oeac-12-74 storm sewer bylawapp.oshawa.ca/agendas/oeac/2012/11-06/oeac-12-74... · environmental...
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OEAC-12-74
Oshawa Environmental Advisory Committee- November 6 2012
Direction of City Council- October 15 2012
Update of Storm Sewer Use By-law 95-95 (DS-12-278)
Recommendation
That pursuant to Report DS-12-278 dated September 26 2012 the Development Services Department be authorized to
a Prepare a proposed new Storm Sewer Use By-law using the April 2011 PGL Study and the preliminary working draft by-law forming part of said Report and
b) Schedule and advertise a public meeting with the Development Services Committee to receive public comment on the proposed new by-law and
c) Consult the Oshawa Environmental Advisory Committee in respect of the proposed new by-law and
d) Report back to Council through the Development Services Committee including a review of comments received and recommending a new Storm Sewer Use By-law
ATTENTION Development Services Department Community Services Department Corporate Services Department Legal Services Finance Services M Pringle L Davis
ACTION TAKEN CARRIED
middotmiddotmiddot~middotmiddoth~Oshawabull Report
To Development Services Committee Item
DS-12-278
Date of Report
September 26 2012
From middot Commissioner Development Services Department
File
D-2110-0046 2010
Date of Meeting
October 1 2012
middot Subject Update ofStorm Sewer Use By-law 95-95
PUBLIC REPORT
10 PURPOSE
The purpose of this report is to
1 Overview a Storm Sewer Use By-law Evaluation Study prepared by Pottinger Gaherty Environmental Consultants Ltd (PGL) (PGL will be making a presentation on its study at the September 26 2012 Development Services Committee meeting) and
2 Recommend that a proposed new Storm Sewer Use By-law be prepared for review with the public and Oshawa Environmental Advisory Committee
By-law 95-95 known as the Storm Sewer Use By-law currently regulates the discharge of water and waste into the municipal storm sewer system and is intended to facilitate the efficient operation of the Citys storm sewer system and the protection of the natural environment
The Citys Storm Sewer Use By-law has not been updated since its passing in 1995
A comprehensive review of the by-law and related material has been undertaken and it has been concluded that the Citys Storm Sewer Use By-law should be updated to
bull Reflect current best practices and science bull Ensure protection of the naturalaquatic environment and bull Harmonize the Citys By-law with the Regions By-law to the extent possible
Attachment No 1 is a copy of the PGL Study dated April 2011
Attachment No 2 is a copy of the Citys current Storm Sewer Use By-law 95-95
Attachment No 3 is a copy of a preliminary working draft of a proposed new Storm Sewer Use By-law
98011-0704
Report to the Development Item DS-12-278 Services Committee (Continued) -2- Meeting Date September 10 2012
20 RECOMMENDATION
That the Developrnent Services Committee recommend to City Council
That pursuant to Report DS-12-278 dated September 26 2012 the Development Services Department be authorized to
(a) Prepare a proposed new Storm Sewer Use By-law using the April 2011 PGL Study and the preliminary working draft by-law forming part of said Report
(b) Schedule and advertise a public meeting with the Development Services Committee to receive public comment on the proposed new by-law
(c) Consult the Oshawa Environmental Advisory Committee in respect of the proposed new by-law and
(d) Report back to Council through the Development Services Committee including a review of comments received and recommending a new Storm Sewer Use By-law
30 EXECUTIVE SUMMARY
The City adopted its current Storm Sewer Use By-law (95-95) in 1995
The By-law has not been comprehensively updated since its passing
Staff with the assistance of PGL (a respected gee-environmental consulting firm) have completed a review of the current Oshawa By-law by-laws being used by other municipalities relevant legislation and guidelines industry best practices and have determined that a new Storm Sewer Use By-la~ is required
This Report recommends that a proposed new Storm Sewer Use By-law be drafted for consultation with the publicmiddot and the Oshawa Environmental Advisory Committee and that staff then report back to Council through the Development Services Committee
Staff from the Central Lake Conservation Authority (CLOCA) and the Region support the Citys initiative to update its current Storm Sewer Use By-law
40 INPUT FROM OTHER SOURCES
41 General
)- The following have been consulted in the preparation of this report
bull Corporate Services bull Works amp Transportation Services bull Legal Services bull Finance Services bull BILT (Building Industry Liaison Team) bull CLOCA
5o
Report to the Development Item DS-12-278 Services Committee (Continued) -3- Meeting Date September 10 2012
bull Durham Region bull Various Regional and Local municipalities throughout Ontario
42 Auditor General
)- The Auditor General does not comment on reports of this nature
50 ANALYSIS
51 Existing By-law 95-95
)- In 1966 the City adopted its first Storm Sewer Use By-law to regulate the discharge of water and waste into the municipal storm sewer system
)- In 1995 the By-law was revised in its entirety
)- By-law 95-95 now regulates the discharge of water and waste into the Citys storm sewer system
)- By-law 95-95 had a minor amendment in 2010 (to indicate that the Durham Consolidated Courthouse was required to comply with the criteria in the Regions storm sewer by-law) but for all intents and purposes has not been comprehensively reviewed or updated since its passing
52 Need for Review
)- Staff initiated a review of Storm Sewer Use By-law 95-95 because
bull It is 18 years old bull There have been significant changes in best practices and the science and
standards for environmental protection in Ontario since 1995 bull In 2009 MOE published a new model storm sewer use by-law bull The Regions middotSewer Use By-law and the Citys corresponding By-law do not match
even though some of the Citys storm sewers may discharge to the Regions system or vice versa and middot
bull There is an ongoing need to protect our natural environment
53 Review
)- Given the specialized nature of environment science and the importance of this issue PGL (a respected environmental consulting firm with a local office) was retained to assist staff in reviewing Storm Sewer Use By-law 95-95 comparing it to by-laws used by other municipalities and assessing legislation guidelines relevant science and best practices
)- PGL has completed its study and it appears as Attachment No 1
5
Report to the Development Item DS-12-278 Services Committee (Continued) -4- Meeting Date September 10 2012
54 Proposed New Storm Sewer Use By-Law
gt As a result of the PGL study it is recommended that a new Storm Sewer Use By-law be prepared consistent with PGLs recommendations for consultation with the public and the Oshawa Environmental Advisory Committee middot
gt A copy of a preliminary working draft of a proposed new Storm Sewer Use By-law appears as Attachment No 3
middotgt The preliminary working draft by-law is based on PGLs work and was prepared by Engineering and Legal Services staff within input from Works and Transportation Services the Region and CLOCA
gt The following summarizes the key sections of the working draft By-law (see Attachment No 3)
bull Clause 1 Short Title
(i) This clause advised that the short title of the by-law is the Storm Sewer Use Byshylaw
bull Clause 2 Interpretation
(i) This clause includes a complete set of the necessary definitions consistent with current industry standards
bull Clause 3 Storm Sewer Requirements
(i) This clause
bull Identifies and defines the material or quantity of material prohibited from being discharged into the Citys storm sewer system
bull Prohibited substances and values are the same as the Regions with the exception of lead and cadmium parameters For those two compounds the Citys values are higher than the Regions
bull Prohibits using dilution to achieve compliance with the By-law
bull Clause 4 Oil Grease and Sediment Interceptors
(i) This clause deals with the control of oil grease and sediment
bull middot Clause 5 Compliance Program
(i) The current City By-law is very rigid and has middotno flexibility to deal with exceedences of the prescribed storm sewer discharge values or the discharge
5L
Report to the Development Item DS-12-278 Services Committee (Continued) -5- Meeting Date September 10 2012
of prohibited substances The proposed new by-law includes some new flexibility and allows a Discharger at the Citys sole discretion to prepare a compliance solution in a specific time frame without being charged
bull Clause 6 Sampling and Analysis
(i) This clause requires sampling and analysis by a property owner at its cost to determine any non-compliance
bull Clause 7 Spills
(i) The Spills Section is based on the Provincial model template and addresses the timing for reporting a spill the need for a detailed report on the spill and the clean-up of any spill and gives the City the authority to charge the property owner for any expenses incurred by the City associated with the spill
bull Clause 8 Pollution Prevention Plans
(i) This clause allows the City to require pollution prevention plans to deal with nonshycompliance andor repeat offences by a Discharger
bull Clause 9 Monitoring Maintenance Holes
(i) This clause requires a Maintenance Access for any site with one or more storm sewer or foundation drain connections to the Citys system
bull Clause 10 Confidential Information
(i) This clause includes the necessary statements regarding the confidentiality of information submitted to the City
bull Clause 11 Enforcement and Offences
(i) This clause sets out the enforcement framework for the by-law
bull Clause 12 Conflict
(i) This clause includes statements to deal with situations where there are conflicts between this By-law and other City By-laws
bull Clause 13 Severability
(i) This clause includes statements to protect the City in the event a part of the byshylaw is found to be illegal or inoperative
middot Report to the Development Item DS-12-278 Services Committee (Continued) -6- Meeting Date September 10 2012
bull Clause 14 Effective Date Repeal
(i) This clause repeals current By-law 95-95 and replaces it with the new By-law
bull Clause 15 Applicability of Regional By-law
(i) This clause clarifies that the Durham Consolidated Courthouse will continue to be required to comply with the Regional By-law
60 FINANCIAL IMPLICATIONS
)gt There are no significant financial implications associated with the Recommendation
)gt The cost of the public meeting and related notices can be accommodated within the Development Services Departments 2012 budget middot
)gt The total cost of the PGL Study was $10000 plus taxes financed through the 2010 Engineering Services operating budget
70 RESPONSE TO THE COMMUNITY STRATEGIC PLAN
gt Th Recommendation advances Goal B (A Green and Sustainable Community) of the ty Community Strategic Plan
~c-u bull ng~ P Eng Director ngineering Services
h~ns~ RPP ~ommissioner Development Services Department
GCc Attachments
6 lJ
~No hs_1z- 27 Attachment~ 1
Sewer Use Bylaw 95-95 Corporation of the City of Oshawa
Prepared for The Corporation of the City of Oshawa 50 Centre Street South OshawaON L1H 3Z7
Prepared by Pottinger Gaherty Environmental Consultants Ltd 83 Centre Street South OshawaON L1H4A1
PGL File 2599-0101
April2011
PGL
Executive Summary
Pottinger Gaherty Environmental Consultants Ltd (PGL) conducted an evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This bylaw is in place primarily to ensure themiddot efficient operation of the stormwater system and for the_ protection of themiddot natural environment This bylaw was last updated in 1995 and recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
The objectives of the evaluation were to
bull update the bylaw to the most recent practices and science bull ensure prot~ction of the naturaVaquatic environment bull harmonize the Citys bylaw with the Regions bylaw to the extent possible and bull consider best management practices that may be implemented by the City to improve
stormwater quality
To conduct the evaluation PGL reviewed middotthe current bylaw and numerous other bylaws from leadingmiddot municipalities and regions including the Region of Durham PGL also reviewed Ontario Ministry of Environment and federal guidance and discussed stormwater discharge issues with the Region of Durham and Central Lake Ontario Conservation Authority To evaluate stormwater quality criteria PGL assessed provincial and federal water quality guidelines and Region of Durham criteria Where Region of Durham criteria exceeded effect-based guidelines we evaluated each compound individually
The detailed evaluation is included in the attached report We recommend criteria for water quality restricted items various clauses and section changes and reviewed best management practices
PGL recommends the criteria for water quality noted in the table below In this table only two parameters vary from the Regions bylaw limits cadmium and lead For these parameters PGL recommends five times the provincial effect-based limit which assumes some dilution is available in the sewer pipe and stream We also recommend that Region of Durhams list of restricted middotand prohibited items be adopted Use of the proposed values and prohibitions will greatly simplify coordination of the bylaw
Recommended Values for Sewer Discharge Limits
temperature (max C) 40
pH max 9
pH min 6
15000 suspended solids (ug1)
arsenic (total- ug1) 20 cadmium (ug1) 1
chromium (ug1 80
copper (ug1) 50
lead (ug1) 10
manganese (total - ug1) 150
mercury (total - ug1) 04
nickel (total - ug1) 80
selenium (total - ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ugn) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml) 200
phosphorus (total P ug1) 400
total kjeldahl nitrogen (ug1) 1000
1122-tetrachloroethylene (ug1) 17
12-dichlorobenzene (ug1) 56
1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88
chloroform (ug1) 2
cis-12-dichloroethylene (ug1) 56
di-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene (ug1) 44
toluene (ug1) 2
trans-13-dichloropropylene (ug1) 56
trichloroethylene (ug1) 8
xylenes (total- ug1)) 44
Notes C =degrees Celsius ugn = micrograms per litre
The current City bylaw contains no options related to exceedences of bylaw limits or prohibited discharges The only option when this occurs now is for a Notice of Violation PGL recommends more options be available to address situations where dischargers cannot technically or costshyeffectively meet discharge limits We propose that the options include a Compliance Program to allowmiddot gradual compliance Where compliance is not feasiole a Pollution Prevention Plan
J PGL
approach should be allowed Pollution prevention plans seek to reduce non-compliant discharges that cannot be rectified completely
We also recommended that several sections be added or amended in the updated bylaw The sections are noted below These recommendations were made to improve the implementation of the bylaw
bull Updated Definitions
bull Prohibition of Dilution
bull Confidentiality bull Manholes
bull Interceptors
bull Sampling and Analysis
bull Authority to Investigate
middotFinally PGL recommends that the City implement best management practices to improve the quality and reduce the quantity of storm sewer discharges Many of these practices are likely already in place during the approvals process Pollution Prevention Plans are also considered a best management practice Actions that can be taken by the City of Oshawa include enforcement of the bylaw a maintenance program for the storm sewer system and education
PPGL
Table of Contents
10 Introduction bullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbullbullbullbullbullbullbullbull ~bullbullbullbullbullbullbullbullbullbullbullbullbull1
20 background bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
30 Objectivebullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
40 Work Program bullbullbullbullbullbullbullbullbullbullbullbullbullbullbull~bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
50 middot Findings 2
51 Regulatory Context middot 2
52 Comparison to Durham Region Sewer Use Bylaw 3
53 Bylaw Templates 3
54 Central Lake Ontario Conservation Authority 4
55 Effects Based Guidelines 5
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
57 Other Municipal and Regional Bylaws 8
58 Best Management Practices 9
60 Discussion 1 0
61 Values to Limit Discharges 10
62 Actions Taken When Non-compliance Occurs 12
63 Recommended Clauses or Sections for a Future Bylaw 12
631 Defh1itions 12
632 Prohibition of Dilution12
633 Confidentiality 13
634 Manholes 13
635 lnterceptors13
636 Sampling and Analysis 13
637 Authority to Investigate 13
638 Construction Controls 13
639 Foundation Drains 14
64 Best Management Practices 14
70 Standard Limitations bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbull 14
TABLES
In Text Table A Bylaw Values Exceeding PWQO 6 Table B Recommended Values for Sewer Discharge Limits 11
Appended Table 1 Comparison of Stormwater Discharge Limits
APV BMP CCME City CLOCA GLWQA
MOE PGL
PWQO
Region
List of Acronyms
Aquatic Protection Values
best mangement practice
Canadian Council of Ministers of the Environment
Corporation of the City of Oshawa
Central Lake Ontario Conservation Authority
Great Lakes Water Quality Agreement
Ontario Ministry of Environment
Pottinger Gaherty Environmental Consultants Ltd
Provincial Water Quality Objective
Region of Durham
PGL
6u
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page1 PGL File 2599-0101
10 INTRODUCTION c
c
Pottinger Gaherty middotEnvironmental Consultants Ltd (PGL) is pleased to provide our evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This report has been prepared to document our work findings and recommendations
20 BACKGROUND
The City has a sewer use bylaw regulating discharges to the municipal storm sewers This bylaw is in place primarily to ensure the efficient operation of the system and for the protection of the natural environment This bylaw was last updated in 1995 Recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
30 OBJECTIVE
The evaluation was conduded
bull to update the bylaw to the most recent pradices and science bull to ensure protedion of the naturalaquatic environment and bull to harmonize the Citys bylaw with the Regions bylaw to the extent possible
PGL was also asked to consider best management pradices that may be implemented by the City to improve stormwater quality
40 WORK PROGRAM
middotTo meet the objedives noted above PGL designed a work program to evaluate the Citys bylaw against the various other bylaws and effeds-based standards and guidelines Specifically PGL
1 Met with the City to clarify needs and current practices
2 Met with the Region of Durham to identify the rationale behind some of its bylaw components middot
3 Met with the Central Lake Ontario Conservation Authority (CLOCA) to discuss its perspedive on stormwater and environmental prot~ction
4 Contacted the various municipalities in Durham Regionmiddot to determine if they have a sewer use bylaw or if they are currently working to revise their bylaws
5 Reviewed similar bylaws from the Region of Durham Durham Region municipalities and other Ontario municipalities that are considered leaders middotin environmental protection (ie Regional MunicipalitY of Niagara City of London Regional Municipality of Waterloo City of Toronto City of Ottawa City of Kingston and Regional Municipality of York)
6 Compared numerical and qualitative standards from the Region of Durhilm and various regions and municipalities with the City standards
7 Compared effed-based standards (ie Provincial Water Quality Objectives Canadian Water Quality Guidelines for the Protedion of Aquatic Life Great Lakes Water Quality Agreement Aquatic Protedion Values) with the City and Region standards
8 Evaluated best management practices and their applicability to the City of Oshawas situation
iiPGL
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page2 PGL File 2599-0101
9 Proposed modifications to the current bylaw that update standards and various management components
10 Met with the City Region and CLOCA to discuss our findings and recommendations and
11 Prepared a draft report of our findings and incorporated comments from the City Region and CLOCA and
12 Prepared this final report of our findings
50 FINDINGS
The findings are discussed in categories related to our work completed Each set of findings are evaluated and discussed Many of the sewer use bylaws apply to both sanitary and storm sewers As Oshawas bylaw relates to storm sewers only PGL only evaluated the storm sewer components of each bylaw The findings discussed here are then used in our discussion section to make recommendations for modifications to the Citys bylaw
51 Regulatory Context
To understand the various limits and values relating to environmental effects PGL has summarized some of the applicable legislation Information from this section is used later in the report when we evaluate proposed bylaw limits The provincial statues apply to surface water in the City as do federal requirements because of the fact that surface water is considered fish habitat
The federal Fisheries Act prohibits the deposit of a deleterious substance of any type in water frequented by fish or in any place under any Conditions where the deleterious substance or any
middotother deleterious substance that results from the deposit of the deleterious substance may enter any such water (subsection 36(3)) Any substance with a potentially harmful chemical physical or biological effect on fish or fish habitat is considered to be deleterious
Section 30(1) of the Ontario Water Resources Act states that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters is guilty of an offence
The Ontario Environmental Protection Act provides the legislative authority to limit the discharge of contaminants to the natural environment Section 14(1) of the Ontario Environmental Protection Act (RSO 1990) states that a person shall not discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment if the discharge causes or may cause an adverse effect Section 1 (1) of the same act defines adverse effect as one or more of (a) impairment of the quality of the natural environment for any use that can be made of it (b) injury or damage to property or to plant or animal life (c) harm or material discomfort to any person (d) an adverse effect on the health of any person (e) impairment of the safety of any person (f) rendering any property or plant or animal life unfit for use by man (g) loss of enjoyment of normal use of property ancf (h) interference with the normal conduct of business
IJPGL
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Storm Sewer Use Bylaw Evaluation Aprl12011 The Corporation of the City of Oshawa Page3 PGL File 2599-0101
52 Comparison to Durham Region Sewer Use Bylaw
PGL compared the City and the Regions sewer use bylaws to evaluate significant differences The Regions bylaw (Bylaw 43-2004) was last revised in June-2009 Changes to the Regions bylaw are being considered and we also discuss differences with the draft concepts The revised changes will have no effect on stormwater discharge criteria
Table 1 (appended) shows a comparison of the City and Region bylaws with respect to storm sewer discharge values There are numerous cases where there are no City values and Regional values exist There is no consistency with respect to the quantitative limits (ie there are instances where the City is more stringent and cases were the Region is more stringent)
PGL obtained information regarding the rationale for the various limits from Simon Beacock Group Leader Region of Durham Sewer Use Bylaw Office The information indicates that most values are taken from the City of Toronto bylaw or are four times the City of Toronto or Regions detection limits for its lab Mr Beacock indicated that the values used have been accepted by the Municipal Sewer Use Group whose members include the Region of Durham Region of York City of Toronto and other municipalities or regions
Table 1 also shows a comparison of the list of restricted items for discharge to the storm sewer (qualitative items) The Regions list is more extensive than the Citys but the Citys items are all found within the Regions list For ease of implementation PGL recommends the Citys list mirror the Regions asit is mor~ complete
There are also severaJ sections of the Regions bylaw that differ from the Citys There are definitions that vary from the Regions however many of these are due to the fact that the Citys bylaw does not include sanitary sewer discharges The Region also includes sections on foundation drain connections oil grease and sand interceptors a prohibition of dilution agreements compliance programs Pollution Prevention Plans applications for waste discharge and surveys and several general categories Some of these sections could be incorporated in the Citys updated bylaw as appropriate as discussed in Section 63
PGL discussed the implementation of and changes to Durham Regions Sewer Use Bylaw with Simon Beacock He indicated that although the bylaw includes the option to require a pollution prevention plan or connection permits with a waste survey these are not being implemented The need for connection permits will likely be removed in the future bylaw The Region finds that enforcement of these sections is often not practical and it is focussed on education rather than enforcement The Region has developed pollution prevention plans for numerous industries that are known to commonly discharge wastes above the limits
The Region of Durham had no comments on our draft report --- middotmiddotmiddot
63 Bylaw Templates
There are three model sewer use bylaws in Ontario
1 Model Sewer Use Bylaw Ontario Ministry of Environment August 1988 was reprinted in middot October 1989
2 Model Sewer Use Bylaw DRAFT only Ontario Ministry of Environment 1998 and
PGL
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Pag4PGL File 2599-0101
3 Model Sewer Use Bylaw Guidance Document Marbek Resource Consultants Ltd submitted to Canadian Council of Ministers of Environment February 2009
In an effort to promote the development of sewer use bylaws the Ontario Ministry of Environment (MOE) published a template bylaw in 1988 This template is the model used by the City of Oshawa for the development of its current bylaw Many of the quantitative water quality values used in the model bylaw are derived from the Provincial Water Quality Objectives (PWQO) and include a dilution factor of 15 to 5 times The standards include a note that the values and prohibitions are intended as trigger levels for further action Where a discharge exceeds a limit the municipality is to request the industry prepare andmiddot implement a Best Management Plan to address the stollT1water discharge The limits and prohibitions are also intended to apply to two cases only for runoff from an industrial process area and where material has been purposely added to the storm sewer as a method of disposal
The MOEs draft 1998 model sewer use bylaw was posted for comment but never finalized In middot this version the various prohibitions remain but the numerical limits are replaced with a statement that the discharge should notimpair the quality of the water in any well lake river pond spring stream reservoir or other water or watercoursemiddot The sections on sampling and analysis spills and offences and penalties also were reworded and a section added regarding discharger selfshymonitoring
The 2009 sewer use bylaw model applies only to sanitary and combined sewer works and does notapply to the Citysmiddot context The model bylaw does however have up-to-date definitions and clauses that may be of use for some of the Citys needs middot
In summary there is little useful guidance available from the provincial government on a bylaw middotmiddot template Recent bylaws from other jurisdictions are likely more useful Information regarding the
purpose of the limits and the dilution factor used in the derivation of the limits are used in the discussion below
54 Central Lake Ontario Conservation Authority
The CLOCAs mandate is to promote the conservation restoration development and management of natural resources in partnershipmiddot with local municipalities and the province Although the Citys bylaw will take priority over CLOCAs guidelines PGL reviewed CLOCAs information and talked to CLOCA about its objectives
middot CLOCAs stormwater requirements are found in Technical Guidelines for Stormwater Management Submissions CLOCA June 2007 revised March 2010 This document contains guidance regarding stormwater system design and CLOCA requirements Regarding water quality CLOCA uses guidance from the Ontario MOEs Stormwater Management Planning and Design Manual 2003 In this document there is a requirement that 70 to 80 of suspended solids be removed from a propertys stormwater discharge CLOCA provides other guidance
middot regarding infiltration erosion control and oil and grit separators Best management practicesmiddot discussed include reduced lot grading roof leaders discharging to areas of infiltration infiltration trenches grassed swales and pervious pipe and catch basin systems
CLOCA had two comments on the draft version of this report It shares the official policy of the Ontario Ministry of E11vironment and Fisheries and Oceans Canada with respect to applying dilution factors (ie it had concerns regarding the use of a dilution factor) CLOCA supports the implementation of options for action on non-compliance situations (ie pollution prevention plans or requirements for physical works)
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa PageS PGL File 2599-0101
55 Effects Based Guidelines
PGL compared the sewer use bylaw standards to commonly accepted effects-based guidelines (ie values that indicate possible adverse effects to aquatic life) Documents reviewed include
bull Water Management Policies Guidelines and Provincial Water Quality Objectives (commonly called PWQO) Ontario Ministry of Environment and Energy July 1994 reprinted 1999
middot bull Canadian Environmental Quality Guidelines Canadian Council of Ministers of the Environment (CCME) 1999 and last updated 2007
bull Great Lakes Water Quality Agreement of 1978 (GLWaA) last amended 1987 and bull Rationale for the Development of Soil and Ground Water Standards for Use at Contaminated
Sites in Ontario MOE December 22 2009 From this document the Aquatic Protection Values (APVs) were used for comparison
From these 1guidelines the PWQO is the most commonly used document in Ontario The other documents were used as reference or to support discussions and recommendations below
The CCME PWQO GLWQA and APV values indicate habitats that are acceptable for aquatic life These are considered chronic effect limits Some mixing and dilution will take place in the pipe before discharge to surface water and further mixing and dilution will take place in a receiving water body Reliance on a dilution factor to achieve standards in the receiving water body (ie to accommodate for mixing) is officially discouraged by both the MOE and Fisheries and Oceans Canada Discussions with the Region and MOE however indicate that they understand mixing is available for rainfall discharges (ie the use of dilution in the stream can be used) As a result of this practice we have also incorporated a dilution factor into our discussion below
Table 1 (attached) shows our comparison to the various effect-based standards Based on the common use of the PWQO we used this as a preliminary evaluation of limits Table A below shows discharge limits from the City or Region that exceed PWQO values
As a secondary screen of effect-based values PGL
1 Assumed a dilution factor of 5 times The MOE template bylaw allowed for a dilution factor of 15 to 5 times based on the compound and 5 seems reasonable given the allowance for dilution in the stream
2 Compared discharge limits to 5 times PWQO
3 Compared discharge limits to 5 times GCME values as these are more up to date than PWQOs
4 Compared discharge limits to 5 times APVs as these are the most up to date and are the values currently accepted by the MOE and
5 Highlighted compounds that exceeded any of the three comparisons above (bold and underlined in Table A)
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page6 PGL File 2599-0101
Table A Bylaw Values Exceeding PWQO
cadmium (ug1) 1
chromium (ug1) 200
copper (ug1) 10
lead (ug1) 50
mercury (total- ug1) 1
nickel (total - ug1) 50
silver (ug1) NS
zinc (ug1) 50
cyanide (ug1) NS
e-coli (colonies100 ml) 200
PCBs (ug1) NS
phenolics (ug1) NS
phosphorus (total ~ ug1) NS
1 2-dichlorobenzene (ug1) NS
14-dichlorobenzene (ug1) NS
toluene (ug1) NS
sect 02 0017
80 89 89
50 1-5 2-4
120 5-25 1-7
04 02 003
80 25 25-150
120 01 01
40 30 30
20 5 5
200 100 NS
04 0001 NS
sect 1 4
400 30 NS
56 25 07
68 4 26
2 08 20
021
64
69
2
077
39 -
012
89
52
NS
0014
961
NS
763
763
1400
1
80
50
10
04
80
NS
40
20
200
NS
NS
400
56
68
2
Notes NS =no standard ug1 =microgramgt per litre
Each of the compounds remaining was then evaluated on a case-by-case basis
bull Cadmium is soluble and toxic and there was no reason to deviate from the effect-based standards
bull The APV value for chromium is based on a 2008 US Environmental Protection Agency value and assumes a water hardness of 70mgl This hardness value represents relatively soft water and although high for rainfall is acceptable Since this is based on the most recent work it can be used and the Regio11s value is acceptable
bull The copper value may be toxicologically justified but is likely impractical to comply with Copper use is widespread and the use of the Regions value may be reasonable as a value that can be enforced Assuming a 10 times dilution factor in the pipe and stream would lead to a justifiable value of 50ugll as a discharge limit middot
bull Lead is not soluble under normal conditions but will solubilize with a reduced pH Given that lead in sediment is toxic to benthic invertebrates and in the food chain and given the common use of lead we recommend an effects-based standard The toxicity value is well justified
bull Silver discharges have typically been restricted due to its use in the photographic industry (ie film developing) Silver is highly insoluble and therefore would be expected in the sediment of discharges rather than the liquid The use of the Regions value may be
middot acceptable in cases with significant sediment Based on the difficulty of explaining the
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nuances of this difference between dissolved and total silver and the current lack of use of silver it is recommended to leave this value from the Citys list of parameters
bull CCME indicates that PCBs should not be treated as water quality parameter as the PCBs would be found primarily in sediment In addition the use of PCBs is very limited due to its restriction in the 1980s and there is no reason to believe this is a significant source of contamination to the Citys sewers Based on these two factors PGL recommends that PCB be left off of the Citys list of compounds -
bull The phenolics value exceeds 5 times the PWQO but is well below the APV value for phenol Phenolics is a broad analysis of various compounds and does notmiddot indicate a specific compound Based on the lack of specificity in the analysis PGL does not recommend the use of this value in the Citys list of compounds middot
bull The phosphorus level found in the PWQO was set to avoid nuisance algae blooms and to limit excessive plant growth in water bodies Phosphorus is not considered toxic in itself The Regions limit assumes a dilution factor of 13 times and this is likely acceptable given that stormwatermiddot emissions occur over short periods and the PWQO limit of 30ugJ is for a longshyterm average
In summary PGL believes that standards more stringent than the Regions should be used for cadmium and lead based on effects-based values The effects based value for copper is toxicologically justified but likely routinely exceeded because of the widespread use of copper and its solubility In this case the use of the Regions standards is likely appropriate for ease of implementation Silver and PCBs are not being used widely and would be found in sediment primarily We recommend that no standards be put in place for these Phenolics are a case where the testing does not represent toxicity and therefore should not be used Phosphorus is another case that is not related directly to toxicity however does reflect a water bodys health The Regions value is appropriate in this case
It is understood that many of the Regions limits were set based on 4 times the method detection limit for the City -of Toronto or Regions lab The limits were set some timemiddot in the past and current commercial labs can readily meet the PWQO values PGL believes that the 4 times method detection limit rationale is not technically justifiable at this time middot
Although there are toxicity concerns with cadmium and lead the City may still elect to use the Regions values for ease of implementation These values are widely used by other municipalities as seen on Table 1 and the MOE has no i(nmediate concerns with the values (conversation with Ted Belayneh Group Leader Surface Water) It should be noted however that the values will likely be reduced in the future as the trend in environmental protection is generally to lower standards particularly for these parameters
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
PGL contacted various municipalities i~ the Durham Region (Pickering Ajax Whitby and Clarington) to discuss their sewer use bylaws Of these municipalities only Ajax has a valid sewer use bylaw Their current bylaw is from 1972 and is considered significantly out of date Pickering has a one-page bylaw from the 1960s that is not being used Of the four municipalities consulted only Ajax is in the process of updating its current bylaw middot
The Town of Ajaxs draft sewer use bylaw limits are shown in Table 1 along with the Regions values As can be seen the values generally mirror the current Regions alues There are also numerous compounds included in the Town of Ajaxs list of values that are not part of the Citys or
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa PageS PGL File 2599-0101
Regions bylaws Discussions indicate that these were added to reflect industrial processes present in the Town of Ajaxs local jurisdiction It is PGLs recommendation not to adopt this expanded list of contaminants to facilitate implementation The expanded list would be largely captured in the bylaw with the list of prohibited materials
The draft Town of Ajax bylaw is the only other bylaw reviewed that was for stormwater only The text includes various items not found in the City of Oshawas bylaw These items are noted below and were considered in our evaluation of recommended changes
bull Options for action on non-compliance other than a Notice of Violation Options include imposing requirements for a study on stormwater quality or quantity modification or the construction of stormwater facilities implementing pollution prevention techniques and others Owners have 1 0 days to initiate compliance with these requirements
bull The ability to provide a limited time compliance program The compliance program may include discharges exceeding limits and is intended as a bridge toward full compliance (Le installation of a treatment facility or other modifications)
bull An option to require industrial occupants who exceed limits fail to comply with a compliance program or hav~ had spills to conduct a study of effects or to develop a pollution prevention plan
bull Requirements to install and maintain oil grease and sand interceptors for any owners who may discharge oil or sediment respectively
bull Requirements for construction activities and outdoor storage bull Sections on confidentiality and enforcement
57 Other Municipal and Regional Bylaws
PGL reviewed a number of cgtther sewer use bylaws In the selection of bylaws to review PGL focussed on recent bylaws or regions that are considered leaders in the management of water The values restricting discharges to the storm sewer are noted on Table 1 as well as the various prohibitions All of these bylaws include both stormwater and sanitary discharges The information noted below was used in our evaluation of recommended changes to the City of Oshawas bylaw
The bylaws reviewed consisted of sewer use bylaws from
bull Regional Municipality of York 2010 Draft bull City ofKingston 2008 bull City of Ottawa 2003 bull City of Toronto 2009 bull Regional Municipality of Waterloo 1992 bull City of London 2010 and bull Regional Municipality of Niagara 2008
With regards to the limits imposed on stormwater discharges the other cities and regions are relatively similar and consistent with the Region of Durham The middotCity of Waterloo is somewhat of an outlier and often has standards for stormwater discharges that are more stringent than other
- areas The Citys values are higher or lower than other areas with little consistency The Region of Durham Region of York and City of Toronto have values that are very similar with the only differences being that the Region has a higher limit than the City of Toronto for manganese The
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City of Toronto also has numerous organic compounds that are not included the Regions list of compounds
With regards to the text of the bylaw there are numerous differences between the various cities and regions The great majority of the bylaws have sections relating to definitions discharge requirements a prohibition of dilution agreements for discharges sampling and analytical requirements amiddot compliance program maintenance access points and requirements for interceptors The prohibition of dilution restricts people from diluting a waste to meet the bylaw requirements The compliance programs allow an industry to discharge waste out of compliance while it is taking steps to meet compliance middot
One area where various regions differ significantly is on the requirements made of industries The City of Toronto for example required Pollution Prevention Plans from almost all industries with an initial deadline of 2002 Other regions (ie York and Durham) have the ability to request Pollution Prevention Plans Waterloo and Kingston require waste survey reports while York Durham and Ottawa have the option to request them The only region or city with an option tQ prepare a Best Management Plan is Waterloo
Another area where there are significant differences is in the actions allowed if there are discharges over the limits prescribed In almost all cases a compliance plan is permitted to close the gap to compliance In Waterloos case the implementation of a Best Management Plan will allow for discharges Qutside of the prescribed limits In Yorks case a Pollution Prevention Plan may be required Kingston has no option other than compliance
Several but not all of the bylaws reviewed include language regarding the responsibilities for samplirig and monitoring York Niagara Toronto and Ottawa all indicate that sampling required
by the city or region is to be paid for by the owner
58 Best Management Practices
There are numerous best management practices (BMPs) that can be implemented to control the flow and quality of stormwater discharges Adopting a workable and up-to-date sewer use bylaw middotis one of the things that can be done to improve the environment and in this report PGL has several recommendations for how this can be done Other best management options include
bull Enforcement of sewer use bylaw bull Education of industries and the public This can be done through information sessions
developing materials for education or by labelling high risk catch pasins that discharge to surface water and fish habitat middot
bull Incorporating environmentally sound practices in the design and approval of stormwater management plans prepared by existing industries andor new developments These Low Impact Development features could include middot gt Volume Reduction - reduce and mitigate the total runoff volume caused by increased
urban development and subsequent increasing impervious areas and maximize the amount of runoff returned to shallow groundwater via recharge BMPs for volume reduction and maximizing recharge include ground infiltration systems (ie permeable pipes and catch basins rock drains) pervious pavement designs restrictor plates biofiltration swales and long-term storage in constructed wetlands or ponds
gt Water Quality Improvements - mitigate water quality impacts to fish habitat by collecting and treating fir8t flush events ofmiddot smaller storms and more frequent runoff events from impervious areas BMPs for water quality include biofiltration swales and constructed wetlands Oil and grit separators are also a way to improve water quality as many of the
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contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
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Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
IPGL
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In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
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added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
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639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
middotmiddotmiddot~middotmiddoth~Oshawabull Report
To Development Services Committee Item
DS-12-278
Date of Report
September 26 2012
From middot Commissioner Development Services Department
File
D-2110-0046 2010
Date of Meeting
October 1 2012
middot Subject Update ofStorm Sewer Use By-law 95-95
PUBLIC REPORT
10 PURPOSE
The purpose of this report is to
1 Overview a Storm Sewer Use By-law Evaluation Study prepared by Pottinger Gaherty Environmental Consultants Ltd (PGL) (PGL will be making a presentation on its study at the September 26 2012 Development Services Committee meeting) and
2 Recommend that a proposed new Storm Sewer Use By-law be prepared for review with the public and Oshawa Environmental Advisory Committee
By-law 95-95 known as the Storm Sewer Use By-law currently regulates the discharge of water and waste into the municipal storm sewer system and is intended to facilitate the efficient operation of the Citys storm sewer system and the protection of the natural environment
The Citys Storm Sewer Use By-law has not been updated since its passing in 1995
A comprehensive review of the by-law and related material has been undertaken and it has been concluded that the Citys Storm Sewer Use By-law should be updated to
bull Reflect current best practices and science bull Ensure protection of the naturalaquatic environment and bull Harmonize the Citys By-law with the Regions By-law to the extent possible
Attachment No 1 is a copy of the PGL Study dated April 2011
Attachment No 2 is a copy of the Citys current Storm Sewer Use By-law 95-95
Attachment No 3 is a copy of a preliminary working draft of a proposed new Storm Sewer Use By-law
98011-0704
Report to the Development Item DS-12-278 Services Committee (Continued) -2- Meeting Date September 10 2012
20 RECOMMENDATION
That the Developrnent Services Committee recommend to City Council
That pursuant to Report DS-12-278 dated September 26 2012 the Development Services Department be authorized to
(a) Prepare a proposed new Storm Sewer Use By-law using the April 2011 PGL Study and the preliminary working draft by-law forming part of said Report
(b) Schedule and advertise a public meeting with the Development Services Committee to receive public comment on the proposed new by-law
(c) Consult the Oshawa Environmental Advisory Committee in respect of the proposed new by-law and
(d) Report back to Council through the Development Services Committee including a review of comments received and recommending a new Storm Sewer Use By-law
30 EXECUTIVE SUMMARY
The City adopted its current Storm Sewer Use By-law (95-95) in 1995
The By-law has not been comprehensively updated since its passing
Staff with the assistance of PGL (a respected gee-environmental consulting firm) have completed a review of the current Oshawa By-law by-laws being used by other municipalities relevant legislation and guidelines industry best practices and have determined that a new Storm Sewer Use By-la~ is required
This Report recommends that a proposed new Storm Sewer Use By-law be drafted for consultation with the publicmiddot and the Oshawa Environmental Advisory Committee and that staff then report back to Council through the Development Services Committee
Staff from the Central Lake Conservation Authority (CLOCA) and the Region support the Citys initiative to update its current Storm Sewer Use By-law
40 INPUT FROM OTHER SOURCES
41 General
)- The following have been consulted in the preparation of this report
bull Corporate Services bull Works amp Transportation Services bull Legal Services bull Finance Services bull BILT (Building Industry Liaison Team) bull CLOCA
5o
Report to the Development Item DS-12-278 Services Committee (Continued) -3- Meeting Date September 10 2012
bull Durham Region bull Various Regional and Local municipalities throughout Ontario
42 Auditor General
)- The Auditor General does not comment on reports of this nature
50 ANALYSIS
51 Existing By-law 95-95
)- In 1966 the City adopted its first Storm Sewer Use By-law to regulate the discharge of water and waste into the municipal storm sewer system
)- In 1995 the By-law was revised in its entirety
)- By-law 95-95 now regulates the discharge of water and waste into the Citys storm sewer system
)- By-law 95-95 had a minor amendment in 2010 (to indicate that the Durham Consolidated Courthouse was required to comply with the criteria in the Regions storm sewer by-law) but for all intents and purposes has not been comprehensively reviewed or updated since its passing
52 Need for Review
)- Staff initiated a review of Storm Sewer Use By-law 95-95 because
bull It is 18 years old bull There have been significant changes in best practices and the science and
standards for environmental protection in Ontario since 1995 bull In 2009 MOE published a new model storm sewer use by-law bull The Regions middotSewer Use By-law and the Citys corresponding By-law do not match
even though some of the Citys storm sewers may discharge to the Regions system or vice versa and middot
bull There is an ongoing need to protect our natural environment
53 Review
)- Given the specialized nature of environment science and the importance of this issue PGL (a respected environmental consulting firm with a local office) was retained to assist staff in reviewing Storm Sewer Use By-law 95-95 comparing it to by-laws used by other municipalities and assessing legislation guidelines relevant science and best practices
)- PGL has completed its study and it appears as Attachment No 1
5
Report to the Development Item DS-12-278 Services Committee (Continued) -4- Meeting Date September 10 2012
54 Proposed New Storm Sewer Use By-Law
gt As a result of the PGL study it is recommended that a new Storm Sewer Use By-law be prepared consistent with PGLs recommendations for consultation with the public and the Oshawa Environmental Advisory Committee middot
gt A copy of a preliminary working draft of a proposed new Storm Sewer Use By-law appears as Attachment No 3
middotgt The preliminary working draft by-law is based on PGLs work and was prepared by Engineering and Legal Services staff within input from Works and Transportation Services the Region and CLOCA
gt The following summarizes the key sections of the working draft By-law (see Attachment No 3)
bull Clause 1 Short Title
(i) This clause advised that the short title of the by-law is the Storm Sewer Use Byshylaw
bull Clause 2 Interpretation
(i) This clause includes a complete set of the necessary definitions consistent with current industry standards
bull Clause 3 Storm Sewer Requirements
(i) This clause
bull Identifies and defines the material or quantity of material prohibited from being discharged into the Citys storm sewer system
bull Prohibited substances and values are the same as the Regions with the exception of lead and cadmium parameters For those two compounds the Citys values are higher than the Regions
bull Prohibits using dilution to achieve compliance with the By-law
bull Clause 4 Oil Grease and Sediment Interceptors
(i) This clause deals with the control of oil grease and sediment
bull middot Clause 5 Compliance Program
(i) The current City By-law is very rigid and has middotno flexibility to deal with exceedences of the prescribed storm sewer discharge values or the discharge
5L
Report to the Development Item DS-12-278 Services Committee (Continued) -5- Meeting Date September 10 2012
of prohibited substances The proposed new by-law includes some new flexibility and allows a Discharger at the Citys sole discretion to prepare a compliance solution in a specific time frame without being charged
bull Clause 6 Sampling and Analysis
(i) This clause requires sampling and analysis by a property owner at its cost to determine any non-compliance
bull Clause 7 Spills
(i) The Spills Section is based on the Provincial model template and addresses the timing for reporting a spill the need for a detailed report on the spill and the clean-up of any spill and gives the City the authority to charge the property owner for any expenses incurred by the City associated with the spill
bull Clause 8 Pollution Prevention Plans
(i) This clause allows the City to require pollution prevention plans to deal with nonshycompliance andor repeat offences by a Discharger
bull Clause 9 Monitoring Maintenance Holes
(i) This clause requires a Maintenance Access for any site with one or more storm sewer or foundation drain connections to the Citys system
bull Clause 10 Confidential Information
(i) This clause includes the necessary statements regarding the confidentiality of information submitted to the City
bull Clause 11 Enforcement and Offences
(i) This clause sets out the enforcement framework for the by-law
bull Clause 12 Conflict
(i) This clause includes statements to deal with situations where there are conflicts between this By-law and other City By-laws
bull Clause 13 Severability
(i) This clause includes statements to protect the City in the event a part of the byshylaw is found to be illegal or inoperative
middot Report to the Development Item DS-12-278 Services Committee (Continued) -6- Meeting Date September 10 2012
bull Clause 14 Effective Date Repeal
(i) This clause repeals current By-law 95-95 and replaces it with the new By-law
bull Clause 15 Applicability of Regional By-law
(i) This clause clarifies that the Durham Consolidated Courthouse will continue to be required to comply with the Regional By-law
60 FINANCIAL IMPLICATIONS
)gt There are no significant financial implications associated with the Recommendation
)gt The cost of the public meeting and related notices can be accommodated within the Development Services Departments 2012 budget middot
)gt The total cost of the PGL Study was $10000 plus taxes financed through the 2010 Engineering Services operating budget
70 RESPONSE TO THE COMMUNITY STRATEGIC PLAN
gt Th Recommendation advances Goal B (A Green and Sustainable Community) of the ty Community Strategic Plan
~c-u bull ng~ P Eng Director ngineering Services
h~ns~ RPP ~ommissioner Development Services Department
GCc Attachments
6 lJ
~No hs_1z- 27 Attachment~ 1
Sewer Use Bylaw 95-95 Corporation of the City of Oshawa
Prepared for The Corporation of the City of Oshawa 50 Centre Street South OshawaON L1H 3Z7
Prepared by Pottinger Gaherty Environmental Consultants Ltd 83 Centre Street South OshawaON L1H4A1
PGL File 2599-0101
April2011
PGL
Executive Summary
Pottinger Gaherty Environmental Consultants Ltd (PGL) conducted an evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This bylaw is in place primarily to ensure themiddot efficient operation of the stormwater system and for the_ protection of themiddot natural environment This bylaw was last updated in 1995 and recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
The objectives of the evaluation were to
bull update the bylaw to the most recent practices and science bull ensure prot~ction of the naturaVaquatic environment bull harmonize the Citys bylaw with the Regions bylaw to the extent possible and bull consider best management practices that may be implemented by the City to improve
stormwater quality
To conduct the evaluation PGL reviewed middotthe current bylaw and numerous other bylaws from leadingmiddot municipalities and regions including the Region of Durham PGL also reviewed Ontario Ministry of Environment and federal guidance and discussed stormwater discharge issues with the Region of Durham and Central Lake Ontario Conservation Authority To evaluate stormwater quality criteria PGL assessed provincial and federal water quality guidelines and Region of Durham criteria Where Region of Durham criteria exceeded effect-based guidelines we evaluated each compound individually
The detailed evaluation is included in the attached report We recommend criteria for water quality restricted items various clauses and section changes and reviewed best management practices
PGL recommends the criteria for water quality noted in the table below In this table only two parameters vary from the Regions bylaw limits cadmium and lead For these parameters PGL recommends five times the provincial effect-based limit which assumes some dilution is available in the sewer pipe and stream We also recommend that Region of Durhams list of restricted middotand prohibited items be adopted Use of the proposed values and prohibitions will greatly simplify coordination of the bylaw
Recommended Values for Sewer Discharge Limits
temperature (max C) 40
pH max 9
pH min 6
15000 suspended solids (ug1)
arsenic (total- ug1) 20 cadmium (ug1) 1
chromium (ug1 80
copper (ug1) 50
lead (ug1) 10
manganese (total - ug1) 150
mercury (total - ug1) 04
nickel (total - ug1) 80
selenium (total - ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ugn) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml) 200
phosphorus (total P ug1) 400
total kjeldahl nitrogen (ug1) 1000
1122-tetrachloroethylene (ug1) 17
12-dichlorobenzene (ug1) 56
1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88
chloroform (ug1) 2
cis-12-dichloroethylene (ug1) 56
di-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene (ug1) 44
toluene (ug1) 2
trans-13-dichloropropylene (ug1) 56
trichloroethylene (ug1) 8
xylenes (total- ug1)) 44
Notes C =degrees Celsius ugn = micrograms per litre
The current City bylaw contains no options related to exceedences of bylaw limits or prohibited discharges The only option when this occurs now is for a Notice of Violation PGL recommends more options be available to address situations where dischargers cannot technically or costshyeffectively meet discharge limits We propose that the options include a Compliance Program to allowmiddot gradual compliance Where compliance is not feasiole a Pollution Prevention Plan
J PGL
approach should be allowed Pollution prevention plans seek to reduce non-compliant discharges that cannot be rectified completely
We also recommended that several sections be added or amended in the updated bylaw The sections are noted below These recommendations were made to improve the implementation of the bylaw
bull Updated Definitions
bull Prohibition of Dilution
bull Confidentiality bull Manholes
bull Interceptors
bull Sampling and Analysis
bull Authority to Investigate
middotFinally PGL recommends that the City implement best management practices to improve the quality and reduce the quantity of storm sewer discharges Many of these practices are likely already in place during the approvals process Pollution Prevention Plans are also considered a best management practice Actions that can be taken by the City of Oshawa include enforcement of the bylaw a maintenance program for the storm sewer system and education
PPGL
Table of Contents
10 Introduction bullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbullbullbullbullbullbullbullbull ~bullbullbullbullbullbullbullbullbullbullbullbullbull1
20 background bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
30 Objectivebullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
40 Work Program bullbullbullbullbullbullbullbullbullbullbullbullbullbullbull~bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
50 middot Findings 2
51 Regulatory Context middot 2
52 Comparison to Durham Region Sewer Use Bylaw 3
53 Bylaw Templates 3
54 Central Lake Ontario Conservation Authority 4
55 Effects Based Guidelines 5
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
57 Other Municipal and Regional Bylaws 8
58 Best Management Practices 9
60 Discussion 1 0
61 Values to Limit Discharges 10
62 Actions Taken When Non-compliance Occurs 12
63 Recommended Clauses or Sections for a Future Bylaw 12
631 Defh1itions 12
632 Prohibition of Dilution12
633 Confidentiality 13
634 Manholes 13
635 lnterceptors13
636 Sampling and Analysis 13
637 Authority to Investigate 13
638 Construction Controls 13
639 Foundation Drains 14
64 Best Management Practices 14
70 Standard Limitations bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbull 14
TABLES
In Text Table A Bylaw Values Exceeding PWQO 6 Table B Recommended Values for Sewer Discharge Limits 11
Appended Table 1 Comparison of Stormwater Discharge Limits
APV BMP CCME City CLOCA GLWQA
MOE PGL
PWQO
Region
List of Acronyms
Aquatic Protection Values
best mangement practice
Canadian Council of Ministers of the Environment
Corporation of the City of Oshawa
Central Lake Ontario Conservation Authority
Great Lakes Water Quality Agreement
Ontario Ministry of Environment
Pottinger Gaherty Environmental Consultants Ltd
Provincial Water Quality Objective
Region of Durham
PGL
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page1 PGL File 2599-0101
10 INTRODUCTION c
c
Pottinger Gaherty middotEnvironmental Consultants Ltd (PGL) is pleased to provide our evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This report has been prepared to document our work findings and recommendations
20 BACKGROUND
The City has a sewer use bylaw regulating discharges to the municipal storm sewers This bylaw is in place primarily to ensure the efficient operation of the system and for the protection of the natural environment This bylaw was last updated in 1995 Recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
30 OBJECTIVE
The evaluation was conduded
bull to update the bylaw to the most recent pradices and science bull to ensure protedion of the naturalaquatic environment and bull to harmonize the Citys bylaw with the Regions bylaw to the extent possible
PGL was also asked to consider best management pradices that may be implemented by the City to improve stormwater quality
40 WORK PROGRAM
middotTo meet the objedives noted above PGL designed a work program to evaluate the Citys bylaw against the various other bylaws and effeds-based standards and guidelines Specifically PGL
1 Met with the City to clarify needs and current practices
2 Met with the Region of Durham to identify the rationale behind some of its bylaw components middot
3 Met with the Central Lake Ontario Conservation Authority (CLOCA) to discuss its perspedive on stormwater and environmental prot~ction
4 Contacted the various municipalities in Durham Regionmiddot to determine if they have a sewer use bylaw or if they are currently working to revise their bylaws
5 Reviewed similar bylaws from the Region of Durham Durham Region municipalities and other Ontario municipalities that are considered leaders middotin environmental protection (ie Regional MunicipalitY of Niagara City of London Regional Municipality of Waterloo City of Toronto City of Ottawa City of Kingston and Regional Municipality of York)
6 Compared numerical and qualitative standards from the Region of Durhilm and various regions and municipalities with the City standards
7 Compared effed-based standards (ie Provincial Water Quality Objectives Canadian Water Quality Guidelines for the Protedion of Aquatic Life Great Lakes Water Quality Agreement Aquatic Protedion Values) with the City and Region standards
8 Evaluated best management practices and their applicability to the City of Oshawas situation
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9 Proposed modifications to the current bylaw that update standards and various management components
10 Met with the City Region and CLOCA to discuss our findings and recommendations and
11 Prepared a draft report of our findings and incorporated comments from the City Region and CLOCA and
12 Prepared this final report of our findings
50 FINDINGS
The findings are discussed in categories related to our work completed Each set of findings are evaluated and discussed Many of the sewer use bylaws apply to both sanitary and storm sewers As Oshawas bylaw relates to storm sewers only PGL only evaluated the storm sewer components of each bylaw The findings discussed here are then used in our discussion section to make recommendations for modifications to the Citys bylaw
51 Regulatory Context
To understand the various limits and values relating to environmental effects PGL has summarized some of the applicable legislation Information from this section is used later in the report when we evaluate proposed bylaw limits The provincial statues apply to surface water in the City as do federal requirements because of the fact that surface water is considered fish habitat
The federal Fisheries Act prohibits the deposit of a deleterious substance of any type in water frequented by fish or in any place under any Conditions where the deleterious substance or any
middotother deleterious substance that results from the deposit of the deleterious substance may enter any such water (subsection 36(3)) Any substance with a potentially harmful chemical physical or biological effect on fish or fish habitat is considered to be deleterious
Section 30(1) of the Ontario Water Resources Act states that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters is guilty of an offence
The Ontario Environmental Protection Act provides the legislative authority to limit the discharge of contaminants to the natural environment Section 14(1) of the Ontario Environmental Protection Act (RSO 1990) states that a person shall not discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment if the discharge causes or may cause an adverse effect Section 1 (1) of the same act defines adverse effect as one or more of (a) impairment of the quality of the natural environment for any use that can be made of it (b) injury or damage to property or to plant or animal life (c) harm or material discomfort to any person (d) an adverse effect on the health of any person (e) impairment of the safety of any person (f) rendering any property or plant or animal life unfit for use by man (g) loss of enjoyment of normal use of property ancf (h) interference with the normal conduct of business
IJPGL
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Storm Sewer Use Bylaw Evaluation Aprl12011 The Corporation of the City of Oshawa Page3 PGL File 2599-0101
52 Comparison to Durham Region Sewer Use Bylaw
PGL compared the City and the Regions sewer use bylaws to evaluate significant differences The Regions bylaw (Bylaw 43-2004) was last revised in June-2009 Changes to the Regions bylaw are being considered and we also discuss differences with the draft concepts The revised changes will have no effect on stormwater discharge criteria
Table 1 (appended) shows a comparison of the City and Region bylaws with respect to storm sewer discharge values There are numerous cases where there are no City values and Regional values exist There is no consistency with respect to the quantitative limits (ie there are instances where the City is more stringent and cases were the Region is more stringent)
PGL obtained information regarding the rationale for the various limits from Simon Beacock Group Leader Region of Durham Sewer Use Bylaw Office The information indicates that most values are taken from the City of Toronto bylaw or are four times the City of Toronto or Regions detection limits for its lab Mr Beacock indicated that the values used have been accepted by the Municipal Sewer Use Group whose members include the Region of Durham Region of York City of Toronto and other municipalities or regions
Table 1 also shows a comparison of the list of restricted items for discharge to the storm sewer (qualitative items) The Regions list is more extensive than the Citys but the Citys items are all found within the Regions list For ease of implementation PGL recommends the Citys list mirror the Regions asit is mor~ complete
There are also severaJ sections of the Regions bylaw that differ from the Citys There are definitions that vary from the Regions however many of these are due to the fact that the Citys bylaw does not include sanitary sewer discharges The Region also includes sections on foundation drain connections oil grease and sand interceptors a prohibition of dilution agreements compliance programs Pollution Prevention Plans applications for waste discharge and surveys and several general categories Some of these sections could be incorporated in the Citys updated bylaw as appropriate as discussed in Section 63
PGL discussed the implementation of and changes to Durham Regions Sewer Use Bylaw with Simon Beacock He indicated that although the bylaw includes the option to require a pollution prevention plan or connection permits with a waste survey these are not being implemented The need for connection permits will likely be removed in the future bylaw The Region finds that enforcement of these sections is often not practical and it is focussed on education rather than enforcement The Region has developed pollution prevention plans for numerous industries that are known to commonly discharge wastes above the limits
The Region of Durham had no comments on our draft report --- middotmiddotmiddot
63 Bylaw Templates
There are three model sewer use bylaws in Ontario
1 Model Sewer Use Bylaw Ontario Ministry of Environment August 1988 was reprinted in middot October 1989
2 Model Sewer Use Bylaw DRAFT only Ontario Ministry of Environment 1998 and
PGL
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Pag4PGL File 2599-0101
3 Model Sewer Use Bylaw Guidance Document Marbek Resource Consultants Ltd submitted to Canadian Council of Ministers of Environment February 2009
In an effort to promote the development of sewer use bylaws the Ontario Ministry of Environment (MOE) published a template bylaw in 1988 This template is the model used by the City of Oshawa for the development of its current bylaw Many of the quantitative water quality values used in the model bylaw are derived from the Provincial Water Quality Objectives (PWQO) and include a dilution factor of 15 to 5 times The standards include a note that the values and prohibitions are intended as trigger levels for further action Where a discharge exceeds a limit the municipality is to request the industry prepare andmiddot implement a Best Management Plan to address the stollT1water discharge The limits and prohibitions are also intended to apply to two cases only for runoff from an industrial process area and where material has been purposely added to the storm sewer as a method of disposal
The MOEs draft 1998 model sewer use bylaw was posted for comment but never finalized In middot this version the various prohibitions remain but the numerical limits are replaced with a statement that the discharge should notimpair the quality of the water in any well lake river pond spring stream reservoir or other water or watercoursemiddot The sections on sampling and analysis spills and offences and penalties also were reworded and a section added regarding discharger selfshymonitoring
The 2009 sewer use bylaw model applies only to sanitary and combined sewer works and does notapply to the Citysmiddot context The model bylaw does however have up-to-date definitions and clauses that may be of use for some of the Citys needs middot
In summary there is little useful guidance available from the provincial government on a bylaw middotmiddot template Recent bylaws from other jurisdictions are likely more useful Information regarding the
purpose of the limits and the dilution factor used in the derivation of the limits are used in the discussion below
54 Central Lake Ontario Conservation Authority
The CLOCAs mandate is to promote the conservation restoration development and management of natural resources in partnershipmiddot with local municipalities and the province Although the Citys bylaw will take priority over CLOCAs guidelines PGL reviewed CLOCAs information and talked to CLOCA about its objectives
middot CLOCAs stormwater requirements are found in Technical Guidelines for Stormwater Management Submissions CLOCA June 2007 revised March 2010 This document contains guidance regarding stormwater system design and CLOCA requirements Regarding water quality CLOCA uses guidance from the Ontario MOEs Stormwater Management Planning and Design Manual 2003 In this document there is a requirement that 70 to 80 of suspended solids be removed from a propertys stormwater discharge CLOCA provides other guidance
middot regarding infiltration erosion control and oil and grit separators Best management practicesmiddot discussed include reduced lot grading roof leaders discharging to areas of infiltration infiltration trenches grassed swales and pervious pipe and catch basin systems
CLOCA had two comments on the draft version of this report It shares the official policy of the Ontario Ministry of E11vironment and Fisheries and Oceans Canada with respect to applying dilution factors (ie it had concerns regarding the use of a dilution factor) CLOCA supports the implementation of options for action on non-compliance situations (ie pollution prevention plans or requirements for physical works)
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55 Effects Based Guidelines
PGL compared the sewer use bylaw standards to commonly accepted effects-based guidelines (ie values that indicate possible adverse effects to aquatic life) Documents reviewed include
bull Water Management Policies Guidelines and Provincial Water Quality Objectives (commonly called PWQO) Ontario Ministry of Environment and Energy July 1994 reprinted 1999
middot bull Canadian Environmental Quality Guidelines Canadian Council of Ministers of the Environment (CCME) 1999 and last updated 2007
bull Great Lakes Water Quality Agreement of 1978 (GLWaA) last amended 1987 and bull Rationale for the Development of Soil and Ground Water Standards for Use at Contaminated
Sites in Ontario MOE December 22 2009 From this document the Aquatic Protection Values (APVs) were used for comparison
From these 1guidelines the PWQO is the most commonly used document in Ontario The other documents were used as reference or to support discussions and recommendations below
The CCME PWQO GLWQA and APV values indicate habitats that are acceptable for aquatic life These are considered chronic effect limits Some mixing and dilution will take place in the pipe before discharge to surface water and further mixing and dilution will take place in a receiving water body Reliance on a dilution factor to achieve standards in the receiving water body (ie to accommodate for mixing) is officially discouraged by both the MOE and Fisheries and Oceans Canada Discussions with the Region and MOE however indicate that they understand mixing is available for rainfall discharges (ie the use of dilution in the stream can be used) As a result of this practice we have also incorporated a dilution factor into our discussion below
Table 1 (attached) shows our comparison to the various effect-based standards Based on the common use of the PWQO we used this as a preliminary evaluation of limits Table A below shows discharge limits from the City or Region that exceed PWQO values
As a secondary screen of effect-based values PGL
1 Assumed a dilution factor of 5 times The MOE template bylaw allowed for a dilution factor of 15 to 5 times based on the compound and 5 seems reasonable given the allowance for dilution in the stream
2 Compared discharge limits to 5 times PWQO
3 Compared discharge limits to 5 times GCME values as these are more up to date than PWQOs
4 Compared discharge limits to 5 times APVs as these are the most up to date and are the values currently accepted by the MOE and
5 Highlighted compounds that exceeded any of the three comparisons above (bold and underlined in Table A)
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page6 PGL File 2599-0101
Table A Bylaw Values Exceeding PWQO
cadmium (ug1) 1
chromium (ug1) 200
copper (ug1) 10
lead (ug1) 50
mercury (total- ug1) 1
nickel (total - ug1) 50
silver (ug1) NS
zinc (ug1) 50
cyanide (ug1) NS
e-coli (colonies100 ml) 200
PCBs (ug1) NS
phenolics (ug1) NS
phosphorus (total ~ ug1) NS
1 2-dichlorobenzene (ug1) NS
14-dichlorobenzene (ug1) NS
toluene (ug1) NS
sect 02 0017
80 89 89
50 1-5 2-4
120 5-25 1-7
04 02 003
80 25 25-150
120 01 01
40 30 30
20 5 5
200 100 NS
04 0001 NS
sect 1 4
400 30 NS
56 25 07
68 4 26
2 08 20
021
64
69
2
077
39 -
012
89
52
NS
0014
961
NS
763
763
1400
1
80
50
10
04
80
NS
40
20
200
NS
NS
400
56
68
2
Notes NS =no standard ug1 =microgramgt per litre
Each of the compounds remaining was then evaluated on a case-by-case basis
bull Cadmium is soluble and toxic and there was no reason to deviate from the effect-based standards
bull The APV value for chromium is based on a 2008 US Environmental Protection Agency value and assumes a water hardness of 70mgl This hardness value represents relatively soft water and although high for rainfall is acceptable Since this is based on the most recent work it can be used and the Regio11s value is acceptable
bull The copper value may be toxicologically justified but is likely impractical to comply with Copper use is widespread and the use of the Regions value may be reasonable as a value that can be enforced Assuming a 10 times dilution factor in the pipe and stream would lead to a justifiable value of 50ugll as a discharge limit middot
bull Lead is not soluble under normal conditions but will solubilize with a reduced pH Given that lead in sediment is toxic to benthic invertebrates and in the food chain and given the common use of lead we recommend an effects-based standard The toxicity value is well justified
bull Silver discharges have typically been restricted due to its use in the photographic industry (ie film developing) Silver is highly insoluble and therefore would be expected in the sediment of discharges rather than the liquid The use of the Regions value may be
middot acceptable in cases with significant sediment Based on the difficulty of explaining the
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page7 PGL File 2599-0101
nuances of this difference between dissolved and total silver and the current lack of use of silver it is recommended to leave this value from the Citys list of parameters
bull CCME indicates that PCBs should not be treated as water quality parameter as the PCBs would be found primarily in sediment In addition the use of PCBs is very limited due to its restriction in the 1980s and there is no reason to believe this is a significant source of contamination to the Citys sewers Based on these two factors PGL recommends that PCB be left off of the Citys list of compounds -
bull The phenolics value exceeds 5 times the PWQO but is well below the APV value for phenol Phenolics is a broad analysis of various compounds and does notmiddot indicate a specific compound Based on the lack of specificity in the analysis PGL does not recommend the use of this value in the Citys list of compounds middot
bull The phosphorus level found in the PWQO was set to avoid nuisance algae blooms and to limit excessive plant growth in water bodies Phosphorus is not considered toxic in itself The Regions limit assumes a dilution factor of 13 times and this is likely acceptable given that stormwatermiddot emissions occur over short periods and the PWQO limit of 30ugJ is for a longshyterm average
In summary PGL believes that standards more stringent than the Regions should be used for cadmium and lead based on effects-based values The effects based value for copper is toxicologically justified but likely routinely exceeded because of the widespread use of copper and its solubility In this case the use of the Regions standards is likely appropriate for ease of implementation Silver and PCBs are not being used widely and would be found in sediment primarily We recommend that no standards be put in place for these Phenolics are a case where the testing does not represent toxicity and therefore should not be used Phosphorus is another case that is not related directly to toxicity however does reflect a water bodys health The Regions value is appropriate in this case
It is understood that many of the Regions limits were set based on 4 times the method detection limit for the City -of Toronto or Regions lab The limits were set some timemiddot in the past and current commercial labs can readily meet the PWQO values PGL believes that the 4 times method detection limit rationale is not technically justifiable at this time middot
Although there are toxicity concerns with cadmium and lead the City may still elect to use the Regions values for ease of implementation These values are widely used by other municipalities as seen on Table 1 and the MOE has no i(nmediate concerns with the values (conversation with Ted Belayneh Group Leader Surface Water) It should be noted however that the values will likely be reduced in the future as the trend in environmental protection is generally to lower standards particularly for these parameters
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
PGL contacted various municipalities i~ the Durham Region (Pickering Ajax Whitby and Clarington) to discuss their sewer use bylaws Of these municipalities only Ajax has a valid sewer use bylaw Their current bylaw is from 1972 and is considered significantly out of date Pickering has a one-page bylaw from the 1960s that is not being used Of the four municipalities consulted only Ajax is in the process of updating its current bylaw middot
The Town of Ajaxs draft sewer use bylaw limits are shown in Table 1 along with the Regions values As can be seen the values generally mirror the current Regions alues There are also numerous compounds included in the Town of Ajaxs list of values that are not part of the Citys or
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa PageS PGL File 2599-0101
Regions bylaws Discussions indicate that these were added to reflect industrial processes present in the Town of Ajaxs local jurisdiction It is PGLs recommendation not to adopt this expanded list of contaminants to facilitate implementation The expanded list would be largely captured in the bylaw with the list of prohibited materials
The draft Town of Ajax bylaw is the only other bylaw reviewed that was for stormwater only The text includes various items not found in the City of Oshawas bylaw These items are noted below and were considered in our evaluation of recommended changes
bull Options for action on non-compliance other than a Notice of Violation Options include imposing requirements for a study on stormwater quality or quantity modification or the construction of stormwater facilities implementing pollution prevention techniques and others Owners have 1 0 days to initiate compliance with these requirements
bull The ability to provide a limited time compliance program The compliance program may include discharges exceeding limits and is intended as a bridge toward full compliance (Le installation of a treatment facility or other modifications)
bull An option to require industrial occupants who exceed limits fail to comply with a compliance program or hav~ had spills to conduct a study of effects or to develop a pollution prevention plan
bull Requirements to install and maintain oil grease and sand interceptors for any owners who may discharge oil or sediment respectively
bull Requirements for construction activities and outdoor storage bull Sections on confidentiality and enforcement
57 Other Municipal and Regional Bylaws
PGL reviewed a number of cgtther sewer use bylaws In the selection of bylaws to review PGL focussed on recent bylaws or regions that are considered leaders in the management of water The values restricting discharges to the storm sewer are noted on Table 1 as well as the various prohibitions All of these bylaws include both stormwater and sanitary discharges The information noted below was used in our evaluation of recommended changes to the City of Oshawas bylaw
The bylaws reviewed consisted of sewer use bylaws from
bull Regional Municipality of York 2010 Draft bull City ofKingston 2008 bull City of Ottawa 2003 bull City of Toronto 2009 bull Regional Municipality of Waterloo 1992 bull City of London 2010 and bull Regional Municipality of Niagara 2008
With regards to the limits imposed on stormwater discharges the other cities and regions are relatively similar and consistent with the Region of Durham The middotCity of Waterloo is somewhat of an outlier and often has standards for stormwater discharges that are more stringent than other
- areas The Citys values are higher or lower than other areas with little consistency The Region of Durham Region of York and City of Toronto have values that are very similar with the only differences being that the Region has a higher limit than the City of Toronto for manganese The
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page9 PGL File 2599-0101
City of Toronto also has numerous organic compounds that are not included the Regions list of compounds
With regards to the text of the bylaw there are numerous differences between the various cities and regions The great majority of the bylaws have sections relating to definitions discharge requirements a prohibition of dilution agreements for discharges sampling and analytical requirements amiddot compliance program maintenance access points and requirements for interceptors The prohibition of dilution restricts people from diluting a waste to meet the bylaw requirements The compliance programs allow an industry to discharge waste out of compliance while it is taking steps to meet compliance middot
One area where various regions differ significantly is on the requirements made of industries The City of Toronto for example required Pollution Prevention Plans from almost all industries with an initial deadline of 2002 Other regions (ie York and Durham) have the ability to request Pollution Prevention Plans Waterloo and Kingston require waste survey reports while York Durham and Ottawa have the option to request them The only region or city with an option tQ prepare a Best Management Plan is Waterloo
Another area where there are significant differences is in the actions allowed if there are discharges over the limits prescribed In almost all cases a compliance plan is permitted to close the gap to compliance In Waterloos case the implementation of a Best Management Plan will allow for discharges Qutside of the prescribed limits In Yorks case a Pollution Prevention Plan may be required Kingston has no option other than compliance
Several but not all of the bylaws reviewed include language regarding the responsibilities for samplirig and monitoring York Niagara Toronto and Ottawa all indicate that sampling required
by the city or region is to be paid for by the owner
58 Best Management Practices
There are numerous best management practices (BMPs) that can be implemented to control the flow and quality of stormwater discharges Adopting a workable and up-to-date sewer use bylaw middotis one of the things that can be done to improve the environment and in this report PGL has several recommendations for how this can be done Other best management options include
bull Enforcement of sewer use bylaw bull Education of industries and the public This can be done through information sessions
developing materials for education or by labelling high risk catch pasins that discharge to surface water and fish habitat middot
bull Incorporating environmentally sound practices in the design and approval of stormwater management plans prepared by existing industries andor new developments These Low Impact Development features could include middot gt Volume Reduction - reduce and mitigate the total runoff volume caused by increased
urban development and subsequent increasing impervious areas and maximize the amount of runoff returned to shallow groundwater via recharge BMPs for volume reduction and maximizing recharge include ground infiltration systems (ie permeable pipes and catch basins rock drains) pervious pavement designs restrictor plates biofiltration swales and long-term storage in constructed wetlands or ponds
gt Water Quality Improvements - mitigate water quality impacts to fish habitat by collecting and treating fir8t flush events ofmiddot smaller storms and more frequent runoff events from impervious areas BMPs for water quality include biofiltration swales and constructed wetlands Oil and grit separators are also a way to improve water quality as many of the
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Storm Sewer Use Bylaw Evaluation Apr112011 The Corporation of the City of Oshawa Page 10 PGL File 2599-0101
contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
PGL
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page 11 PGL File 2599-0101
Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
IPGL
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page12 PGL File 2599-0101
In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
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added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
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639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
Report to the Development Item DS-12-278 Services Committee (Continued) -2- Meeting Date September 10 2012
20 RECOMMENDATION
That the Developrnent Services Committee recommend to City Council
That pursuant to Report DS-12-278 dated September 26 2012 the Development Services Department be authorized to
(a) Prepare a proposed new Storm Sewer Use By-law using the April 2011 PGL Study and the preliminary working draft by-law forming part of said Report
(b) Schedule and advertise a public meeting with the Development Services Committee to receive public comment on the proposed new by-law
(c) Consult the Oshawa Environmental Advisory Committee in respect of the proposed new by-law and
(d) Report back to Council through the Development Services Committee including a review of comments received and recommending a new Storm Sewer Use By-law
30 EXECUTIVE SUMMARY
The City adopted its current Storm Sewer Use By-law (95-95) in 1995
The By-law has not been comprehensively updated since its passing
Staff with the assistance of PGL (a respected gee-environmental consulting firm) have completed a review of the current Oshawa By-law by-laws being used by other municipalities relevant legislation and guidelines industry best practices and have determined that a new Storm Sewer Use By-la~ is required
This Report recommends that a proposed new Storm Sewer Use By-law be drafted for consultation with the publicmiddot and the Oshawa Environmental Advisory Committee and that staff then report back to Council through the Development Services Committee
Staff from the Central Lake Conservation Authority (CLOCA) and the Region support the Citys initiative to update its current Storm Sewer Use By-law
40 INPUT FROM OTHER SOURCES
41 General
)- The following have been consulted in the preparation of this report
bull Corporate Services bull Works amp Transportation Services bull Legal Services bull Finance Services bull BILT (Building Industry Liaison Team) bull CLOCA
5o
Report to the Development Item DS-12-278 Services Committee (Continued) -3- Meeting Date September 10 2012
bull Durham Region bull Various Regional and Local municipalities throughout Ontario
42 Auditor General
)- The Auditor General does not comment on reports of this nature
50 ANALYSIS
51 Existing By-law 95-95
)- In 1966 the City adopted its first Storm Sewer Use By-law to regulate the discharge of water and waste into the municipal storm sewer system
)- In 1995 the By-law was revised in its entirety
)- By-law 95-95 now regulates the discharge of water and waste into the Citys storm sewer system
)- By-law 95-95 had a minor amendment in 2010 (to indicate that the Durham Consolidated Courthouse was required to comply with the criteria in the Regions storm sewer by-law) but for all intents and purposes has not been comprehensively reviewed or updated since its passing
52 Need for Review
)- Staff initiated a review of Storm Sewer Use By-law 95-95 because
bull It is 18 years old bull There have been significant changes in best practices and the science and
standards for environmental protection in Ontario since 1995 bull In 2009 MOE published a new model storm sewer use by-law bull The Regions middotSewer Use By-law and the Citys corresponding By-law do not match
even though some of the Citys storm sewers may discharge to the Regions system or vice versa and middot
bull There is an ongoing need to protect our natural environment
53 Review
)- Given the specialized nature of environment science and the importance of this issue PGL (a respected environmental consulting firm with a local office) was retained to assist staff in reviewing Storm Sewer Use By-law 95-95 comparing it to by-laws used by other municipalities and assessing legislation guidelines relevant science and best practices
)- PGL has completed its study and it appears as Attachment No 1
5
Report to the Development Item DS-12-278 Services Committee (Continued) -4- Meeting Date September 10 2012
54 Proposed New Storm Sewer Use By-Law
gt As a result of the PGL study it is recommended that a new Storm Sewer Use By-law be prepared consistent with PGLs recommendations for consultation with the public and the Oshawa Environmental Advisory Committee middot
gt A copy of a preliminary working draft of a proposed new Storm Sewer Use By-law appears as Attachment No 3
middotgt The preliminary working draft by-law is based on PGLs work and was prepared by Engineering and Legal Services staff within input from Works and Transportation Services the Region and CLOCA
gt The following summarizes the key sections of the working draft By-law (see Attachment No 3)
bull Clause 1 Short Title
(i) This clause advised that the short title of the by-law is the Storm Sewer Use Byshylaw
bull Clause 2 Interpretation
(i) This clause includes a complete set of the necessary definitions consistent with current industry standards
bull Clause 3 Storm Sewer Requirements
(i) This clause
bull Identifies and defines the material or quantity of material prohibited from being discharged into the Citys storm sewer system
bull Prohibited substances and values are the same as the Regions with the exception of lead and cadmium parameters For those two compounds the Citys values are higher than the Regions
bull Prohibits using dilution to achieve compliance with the By-law
bull Clause 4 Oil Grease and Sediment Interceptors
(i) This clause deals with the control of oil grease and sediment
bull middot Clause 5 Compliance Program
(i) The current City By-law is very rigid and has middotno flexibility to deal with exceedences of the prescribed storm sewer discharge values or the discharge
5L
Report to the Development Item DS-12-278 Services Committee (Continued) -5- Meeting Date September 10 2012
of prohibited substances The proposed new by-law includes some new flexibility and allows a Discharger at the Citys sole discretion to prepare a compliance solution in a specific time frame without being charged
bull Clause 6 Sampling and Analysis
(i) This clause requires sampling and analysis by a property owner at its cost to determine any non-compliance
bull Clause 7 Spills
(i) The Spills Section is based on the Provincial model template and addresses the timing for reporting a spill the need for a detailed report on the spill and the clean-up of any spill and gives the City the authority to charge the property owner for any expenses incurred by the City associated with the spill
bull Clause 8 Pollution Prevention Plans
(i) This clause allows the City to require pollution prevention plans to deal with nonshycompliance andor repeat offences by a Discharger
bull Clause 9 Monitoring Maintenance Holes
(i) This clause requires a Maintenance Access for any site with one or more storm sewer or foundation drain connections to the Citys system
bull Clause 10 Confidential Information
(i) This clause includes the necessary statements regarding the confidentiality of information submitted to the City
bull Clause 11 Enforcement and Offences
(i) This clause sets out the enforcement framework for the by-law
bull Clause 12 Conflict
(i) This clause includes statements to deal with situations where there are conflicts between this By-law and other City By-laws
bull Clause 13 Severability
(i) This clause includes statements to protect the City in the event a part of the byshylaw is found to be illegal or inoperative
middot Report to the Development Item DS-12-278 Services Committee (Continued) -6- Meeting Date September 10 2012
bull Clause 14 Effective Date Repeal
(i) This clause repeals current By-law 95-95 and replaces it with the new By-law
bull Clause 15 Applicability of Regional By-law
(i) This clause clarifies that the Durham Consolidated Courthouse will continue to be required to comply with the Regional By-law
60 FINANCIAL IMPLICATIONS
)gt There are no significant financial implications associated with the Recommendation
)gt The cost of the public meeting and related notices can be accommodated within the Development Services Departments 2012 budget middot
)gt The total cost of the PGL Study was $10000 plus taxes financed through the 2010 Engineering Services operating budget
70 RESPONSE TO THE COMMUNITY STRATEGIC PLAN
gt Th Recommendation advances Goal B (A Green and Sustainable Community) of the ty Community Strategic Plan
~c-u bull ng~ P Eng Director ngineering Services
h~ns~ RPP ~ommissioner Development Services Department
GCc Attachments
6 lJ
~No hs_1z- 27 Attachment~ 1
Sewer Use Bylaw 95-95 Corporation of the City of Oshawa
Prepared for The Corporation of the City of Oshawa 50 Centre Street South OshawaON L1H 3Z7
Prepared by Pottinger Gaherty Environmental Consultants Ltd 83 Centre Street South OshawaON L1H4A1
PGL File 2599-0101
April2011
PGL
Executive Summary
Pottinger Gaherty Environmental Consultants Ltd (PGL) conducted an evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This bylaw is in place primarily to ensure themiddot efficient operation of the stormwater system and for the_ protection of themiddot natural environment This bylaw was last updated in 1995 and recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
The objectives of the evaluation were to
bull update the bylaw to the most recent practices and science bull ensure prot~ction of the naturaVaquatic environment bull harmonize the Citys bylaw with the Regions bylaw to the extent possible and bull consider best management practices that may be implemented by the City to improve
stormwater quality
To conduct the evaluation PGL reviewed middotthe current bylaw and numerous other bylaws from leadingmiddot municipalities and regions including the Region of Durham PGL also reviewed Ontario Ministry of Environment and federal guidance and discussed stormwater discharge issues with the Region of Durham and Central Lake Ontario Conservation Authority To evaluate stormwater quality criteria PGL assessed provincial and federal water quality guidelines and Region of Durham criteria Where Region of Durham criteria exceeded effect-based guidelines we evaluated each compound individually
The detailed evaluation is included in the attached report We recommend criteria for water quality restricted items various clauses and section changes and reviewed best management practices
PGL recommends the criteria for water quality noted in the table below In this table only two parameters vary from the Regions bylaw limits cadmium and lead For these parameters PGL recommends five times the provincial effect-based limit which assumes some dilution is available in the sewer pipe and stream We also recommend that Region of Durhams list of restricted middotand prohibited items be adopted Use of the proposed values and prohibitions will greatly simplify coordination of the bylaw
Recommended Values for Sewer Discharge Limits
temperature (max C) 40
pH max 9
pH min 6
15000 suspended solids (ug1)
arsenic (total- ug1) 20 cadmium (ug1) 1
chromium (ug1 80
copper (ug1) 50
lead (ug1) 10
manganese (total - ug1) 150
mercury (total - ug1) 04
nickel (total - ug1) 80
selenium (total - ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ugn) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml) 200
phosphorus (total P ug1) 400
total kjeldahl nitrogen (ug1) 1000
1122-tetrachloroethylene (ug1) 17
12-dichlorobenzene (ug1) 56
1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88
chloroform (ug1) 2
cis-12-dichloroethylene (ug1) 56
di-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene (ug1) 44
toluene (ug1) 2
trans-13-dichloropropylene (ug1) 56
trichloroethylene (ug1) 8
xylenes (total- ug1)) 44
Notes C =degrees Celsius ugn = micrograms per litre
The current City bylaw contains no options related to exceedences of bylaw limits or prohibited discharges The only option when this occurs now is for a Notice of Violation PGL recommends more options be available to address situations where dischargers cannot technically or costshyeffectively meet discharge limits We propose that the options include a Compliance Program to allowmiddot gradual compliance Where compliance is not feasiole a Pollution Prevention Plan
J PGL
approach should be allowed Pollution prevention plans seek to reduce non-compliant discharges that cannot be rectified completely
We also recommended that several sections be added or amended in the updated bylaw The sections are noted below These recommendations were made to improve the implementation of the bylaw
bull Updated Definitions
bull Prohibition of Dilution
bull Confidentiality bull Manholes
bull Interceptors
bull Sampling and Analysis
bull Authority to Investigate
middotFinally PGL recommends that the City implement best management practices to improve the quality and reduce the quantity of storm sewer discharges Many of these practices are likely already in place during the approvals process Pollution Prevention Plans are also considered a best management practice Actions that can be taken by the City of Oshawa include enforcement of the bylaw a maintenance program for the storm sewer system and education
PPGL
Table of Contents
10 Introduction bullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbullbullbullbullbullbullbullbull ~bullbullbullbullbullbullbullbullbullbullbullbullbull1
20 background bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
30 Objectivebullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
40 Work Program bullbullbullbullbullbullbullbullbullbullbullbullbullbullbull~bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
50 middot Findings 2
51 Regulatory Context middot 2
52 Comparison to Durham Region Sewer Use Bylaw 3
53 Bylaw Templates 3
54 Central Lake Ontario Conservation Authority 4
55 Effects Based Guidelines 5
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
57 Other Municipal and Regional Bylaws 8
58 Best Management Practices 9
60 Discussion 1 0
61 Values to Limit Discharges 10
62 Actions Taken When Non-compliance Occurs 12
63 Recommended Clauses or Sections for a Future Bylaw 12
631 Defh1itions 12
632 Prohibition of Dilution12
633 Confidentiality 13
634 Manholes 13
635 lnterceptors13
636 Sampling and Analysis 13
637 Authority to Investigate 13
638 Construction Controls 13
639 Foundation Drains 14
64 Best Management Practices 14
70 Standard Limitations bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbull 14
TABLES
In Text Table A Bylaw Values Exceeding PWQO 6 Table B Recommended Values for Sewer Discharge Limits 11
Appended Table 1 Comparison of Stormwater Discharge Limits
APV BMP CCME City CLOCA GLWQA
MOE PGL
PWQO
Region
List of Acronyms
Aquatic Protection Values
best mangement practice
Canadian Council of Ministers of the Environment
Corporation of the City of Oshawa
Central Lake Ontario Conservation Authority
Great Lakes Water Quality Agreement
Ontario Ministry of Environment
Pottinger Gaherty Environmental Consultants Ltd
Provincial Water Quality Objective
Region of Durham
PGL
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10 INTRODUCTION c
c
Pottinger Gaherty middotEnvironmental Consultants Ltd (PGL) is pleased to provide our evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This report has been prepared to document our work findings and recommendations
20 BACKGROUND
The City has a sewer use bylaw regulating discharges to the municipal storm sewers This bylaw is in place primarily to ensure the efficient operation of the system and for the protection of the natural environment This bylaw was last updated in 1995 Recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
30 OBJECTIVE
The evaluation was conduded
bull to update the bylaw to the most recent pradices and science bull to ensure protedion of the naturalaquatic environment and bull to harmonize the Citys bylaw with the Regions bylaw to the extent possible
PGL was also asked to consider best management pradices that may be implemented by the City to improve stormwater quality
40 WORK PROGRAM
middotTo meet the objedives noted above PGL designed a work program to evaluate the Citys bylaw against the various other bylaws and effeds-based standards and guidelines Specifically PGL
1 Met with the City to clarify needs and current practices
2 Met with the Region of Durham to identify the rationale behind some of its bylaw components middot
3 Met with the Central Lake Ontario Conservation Authority (CLOCA) to discuss its perspedive on stormwater and environmental prot~ction
4 Contacted the various municipalities in Durham Regionmiddot to determine if they have a sewer use bylaw or if they are currently working to revise their bylaws
5 Reviewed similar bylaws from the Region of Durham Durham Region municipalities and other Ontario municipalities that are considered leaders middotin environmental protection (ie Regional MunicipalitY of Niagara City of London Regional Municipality of Waterloo City of Toronto City of Ottawa City of Kingston and Regional Municipality of York)
6 Compared numerical and qualitative standards from the Region of Durhilm and various regions and municipalities with the City standards
7 Compared effed-based standards (ie Provincial Water Quality Objectives Canadian Water Quality Guidelines for the Protedion of Aquatic Life Great Lakes Water Quality Agreement Aquatic Protedion Values) with the City and Region standards
8 Evaluated best management practices and their applicability to the City of Oshawas situation
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9 Proposed modifications to the current bylaw that update standards and various management components
10 Met with the City Region and CLOCA to discuss our findings and recommendations and
11 Prepared a draft report of our findings and incorporated comments from the City Region and CLOCA and
12 Prepared this final report of our findings
50 FINDINGS
The findings are discussed in categories related to our work completed Each set of findings are evaluated and discussed Many of the sewer use bylaws apply to both sanitary and storm sewers As Oshawas bylaw relates to storm sewers only PGL only evaluated the storm sewer components of each bylaw The findings discussed here are then used in our discussion section to make recommendations for modifications to the Citys bylaw
51 Regulatory Context
To understand the various limits and values relating to environmental effects PGL has summarized some of the applicable legislation Information from this section is used later in the report when we evaluate proposed bylaw limits The provincial statues apply to surface water in the City as do federal requirements because of the fact that surface water is considered fish habitat
The federal Fisheries Act prohibits the deposit of a deleterious substance of any type in water frequented by fish or in any place under any Conditions where the deleterious substance or any
middotother deleterious substance that results from the deposit of the deleterious substance may enter any such water (subsection 36(3)) Any substance with a potentially harmful chemical physical or biological effect on fish or fish habitat is considered to be deleterious
Section 30(1) of the Ontario Water Resources Act states that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters is guilty of an offence
The Ontario Environmental Protection Act provides the legislative authority to limit the discharge of contaminants to the natural environment Section 14(1) of the Ontario Environmental Protection Act (RSO 1990) states that a person shall not discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment if the discharge causes or may cause an adverse effect Section 1 (1) of the same act defines adverse effect as one or more of (a) impairment of the quality of the natural environment for any use that can be made of it (b) injury or damage to property or to plant or animal life (c) harm or material discomfort to any person (d) an adverse effect on the health of any person (e) impairment of the safety of any person (f) rendering any property or plant or animal life unfit for use by man (g) loss of enjoyment of normal use of property ancf (h) interference with the normal conduct of business
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52 Comparison to Durham Region Sewer Use Bylaw
PGL compared the City and the Regions sewer use bylaws to evaluate significant differences The Regions bylaw (Bylaw 43-2004) was last revised in June-2009 Changes to the Regions bylaw are being considered and we also discuss differences with the draft concepts The revised changes will have no effect on stormwater discharge criteria
Table 1 (appended) shows a comparison of the City and Region bylaws with respect to storm sewer discharge values There are numerous cases where there are no City values and Regional values exist There is no consistency with respect to the quantitative limits (ie there are instances where the City is more stringent and cases were the Region is more stringent)
PGL obtained information regarding the rationale for the various limits from Simon Beacock Group Leader Region of Durham Sewer Use Bylaw Office The information indicates that most values are taken from the City of Toronto bylaw or are four times the City of Toronto or Regions detection limits for its lab Mr Beacock indicated that the values used have been accepted by the Municipal Sewer Use Group whose members include the Region of Durham Region of York City of Toronto and other municipalities or regions
Table 1 also shows a comparison of the list of restricted items for discharge to the storm sewer (qualitative items) The Regions list is more extensive than the Citys but the Citys items are all found within the Regions list For ease of implementation PGL recommends the Citys list mirror the Regions asit is mor~ complete
There are also severaJ sections of the Regions bylaw that differ from the Citys There are definitions that vary from the Regions however many of these are due to the fact that the Citys bylaw does not include sanitary sewer discharges The Region also includes sections on foundation drain connections oil grease and sand interceptors a prohibition of dilution agreements compliance programs Pollution Prevention Plans applications for waste discharge and surveys and several general categories Some of these sections could be incorporated in the Citys updated bylaw as appropriate as discussed in Section 63
PGL discussed the implementation of and changes to Durham Regions Sewer Use Bylaw with Simon Beacock He indicated that although the bylaw includes the option to require a pollution prevention plan or connection permits with a waste survey these are not being implemented The need for connection permits will likely be removed in the future bylaw The Region finds that enforcement of these sections is often not practical and it is focussed on education rather than enforcement The Region has developed pollution prevention plans for numerous industries that are known to commonly discharge wastes above the limits
The Region of Durham had no comments on our draft report --- middotmiddotmiddot
63 Bylaw Templates
There are three model sewer use bylaws in Ontario
1 Model Sewer Use Bylaw Ontario Ministry of Environment August 1988 was reprinted in middot October 1989
2 Model Sewer Use Bylaw DRAFT only Ontario Ministry of Environment 1998 and
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3 Model Sewer Use Bylaw Guidance Document Marbek Resource Consultants Ltd submitted to Canadian Council of Ministers of Environment February 2009
In an effort to promote the development of sewer use bylaws the Ontario Ministry of Environment (MOE) published a template bylaw in 1988 This template is the model used by the City of Oshawa for the development of its current bylaw Many of the quantitative water quality values used in the model bylaw are derived from the Provincial Water Quality Objectives (PWQO) and include a dilution factor of 15 to 5 times The standards include a note that the values and prohibitions are intended as trigger levels for further action Where a discharge exceeds a limit the municipality is to request the industry prepare andmiddot implement a Best Management Plan to address the stollT1water discharge The limits and prohibitions are also intended to apply to two cases only for runoff from an industrial process area and where material has been purposely added to the storm sewer as a method of disposal
The MOEs draft 1998 model sewer use bylaw was posted for comment but never finalized In middot this version the various prohibitions remain but the numerical limits are replaced with a statement that the discharge should notimpair the quality of the water in any well lake river pond spring stream reservoir or other water or watercoursemiddot The sections on sampling and analysis spills and offences and penalties also were reworded and a section added regarding discharger selfshymonitoring
The 2009 sewer use bylaw model applies only to sanitary and combined sewer works and does notapply to the Citysmiddot context The model bylaw does however have up-to-date definitions and clauses that may be of use for some of the Citys needs middot
In summary there is little useful guidance available from the provincial government on a bylaw middotmiddot template Recent bylaws from other jurisdictions are likely more useful Information regarding the
purpose of the limits and the dilution factor used in the derivation of the limits are used in the discussion below
54 Central Lake Ontario Conservation Authority
The CLOCAs mandate is to promote the conservation restoration development and management of natural resources in partnershipmiddot with local municipalities and the province Although the Citys bylaw will take priority over CLOCAs guidelines PGL reviewed CLOCAs information and talked to CLOCA about its objectives
middot CLOCAs stormwater requirements are found in Technical Guidelines for Stormwater Management Submissions CLOCA June 2007 revised March 2010 This document contains guidance regarding stormwater system design and CLOCA requirements Regarding water quality CLOCA uses guidance from the Ontario MOEs Stormwater Management Planning and Design Manual 2003 In this document there is a requirement that 70 to 80 of suspended solids be removed from a propertys stormwater discharge CLOCA provides other guidance
middot regarding infiltration erosion control and oil and grit separators Best management practicesmiddot discussed include reduced lot grading roof leaders discharging to areas of infiltration infiltration trenches grassed swales and pervious pipe and catch basin systems
CLOCA had two comments on the draft version of this report It shares the official policy of the Ontario Ministry of E11vironment and Fisheries and Oceans Canada with respect to applying dilution factors (ie it had concerns regarding the use of a dilution factor) CLOCA supports the implementation of options for action on non-compliance situations (ie pollution prevention plans or requirements for physical works)
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55 Effects Based Guidelines
PGL compared the sewer use bylaw standards to commonly accepted effects-based guidelines (ie values that indicate possible adverse effects to aquatic life) Documents reviewed include
bull Water Management Policies Guidelines and Provincial Water Quality Objectives (commonly called PWQO) Ontario Ministry of Environment and Energy July 1994 reprinted 1999
middot bull Canadian Environmental Quality Guidelines Canadian Council of Ministers of the Environment (CCME) 1999 and last updated 2007
bull Great Lakes Water Quality Agreement of 1978 (GLWaA) last amended 1987 and bull Rationale for the Development of Soil and Ground Water Standards for Use at Contaminated
Sites in Ontario MOE December 22 2009 From this document the Aquatic Protection Values (APVs) were used for comparison
From these 1guidelines the PWQO is the most commonly used document in Ontario The other documents were used as reference or to support discussions and recommendations below
The CCME PWQO GLWQA and APV values indicate habitats that are acceptable for aquatic life These are considered chronic effect limits Some mixing and dilution will take place in the pipe before discharge to surface water and further mixing and dilution will take place in a receiving water body Reliance on a dilution factor to achieve standards in the receiving water body (ie to accommodate for mixing) is officially discouraged by both the MOE and Fisheries and Oceans Canada Discussions with the Region and MOE however indicate that they understand mixing is available for rainfall discharges (ie the use of dilution in the stream can be used) As a result of this practice we have also incorporated a dilution factor into our discussion below
Table 1 (attached) shows our comparison to the various effect-based standards Based on the common use of the PWQO we used this as a preliminary evaluation of limits Table A below shows discharge limits from the City or Region that exceed PWQO values
As a secondary screen of effect-based values PGL
1 Assumed a dilution factor of 5 times The MOE template bylaw allowed for a dilution factor of 15 to 5 times based on the compound and 5 seems reasonable given the allowance for dilution in the stream
2 Compared discharge limits to 5 times PWQO
3 Compared discharge limits to 5 times GCME values as these are more up to date than PWQOs
4 Compared discharge limits to 5 times APVs as these are the most up to date and are the values currently accepted by the MOE and
5 Highlighted compounds that exceeded any of the three comparisons above (bold and underlined in Table A)
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Table A Bylaw Values Exceeding PWQO
cadmium (ug1) 1
chromium (ug1) 200
copper (ug1) 10
lead (ug1) 50
mercury (total- ug1) 1
nickel (total - ug1) 50
silver (ug1) NS
zinc (ug1) 50
cyanide (ug1) NS
e-coli (colonies100 ml) 200
PCBs (ug1) NS
phenolics (ug1) NS
phosphorus (total ~ ug1) NS
1 2-dichlorobenzene (ug1) NS
14-dichlorobenzene (ug1) NS
toluene (ug1) NS
sect 02 0017
80 89 89
50 1-5 2-4
120 5-25 1-7
04 02 003
80 25 25-150
120 01 01
40 30 30
20 5 5
200 100 NS
04 0001 NS
sect 1 4
400 30 NS
56 25 07
68 4 26
2 08 20
021
64
69
2
077
39 -
012
89
52
NS
0014
961
NS
763
763
1400
1
80
50
10
04
80
NS
40
20
200
NS
NS
400
56
68
2
Notes NS =no standard ug1 =microgramgt per litre
Each of the compounds remaining was then evaluated on a case-by-case basis
bull Cadmium is soluble and toxic and there was no reason to deviate from the effect-based standards
bull The APV value for chromium is based on a 2008 US Environmental Protection Agency value and assumes a water hardness of 70mgl This hardness value represents relatively soft water and although high for rainfall is acceptable Since this is based on the most recent work it can be used and the Regio11s value is acceptable
bull The copper value may be toxicologically justified but is likely impractical to comply with Copper use is widespread and the use of the Regions value may be reasonable as a value that can be enforced Assuming a 10 times dilution factor in the pipe and stream would lead to a justifiable value of 50ugll as a discharge limit middot
bull Lead is not soluble under normal conditions but will solubilize with a reduced pH Given that lead in sediment is toxic to benthic invertebrates and in the food chain and given the common use of lead we recommend an effects-based standard The toxicity value is well justified
bull Silver discharges have typically been restricted due to its use in the photographic industry (ie film developing) Silver is highly insoluble and therefore would be expected in the sediment of discharges rather than the liquid The use of the Regions value may be
middot acceptable in cases with significant sediment Based on the difficulty of explaining the
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nuances of this difference between dissolved and total silver and the current lack of use of silver it is recommended to leave this value from the Citys list of parameters
bull CCME indicates that PCBs should not be treated as water quality parameter as the PCBs would be found primarily in sediment In addition the use of PCBs is very limited due to its restriction in the 1980s and there is no reason to believe this is a significant source of contamination to the Citys sewers Based on these two factors PGL recommends that PCB be left off of the Citys list of compounds -
bull The phenolics value exceeds 5 times the PWQO but is well below the APV value for phenol Phenolics is a broad analysis of various compounds and does notmiddot indicate a specific compound Based on the lack of specificity in the analysis PGL does not recommend the use of this value in the Citys list of compounds middot
bull The phosphorus level found in the PWQO was set to avoid nuisance algae blooms and to limit excessive plant growth in water bodies Phosphorus is not considered toxic in itself The Regions limit assumes a dilution factor of 13 times and this is likely acceptable given that stormwatermiddot emissions occur over short periods and the PWQO limit of 30ugJ is for a longshyterm average
In summary PGL believes that standards more stringent than the Regions should be used for cadmium and lead based on effects-based values The effects based value for copper is toxicologically justified but likely routinely exceeded because of the widespread use of copper and its solubility In this case the use of the Regions standards is likely appropriate for ease of implementation Silver and PCBs are not being used widely and would be found in sediment primarily We recommend that no standards be put in place for these Phenolics are a case where the testing does not represent toxicity and therefore should not be used Phosphorus is another case that is not related directly to toxicity however does reflect a water bodys health The Regions value is appropriate in this case
It is understood that many of the Regions limits were set based on 4 times the method detection limit for the City -of Toronto or Regions lab The limits were set some timemiddot in the past and current commercial labs can readily meet the PWQO values PGL believes that the 4 times method detection limit rationale is not technically justifiable at this time middot
Although there are toxicity concerns with cadmium and lead the City may still elect to use the Regions values for ease of implementation These values are widely used by other municipalities as seen on Table 1 and the MOE has no i(nmediate concerns with the values (conversation with Ted Belayneh Group Leader Surface Water) It should be noted however that the values will likely be reduced in the future as the trend in environmental protection is generally to lower standards particularly for these parameters
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
PGL contacted various municipalities i~ the Durham Region (Pickering Ajax Whitby and Clarington) to discuss their sewer use bylaws Of these municipalities only Ajax has a valid sewer use bylaw Their current bylaw is from 1972 and is considered significantly out of date Pickering has a one-page bylaw from the 1960s that is not being used Of the four municipalities consulted only Ajax is in the process of updating its current bylaw middot
The Town of Ajaxs draft sewer use bylaw limits are shown in Table 1 along with the Regions values As can be seen the values generally mirror the current Regions alues There are also numerous compounds included in the Town of Ajaxs list of values that are not part of the Citys or
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Regions bylaws Discussions indicate that these were added to reflect industrial processes present in the Town of Ajaxs local jurisdiction It is PGLs recommendation not to adopt this expanded list of contaminants to facilitate implementation The expanded list would be largely captured in the bylaw with the list of prohibited materials
The draft Town of Ajax bylaw is the only other bylaw reviewed that was for stormwater only The text includes various items not found in the City of Oshawas bylaw These items are noted below and were considered in our evaluation of recommended changes
bull Options for action on non-compliance other than a Notice of Violation Options include imposing requirements for a study on stormwater quality or quantity modification or the construction of stormwater facilities implementing pollution prevention techniques and others Owners have 1 0 days to initiate compliance with these requirements
bull The ability to provide a limited time compliance program The compliance program may include discharges exceeding limits and is intended as a bridge toward full compliance (Le installation of a treatment facility or other modifications)
bull An option to require industrial occupants who exceed limits fail to comply with a compliance program or hav~ had spills to conduct a study of effects or to develop a pollution prevention plan
bull Requirements to install and maintain oil grease and sand interceptors for any owners who may discharge oil or sediment respectively
bull Requirements for construction activities and outdoor storage bull Sections on confidentiality and enforcement
57 Other Municipal and Regional Bylaws
PGL reviewed a number of cgtther sewer use bylaws In the selection of bylaws to review PGL focussed on recent bylaws or regions that are considered leaders in the management of water The values restricting discharges to the storm sewer are noted on Table 1 as well as the various prohibitions All of these bylaws include both stormwater and sanitary discharges The information noted below was used in our evaluation of recommended changes to the City of Oshawas bylaw
The bylaws reviewed consisted of sewer use bylaws from
bull Regional Municipality of York 2010 Draft bull City ofKingston 2008 bull City of Ottawa 2003 bull City of Toronto 2009 bull Regional Municipality of Waterloo 1992 bull City of London 2010 and bull Regional Municipality of Niagara 2008
With regards to the limits imposed on stormwater discharges the other cities and regions are relatively similar and consistent with the Region of Durham The middotCity of Waterloo is somewhat of an outlier and often has standards for stormwater discharges that are more stringent than other
- areas The Citys values are higher or lower than other areas with little consistency The Region of Durham Region of York and City of Toronto have values that are very similar with the only differences being that the Region has a higher limit than the City of Toronto for manganese The
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City of Toronto also has numerous organic compounds that are not included the Regions list of compounds
With regards to the text of the bylaw there are numerous differences between the various cities and regions The great majority of the bylaws have sections relating to definitions discharge requirements a prohibition of dilution agreements for discharges sampling and analytical requirements amiddot compliance program maintenance access points and requirements for interceptors The prohibition of dilution restricts people from diluting a waste to meet the bylaw requirements The compliance programs allow an industry to discharge waste out of compliance while it is taking steps to meet compliance middot
One area where various regions differ significantly is on the requirements made of industries The City of Toronto for example required Pollution Prevention Plans from almost all industries with an initial deadline of 2002 Other regions (ie York and Durham) have the ability to request Pollution Prevention Plans Waterloo and Kingston require waste survey reports while York Durham and Ottawa have the option to request them The only region or city with an option tQ prepare a Best Management Plan is Waterloo
Another area where there are significant differences is in the actions allowed if there are discharges over the limits prescribed In almost all cases a compliance plan is permitted to close the gap to compliance In Waterloos case the implementation of a Best Management Plan will allow for discharges Qutside of the prescribed limits In Yorks case a Pollution Prevention Plan may be required Kingston has no option other than compliance
Several but not all of the bylaws reviewed include language regarding the responsibilities for samplirig and monitoring York Niagara Toronto and Ottawa all indicate that sampling required
by the city or region is to be paid for by the owner
58 Best Management Practices
There are numerous best management practices (BMPs) that can be implemented to control the flow and quality of stormwater discharges Adopting a workable and up-to-date sewer use bylaw middotis one of the things that can be done to improve the environment and in this report PGL has several recommendations for how this can be done Other best management options include
bull Enforcement of sewer use bylaw bull Education of industries and the public This can be done through information sessions
developing materials for education or by labelling high risk catch pasins that discharge to surface water and fish habitat middot
bull Incorporating environmentally sound practices in the design and approval of stormwater management plans prepared by existing industries andor new developments These Low Impact Development features could include middot gt Volume Reduction - reduce and mitigate the total runoff volume caused by increased
urban development and subsequent increasing impervious areas and maximize the amount of runoff returned to shallow groundwater via recharge BMPs for volume reduction and maximizing recharge include ground infiltration systems (ie permeable pipes and catch basins rock drains) pervious pavement designs restrictor plates biofiltration swales and long-term storage in constructed wetlands or ponds
gt Water Quality Improvements - mitigate water quality impacts to fish habitat by collecting and treating fir8t flush events ofmiddot smaller storms and more frequent runoff events from impervious areas BMPs for water quality include biofiltration swales and constructed wetlands Oil and grit separators are also a way to improve water quality as many of the
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contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
PGL
7o
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page 11 PGL File 2599-0101
Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
IPGL
71
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page12 PGL File 2599-0101
In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
PGL
lb
Storm Sewer Use Bylaw Evaluation Apri12011 The Corporation of the City of Oshawa Page 13 PGL File 2599-0101
added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
PGL
Storm Sewer Use Bylaw Evaluation Aprll2011 The Corporation of the City of Oshawa Page 14 PGL File 25990101
639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
Report to the Development Item DS-12-278 Services Committee (Continued) -3- Meeting Date September 10 2012
bull Durham Region bull Various Regional and Local municipalities throughout Ontario
42 Auditor General
)- The Auditor General does not comment on reports of this nature
50 ANALYSIS
51 Existing By-law 95-95
)- In 1966 the City adopted its first Storm Sewer Use By-law to regulate the discharge of water and waste into the municipal storm sewer system
)- In 1995 the By-law was revised in its entirety
)- By-law 95-95 now regulates the discharge of water and waste into the Citys storm sewer system
)- By-law 95-95 had a minor amendment in 2010 (to indicate that the Durham Consolidated Courthouse was required to comply with the criteria in the Regions storm sewer by-law) but for all intents and purposes has not been comprehensively reviewed or updated since its passing
52 Need for Review
)- Staff initiated a review of Storm Sewer Use By-law 95-95 because
bull It is 18 years old bull There have been significant changes in best practices and the science and
standards for environmental protection in Ontario since 1995 bull In 2009 MOE published a new model storm sewer use by-law bull The Regions middotSewer Use By-law and the Citys corresponding By-law do not match
even though some of the Citys storm sewers may discharge to the Regions system or vice versa and middot
bull There is an ongoing need to protect our natural environment
53 Review
)- Given the specialized nature of environment science and the importance of this issue PGL (a respected environmental consulting firm with a local office) was retained to assist staff in reviewing Storm Sewer Use By-law 95-95 comparing it to by-laws used by other municipalities and assessing legislation guidelines relevant science and best practices
)- PGL has completed its study and it appears as Attachment No 1
5
Report to the Development Item DS-12-278 Services Committee (Continued) -4- Meeting Date September 10 2012
54 Proposed New Storm Sewer Use By-Law
gt As a result of the PGL study it is recommended that a new Storm Sewer Use By-law be prepared consistent with PGLs recommendations for consultation with the public and the Oshawa Environmental Advisory Committee middot
gt A copy of a preliminary working draft of a proposed new Storm Sewer Use By-law appears as Attachment No 3
middotgt The preliminary working draft by-law is based on PGLs work and was prepared by Engineering and Legal Services staff within input from Works and Transportation Services the Region and CLOCA
gt The following summarizes the key sections of the working draft By-law (see Attachment No 3)
bull Clause 1 Short Title
(i) This clause advised that the short title of the by-law is the Storm Sewer Use Byshylaw
bull Clause 2 Interpretation
(i) This clause includes a complete set of the necessary definitions consistent with current industry standards
bull Clause 3 Storm Sewer Requirements
(i) This clause
bull Identifies and defines the material or quantity of material prohibited from being discharged into the Citys storm sewer system
bull Prohibited substances and values are the same as the Regions with the exception of lead and cadmium parameters For those two compounds the Citys values are higher than the Regions
bull Prohibits using dilution to achieve compliance with the By-law
bull Clause 4 Oil Grease and Sediment Interceptors
(i) This clause deals with the control of oil grease and sediment
bull middot Clause 5 Compliance Program
(i) The current City By-law is very rigid and has middotno flexibility to deal with exceedences of the prescribed storm sewer discharge values or the discharge
5L
Report to the Development Item DS-12-278 Services Committee (Continued) -5- Meeting Date September 10 2012
of prohibited substances The proposed new by-law includes some new flexibility and allows a Discharger at the Citys sole discretion to prepare a compliance solution in a specific time frame without being charged
bull Clause 6 Sampling and Analysis
(i) This clause requires sampling and analysis by a property owner at its cost to determine any non-compliance
bull Clause 7 Spills
(i) The Spills Section is based on the Provincial model template and addresses the timing for reporting a spill the need for a detailed report on the spill and the clean-up of any spill and gives the City the authority to charge the property owner for any expenses incurred by the City associated with the spill
bull Clause 8 Pollution Prevention Plans
(i) This clause allows the City to require pollution prevention plans to deal with nonshycompliance andor repeat offences by a Discharger
bull Clause 9 Monitoring Maintenance Holes
(i) This clause requires a Maintenance Access for any site with one or more storm sewer or foundation drain connections to the Citys system
bull Clause 10 Confidential Information
(i) This clause includes the necessary statements regarding the confidentiality of information submitted to the City
bull Clause 11 Enforcement and Offences
(i) This clause sets out the enforcement framework for the by-law
bull Clause 12 Conflict
(i) This clause includes statements to deal with situations where there are conflicts between this By-law and other City By-laws
bull Clause 13 Severability
(i) This clause includes statements to protect the City in the event a part of the byshylaw is found to be illegal or inoperative
middot Report to the Development Item DS-12-278 Services Committee (Continued) -6- Meeting Date September 10 2012
bull Clause 14 Effective Date Repeal
(i) This clause repeals current By-law 95-95 and replaces it with the new By-law
bull Clause 15 Applicability of Regional By-law
(i) This clause clarifies that the Durham Consolidated Courthouse will continue to be required to comply with the Regional By-law
60 FINANCIAL IMPLICATIONS
)gt There are no significant financial implications associated with the Recommendation
)gt The cost of the public meeting and related notices can be accommodated within the Development Services Departments 2012 budget middot
)gt The total cost of the PGL Study was $10000 plus taxes financed through the 2010 Engineering Services operating budget
70 RESPONSE TO THE COMMUNITY STRATEGIC PLAN
gt Th Recommendation advances Goal B (A Green and Sustainable Community) of the ty Community Strategic Plan
~c-u bull ng~ P Eng Director ngineering Services
h~ns~ RPP ~ommissioner Development Services Department
GCc Attachments
6 lJ
~No hs_1z- 27 Attachment~ 1
Sewer Use Bylaw 95-95 Corporation of the City of Oshawa
Prepared for The Corporation of the City of Oshawa 50 Centre Street South OshawaON L1H 3Z7
Prepared by Pottinger Gaherty Environmental Consultants Ltd 83 Centre Street South OshawaON L1H4A1
PGL File 2599-0101
April2011
PGL
Executive Summary
Pottinger Gaherty Environmental Consultants Ltd (PGL) conducted an evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This bylaw is in place primarily to ensure themiddot efficient operation of the stormwater system and for the_ protection of themiddot natural environment This bylaw was last updated in 1995 and recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
The objectives of the evaluation were to
bull update the bylaw to the most recent practices and science bull ensure prot~ction of the naturaVaquatic environment bull harmonize the Citys bylaw with the Regions bylaw to the extent possible and bull consider best management practices that may be implemented by the City to improve
stormwater quality
To conduct the evaluation PGL reviewed middotthe current bylaw and numerous other bylaws from leadingmiddot municipalities and regions including the Region of Durham PGL also reviewed Ontario Ministry of Environment and federal guidance and discussed stormwater discharge issues with the Region of Durham and Central Lake Ontario Conservation Authority To evaluate stormwater quality criteria PGL assessed provincial and federal water quality guidelines and Region of Durham criteria Where Region of Durham criteria exceeded effect-based guidelines we evaluated each compound individually
The detailed evaluation is included in the attached report We recommend criteria for water quality restricted items various clauses and section changes and reviewed best management practices
PGL recommends the criteria for water quality noted in the table below In this table only two parameters vary from the Regions bylaw limits cadmium and lead For these parameters PGL recommends five times the provincial effect-based limit which assumes some dilution is available in the sewer pipe and stream We also recommend that Region of Durhams list of restricted middotand prohibited items be adopted Use of the proposed values and prohibitions will greatly simplify coordination of the bylaw
Recommended Values for Sewer Discharge Limits
temperature (max C) 40
pH max 9
pH min 6
15000 suspended solids (ug1)
arsenic (total- ug1) 20 cadmium (ug1) 1
chromium (ug1 80
copper (ug1) 50
lead (ug1) 10
manganese (total - ug1) 150
mercury (total - ug1) 04
nickel (total - ug1) 80
selenium (total - ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ugn) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml) 200
phosphorus (total P ug1) 400
total kjeldahl nitrogen (ug1) 1000
1122-tetrachloroethylene (ug1) 17
12-dichlorobenzene (ug1) 56
1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88
chloroform (ug1) 2
cis-12-dichloroethylene (ug1) 56
di-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene (ug1) 44
toluene (ug1) 2
trans-13-dichloropropylene (ug1) 56
trichloroethylene (ug1) 8
xylenes (total- ug1)) 44
Notes C =degrees Celsius ugn = micrograms per litre
The current City bylaw contains no options related to exceedences of bylaw limits or prohibited discharges The only option when this occurs now is for a Notice of Violation PGL recommends more options be available to address situations where dischargers cannot technically or costshyeffectively meet discharge limits We propose that the options include a Compliance Program to allowmiddot gradual compliance Where compliance is not feasiole a Pollution Prevention Plan
J PGL
approach should be allowed Pollution prevention plans seek to reduce non-compliant discharges that cannot be rectified completely
We also recommended that several sections be added or amended in the updated bylaw The sections are noted below These recommendations were made to improve the implementation of the bylaw
bull Updated Definitions
bull Prohibition of Dilution
bull Confidentiality bull Manholes
bull Interceptors
bull Sampling and Analysis
bull Authority to Investigate
middotFinally PGL recommends that the City implement best management practices to improve the quality and reduce the quantity of storm sewer discharges Many of these practices are likely already in place during the approvals process Pollution Prevention Plans are also considered a best management practice Actions that can be taken by the City of Oshawa include enforcement of the bylaw a maintenance program for the storm sewer system and education
PPGL
Table of Contents
10 Introduction bullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbullbullbullbullbullbullbullbull ~bullbullbullbullbullbullbullbullbullbullbullbullbull1
20 background bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
30 Objectivebullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
40 Work Program bullbullbullbullbullbullbullbullbullbullbullbullbullbullbull~bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
50 middot Findings 2
51 Regulatory Context middot 2
52 Comparison to Durham Region Sewer Use Bylaw 3
53 Bylaw Templates 3
54 Central Lake Ontario Conservation Authority 4
55 Effects Based Guidelines 5
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
57 Other Municipal and Regional Bylaws 8
58 Best Management Practices 9
60 Discussion 1 0
61 Values to Limit Discharges 10
62 Actions Taken When Non-compliance Occurs 12
63 Recommended Clauses or Sections for a Future Bylaw 12
631 Defh1itions 12
632 Prohibition of Dilution12
633 Confidentiality 13
634 Manholes 13
635 lnterceptors13
636 Sampling and Analysis 13
637 Authority to Investigate 13
638 Construction Controls 13
639 Foundation Drains 14
64 Best Management Practices 14
70 Standard Limitations bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbull 14
TABLES
In Text Table A Bylaw Values Exceeding PWQO 6 Table B Recommended Values for Sewer Discharge Limits 11
Appended Table 1 Comparison of Stormwater Discharge Limits
APV BMP CCME City CLOCA GLWQA
MOE PGL
PWQO
Region
List of Acronyms
Aquatic Protection Values
best mangement practice
Canadian Council of Ministers of the Environment
Corporation of the City of Oshawa
Central Lake Ontario Conservation Authority
Great Lakes Water Quality Agreement
Ontario Ministry of Environment
Pottinger Gaherty Environmental Consultants Ltd
Provincial Water Quality Objective
Region of Durham
PGL
6u
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page1 PGL File 2599-0101
10 INTRODUCTION c
c
Pottinger Gaherty middotEnvironmental Consultants Ltd (PGL) is pleased to provide our evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This report has been prepared to document our work findings and recommendations
20 BACKGROUND
The City has a sewer use bylaw regulating discharges to the municipal storm sewers This bylaw is in place primarily to ensure the efficient operation of the system and for the protection of the natural environment This bylaw was last updated in 1995 Recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
30 OBJECTIVE
The evaluation was conduded
bull to update the bylaw to the most recent pradices and science bull to ensure protedion of the naturalaquatic environment and bull to harmonize the Citys bylaw with the Regions bylaw to the extent possible
PGL was also asked to consider best management pradices that may be implemented by the City to improve stormwater quality
40 WORK PROGRAM
middotTo meet the objedives noted above PGL designed a work program to evaluate the Citys bylaw against the various other bylaws and effeds-based standards and guidelines Specifically PGL
1 Met with the City to clarify needs and current practices
2 Met with the Region of Durham to identify the rationale behind some of its bylaw components middot
3 Met with the Central Lake Ontario Conservation Authority (CLOCA) to discuss its perspedive on stormwater and environmental prot~ction
4 Contacted the various municipalities in Durham Regionmiddot to determine if they have a sewer use bylaw or if they are currently working to revise their bylaws
5 Reviewed similar bylaws from the Region of Durham Durham Region municipalities and other Ontario municipalities that are considered leaders middotin environmental protection (ie Regional MunicipalitY of Niagara City of London Regional Municipality of Waterloo City of Toronto City of Ottawa City of Kingston and Regional Municipality of York)
6 Compared numerical and qualitative standards from the Region of Durhilm and various regions and municipalities with the City standards
7 Compared effed-based standards (ie Provincial Water Quality Objectives Canadian Water Quality Guidelines for the Protedion of Aquatic Life Great Lakes Water Quality Agreement Aquatic Protedion Values) with the City and Region standards
8 Evaluated best management practices and their applicability to the City of Oshawas situation
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9 Proposed modifications to the current bylaw that update standards and various management components
10 Met with the City Region and CLOCA to discuss our findings and recommendations and
11 Prepared a draft report of our findings and incorporated comments from the City Region and CLOCA and
12 Prepared this final report of our findings
50 FINDINGS
The findings are discussed in categories related to our work completed Each set of findings are evaluated and discussed Many of the sewer use bylaws apply to both sanitary and storm sewers As Oshawas bylaw relates to storm sewers only PGL only evaluated the storm sewer components of each bylaw The findings discussed here are then used in our discussion section to make recommendations for modifications to the Citys bylaw
51 Regulatory Context
To understand the various limits and values relating to environmental effects PGL has summarized some of the applicable legislation Information from this section is used later in the report when we evaluate proposed bylaw limits The provincial statues apply to surface water in the City as do federal requirements because of the fact that surface water is considered fish habitat
The federal Fisheries Act prohibits the deposit of a deleterious substance of any type in water frequented by fish or in any place under any Conditions where the deleterious substance or any
middotother deleterious substance that results from the deposit of the deleterious substance may enter any such water (subsection 36(3)) Any substance with a potentially harmful chemical physical or biological effect on fish or fish habitat is considered to be deleterious
Section 30(1) of the Ontario Water Resources Act states that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters is guilty of an offence
The Ontario Environmental Protection Act provides the legislative authority to limit the discharge of contaminants to the natural environment Section 14(1) of the Ontario Environmental Protection Act (RSO 1990) states that a person shall not discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment if the discharge causes or may cause an adverse effect Section 1 (1) of the same act defines adverse effect as one or more of (a) impairment of the quality of the natural environment for any use that can be made of it (b) injury or damage to property or to plant or animal life (c) harm or material discomfort to any person (d) an adverse effect on the health of any person (e) impairment of the safety of any person (f) rendering any property or plant or animal life unfit for use by man (g) loss of enjoyment of normal use of property ancf (h) interference with the normal conduct of business
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52 Comparison to Durham Region Sewer Use Bylaw
PGL compared the City and the Regions sewer use bylaws to evaluate significant differences The Regions bylaw (Bylaw 43-2004) was last revised in June-2009 Changes to the Regions bylaw are being considered and we also discuss differences with the draft concepts The revised changes will have no effect on stormwater discharge criteria
Table 1 (appended) shows a comparison of the City and Region bylaws with respect to storm sewer discharge values There are numerous cases where there are no City values and Regional values exist There is no consistency with respect to the quantitative limits (ie there are instances where the City is more stringent and cases were the Region is more stringent)
PGL obtained information regarding the rationale for the various limits from Simon Beacock Group Leader Region of Durham Sewer Use Bylaw Office The information indicates that most values are taken from the City of Toronto bylaw or are four times the City of Toronto or Regions detection limits for its lab Mr Beacock indicated that the values used have been accepted by the Municipal Sewer Use Group whose members include the Region of Durham Region of York City of Toronto and other municipalities or regions
Table 1 also shows a comparison of the list of restricted items for discharge to the storm sewer (qualitative items) The Regions list is more extensive than the Citys but the Citys items are all found within the Regions list For ease of implementation PGL recommends the Citys list mirror the Regions asit is mor~ complete
There are also severaJ sections of the Regions bylaw that differ from the Citys There are definitions that vary from the Regions however many of these are due to the fact that the Citys bylaw does not include sanitary sewer discharges The Region also includes sections on foundation drain connections oil grease and sand interceptors a prohibition of dilution agreements compliance programs Pollution Prevention Plans applications for waste discharge and surveys and several general categories Some of these sections could be incorporated in the Citys updated bylaw as appropriate as discussed in Section 63
PGL discussed the implementation of and changes to Durham Regions Sewer Use Bylaw with Simon Beacock He indicated that although the bylaw includes the option to require a pollution prevention plan or connection permits with a waste survey these are not being implemented The need for connection permits will likely be removed in the future bylaw The Region finds that enforcement of these sections is often not practical and it is focussed on education rather than enforcement The Region has developed pollution prevention plans for numerous industries that are known to commonly discharge wastes above the limits
The Region of Durham had no comments on our draft report --- middotmiddotmiddot
63 Bylaw Templates
There are three model sewer use bylaws in Ontario
1 Model Sewer Use Bylaw Ontario Ministry of Environment August 1988 was reprinted in middot October 1989
2 Model Sewer Use Bylaw DRAFT only Ontario Ministry of Environment 1998 and
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3 Model Sewer Use Bylaw Guidance Document Marbek Resource Consultants Ltd submitted to Canadian Council of Ministers of Environment February 2009
In an effort to promote the development of sewer use bylaws the Ontario Ministry of Environment (MOE) published a template bylaw in 1988 This template is the model used by the City of Oshawa for the development of its current bylaw Many of the quantitative water quality values used in the model bylaw are derived from the Provincial Water Quality Objectives (PWQO) and include a dilution factor of 15 to 5 times The standards include a note that the values and prohibitions are intended as trigger levels for further action Where a discharge exceeds a limit the municipality is to request the industry prepare andmiddot implement a Best Management Plan to address the stollT1water discharge The limits and prohibitions are also intended to apply to two cases only for runoff from an industrial process area and where material has been purposely added to the storm sewer as a method of disposal
The MOEs draft 1998 model sewer use bylaw was posted for comment but never finalized In middot this version the various prohibitions remain but the numerical limits are replaced with a statement that the discharge should notimpair the quality of the water in any well lake river pond spring stream reservoir or other water or watercoursemiddot The sections on sampling and analysis spills and offences and penalties also were reworded and a section added regarding discharger selfshymonitoring
The 2009 sewer use bylaw model applies only to sanitary and combined sewer works and does notapply to the Citysmiddot context The model bylaw does however have up-to-date definitions and clauses that may be of use for some of the Citys needs middot
In summary there is little useful guidance available from the provincial government on a bylaw middotmiddot template Recent bylaws from other jurisdictions are likely more useful Information regarding the
purpose of the limits and the dilution factor used in the derivation of the limits are used in the discussion below
54 Central Lake Ontario Conservation Authority
The CLOCAs mandate is to promote the conservation restoration development and management of natural resources in partnershipmiddot with local municipalities and the province Although the Citys bylaw will take priority over CLOCAs guidelines PGL reviewed CLOCAs information and talked to CLOCA about its objectives
middot CLOCAs stormwater requirements are found in Technical Guidelines for Stormwater Management Submissions CLOCA June 2007 revised March 2010 This document contains guidance regarding stormwater system design and CLOCA requirements Regarding water quality CLOCA uses guidance from the Ontario MOEs Stormwater Management Planning and Design Manual 2003 In this document there is a requirement that 70 to 80 of suspended solids be removed from a propertys stormwater discharge CLOCA provides other guidance
middot regarding infiltration erosion control and oil and grit separators Best management practicesmiddot discussed include reduced lot grading roof leaders discharging to areas of infiltration infiltration trenches grassed swales and pervious pipe and catch basin systems
CLOCA had two comments on the draft version of this report It shares the official policy of the Ontario Ministry of E11vironment and Fisheries and Oceans Canada with respect to applying dilution factors (ie it had concerns regarding the use of a dilution factor) CLOCA supports the implementation of options for action on non-compliance situations (ie pollution prevention plans or requirements for physical works)
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55 Effects Based Guidelines
PGL compared the sewer use bylaw standards to commonly accepted effects-based guidelines (ie values that indicate possible adverse effects to aquatic life) Documents reviewed include
bull Water Management Policies Guidelines and Provincial Water Quality Objectives (commonly called PWQO) Ontario Ministry of Environment and Energy July 1994 reprinted 1999
middot bull Canadian Environmental Quality Guidelines Canadian Council of Ministers of the Environment (CCME) 1999 and last updated 2007
bull Great Lakes Water Quality Agreement of 1978 (GLWaA) last amended 1987 and bull Rationale for the Development of Soil and Ground Water Standards for Use at Contaminated
Sites in Ontario MOE December 22 2009 From this document the Aquatic Protection Values (APVs) were used for comparison
From these 1guidelines the PWQO is the most commonly used document in Ontario The other documents were used as reference or to support discussions and recommendations below
The CCME PWQO GLWQA and APV values indicate habitats that are acceptable for aquatic life These are considered chronic effect limits Some mixing and dilution will take place in the pipe before discharge to surface water and further mixing and dilution will take place in a receiving water body Reliance on a dilution factor to achieve standards in the receiving water body (ie to accommodate for mixing) is officially discouraged by both the MOE and Fisheries and Oceans Canada Discussions with the Region and MOE however indicate that they understand mixing is available for rainfall discharges (ie the use of dilution in the stream can be used) As a result of this practice we have also incorporated a dilution factor into our discussion below
Table 1 (attached) shows our comparison to the various effect-based standards Based on the common use of the PWQO we used this as a preliminary evaluation of limits Table A below shows discharge limits from the City or Region that exceed PWQO values
As a secondary screen of effect-based values PGL
1 Assumed a dilution factor of 5 times The MOE template bylaw allowed for a dilution factor of 15 to 5 times based on the compound and 5 seems reasonable given the allowance for dilution in the stream
2 Compared discharge limits to 5 times PWQO
3 Compared discharge limits to 5 times GCME values as these are more up to date than PWQOs
4 Compared discharge limits to 5 times APVs as these are the most up to date and are the values currently accepted by the MOE and
5 Highlighted compounds that exceeded any of the three comparisons above (bold and underlined in Table A)
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Table A Bylaw Values Exceeding PWQO
cadmium (ug1) 1
chromium (ug1) 200
copper (ug1) 10
lead (ug1) 50
mercury (total- ug1) 1
nickel (total - ug1) 50
silver (ug1) NS
zinc (ug1) 50
cyanide (ug1) NS
e-coli (colonies100 ml) 200
PCBs (ug1) NS
phenolics (ug1) NS
phosphorus (total ~ ug1) NS
1 2-dichlorobenzene (ug1) NS
14-dichlorobenzene (ug1) NS
toluene (ug1) NS
sect 02 0017
80 89 89
50 1-5 2-4
120 5-25 1-7
04 02 003
80 25 25-150
120 01 01
40 30 30
20 5 5
200 100 NS
04 0001 NS
sect 1 4
400 30 NS
56 25 07
68 4 26
2 08 20
021
64
69
2
077
39 -
012
89
52
NS
0014
961
NS
763
763
1400
1
80
50
10
04
80
NS
40
20
200
NS
NS
400
56
68
2
Notes NS =no standard ug1 =microgramgt per litre
Each of the compounds remaining was then evaluated on a case-by-case basis
bull Cadmium is soluble and toxic and there was no reason to deviate from the effect-based standards
bull The APV value for chromium is based on a 2008 US Environmental Protection Agency value and assumes a water hardness of 70mgl This hardness value represents relatively soft water and although high for rainfall is acceptable Since this is based on the most recent work it can be used and the Regio11s value is acceptable
bull The copper value may be toxicologically justified but is likely impractical to comply with Copper use is widespread and the use of the Regions value may be reasonable as a value that can be enforced Assuming a 10 times dilution factor in the pipe and stream would lead to a justifiable value of 50ugll as a discharge limit middot
bull Lead is not soluble under normal conditions but will solubilize with a reduced pH Given that lead in sediment is toxic to benthic invertebrates and in the food chain and given the common use of lead we recommend an effects-based standard The toxicity value is well justified
bull Silver discharges have typically been restricted due to its use in the photographic industry (ie film developing) Silver is highly insoluble and therefore would be expected in the sediment of discharges rather than the liquid The use of the Regions value may be
middot acceptable in cases with significant sediment Based on the difficulty of explaining the
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nuances of this difference between dissolved and total silver and the current lack of use of silver it is recommended to leave this value from the Citys list of parameters
bull CCME indicates that PCBs should not be treated as water quality parameter as the PCBs would be found primarily in sediment In addition the use of PCBs is very limited due to its restriction in the 1980s and there is no reason to believe this is a significant source of contamination to the Citys sewers Based on these two factors PGL recommends that PCB be left off of the Citys list of compounds -
bull The phenolics value exceeds 5 times the PWQO but is well below the APV value for phenol Phenolics is a broad analysis of various compounds and does notmiddot indicate a specific compound Based on the lack of specificity in the analysis PGL does not recommend the use of this value in the Citys list of compounds middot
bull The phosphorus level found in the PWQO was set to avoid nuisance algae blooms and to limit excessive plant growth in water bodies Phosphorus is not considered toxic in itself The Regions limit assumes a dilution factor of 13 times and this is likely acceptable given that stormwatermiddot emissions occur over short periods and the PWQO limit of 30ugJ is for a longshyterm average
In summary PGL believes that standards more stringent than the Regions should be used for cadmium and lead based on effects-based values The effects based value for copper is toxicologically justified but likely routinely exceeded because of the widespread use of copper and its solubility In this case the use of the Regions standards is likely appropriate for ease of implementation Silver and PCBs are not being used widely and would be found in sediment primarily We recommend that no standards be put in place for these Phenolics are a case where the testing does not represent toxicity and therefore should not be used Phosphorus is another case that is not related directly to toxicity however does reflect a water bodys health The Regions value is appropriate in this case
It is understood that many of the Regions limits were set based on 4 times the method detection limit for the City -of Toronto or Regions lab The limits were set some timemiddot in the past and current commercial labs can readily meet the PWQO values PGL believes that the 4 times method detection limit rationale is not technically justifiable at this time middot
Although there are toxicity concerns with cadmium and lead the City may still elect to use the Regions values for ease of implementation These values are widely used by other municipalities as seen on Table 1 and the MOE has no i(nmediate concerns with the values (conversation with Ted Belayneh Group Leader Surface Water) It should be noted however that the values will likely be reduced in the future as the trend in environmental protection is generally to lower standards particularly for these parameters
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
PGL contacted various municipalities i~ the Durham Region (Pickering Ajax Whitby and Clarington) to discuss their sewer use bylaws Of these municipalities only Ajax has a valid sewer use bylaw Their current bylaw is from 1972 and is considered significantly out of date Pickering has a one-page bylaw from the 1960s that is not being used Of the four municipalities consulted only Ajax is in the process of updating its current bylaw middot
The Town of Ajaxs draft sewer use bylaw limits are shown in Table 1 along with the Regions values As can be seen the values generally mirror the current Regions alues There are also numerous compounds included in the Town of Ajaxs list of values that are not part of the Citys or
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Regions bylaws Discussions indicate that these were added to reflect industrial processes present in the Town of Ajaxs local jurisdiction It is PGLs recommendation not to adopt this expanded list of contaminants to facilitate implementation The expanded list would be largely captured in the bylaw with the list of prohibited materials
The draft Town of Ajax bylaw is the only other bylaw reviewed that was for stormwater only The text includes various items not found in the City of Oshawas bylaw These items are noted below and were considered in our evaluation of recommended changes
bull Options for action on non-compliance other than a Notice of Violation Options include imposing requirements for a study on stormwater quality or quantity modification or the construction of stormwater facilities implementing pollution prevention techniques and others Owners have 1 0 days to initiate compliance with these requirements
bull The ability to provide a limited time compliance program The compliance program may include discharges exceeding limits and is intended as a bridge toward full compliance (Le installation of a treatment facility or other modifications)
bull An option to require industrial occupants who exceed limits fail to comply with a compliance program or hav~ had spills to conduct a study of effects or to develop a pollution prevention plan
bull Requirements to install and maintain oil grease and sand interceptors for any owners who may discharge oil or sediment respectively
bull Requirements for construction activities and outdoor storage bull Sections on confidentiality and enforcement
57 Other Municipal and Regional Bylaws
PGL reviewed a number of cgtther sewer use bylaws In the selection of bylaws to review PGL focussed on recent bylaws or regions that are considered leaders in the management of water The values restricting discharges to the storm sewer are noted on Table 1 as well as the various prohibitions All of these bylaws include both stormwater and sanitary discharges The information noted below was used in our evaluation of recommended changes to the City of Oshawas bylaw
The bylaws reviewed consisted of sewer use bylaws from
bull Regional Municipality of York 2010 Draft bull City ofKingston 2008 bull City of Ottawa 2003 bull City of Toronto 2009 bull Regional Municipality of Waterloo 1992 bull City of London 2010 and bull Regional Municipality of Niagara 2008
With regards to the limits imposed on stormwater discharges the other cities and regions are relatively similar and consistent with the Region of Durham The middotCity of Waterloo is somewhat of an outlier and often has standards for stormwater discharges that are more stringent than other
- areas The Citys values are higher or lower than other areas with little consistency The Region of Durham Region of York and City of Toronto have values that are very similar with the only differences being that the Region has a higher limit than the City of Toronto for manganese The
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City of Toronto also has numerous organic compounds that are not included the Regions list of compounds
With regards to the text of the bylaw there are numerous differences between the various cities and regions The great majority of the bylaws have sections relating to definitions discharge requirements a prohibition of dilution agreements for discharges sampling and analytical requirements amiddot compliance program maintenance access points and requirements for interceptors The prohibition of dilution restricts people from diluting a waste to meet the bylaw requirements The compliance programs allow an industry to discharge waste out of compliance while it is taking steps to meet compliance middot
One area where various regions differ significantly is on the requirements made of industries The City of Toronto for example required Pollution Prevention Plans from almost all industries with an initial deadline of 2002 Other regions (ie York and Durham) have the ability to request Pollution Prevention Plans Waterloo and Kingston require waste survey reports while York Durham and Ottawa have the option to request them The only region or city with an option tQ prepare a Best Management Plan is Waterloo
Another area where there are significant differences is in the actions allowed if there are discharges over the limits prescribed In almost all cases a compliance plan is permitted to close the gap to compliance In Waterloos case the implementation of a Best Management Plan will allow for discharges Qutside of the prescribed limits In Yorks case a Pollution Prevention Plan may be required Kingston has no option other than compliance
Several but not all of the bylaws reviewed include language regarding the responsibilities for samplirig and monitoring York Niagara Toronto and Ottawa all indicate that sampling required
by the city or region is to be paid for by the owner
58 Best Management Practices
There are numerous best management practices (BMPs) that can be implemented to control the flow and quality of stormwater discharges Adopting a workable and up-to-date sewer use bylaw middotis one of the things that can be done to improve the environment and in this report PGL has several recommendations for how this can be done Other best management options include
bull Enforcement of sewer use bylaw bull Education of industries and the public This can be done through information sessions
developing materials for education or by labelling high risk catch pasins that discharge to surface water and fish habitat middot
bull Incorporating environmentally sound practices in the design and approval of stormwater management plans prepared by existing industries andor new developments These Low Impact Development features could include middot gt Volume Reduction - reduce and mitigate the total runoff volume caused by increased
urban development and subsequent increasing impervious areas and maximize the amount of runoff returned to shallow groundwater via recharge BMPs for volume reduction and maximizing recharge include ground infiltration systems (ie permeable pipes and catch basins rock drains) pervious pavement designs restrictor plates biofiltration swales and long-term storage in constructed wetlands or ponds
gt Water Quality Improvements - mitigate water quality impacts to fish habitat by collecting and treating fir8t flush events ofmiddot smaller storms and more frequent runoff events from impervious areas BMPs for water quality include biofiltration swales and constructed wetlands Oil and grit separators are also a way to improve water quality as many of the
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contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
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Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
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In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
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added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
PGL
Storm Sewer Use Bylaw Evaluation Aprll2011 The Corporation of the City of Oshawa Page 14 PGL File 25990101
639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
Report to the Development Item DS-12-278 Services Committee (Continued) -4- Meeting Date September 10 2012
54 Proposed New Storm Sewer Use By-Law
gt As a result of the PGL study it is recommended that a new Storm Sewer Use By-law be prepared consistent with PGLs recommendations for consultation with the public and the Oshawa Environmental Advisory Committee middot
gt A copy of a preliminary working draft of a proposed new Storm Sewer Use By-law appears as Attachment No 3
middotgt The preliminary working draft by-law is based on PGLs work and was prepared by Engineering and Legal Services staff within input from Works and Transportation Services the Region and CLOCA
gt The following summarizes the key sections of the working draft By-law (see Attachment No 3)
bull Clause 1 Short Title
(i) This clause advised that the short title of the by-law is the Storm Sewer Use Byshylaw
bull Clause 2 Interpretation
(i) This clause includes a complete set of the necessary definitions consistent with current industry standards
bull Clause 3 Storm Sewer Requirements
(i) This clause
bull Identifies and defines the material or quantity of material prohibited from being discharged into the Citys storm sewer system
bull Prohibited substances and values are the same as the Regions with the exception of lead and cadmium parameters For those two compounds the Citys values are higher than the Regions
bull Prohibits using dilution to achieve compliance with the By-law
bull Clause 4 Oil Grease and Sediment Interceptors
(i) This clause deals with the control of oil grease and sediment
bull middot Clause 5 Compliance Program
(i) The current City By-law is very rigid and has middotno flexibility to deal with exceedences of the prescribed storm sewer discharge values or the discharge
5L
Report to the Development Item DS-12-278 Services Committee (Continued) -5- Meeting Date September 10 2012
of prohibited substances The proposed new by-law includes some new flexibility and allows a Discharger at the Citys sole discretion to prepare a compliance solution in a specific time frame without being charged
bull Clause 6 Sampling and Analysis
(i) This clause requires sampling and analysis by a property owner at its cost to determine any non-compliance
bull Clause 7 Spills
(i) The Spills Section is based on the Provincial model template and addresses the timing for reporting a spill the need for a detailed report on the spill and the clean-up of any spill and gives the City the authority to charge the property owner for any expenses incurred by the City associated with the spill
bull Clause 8 Pollution Prevention Plans
(i) This clause allows the City to require pollution prevention plans to deal with nonshycompliance andor repeat offences by a Discharger
bull Clause 9 Monitoring Maintenance Holes
(i) This clause requires a Maintenance Access for any site with one or more storm sewer or foundation drain connections to the Citys system
bull Clause 10 Confidential Information
(i) This clause includes the necessary statements regarding the confidentiality of information submitted to the City
bull Clause 11 Enforcement and Offences
(i) This clause sets out the enforcement framework for the by-law
bull Clause 12 Conflict
(i) This clause includes statements to deal with situations where there are conflicts between this By-law and other City By-laws
bull Clause 13 Severability
(i) This clause includes statements to protect the City in the event a part of the byshylaw is found to be illegal or inoperative
middot Report to the Development Item DS-12-278 Services Committee (Continued) -6- Meeting Date September 10 2012
bull Clause 14 Effective Date Repeal
(i) This clause repeals current By-law 95-95 and replaces it with the new By-law
bull Clause 15 Applicability of Regional By-law
(i) This clause clarifies that the Durham Consolidated Courthouse will continue to be required to comply with the Regional By-law
60 FINANCIAL IMPLICATIONS
)gt There are no significant financial implications associated with the Recommendation
)gt The cost of the public meeting and related notices can be accommodated within the Development Services Departments 2012 budget middot
)gt The total cost of the PGL Study was $10000 plus taxes financed through the 2010 Engineering Services operating budget
70 RESPONSE TO THE COMMUNITY STRATEGIC PLAN
gt Th Recommendation advances Goal B (A Green and Sustainable Community) of the ty Community Strategic Plan
~c-u bull ng~ P Eng Director ngineering Services
h~ns~ RPP ~ommissioner Development Services Department
GCc Attachments
6 lJ
~No hs_1z- 27 Attachment~ 1
Sewer Use Bylaw 95-95 Corporation of the City of Oshawa
Prepared for The Corporation of the City of Oshawa 50 Centre Street South OshawaON L1H 3Z7
Prepared by Pottinger Gaherty Environmental Consultants Ltd 83 Centre Street South OshawaON L1H4A1
PGL File 2599-0101
April2011
PGL
Executive Summary
Pottinger Gaherty Environmental Consultants Ltd (PGL) conducted an evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This bylaw is in place primarily to ensure themiddot efficient operation of the stormwater system and for the_ protection of themiddot natural environment This bylaw was last updated in 1995 and recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
The objectives of the evaluation were to
bull update the bylaw to the most recent practices and science bull ensure prot~ction of the naturaVaquatic environment bull harmonize the Citys bylaw with the Regions bylaw to the extent possible and bull consider best management practices that may be implemented by the City to improve
stormwater quality
To conduct the evaluation PGL reviewed middotthe current bylaw and numerous other bylaws from leadingmiddot municipalities and regions including the Region of Durham PGL also reviewed Ontario Ministry of Environment and federal guidance and discussed stormwater discharge issues with the Region of Durham and Central Lake Ontario Conservation Authority To evaluate stormwater quality criteria PGL assessed provincial and federal water quality guidelines and Region of Durham criteria Where Region of Durham criteria exceeded effect-based guidelines we evaluated each compound individually
The detailed evaluation is included in the attached report We recommend criteria for water quality restricted items various clauses and section changes and reviewed best management practices
PGL recommends the criteria for water quality noted in the table below In this table only two parameters vary from the Regions bylaw limits cadmium and lead For these parameters PGL recommends five times the provincial effect-based limit which assumes some dilution is available in the sewer pipe and stream We also recommend that Region of Durhams list of restricted middotand prohibited items be adopted Use of the proposed values and prohibitions will greatly simplify coordination of the bylaw
Recommended Values for Sewer Discharge Limits
temperature (max C) 40
pH max 9
pH min 6
15000 suspended solids (ug1)
arsenic (total- ug1) 20 cadmium (ug1) 1
chromium (ug1 80
copper (ug1) 50
lead (ug1) 10
manganese (total - ug1) 150
mercury (total - ug1) 04
nickel (total - ug1) 80
selenium (total - ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ugn) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml) 200
phosphorus (total P ug1) 400
total kjeldahl nitrogen (ug1) 1000
1122-tetrachloroethylene (ug1) 17
12-dichlorobenzene (ug1) 56
1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88
chloroform (ug1) 2
cis-12-dichloroethylene (ug1) 56
di-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene (ug1) 44
toluene (ug1) 2
trans-13-dichloropropylene (ug1) 56
trichloroethylene (ug1) 8
xylenes (total- ug1)) 44
Notes C =degrees Celsius ugn = micrograms per litre
The current City bylaw contains no options related to exceedences of bylaw limits or prohibited discharges The only option when this occurs now is for a Notice of Violation PGL recommends more options be available to address situations where dischargers cannot technically or costshyeffectively meet discharge limits We propose that the options include a Compliance Program to allowmiddot gradual compliance Where compliance is not feasiole a Pollution Prevention Plan
J PGL
approach should be allowed Pollution prevention plans seek to reduce non-compliant discharges that cannot be rectified completely
We also recommended that several sections be added or amended in the updated bylaw The sections are noted below These recommendations were made to improve the implementation of the bylaw
bull Updated Definitions
bull Prohibition of Dilution
bull Confidentiality bull Manholes
bull Interceptors
bull Sampling and Analysis
bull Authority to Investigate
middotFinally PGL recommends that the City implement best management practices to improve the quality and reduce the quantity of storm sewer discharges Many of these practices are likely already in place during the approvals process Pollution Prevention Plans are also considered a best management practice Actions that can be taken by the City of Oshawa include enforcement of the bylaw a maintenance program for the storm sewer system and education
PPGL
Table of Contents
10 Introduction bullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbullbullbullbullbullbullbullbull ~bullbullbullbullbullbullbullbullbullbullbullbullbull1
20 background bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
30 Objectivebullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
40 Work Program bullbullbullbullbullbullbullbullbullbullbullbullbullbullbull~bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
50 middot Findings 2
51 Regulatory Context middot 2
52 Comparison to Durham Region Sewer Use Bylaw 3
53 Bylaw Templates 3
54 Central Lake Ontario Conservation Authority 4
55 Effects Based Guidelines 5
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
57 Other Municipal and Regional Bylaws 8
58 Best Management Practices 9
60 Discussion 1 0
61 Values to Limit Discharges 10
62 Actions Taken When Non-compliance Occurs 12
63 Recommended Clauses or Sections for a Future Bylaw 12
631 Defh1itions 12
632 Prohibition of Dilution12
633 Confidentiality 13
634 Manholes 13
635 lnterceptors13
636 Sampling and Analysis 13
637 Authority to Investigate 13
638 Construction Controls 13
639 Foundation Drains 14
64 Best Management Practices 14
70 Standard Limitations bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbull 14
TABLES
In Text Table A Bylaw Values Exceeding PWQO 6 Table B Recommended Values for Sewer Discharge Limits 11
Appended Table 1 Comparison of Stormwater Discharge Limits
APV BMP CCME City CLOCA GLWQA
MOE PGL
PWQO
Region
List of Acronyms
Aquatic Protection Values
best mangement practice
Canadian Council of Ministers of the Environment
Corporation of the City of Oshawa
Central Lake Ontario Conservation Authority
Great Lakes Water Quality Agreement
Ontario Ministry of Environment
Pottinger Gaherty Environmental Consultants Ltd
Provincial Water Quality Objective
Region of Durham
PGL
6u
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page1 PGL File 2599-0101
10 INTRODUCTION c
c
Pottinger Gaherty middotEnvironmental Consultants Ltd (PGL) is pleased to provide our evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This report has been prepared to document our work findings and recommendations
20 BACKGROUND
The City has a sewer use bylaw regulating discharges to the municipal storm sewers This bylaw is in place primarily to ensure the efficient operation of the system and for the protection of the natural environment This bylaw was last updated in 1995 Recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
30 OBJECTIVE
The evaluation was conduded
bull to update the bylaw to the most recent pradices and science bull to ensure protedion of the naturalaquatic environment and bull to harmonize the Citys bylaw with the Regions bylaw to the extent possible
PGL was also asked to consider best management pradices that may be implemented by the City to improve stormwater quality
40 WORK PROGRAM
middotTo meet the objedives noted above PGL designed a work program to evaluate the Citys bylaw against the various other bylaws and effeds-based standards and guidelines Specifically PGL
1 Met with the City to clarify needs and current practices
2 Met with the Region of Durham to identify the rationale behind some of its bylaw components middot
3 Met with the Central Lake Ontario Conservation Authority (CLOCA) to discuss its perspedive on stormwater and environmental prot~ction
4 Contacted the various municipalities in Durham Regionmiddot to determine if they have a sewer use bylaw or if they are currently working to revise their bylaws
5 Reviewed similar bylaws from the Region of Durham Durham Region municipalities and other Ontario municipalities that are considered leaders middotin environmental protection (ie Regional MunicipalitY of Niagara City of London Regional Municipality of Waterloo City of Toronto City of Ottawa City of Kingston and Regional Municipality of York)
6 Compared numerical and qualitative standards from the Region of Durhilm and various regions and municipalities with the City standards
7 Compared effed-based standards (ie Provincial Water Quality Objectives Canadian Water Quality Guidelines for the Protedion of Aquatic Life Great Lakes Water Quality Agreement Aquatic Protedion Values) with the City and Region standards
8 Evaluated best management practices and their applicability to the City of Oshawas situation
iiPGL
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page2 PGL File 2599-0101
9 Proposed modifications to the current bylaw that update standards and various management components
10 Met with the City Region and CLOCA to discuss our findings and recommendations and
11 Prepared a draft report of our findings and incorporated comments from the City Region and CLOCA and
12 Prepared this final report of our findings
50 FINDINGS
The findings are discussed in categories related to our work completed Each set of findings are evaluated and discussed Many of the sewer use bylaws apply to both sanitary and storm sewers As Oshawas bylaw relates to storm sewers only PGL only evaluated the storm sewer components of each bylaw The findings discussed here are then used in our discussion section to make recommendations for modifications to the Citys bylaw
51 Regulatory Context
To understand the various limits and values relating to environmental effects PGL has summarized some of the applicable legislation Information from this section is used later in the report when we evaluate proposed bylaw limits The provincial statues apply to surface water in the City as do federal requirements because of the fact that surface water is considered fish habitat
The federal Fisheries Act prohibits the deposit of a deleterious substance of any type in water frequented by fish or in any place under any Conditions where the deleterious substance or any
middotother deleterious substance that results from the deposit of the deleterious substance may enter any such water (subsection 36(3)) Any substance with a potentially harmful chemical physical or biological effect on fish or fish habitat is considered to be deleterious
Section 30(1) of the Ontario Water Resources Act states that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters is guilty of an offence
The Ontario Environmental Protection Act provides the legislative authority to limit the discharge of contaminants to the natural environment Section 14(1) of the Ontario Environmental Protection Act (RSO 1990) states that a person shall not discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment if the discharge causes or may cause an adverse effect Section 1 (1) of the same act defines adverse effect as one or more of (a) impairment of the quality of the natural environment for any use that can be made of it (b) injury or damage to property or to plant or animal life (c) harm or material discomfort to any person (d) an adverse effect on the health of any person (e) impairment of the safety of any person (f) rendering any property or plant or animal life unfit for use by man (g) loss of enjoyment of normal use of property ancf (h) interference with the normal conduct of business
IJPGL
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Storm Sewer Use Bylaw Evaluation Aprl12011 The Corporation of the City of Oshawa Page3 PGL File 2599-0101
52 Comparison to Durham Region Sewer Use Bylaw
PGL compared the City and the Regions sewer use bylaws to evaluate significant differences The Regions bylaw (Bylaw 43-2004) was last revised in June-2009 Changes to the Regions bylaw are being considered and we also discuss differences with the draft concepts The revised changes will have no effect on stormwater discharge criteria
Table 1 (appended) shows a comparison of the City and Region bylaws with respect to storm sewer discharge values There are numerous cases where there are no City values and Regional values exist There is no consistency with respect to the quantitative limits (ie there are instances where the City is more stringent and cases were the Region is more stringent)
PGL obtained information regarding the rationale for the various limits from Simon Beacock Group Leader Region of Durham Sewer Use Bylaw Office The information indicates that most values are taken from the City of Toronto bylaw or are four times the City of Toronto or Regions detection limits for its lab Mr Beacock indicated that the values used have been accepted by the Municipal Sewer Use Group whose members include the Region of Durham Region of York City of Toronto and other municipalities or regions
Table 1 also shows a comparison of the list of restricted items for discharge to the storm sewer (qualitative items) The Regions list is more extensive than the Citys but the Citys items are all found within the Regions list For ease of implementation PGL recommends the Citys list mirror the Regions asit is mor~ complete
There are also severaJ sections of the Regions bylaw that differ from the Citys There are definitions that vary from the Regions however many of these are due to the fact that the Citys bylaw does not include sanitary sewer discharges The Region also includes sections on foundation drain connections oil grease and sand interceptors a prohibition of dilution agreements compliance programs Pollution Prevention Plans applications for waste discharge and surveys and several general categories Some of these sections could be incorporated in the Citys updated bylaw as appropriate as discussed in Section 63
PGL discussed the implementation of and changes to Durham Regions Sewer Use Bylaw with Simon Beacock He indicated that although the bylaw includes the option to require a pollution prevention plan or connection permits with a waste survey these are not being implemented The need for connection permits will likely be removed in the future bylaw The Region finds that enforcement of these sections is often not practical and it is focussed on education rather than enforcement The Region has developed pollution prevention plans for numerous industries that are known to commonly discharge wastes above the limits
The Region of Durham had no comments on our draft report --- middotmiddotmiddot
63 Bylaw Templates
There are three model sewer use bylaws in Ontario
1 Model Sewer Use Bylaw Ontario Ministry of Environment August 1988 was reprinted in middot October 1989
2 Model Sewer Use Bylaw DRAFT only Ontario Ministry of Environment 1998 and
PGL
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Pag4PGL File 2599-0101
3 Model Sewer Use Bylaw Guidance Document Marbek Resource Consultants Ltd submitted to Canadian Council of Ministers of Environment February 2009
In an effort to promote the development of sewer use bylaws the Ontario Ministry of Environment (MOE) published a template bylaw in 1988 This template is the model used by the City of Oshawa for the development of its current bylaw Many of the quantitative water quality values used in the model bylaw are derived from the Provincial Water Quality Objectives (PWQO) and include a dilution factor of 15 to 5 times The standards include a note that the values and prohibitions are intended as trigger levels for further action Where a discharge exceeds a limit the municipality is to request the industry prepare andmiddot implement a Best Management Plan to address the stollT1water discharge The limits and prohibitions are also intended to apply to two cases only for runoff from an industrial process area and where material has been purposely added to the storm sewer as a method of disposal
The MOEs draft 1998 model sewer use bylaw was posted for comment but never finalized In middot this version the various prohibitions remain but the numerical limits are replaced with a statement that the discharge should notimpair the quality of the water in any well lake river pond spring stream reservoir or other water or watercoursemiddot The sections on sampling and analysis spills and offences and penalties also were reworded and a section added regarding discharger selfshymonitoring
The 2009 sewer use bylaw model applies only to sanitary and combined sewer works and does notapply to the Citysmiddot context The model bylaw does however have up-to-date definitions and clauses that may be of use for some of the Citys needs middot
In summary there is little useful guidance available from the provincial government on a bylaw middotmiddot template Recent bylaws from other jurisdictions are likely more useful Information regarding the
purpose of the limits and the dilution factor used in the derivation of the limits are used in the discussion below
54 Central Lake Ontario Conservation Authority
The CLOCAs mandate is to promote the conservation restoration development and management of natural resources in partnershipmiddot with local municipalities and the province Although the Citys bylaw will take priority over CLOCAs guidelines PGL reviewed CLOCAs information and talked to CLOCA about its objectives
middot CLOCAs stormwater requirements are found in Technical Guidelines for Stormwater Management Submissions CLOCA June 2007 revised March 2010 This document contains guidance regarding stormwater system design and CLOCA requirements Regarding water quality CLOCA uses guidance from the Ontario MOEs Stormwater Management Planning and Design Manual 2003 In this document there is a requirement that 70 to 80 of suspended solids be removed from a propertys stormwater discharge CLOCA provides other guidance
middot regarding infiltration erosion control and oil and grit separators Best management practicesmiddot discussed include reduced lot grading roof leaders discharging to areas of infiltration infiltration trenches grassed swales and pervious pipe and catch basin systems
CLOCA had two comments on the draft version of this report It shares the official policy of the Ontario Ministry of E11vironment and Fisheries and Oceans Canada with respect to applying dilution factors (ie it had concerns regarding the use of a dilution factor) CLOCA supports the implementation of options for action on non-compliance situations (ie pollution prevention plans or requirements for physical works)
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa PageS PGL File 2599-0101
55 Effects Based Guidelines
PGL compared the sewer use bylaw standards to commonly accepted effects-based guidelines (ie values that indicate possible adverse effects to aquatic life) Documents reviewed include
bull Water Management Policies Guidelines and Provincial Water Quality Objectives (commonly called PWQO) Ontario Ministry of Environment and Energy July 1994 reprinted 1999
middot bull Canadian Environmental Quality Guidelines Canadian Council of Ministers of the Environment (CCME) 1999 and last updated 2007
bull Great Lakes Water Quality Agreement of 1978 (GLWaA) last amended 1987 and bull Rationale for the Development of Soil and Ground Water Standards for Use at Contaminated
Sites in Ontario MOE December 22 2009 From this document the Aquatic Protection Values (APVs) were used for comparison
From these 1guidelines the PWQO is the most commonly used document in Ontario The other documents were used as reference or to support discussions and recommendations below
The CCME PWQO GLWQA and APV values indicate habitats that are acceptable for aquatic life These are considered chronic effect limits Some mixing and dilution will take place in the pipe before discharge to surface water and further mixing and dilution will take place in a receiving water body Reliance on a dilution factor to achieve standards in the receiving water body (ie to accommodate for mixing) is officially discouraged by both the MOE and Fisheries and Oceans Canada Discussions with the Region and MOE however indicate that they understand mixing is available for rainfall discharges (ie the use of dilution in the stream can be used) As a result of this practice we have also incorporated a dilution factor into our discussion below
Table 1 (attached) shows our comparison to the various effect-based standards Based on the common use of the PWQO we used this as a preliminary evaluation of limits Table A below shows discharge limits from the City or Region that exceed PWQO values
As a secondary screen of effect-based values PGL
1 Assumed a dilution factor of 5 times The MOE template bylaw allowed for a dilution factor of 15 to 5 times based on the compound and 5 seems reasonable given the allowance for dilution in the stream
2 Compared discharge limits to 5 times PWQO
3 Compared discharge limits to 5 times GCME values as these are more up to date than PWQOs
4 Compared discharge limits to 5 times APVs as these are the most up to date and are the values currently accepted by the MOE and
5 Highlighted compounds that exceeded any of the three comparisons above (bold and underlined in Table A)
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Table A Bylaw Values Exceeding PWQO
cadmium (ug1) 1
chromium (ug1) 200
copper (ug1) 10
lead (ug1) 50
mercury (total- ug1) 1
nickel (total - ug1) 50
silver (ug1) NS
zinc (ug1) 50
cyanide (ug1) NS
e-coli (colonies100 ml) 200
PCBs (ug1) NS
phenolics (ug1) NS
phosphorus (total ~ ug1) NS
1 2-dichlorobenzene (ug1) NS
14-dichlorobenzene (ug1) NS
toluene (ug1) NS
sect 02 0017
80 89 89
50 1-5 2-4
120 5-25 1-7
04 02 003
80 25 25-150
120 01 01
40 30 30
20 5 5
200 100 NS
04 0001 NS
sect 1 4
400 30 NS
56 25 07
68 4 26
2 08 20
021
64
69
2
077
39 -
012
89
52
NS
0014
961
NS
763
763
1400
1
80
50
10
04
80
NS
40
20
200
NS
NS
400
56
68
2
Notes NS =no standard ug1 =microgramgt per litre
Each of the compounds remaining was then evaluated on a case-by-case basis
bull Cadmium is soluble and toxic and there was no reason to deviate from the effect-based standards
bull The APV value for chromium is based on a 2008 US Environmental Protection Agency value and assumes a water hardness of 70mgl This hardness value represents relatively soft water and although high for rainfall is acceptable Since this is based on the most recent work it can be used and the Regio11s value is acceptable
bull The copper value may be toxicologically justified but is likely impractical to comply with Copper use is widespread and the use of the Regions value may be reasonable as a value that can be enforced Assuming a 10 times dilution factor in the pipe and stream would lead to a justifiable value of 50ugll as a discharge limit middot
bull Lead is not soluble under normal conditions but will solubilize with a reduced pH Given that lead in sediment is toxic to benthic invertebrates and in the food chain and given the common use of lead we recommend an effects-based standard The toxicity value is well justified
bull Silver discharges have typically been restricted due to its use in the photographic industry (ie film developing) Silver is highly insoluble and therefore would be expected in the sediment of discharges rather than the liquid The use of the Regions value may be
middot acceptable in cases with significant sediment Based on the difficulty of explaining the
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nuances of this difference between dissolved and total silver and the current lack of use of silver it is recommended to leave this value from the Citys list of parameters
bull CCME indicates that PCBs should not be treated as water quality parameter as the PCBs would be found primarily in sediment In addition the use of PCBs is very limited due to its restriction in the 1980s and there is no reason to believe this is a significant source of contamination to the Citys sewers Based on these two factors PGL recommends that PCB be left off of the Citys list of compounds -
bull The phenolics value exceeds 5 times the PWQO but is well below the APV value for phenol Phenolics is a broad analysis of various compounds and does notmiddot indicate a specific compound Based on the lack of specificity in the analysis PGL does not recommend the use of this value in the Citys list of compounds middot
bull The phosphorus level found in the PWQO was set to avoid nuisance algae blooms and to limit excessive plant growth in water bodies Phosphorus is not considered toxic in itself The Regions limit assumes a dilution factor of 13 times and this is likely acceptable given that stormwatermiddot emissions occur over short periods and the PWQO limit of 30ugJ is for a longshyterm average
In summary PGL believes that standards more stringent than the Regions should be used for cadmium and lead based on effects-based values The effects based value for copper is toxicologically justified but likely routinely exceeded because of the widespread use of copper and its solubility In this case the use of the Regions standards is likely appropriate for ease of implementation Silver and PCBs are not being used widely and would be found in sediment primarily We recommend that no standards be put in place for these Phenolics are a case where the testing does not represent toxicity and therefore should not be used Phosphorus is another case that is not related directly to toxicity however does reflect a water bodys health The Regions value is appropriate in this case
It is understood that many of the Regions limits were set based on 4 times the method detection limit for the City -of Toronto or Regions lab The limits were set some timemiddot in the past and current commercial labs can readily meet the PWQO values PGL believes that the 4 times method detection limit rationale is not technically justifiable at this time middot
Although there are toxicity concerns with cadmium and lead the City may still elect to use the Regions values for ease of implementation These values are widely used by other municipalities as seen on Table 1 and the MOE has no i(nmediate concerns with the values (conversation with Ted Belayneh Group Leader Surface Water) It should be noted however that the values will likely be reduced in the future as the trend in environmental protection is generally to lower standards particularly for these parameters
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
PGL contacted various municipalities i~ the Durham Region (Pickering Ajax Whitby and Clarington) to discuss their sewer use bylaws Of these municipalities only Ajax has a valid sewer use bylaw Their current bylaw is from 1972 and is considered significantly out of date Pickering has a one-page bylaw from the 1960s that is not being used Of the four municipalities consulted only Ajax is in the process of updating its current bylaw middot
The Town of Ajaxs draft sewer use bylaw limits are shown in Table 1 along with the Regions values As can be seen the values generally mirror the current Regions alues There are also numerous compounds included in the Town of Ajaxs list of values that are not part of the Citys or
IJPGL
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa PageS PGL File 2599-0101
Regions bylaws Discussions indicate that these were added to reflect industrial processes present in the Town of Ajaxs local jurisdiction It is PGLs recommendation not to adopt this expanded list of contaminants to facilitate implementation The expanded list would be largely captured in the bylaw with the list of prohibited materials
The draft Town of Ajax bylaw is the only other bylaw reviewed that was for stormwater only The text includes various items not found in the City of Oshawas bylaw These items are noted below and were considered in our evaluation of recommended changes
bull Options for action on non-compliance other than a Notice of Violation Options include imposing requirements for a study on stormwater quality or quantity modification or the construction of stormwater facilities implementing pollution prevention techniques and others Owners have 1 0 days to initiate compliance with these requirements
bull The ability to provide a limited time compliance program The compliance program may include discharges exceeding limits and is intended as a bridge toward full compliance (Le installation of a treatment facility or other modifications)
bull An option to require industrial occupants who exceed limits fail to comply with a compliance program or hav~ had spills to conduct a study of effects or to develop a pollution prevention plan
bull Requirements to install and maintain oil grease and sand interceptors for any owners who may discharge oil or sediment respectively
bull Requirements for construction activities and outdoor storage bull Sections on confidentiality and enforcement
57 Other Municipal and Regional Bylaws
PGL reviewed a number of cgtther sewer use bylaws In the selection of bylaws to review PGL focussed on recent bylaws or regions that are considered leaders in the management of water The values restricting discharges to the storm sewer are noted on Table 1 as well as the various prohibitions All of these bylaws include both stormwater and sanitary discharges The information noted below was used in our evaluation of recommended changes to the City of Oshawas bylaw
The bylaws reviewed consisted of sewer use bylaws from
bull Regional Municipality of York 2010 Draft bull City ofKingston 2008 bull City of Ottawa 2003 bull City of Toronto 2009 bull Regional Municipality of Waterloo 1992 bull City of London 2010 and bull Regional Municipality of Niagara 2008
With regards to the limits imposed on stormwater discharges the other cities and regions are relatively similar and consistent with the Region of Durham The middotCity of Waterloo is somewhat of an outlier and often has standards for stormwater discharges that are more stringent than other
- areas The Citys values are higher or lower than other areas with little consistency The Region of Durham Region of York and City of Toronto have values that are very similar with the only differences being that the Region has a higher limit than the City of Toronto for manganese The
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City of Toronto also has numerous organic compounds that are not included the Regions list of compounds
With regards to the text of the bylaw there are numerous differences between the various cities and regions The great majority of the bylaws have sections relating to definitions discharge requirements a prohibition of dilution agreements for discharges sampling and analytical requirements amiddot compliance program maintenance access points and requirements for interceptors The prohibition of dilution restricts people from diluting a waste to meet the bylaw requirements The compliance programs allow an industry to discharge waste out of compliance while it is taking steps to meet compliance middot
One area where various regions differ significantly is on the requirements made of industries The City of Toronto for example required Pollution Prevention Plans from almost all industries with an initial deadline of 2002 Other regions (ie York and Durham) have the ability to request Pollution Prevention Plans Waterloo and Kingston require waste survey reports while York Durham and Ottawa have the option to request them The only region or city with an option tQ prepare a Best Management Plan is Waterloo
Another area where there are significant differences is in the actions allowed if there are discharges over the limits prescribed In almost all cases a compliance plan is permitted to close the gap to compliance In Waterloos case the implementation of a Best Management Plan will allow for discharges Qutside of the prescribed limits In Yorks case a Pollution Prevention Plan may be required Kingston has no option other than compliance
Several but not all of the bylaws reviewed include language regarding the responsibilities for samplirig and monitoring York Niagara Toronto and Ottawa all indicate that sampling required
by the city or region is to be paid for by the owner
58 Best Management Practices
There are numerous best management practices (BMPs) that can be implemented to control the flow and quality of stormwater discharges Adopting a workable and up-to-date sewer use bylaw middotis one of the things that can be done to improve the environment and in this report PGL has several recommendations for how this can be done Other best management options include
bull Enforcement of sewer use bylaw bull Education of industries and the public This can be done through information sessions
developing materials for education or by labelling high risk catch pasins that discharge to surface water and fish habitat middot
bull Incorporating environmentally sound practices in the design and approval of stormwater management plans prepared by existing industries andor new developments These Low Impact Development features could include middot gt Volume Reduction - reduce and mitigate the total runoff volume caused by increased
urban development and subsequent increasing impervious areas and maximize the amount of runoff returned to shallow groundwater via recharge BMPs for volume reduction and maximizing recharge include ground infiltration systems (ie permeable pipes and catch basins rock drains) pervious pavement designs restrictor plates biofiltration swales and long-term storage in constructed wetlands or ponds
gt Water Quality Improvements - mitigate water quality impacts to fish habitat by collecting and treating fir8t flush events ofmiddot smaller storms and more frequent runoff events from impervious areas BMPs for water quality include biofiltration swales and constructed wetlands Oil and grit separators are also a way to improve water quality as many of the
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Storm Sewer Use Bylaw Evaluation Apr112011 The Corporation of the City of Oshawa Page 10 PGL File 2599-0101
contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
PGL
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Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
IPGL
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In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
PGL
lb
Storm Sewer Use Bylaw Evaluation Apri12011 The Corporation of the City of Oshawa Page 13 PGL File 2599-0101
added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
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639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
Report to the Development Item DS-12-278 Services Committee (Continued) -5- Meeting Date September 10 2012
of prohibited substances The proposed new by-law includes some new flexibility and allows a Discharger at the Citys sole discretion to prepare a compliance solution in a specific time frame without being charged
bull Clause 6 Sampling and Analysis
(i) This clause requires sampling and analysis by a property owner at its cost to determine any non-compliance
bull Clause 7 Spills
(i) The Spills Section is based on the Provincial model template and addresses the timing for reporting a spill the need for a detailed report on the spill and the clean-up of any spill and gives the City the authority to charge the property owner for any expenses incurred by the City associated with the spill
bull Clause 8 Pollution Prevention Plans
(i) This clause allows the City to require pollution prevention plans to deal with nonshycompliance andor repeat offences by a Discharger
bull Clause 9 Monitoring Maintenance Holes
(i) This clause requires a Maintenance Access for any site with one or more storm sewer or foundation drain connections to the Citys system
bull Clause 10 Confidential Information
(i) This clause includes the necessary statements regarding the confidentiality of information submitted to the City
bull Clause 11 Enforcement and Offences
(i) This clause sets out the enforcement framework for the by-law
bull Clause 12 Conflict
(i) This clause includes statements to deal with situations where there are conflicts between this By-law and other City By-laws
bull Clause 13 Severability
(i) This clause includes statements to protect the City in the event a part of the byshylaw is found to be illegal or inoperative
middot Report to the Development Item DS-12-278 Services Committee (Continued) -6- Meeting Date September 10 2012
bull Clause 14 Effective Date Repeal
(i) This clause repeals current By-law 95-95 and replaces it with the new By-law
bull Clause 15 Applicability of Regional By-law
(i) This clause clarifies that the Durham Consolidated Courthouse will continue to be required to comply with the Regional By-law
60 FINANCIAL IMPLICATIONS
)gt There are no significant financial implications associated with the Recommendation
)gt The cost of the public meeting and related notices can be accommodated within the Development Services Departments 2012 budget middot
)gt The total cost of the PGL Study was $10000 plus taxes financed through the 2010 Engineering Services operating budget
70 RESPONSE TO THE COMMUNITY STRATEGIC PLAN
gt Th Recommendation advances Goal B (A Green and Sustainable Community) of the ty Community Strategic Plan
~c-u bull ng~ P Eng Director ngineering Services
h~ns~ RPP ~ommissioner Development Services Department
GCc Attachments
6 lJ
~No hs_1z- 27 Attachment~ 1
Sewer Use Bylaw 95-95 Corporation of the City of Oshawa
Prepared for The Corporation of the City of Oshawa 50 Centre Street South OshawaON L1H 3Z7
Prepared by Pottinger Gaherty Environmental Consultants Ltd 83 Centre Street South OshawaON L1H4A1
PGL File 2599-0101
April2011
PGL
Executive Summary
Pottinger Gaherty Environmental Consultants Ltd (PGL) conducted an evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This bylaw is in place primarily to ensure themiddot efficient operation of the stormwater system and for the_ protection of themiddot natural environment This bylaw was last updated in 1995 and recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
The objectives of the evaluation were to
bull update the bylaw to the most recent practices and science bull ensure prot~ction of the naturaVaquatic environment bull harmonize the Citys bylaw with the Regions bylaw to the extent possible and bull consider best management practices that may be implemented by the City to improve
stormwater quality
To conduct the evaluation PGL reviewed middotthe current bylaw and numerous other bylaws from leadingmiddot municipalities and regions including the Region of Durham PGL also reviewed Ontario Ministry of Environment and federal guidance and discussed stormwater discharge issues with the Region of Durham and Central Lake Ontario Conservation Authority To evaluate stormwater quality criteria PGL assessed provincial and federal water quality guidelines and Region of Durham criteria Where Region of Durham criteria exceeded effect-based guidelines we evaluated each compound individually
The detailed evaluation is included in the attached report We recommend criteria for water quality restricted items various clauses and section changes and reviewed best management practices
PGL recommends the criteria for water quality noted in the table below In this table only two parameters vary from the Regions bylaw limits cadmium and lead For these parameters PGL recommends five times the provincial effect-based limit which assumes some dilution is available in the sewer pipe and stream We also recommend that Region of Durhams list of restricted middotand prohibited items be adopted Use of the proposed values and prohibitions will greatly simplify coordination of the bylaw
Recommended Values for Sewer Discharge Limits
temperature (max C) 40
pH max 9
pH min 6
15000 suspended solids (ug1)
arsenic (total- ug1) 20 cadmium (ug1) 1
chromium (ug1 80
copper (ug1) 50
lead (ug1) 10
manganese (total - ug1) 150
mercury (total - ug1) 04
nickel (total - ug1) 80
selenium (total - ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ugn) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml) 200
phosphorus (total P ug1) 400
total kjeldahl nitrogen (ug1) 1000
1122-tetrachloroethylene (ug1) 17
12-dichlorobenzene (ug1) 56
1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88
chloroform (ug1) 2
cis-12-dichloroethylene (ug1) 56
di-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene (ug1) 44
toluene (ug1) 2
trans-13-dichloropropylene (ug1) 56
trichloroethylene (ug1) 8
xylenes (total- ug1)) 44
Notes C =degrees Celsius ugn = micrograms per litre
The current City bylaw contains no options related to exceedences of bylaw limits or prohibited discharges The only option when this occurs now is for a Notice of Violation PGL recommends more options be available to address situations where dischargers cannot technically or costshyeffectively meet discharge limits We propose that the options include a Compliance Program to allowmiddot gradual compliance Where compliance is not feasiole a Pollution Prevention Plan
J PGL
approach should be allowed Pollution prevention plans seek to reduce non-compliant discharges that cannot be rectified completely
We also recommended that several sections be added or amended in the updated bylaw The sections are noted below These recommendations were made to improve the implementation of the bylaw
bull Updated Definitions
bull Prohibition of Dilution
bull Confidentiality bull Manholes
bull Interceptors
bull Sampling and Analysis
bull Authority to Investigate
middotFinally PGL recommends that the City implement best management practices to improve the quality and reduce the quantity of storm sewer discharges Many of these practices are likely already in place during the approvals process Pollution Prevention Plans are also considered a best management practice Actions that can be taken by the City of Oshawa include enforcement of the bylaw a maintenance program for the storm sewer system and education
PPGL
Table of Contents
10 Introduction bullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbullbullbullbullbullbullbullbull ~bullbullbullbullbullbullbullbullbullbullbullbullbull1
20 background bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
30 Objectivebullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
40 Work Program bullbullbullbullbullbullbullbullbullbullbullbullbullbullbull~bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
50 middot Findings 2
51 Regulatory Context middot 2
52 Comparison to Durham Region Sewer Use Bylaw 3
53 Bylaw Templates 3
54 Central Lake Ontario Conservation Authority 4
55 Effects Based Guidelines 5
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
57 Other Municipal and Regional Bylaws 8
58 Best Management Practices 9
60 Discussion 1 0
61 Values to Limit Discharges 10
62 Actions Taken When Non-compliance Occurs 12
63 Recommended Clauses or Sections for a Future Bylaw 12
631 Defh1itions 12
632 Prohibition of Dilution12
633 Confidentiality 13
634 Manholes 13
635 lnterceptors13
636 Sampling and Analysis 13
637 Authority to Investigate 13
638 Construction Controls 13
639 Foundation Drains 14
64 Best Management Practices 14
70 Standard Limitations bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbull 14
TABLES
In Text Table A Bylaw Values Exceeding PWQO 6 Table B Recommended Values for Sewer Discharge Limits 11
Appended Table 1 Comparison of Stormwater Discharge Limits
APV BMP CCME City CLOCA GLWQA
MOE PGL
PWQO
Region
List of Acronyms
Aquatic Protection Values
best mangement practice
Canadian Council of Ministers of the Environment
Corporation of the City of Oshawa
Central Lake Ontario Conservation Authority
Great Lakes Water Quality Agreement
Ontario Ministry of Environment
Pottinger Gaherty Environmental Consultants Ltd
Provincial Water Quality Objective
Region of Durham
PGL
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page1 PGL File 2599-0101
10 INTRODUCTION c
c
Pottinger Gaherty middotEnvironmental Consultants Ltd (PGL) is pleased to provide our evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This report has been prepared to document our work findings and recommendations
20 BACKGROUND
The City has a sewer use bylaw regulating discharges to the municipal storm sewers This bylaw is in place primarily to ensure the efficient operation of the system and for the protection of the natural environment This bylaw was last updated in 1995 Recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
30 OBJECTIVE
The evaluation was conduded
bull to update the bylaw to the most recent pradices and science bull to ensure protedion of the naturalaquatic environment and bull to harmonize the Citys bylaw with the Regions bylaw to the extent possible
PGL was also asked to consider best management pradices that may be implemented by the City to improve stormwater quality
40 WORK PROGRAM
middotTo meet the objedives noted above PGL designed a work program to evaluate the Citys bylaw against the various other bylaws and effeds-based standards and guidelines Specifically PGL
1 Met with the City to clarify needs and current practices
2 Met with the Region of Durham to identify the rationale behind some of its bylaw components middot
3 Met with the Central Lake Ontario Conservation Authority (CLOCA) to discuss its perspedive on stormwater and environmental prot~ction
4 Contacted the various municipalities in Durham Regionmiddot to determine if they have a sewer use bylaw or if they are currently working to revise their bylaws
5 Reviewed similar bylaws from the Region of Durham Durham Region municipalities and other Ontario municipalities that are considered leaders middotin environmental protection (ie Regional MunicipalitY of Niagara City of London Regional Municipality of Waterloo City of Toronto City of Ottawa City of Kingston and Regional Municipality of York)
6 Compared numerical and qualitative standards from the Region of Durhilm and various regions and municipalities with the City standards
7 Compared effed-based standards (ie Provincial Water Quality Objectives Canadian Water Quality Guidelines for the Protedion of Aquatic Life Great Lakes Water Quality Agreement Aquatic Protedion Values) with the City and Region standards
8 Evaluated best management practices and their applicability to the City of Oshawas situation
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9 Proposed modifications to the current bylaw that update standards and various management components
10 Met with the City Region and CLOCA to discuss our findings and recommendations and
11 Prepared a draft report of our findings and incorporated comments from the City Region and CLOCA and
12 Prepared this final report of our findings
50 FINDINGS
The findings are discussed in categories related to our work completed Each set of findings are evaluated and discussed Many of the sewer use bylaws apply to both sanitary and storm sewers As Oshawas bylaw relates to storm sewers only PGL only evaluated the storm sewer components of each bylaw The findings discussed here are then used in our discussion section to make recommendations for modifications to the Citys bylaw
51 Regulatory Context
To understand the various limits and values relating to environmental effects PGL has summarized some of the applicable legislation Information from this section is used later in the report when we evaluate proposed bylaw limits The provincial statues apply to surface water in the City as do federal requirements because of the fact that surface water is considered fish habitat
The federal Fisheries Act prohibits the deposit of a deleterious substance of any type in water frequented by fish or in any place under any Conditions where the deleterious substance or any
middotother deleterious substance that results from the deposit of the deleterious substance may enter any such water (subsection 36(3)) Any substance with a potentially harmful chemical physical or biological effect on fish or fish habitat is considered to be deleterious
Section 30(1) of the Ontario Water Resources Act states that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters is guilty of an offence
The Ontario Environmental Protection Act provides the legislative authority to limit the discharge of contaminants to the natural environment Section 14(1) of the Ontario Environmental Protection Act (RSO 1990) states that a person shall not discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment if the discharge causes or may cause an adverse effect Section 1 (1) of the same act defines adverse effect as one or more of (a) impairment of the quality of the natural environment for any use that can be made of it (b) injury or damage to property or to plant or animal life (c) harm or material discomfort to any person (d) an adverse effect on the health of any person (e) impairment of the safety of any person (f) rendering any property or plant or animal life unfit for use by man (g) loss of enjoyment of normal use of property ancf (h) interference with the normal conduct of business
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52 Comparison to Durham Region Sewer Use Bylaw
PGL compared the City and the Regions sewer use bylaws to evaluate significant differences The Regions bylaw (Bylaw 43-2004) was last revised in June-2009 Changes to the Regions bylaw are being considered and we also discuss differences with the draft concepts The revised changes will have no effect on stormwater discharge criteria
Table 1 (appended) shows a comparison of the City and Region bylaws with respect to storm sewer discharge values There are numerous cases where there are no City values and Regional values exist There is no consistency with respect to the quantitative limits (ie there are instances where the City is more stringent and cases were the Region is more stringent)
PGL obtained information regarding the rationale for the various limits from Simon Beacock Group Leader Region of Durham Sewer Use Bylaw Office The information indicates that most values are taken from the City of Toronto bylaw or are four times the City of Toronto or Regions detection limits for its lab Mr Beacock indicated that the values used have been accepted by the Municipal Sewer Use Group whose members include the Region of Durham Region of York City of Toronto and other municipalities or regions
Table 1 also shows a comparison of the list of restricted items for discharge to the storm sewer (qualitative items) The Regions list is more extensive than the Citys but the Citys items are all found within the Regions list For ease of implementation PGL recommends the Citys list mirror the Regions asit is mor~ complete
There are also severaJ sections of the Regions bylaw that differ from the Citys There are definitions that vary from the Regions however many of these are due to the fact that the Citys bylaw does not include sanitary sewer discharges The Region also includes sections on foundation drain connections oil grease and sand interceptors a prohibition of dilution agreements compliance programs Pollution Prevention Plans applications for waste discharge and surveys and several general categories Some of these sections could be incorporated in the Citys updated bylaw as appropriate as discussed in Section 63
PGL discussed the implementation of and changes to Durham Regions Sewer Use Bylaw with Simon Beacock He indicated that although the bylaw includes the option to require a pollution prevention plan or connection permits with a waste survey these are not being implemented The need for connection permits will likely be removed in the future bylaw The Region finds that enforcement of these sections is often not practical and it is focussed on education rather than enforcement The Region has developed pollution prevention plans for numerous industries that are known to commonly discharge wastes above the limits
The Region of Durham had no comments on our draft report --- middotmiddotmiddot
63 Bylaw Templates
There are three model sewer use bylaws in Ontario
1 Model Sewer Use Bylaw Ontario Ministry of Environment August 1988 was reprinted in middot October 1989
2 Model Sewer Use Bylaw DRAFT only Ontario Ministry of Environment 1998 and
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Pag4PGL File 2599-0101
3 Model Sewer Use Bylaw Guidance Document Marbek Resource Consultants Ltd submitted to Canadian Council of Ministers of Environment February 2009
In an effort to promote the development of sewer use bylaws the Ontario Ministry of Environment (MOE) published a template bylaw in 1988 This template is the model used by the City of Oshawa for the development of its current bylaw Many of the quantitative water quality values used in the model bylaw are derived from the Provincial Water Quality Objectives (PWQO) and include a dilution factor of 15 to 5 times The standards include a note that the values and prohibitions are intended as trigger levels for further action Where a discharge exceeds a limit the municipality is to request the industry prepare andmiddot implement a Best Management Plan to address the stollT1water discharge The limits and prohibitions are also intended to apply to two cases only for runoff from an industrial process area and where material has been purposely added to the storm sewer as a method of disposal
The MOEs draft 1998 model sewer use bylaw was posted for comment but never finalized In middot this version the various prohibitions remain but the numerical limits are replaced with a statement that the discharge should notimpair the quality of the water in any well lake river pond spring stream reservoir or other water or watercoursemiddot The sections on sampling and analysis spills and offences and penalties also were reworded and a section added regarding discharger selfshymonitoring
The 2009 sewer use bylaw model applies only to sanitary and combined sewer works and does notapply to the Citysmiddot context The model bylaw does however have up-to-date definitions and clauses that may be of use for some of the Citys needs middot
In summary there is little useful guidance available from the provincial government on a bylaw middotmiddot template Recent bylaws from other jurisdictions are likely more useful Information regarding the
purpose of the limits and the dilution factor used in the derivation of the limits are used in the discussion below
54 Central Lake Ontario Conservation Authority
The CLOCAs mandate is to promote the conservation restoration development and management of natural resources in partnershipmiddot with local municipalities and the province Although the Citys bylaw will take priority over CLOCAs guidelines PGL reviewed CLOCAs information and talked to CLOCA about its objectives
middot CLOCAs stormwater requirements are found in Technical Guidelines for Stormwater Management Submissions CLOCA June 2007 revised March 2010 This document contains guidance regarding stormwater system design and CLOCA requirements Regarding water quality CLOCA uses guidance from the Ontario MOEs Stormwater Management Planning and Design Manual 2003 In this document there is a requirement that 70 to 80 of suspended solids be removed from a propertys stormwater discharge CLOCA provides other guidance
middot regarding infiltration erosion control and oil and grit separators Best management practicesmiddot discussed include reduced lot grading roof leaders discharging to areas of infiltration infiltration trenches grassed swales and pervious pipe and catch basin systems
CLOCA had two comments on the draft version of this report It shares the official policy of the Ontario Ministry of E11vironment and Fisheries and Oceans Canada with respect to applying dilution factors (ie it had concerns regarding the use of a dilution factor) CLOCA supports the implementation of options for action on non-compliance situations (ie pollution prevention plans or requirements for physical works)
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55 Effects Based Guidelines
PGL compared the sewer use bylaw standards to commonly accepted effects-based guidelines (ie values that indicate possible adverse effects to aquatic life) Documents reviewed include
bull Water Management Policies Guidelines and Provincial Water Quality Objectives (commonly called PWQO) Ontario Ministry of Environment and Energy July 1994 reprinted 1999
middot bull Canadian Environmental Quality Guidelines Canadian Council of Ministers of the Environment (CCME) 1999 and last updated 2007
bull Great Lakes Water Quality Agreement of 1978 (GLWaA) last amended 1987 and bull Rationale for the Development of Soil and Ground Water Standards for Use at Contaminated
Sites in Ontario MOE December 22 2009 From this document the Aquatic Protection Values (APVs) were used for comparison
From these 1guidelines the PWQO is the most commonly used document in Ontario The other documents were used as reference or to support discussions and recommendations below
The CCME PWQO GLWQA and APV values indicate habitats that are acceptable for aquatic life These are considered chronic effect limits Some mixing and dilution will take place in the pipe before discharge to surface water and further mixing and dilution will take place in a receiving water body Reliance on a dilution factor to achieve standards in the receiving water body (ie to accommodate for mixing) is officially discouraged by both the MOE and Fisheries and Oceans Canada Discussions with the Region and MOE however indicate that they understand mixing is available for rainfall discharges (ie the use of dilution in the stream can be used) As a result of this practice we have also incorporated a dilution factor into our discussion below
Table 1 (attached) shows our comparison to the various effect-based standards Based on the common use of the PWQO we used this as a preliminary evaluation of limits Table A below shows discharge limits from the City or Region that exceed PWQO values
As a secondary screen of effect-based values PGL
1 Assumed a dilution factor of 5 times The MOE template bylaw allowed for a dilution factor of 15 to 5 times based on the compound and 5 seems reasonable given the allowance for dilution in the stream
2 Compared discharge limits to 5 times PWQO
3 Compared discharge limits to 5 times GCME values as these are more up to date than PWQOs
4 Compared discharge limits to 5 times APVs as these are the most up to date and are the values currently accepted by the MOE and
5 Highlighted compounds that exceeded any of the three comparisons above (bold and underlined in Table A)
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Table A Bylaw Values Exceeding PWQO
cadmium (ug1) 1
chromium (ug1) 200
copper (ug1) 10
lead (ug1) 50
mercury (total- ug1) 1
nickel (total - ug1) 50
silver (ug1) NS
zinc (ug1) 50
cyanide (ug1) NS
e-coli (colonies100 ml) 200
PCBs (ug1) NS
phenolics (ug1) NS
phosphorus (total ~ ug1) NS
1 2-dichlorobenzene (ug1) NS
14-dichlorobenzene (ug1) NS
toluene (ug1) NS
sect 02 0017
80 89 89
50 1-5 2-4
120 5-25 1-7
04 02 003
80 25 25-150
120 01 01
40 30 30
20 5 5
200 100 NS
04 0001 NS
sect 1 4
400 30 NS
56 25 07
68 4 26
2 08 20
021
64
69
2
077
39 -
012
89
52
NS
0014
961
NS
763
763
1400
1
80
50
10
04
80
NS
40
20
200
NS
NS
400
56
68
2
Notes NS =no standard ug1 =microgramgt per litre
Each of the compounds remaining was then evaluated on a case-by-case basis
bull Cadmium is soluble and toxic and there was no reason to deviate from the effect-based standards
bull The APV value for chromium is based on a 2008 US Environmental Protection Agency value and assumes a water hardness of 70mgl This hardness value represents relatively soft water and although high for rainfall is acceptable Since this is based on the most recent work it can be used and the Regio11s value is acceptable
bull The copper value may be toxicologically justified but is likely impractical to comply with Copper use is widespread and the use of the Regions value may be reasonable as a value that can be enforced Assuming a 10 times dilution factor in the pipe and stream would lead to a justifiable value of 50ugll as a discharge limit middot
bull Lead is not soluble under normal conditions but will solubilize with a reduced pH Given that lead in sediment is toxic to benthic invertebrates and in the food chain and given the common use of lead we recommend an effects-based standard The toxicity value is well justified
bull Silver discharges have typically been restricted due to its use in the photographic industry (ie film developing) Silver is highly insoluble and therefore would be expected in the sediment of discharges rather than the liquid The use of the Regions value may be
middot acceptable in cases with significant sediment Based on the difficulty of explaining the
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page7 PGL File 2599-0101
nuances of this difference between dissolved and total silver and the current lack of use of silver it is recommended to leave this value from the Citys list of parameters
bull CCME indicates that PCBs should not be treated as water quality parameter as the PCBs would be found primarily in sediment In addition the use of PCBs is very limited due to its restriction in the 1980s and there is no reason to believe this is a significant source of contamination to the Citys sewers Based on these two factors PGL recommends that PCB be left off of the Citys list of compounds -
bull The phenolics value exceeds 5 times the PWQO but is well below the APV value for phenol Phenolics is a broad analysis of various compounds and does notmiddot indicate a specific compound Based on the lack of specificity in the analysis PGL does not recommend the use of this value in the Citys list of compounds middot
bull The phosphorus level found in the PWQO was set to avoid nuisance algae blooms and to limit excessive plant growth in water bodies Phosphorus is not considered toxic in itself The Regions limit assumes a dilution factor of 13 times and this is likely acceptable given that stormwatermiddot emissions occur over short periods and the PWQO limit of 30ugJ is for a longshyterm average
In summary PGL believes that standards more stringent than the Regions should be used for cadmium and lead based on effects-based values The effects based value for copper is toxicologically justified but likely routinely exceeded because of the widespread use of copper and its solubility In this case the use of the Regions standards is likely appropriate for ease of implementation Silver and PCBs are not being used widely and would be found in sediment primarily We recommend that no standards be put in place for these Phenolics are a case where the testing does not represent toxicity and therefore should not be used Phosphorus is another case that is not related directly to toxicity however does reflect a water bodys health The Regions value is appropriate in this case
It is understood that many of the Regions limits were set based on 4 times the method detection limit for the City -of Toronto or Regions lab The limits were set some timemiddot in the past and current commercial labs can readily meet the PWQO values PGL believes that the 4 times method detection limit rationale is not technically justifiable at this time middot
Although there are toxicity concerns with cadmium and lead the City may still elect to use the Regions values for ease of implementation These values are widely used by other municipalities as seen on Table 1 and the MOE has no i(nmediate concerns with the values (conversation with Ted Belayneh Group Leader Surface Water) It should be noted however that the values will likely be reduced in the future as the trend in environmental protection is generally to lower standards particularly for these parameters
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
PGL contacted various municipalities i~ the Durham Region (Pickering Ajax Whitby and Clarington) to discuss their sewer use bylaws Of these municipalities only Ajax has a valid sewer use bylaw Their current bylaw is from 1972 and is considered significantly out of date Pickering has a one-page bylaw from the 1960s that is not being used Of the four municipalities consulted only Ajax is in the process of updating its current bylaw middot
The Town of Ajaxs draft sewer use bylaw limits are shown in Table 1 along with the Regions values As can be seen the values generally mirror the current Regions alues There are also numerous compounds included in the Town of Ajaxs list of values that are not part of the Citys or
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Regions bylaws Discussions indicate that these were added to reflect industrial processes present in the Town of Ajaxs local jurisdiction It is PGLs recommendation not to adopt this expanded list of contaminants to facilitate implementation The expanded list would be largely captured in the bylaw with the list of prohibited materials
The draft Town of Ajax bylaw is the only other bylaw reviewed that was for stormwater only The text includes various items not found in the City of Oshawas bylaw These items are noted below and were considered in our evaluation of recommended changes
bull Options for action on non-compliance other than a Notice of Violation Options include imposing requirements for a study on stormwater quality or quantity modification or the construction of stormwater facilities implementing pollution prevention techniques and others Owners have 1 0 days to initiate compliance with these requirements
bull The ability to provide a limited time compliance program The compliance program may include discharges exceeding limits and is intended as a bridge toward full compliance (Le installation of a treatment facility or other modifications)
bull An option to require industrial occupants who exceed limits fail to comply with a compliance program or hav~ had spills to conduct a study of effects or to develop a pollution prevention plan
bull Requirements to install and maintain oil grease and sand interceptors for any owners who may discharge oil or sediment respectively
bull Requirements for construction activities and outdoor storage bull Sections on confidentiality and enforcement
57 Other Municipal and Regional Bylaws
PGL reviewed a number of cgtther sewer use bylaws In the selection of bylaws to review PGL focussed on recent bylaws or regions that are considered leaders in the management of water The values restricting discharges to the storm sewer are noted on Table 1 as well as the various prohibitions All of these bylaws include both stormwater and sanitary discharges The information noted below was used in our evaluation of recommended changes to the City of Oshawas bylaw
The bylaws reviewed consisted of sewer use bylaws from
bull Regional Municipality of York 2010 Draft bull City ofKingston 2008 bull City of Ottawa 2003 bull City of Toronto 2009 bull Regional Municipality of Waterloo 1992 bull City of London 2010 and bull Regional Municipality of Niagara 2008
With regards to the limits imposed on stormwater discharges the other cities and regions are relatively similar and consistent with the Region of Durham The middotCity of Waterloo is somewhat of an outlier and often has standards for stormwater discharges that are more stringent than other
- areas The Citys values are higher or lower than other areas with little consistency The Region of Durham Region of York and City of Toronto have values that are very similar with the only differences being that the Region has a higher limit than the City of Toronto for manganese The
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City of Toronto also has numerous organic compounds that are not included the Regions list of compounds
With regards to the text of the bylaw there are numerous differences between the various cities and regions The great majority of the bylaws have sections relating to definitions discharge requirements a prohibition of dilution agreements for discharges sampling and analytical requirements amiddot compliance program maintenance access points and requirements for interceptors The prohibition of dilution restricts people from diluting a waste to meet the bylaw requirements The compliance programs allow an industry to discharge waste out of compliance while it is taking steps to meet compliance middot
One area where various regions differ significantly is on the requirements made of industries The City of Toronto for example required Pollution Prevention Plans from almost all industries with an initial deadline of 2002 Other regions (ie York and Durham) have the ability to request Pollution Prevention Plans Waterloo and Kingston require waste survey reports while York Durham and Ottawa have the option to request them The only region or city with an option tQ prepare a Best Management Plan is Waterloo
Another area where there are significant differences is in the actions allowed if there are discharges over the limits prescribed In almost all cases a compliance plan is permitted to close the gap to compliance In Waterloos case the implementation of a Best Management Plan will allow for discharges Qutside of the prescribed limits In Yorks case a Pollution Prevention Plan may be required Kingston has no option other than compliance
Several but not all of the bylaws reviewed include language regarding the responsibilities for samplirig and monitoring York Niagara Toronto and Ottawa all indicate that sampling required
by the city or region is to be paid for by the owner
58 Best Management Practices
There are numerous best management practices (BMPs) that can be implemented to control the flow and quality of stormwater discharges Adopting a workable and up-to-date sewer use bylaw middotis one of the things that can be done to improve the environment and in this report PGL has several recommendations for how this can be done Other best management options include
bull Enforcement of sewer use bylaw bull Education of industries and the public This can be done through information sessions
developing materials for education or by labelling high risk catch pasins that discharge to surface water and fish habitat middot
bull Incorporating environmentally sound practices in the design and approval of stormwater management plans prepared by existing industries andor new developments These Low Impact Development features could include middot gt Volume Reduction - reduce and mitigate the total runoff volume caused by increased
urban development and subsequent increasing impervious areas and maximize the amount of runoff returned to shallow groundwater via recharge BMPs for volume reduction and maximizing recharge include ground infiltration systems (ie permeable pipes and catch basins rock drains) pervious pavement designs restrictor plates biofiltration swales and long-term storage in constructed wetlands or ponds
gt Water Quality Improvements - mitigate water quality impacts to fish habitat by collecting and treating fir8t flush events ofmiddot smaller storms and more frequent runoff events from impervious areas BMPs for water quality include biofiltration swales and constructed wetlands Oil and grit separators are also a way to improve water quality as many of the
PGL
Storm Sewer Use Bylaw Evaluation Apr112011 The Corporation of the City of Oshawa Page 10 PGL File 2599-0101
contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
PGL
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page 11 PGL File 2599-0101
Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
IPGL
71
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page12 PGL File 2599-0101
In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
PGL
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Storm Sewer Use Bylaw Evaluation Apri12011 The Corporation of the City of Oshawa Page 13 PGL File 2599-0101
added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
PGL
Storm Sewer Use Bylaw Evaluation Aprll2011 The Corporation of the City of Oshawa Page 14 PGL File 25990101
639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
middot Report to the Development Item DS-12-278 Services Committee (Continued) -6- Meeting Date September 10 2012
bull Clause 14 Effective Date Repeal
(i) This clause repeals current By-law 95-95 and replaces it with the new By-law
bull Clause 15 Applicability of Regional By-law
(i) This clause clarifies that the Durham Consolidated Courthouse will continue to be required to comply with the Regional By-law
60 FINANCIAL IMPLICATIONS
)gt There are no significant financial implications associated with the Recommendation
)gt The cost of the public meeting and related notices can be accommodated within the Development Services Departments 2012 budget middot
)gt The total cost of the PGL Study was $10000 plus taxes financed through the 2010 Engineering Services operating budget
70 RESPONSE TO THE COMMUNITY STRATEGIC PLAN
gt Th Recommendation advances Goal B (A Green and Sustainable Community) of the ty Community Strategic Plan
~c-u bull ng~ P Eng Director ngineering Services
h~ns~ RPP ~ommissioner Development Services Department
GCc Attachments
6 lJ
~No hs_1z- 27 Attachment~ 1
Sewer Use Bylaw 95-95 Corporation of the City of Oshawa
Prepared for The Corporation of the City of Oshawa 50 Centre Street South OshawaON L1H 3Z7
Prepared by Pottinger Gaherty Environmental Consultants Ltd 83 Centre Street South OshawaON L1H4A1
PGL File 2599-0101
April2011
PGL
Executive Summary
Pottinger Gaherty Environmental Consultants Ltd (PGL) conducted an evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This bylaw is in place primarily to ensure themiddot efficient operation of the stormwater system and for the_ protection of themiddot natural environment This bylaw was last updated in 1995 and recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
The objectives of the evaluation were to
bull update the bylaw to the most recent practices and science bull ensure prot~ction of the naturaVaquatic environment bull harmonize the Citys bylaw with the Regions bylaw to the extent possible and bull consider best management practices that may be implemented by the City to improve
stormwater quality
To conduct the evaluation PGL reviewed middotthe current bylaw and numerous other bylaws from leadingmiddot municipalities and regions including the Region of Durham PGL also reviewed Ontario Ministry of Environment and federal guidance and discussed stormwater discharge issues with the Region of Durham and Central Lake Ontario Conservation Authority To evaluate stormwater quality criteria PGL assessed provincial and federal water quality guidelines and Region of Durham criteria Where Region of Durham criteria exceeded effect-based guidelines we evaluated each compound individually
The detailed evaluation is included in the attached report We recommend criteria for water quality restricted items various clauses and section changes and reviewed best management practices
PGL recommends the criteria for water quality noted in the table below In this table only two parameters vary from the Regions bylaw limits cadmium and lead For these parameters PGL recommends five times the provincial effect-based limit which assumes some dilution is available in the sewer pipe and stream We also recommend that Region of Durhams list of restricted middotand prohibited items be adopted Use of the proposed values and prohibitions will greatly simplify coordination of the bylaw
Recommended Values for Sewer Discharge Limits
temperature (max C) 40
pH max 9
pH min 6
15000 suspended solids (ug1)
arsenic (total- ug1) 20 cadmium (ug1) 1
chromium (ug1 80
copper (ug1) 50
lead (ug1) 10
manganese (total - ug1) 150
mercury (total - ug1) 04
nickel (total - ug1) 80
selenium (total - ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ugn) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml) 200
phosphorus (total P ug1) 400
total kjeldahl nitrogen (ug1) 1000
1122-tetrachloroethylene (ug1) 17
12-dichlorobenzene (ug1) 56
1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88
chloroform (ug1) 2
cis-12-dichloroethylene (ug1) 56
di-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene (ug1) 44
toluene (ug1) 2
trans-13-dichloropropylene (ug1) 56
trichloroethylene (ug1) 8
xylenes (total- ug1)) 44
Notes C =degrees Celsius ugn = micrograms per litre
The current City bylaw contains no options related to exceedences of bylaw limits or prohibited discharges The only option when this occurs now is for a Notice of Violation PGL recommends more options be available to address situations where dischargers cannot technically or costshyeffectively meet discharge limits We propose that the options include a Compliance Program to allowmiddot gradual compliance Where compliance is not feasiole a Pollution Prevention Plan
J PGL
approach should be allowed Pollution prevention plans seek to reduce non-compliant discharges that cannot be rectified completely
We also recommended that several sections be added or amended in the updated bylaw The sections are noted below These recommendations were made to improve the implementation of the bylaw
bull Updated Definitions
bull Prohibition of Dilution
bull Confidentiality bull Manholes
bull Interceptors
bull Sampling and Analysis
bull Authority to Investigate
middotFinally PGL recommends that the City implement best management practices to improve the quality and reduce the quantity of storm sewer discharges Many of these practices are likely already in place during the approvals process Pollution Prevention Plans are also considered a best management practice Actions that can be taken by the City of Oshawa include enforcement of the bylaw a maintenance program for the storm sewer system and education
PPGL
Table of Contents
10 Introduction bullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbullbullbullbullbullbullbullbull ~bullbullbullbullbullbullbullbullbullbullbullbullbull1
20 background bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
30 Objectivebullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
40 Work Program bullbullbullbullbullbullbullbullbullbullbullbullbullbullbull~bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
50 middot Findings 2
51 Regulatory Context middot 2
52 Comparison to Durham Region Sewer Use Bylaw 3
53 Bylaw Templates 3
54 Central Lake Ontario Conservation Authority 4
55 Effects Based Guidelines 5
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
57 Other Municipal and Regional Bylaws 8
58 Best Management Practices 9
60 Discussion 1 0
61 Values to Limit Discharges 10
62 Actions Taken When Non-compliance Occurs 12
63 Recommended Clauses or Sections for a Future Bylaw 12
631 Defh1itions 12
632 Prohibition of Dilution12
633 Confidentiality 13
634 Manholes 13
635 lnterceptors13
636 Sampling and Analysis 13
637 Authority to Investigate 13
638 Construction Controls 13
639 Foundation Drains 14
64 Best Management Practices 14
70 Standard Limitations bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbull 14
TABLES
In Text Table A Bylaw Values Exceeding PWQO 6 Table B Recommended Values for Sewer Discharge Limits 11
Appended Table 1 Comparison of Stormwater Discharge Limits
APV BMP CCME City CLOCA GLWQA
MOE PGL
PWQO
Region
List of Acronyms
Aquatic Protection Values
best mangement practice
Canadian Council of Ministers of the Environment
Corporation of the City of Oshawa
Central Lake Ontario Conservation Authority
Great Lakes Water Quality Agreement
Ontario Ministry of Environment
Pottinger Gaherty Environmental Consultants Ltd
Provincial Water Quality Objective
Region of Durham
PGL
6u
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page1 PGL File 2599-0101
10 INTRODUCTION c
c
Pottinger Gaherty middotEnvironmental Consultants Ltd (PGL) is pleased to provide our evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This report has been prepared to document our work findings and recommendations
20 BACKGROUND
The City has a sewer use bylaw regulating discharges to the municipal storm sewers This bylaw is in place primarily to ensure the efficient operation of the system and for the protection of the natural environment This bylaw was last updated in 1995 Recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
30 OBJECTIVE
The evaluation was conduded
bull to update the bylaw to the most recent pradices and science bull to ensure protedion of the naturalaquatic environment and bull to harmonize the Citys bylaw with the Regions bylaw to the extent possible
PGL was also asked to consider best management pradices that may be implemented by the City to improve stormwater quality
40 WORK PROGRAM
middotTo meet the objedives noted above PGL designed a work program to evaluate the Citys bylaw against the various other bylaws and effeds-based standards and guidelines Specifically PGL
1 Met with the City to clarify needs and current practices
2 Met with the Region of Durham to identify the rationale behind some of its bylaw components middot
3 Met with the Central Lake Ontario Conservation Authority (CLOCA) to discuss its perspedive on stormwater and environmental prot~ction
4 Contacted the various municipalities in Durham Regionmiddot to determine if they have a sewer use bylaw or if they are currently working to revise their bylaws
5 Reviewed similar bylaws from the Region of Durham Durham Region municipalities and other Ontario municipalities that are considered leaders middotin environmental protection (ie Regional MunicipalitY of Niagara City of London Regional Municipality of Waterloo City of Toronto City of Ottawa City of Kingston and Regional Municipality of York)
6 Compared numerical and qualitative standards from the Region of Durhilm and various regions and municipalities with the City standards
7 Compared effed-based standards (ie Provincial Water Quality Objectives Canadian Water Quality Guidelines for the Protedion of Aquatic Life Great Lakes Water Quality Agreement Aquatic Protedion Values) with the City and Region standards
8 Evaluated best management practices and their applicability to the City of Oshawas situation
iiPGL
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page2 PGL File 2599-0101
9 Proposed modifications to the current bylaw that update standards and various management components
10 Met with the City Region and CLOCA to discuss our findings and recommendations and
11 Prepared a draft report of our findings and incorporated comments from the City Region and CLOCA and
12 Prepared this final report of our findings
50 FINDINGS
The findings are discussed in categories related to our work completed Each set of findings are evaluated and discussed Many of the sewer use bylaws apply to both sanitary and storm sewers As Oshawas bylaw relates to storm sewers only PGL only evaluated the storm sewer components of each bylaw The findings discussed here are then used in our discussion section to make recommendations for modifications to the Citys bylaw
51 Regulatory Context
To understand the various limits and values relating to environmental effects PGL has summarized some of the applicable legislation Information from this section is used later in the report when we evaluate proposed bylaw limits The provincial statues apply to surface water in the City as do federal requirements because of the fact that surface water is considered fish habitat
The federal Fisheries Act prohibits the deposit of a deleterious substance of any type in water frequented by fish or in any place under any Conditions where the deleterious substance or any
middotother deleterious substance that results from the deposit of the deleterious substance may enter any such water (subsection 36(3)) Any substance with a potentially harmful chemical physical or biological effect on fish or fish habitat is considered to be deleterious
Section 30(1) of the Ontario Water Resources Act states that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters is guilty of an offence
The Ontario Environmental Protection Act provides the legislative authority to limit the discharge of contaminants to the natural environment Section 14(1) of the Ontario Environmental Protection Act (RSO 1990) states that a person shall not discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment if the discharge causes or may cause an adverse effect Section 1 (1) of the same act defines adverse effect as one or more of (a) impairment of the quality of the natural environment for any use that can be made of it (b) injury or damage to property or to plant or animal life (c) harm or material discomfort to any person (d) an adverse effect on the health of any person (e) impairment of the safety of any person (f) rendering any property or plant or animal life unfit for use by man (g) loss of enjoyment of normal use of property ancf (h) interference with the normal conduct of business
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52 Comparison to Durham Region Sewer Use Bylaw
PGL compared the City and the Regions sewer use bylaws to evaluate significant differences The Regions bylaw (Bylaw 43-2004) was last revised in June-2009 Changes to the Regions bylaw are being considered and we also discuss differences with the draft concepts The revised changes will have no effect on stormwater discharge criteria
Table 1 (appended) shows a comparison of the City and Region bylaws with respect to storm sewer discharge values There are numerous cases where there are no City values and Regional values exist There is no consistency with respect to the quantitative limits (ie there are instances where the City is more stringent and cases were the Region is more stringent)
PGL obtained information regarding the rationale for the various limits from Simon Beacock Group Leader Region of Durham Sewer Use Bylaw Office The information indicates that most values are taken from the City of Toronto bylaw or are four times the City of Toronto or Regions detection limits for its lab Mr Beacock indicated that the values used have been accepted by the Municipal Sewer Use Group whose members include the Region of Durham Region of York City of Toronto and other municipalities or regions
Table 1 also shows a comparison of the list of restricted items for discharge to the storm sewer (qualitative items) The Regions list is more extensive than the Citys but the Citys items are all found within the Regions list For ease of implementation PGL recommends the Citys list mirror the Regions asit is mor~ complete
There are also severaJ sections of the Regions bylaw that differ from the Citys There are definitions that vary from the Regions however many of these are due to the fact that the Citys bylaw does not include sanitary sewer discharges The Region also includes sections on foundation drain connections oil grease and sand interceptors a prohibition of dilution agreements compliance programs Pollution Prevention Plans applications for waste discharge and surveys and several general categories Some of these sections could be incorporated in the Citys updated bylaw as appropriate as discussed in Section 63
PGL discussed the implementation of and changes to Durham Regions Sewer Use Bylaw with Simon Beacock He indicated that although the bylaw includes the option to require a pollution prevention plan or connection permits with a waste survey these are not being implemented The need for connection permits will likely be removed in the future bylaw The Region finds that enforcement of these sections is often not practical and it is focussed on education rather than enforcement The Region has developed pollution prevention plans for numerous industries that are known to commonly discharge wastes above the limits
The Region of Durham had no comments on our draft report --- middotmiddotmiddot
63 Bylaw Templates
There are three model sewer use bylaws in Ontario
1 Model Sewer Use Bylaw Ontario Ministry of Environment August 1988 was reprinted in middot October 1989
2 Model Sewer Use Bylaw DRAFT only Ontario Ministry of Environment 1998 and
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3 Model Sewer Use Bylaw Guidance Document Marbek Resource Consultants Ltd submitted to Canadian Council of Ministers of Environment February 2009
In an effort to promote the development of sewer use bylaws the Ontario Ministry of Environment (MOE) published a template bylaw in 1988 This template is the model used by the City of Oshawa for the development of its current bylaw Many of the quantitative water quality values used in the model bylaw are derived from the Provincial Water Quality Objectives (PWQO) and include a dilution factor of 15 to 5 times The standards include a note that the values and prohibitions are intended as trigger levels for further action Where a discharge exceeds a limit the municipality is to request the industry prepare andmiddot implement a Best Management Plan to address the stollT1water discharge The limits and prohibitions are also intended to apply to two cases only for runoff from an industrial process area and where material has been purposely added to the storm sewer as a method of disposal
The MOEs draft 1998 model sewer use bylaw was posted for comment but never finalized In middot this version the various prohibitions remain but the numerical limits are replaced with a statement that the discharge should notimpair the quality of the water in any well lake river pond spring stream reservoir or other water or watercoursemiddot The sections on sampling and analysis spills and offences and penalties also were reworded and a section added regarding discharger selfshymonitoring
The 2009 sewer use bylaw model applies only to sanitary and combined sewer works and does notapply to the Citysmiddot context The model bylaw does however have up-to-date definitions and clauses that may be of use for some of the Citys needs middot
In summary there is little useful guidance available from the provincial government on a bylaw middotmiddot template Recent bylaws from other jurisdictions are likely more useful Information regarding the
purpose of the limits and the dilution factor used in the derivation of the limits are used in the discussion below
54 Central Lake Ontario Conservation Authority
The CLOCAs mandate is to promote the conservation restoration development and management of natural resources in partnershipmiddot with local municipalities and the province Although the Citys bylaw will take priority over CLOCAs guidelines PGL reviewed CLOCAs information and talked to CLOCA about its objectives
middot CLOCAs stormwater requirements are found in Technical Guidelines for Stormwater Management Submissions CLOCA June 2007 revised March 2010 This document contains guidance regarding stormwater system design and CLOCA requirements Regarding water quality CLOCA uses guidance from the Ontario MOEs Stormwater Management Planning and Design Manual 2003 In this document there is a requirement that 70 to 80 of suspended solids be removed from a propertys stormwater discharge CLOCA provides other guidance
middot regarding infiltration erosion control and oil and grit separators Best management practicesmiddot discussed include reduced lot grading roof leaders discharging to areas of infiltration infiltration trenches grassed swales and pervious pipe and catch basin systems
CLOCA had two comments on the draft version of this report It shares the official policy of the Ontario Ministry of E11vironment and Fisheries and Oceans Canada with respect to applying dilution factors (ie it had concerns regarding the use of a dilution factor) CLOCA supports the implementation of options for action on non-compliance situations (ie pollution prevention plans or requirements for physical works)
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55 Effects Based Guidelines
PGL compared the sewer use bylaw standards to commonly accepted effects-based guidelines (ie values that indicate possible adverse effects to aquatic life) Documents reviewed include
bull Water Management Policies Guidelines and Provincial Water Quality Objectives (commonly called PWQO) Ontario Ministry of Environment and Energy July 1994 reprinted 1999
middot bull Canadian Environmental Quality Guidelines Canadian Council of Ministers of the Environment (CCME) 1999 and last updated 2007
bull Great Lakes Water Quality Agreement of 1978 (GLWaA) last amended 1987 and bull Rationale for the Development of Soil and Ground Water Standards for Use at Contaminated
Sites in Ontario MOE December 22 2009 From this document the Aquatic Protection Values (APVs) were used for comparison
From these 1guidelines the PWQO is the most commonly used document in Ontario The other documents were used as reference or to support discussions and recommendations below
The CCME PWQO GLWQA and APV values indicate habitats that are acceptable for aquatic life These are considered chronic effect limits Some mixing and dilution will take place in the pipe before discharge to surface water and further mixing and dilution will take place in a receiving water body Reliance on a dilution factor to achieve standards in the receiving water body (ie to accommodate for mixing) is officially discouraged by both the MOE and Fisheries and Oceans Canada Discussions with the Region and MOE however indicate that they understand mixing is available for rainfall discharges (ie the use of dilution in the stream can be used) As a result of this practice we have also incorporated a dilution factor into our discussion below
Table 1 (attached) shows our comparison to the various effect-based standards Based on the common use of the PWQO we used this as a preliminary evaluation of limits Table A below shows discharge limits from the City or Region that exceed PWQO values
As a secondary screen of effect-based values PGL
1 Assumed a dilution factor of 5 times The MOE template bylaw allowed for a dilution factor of 15 to 5 times based on the compound and 5 seems reasonable given the allowance for dilution in the stream
2 Compared discharge limits to 5 times PWQO
3 Compared discharge limits to 5 times GCME values as these are more up to date than PWQOs
4 Compared discharge limits to 5 times APVs as these are the most up to date and are the values currently accepted by the MOE and
5 Highlighted compounds that exceeded any of the three comparisons above (bold and underlined in Table A)
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Table A Bylaw Values Exceeding PWQO
cadmium (ug1) 1
chromium (ug1) 200
copper (ug1) 10
lead (ug1) 50
mercury (total- ug1) 1
nickel (total - ug1) 50
silver (ug1) NS
zinc (ug1) 50
cyanide (ug1) NS
e-coli (colonies100 ml) 200
PCBs (ug1) NS
phenolics (ug1) NS
phosphorus (total ~ ug1) NS
1 2-dichlorobenzene (ug1) NS
14-dichlorobenzene (ug1) NS
toluene (ug1) NS
sect 02 0017
80 89 89
50 1-5 2-4
120 5-25 1-7
04 02 003
80 25 25-150
120 01 01
40 30 30
20 5 5
200 100 NS
04 0001 NS
sect 1 4
400 30 NS
56 25 07
68 4 26
2 08 20
021
64
69
2
077
39 -
012
89
52
NS
0014
961
NS
763
763
1400
1
80
50
10
04
80
NS
40
20
200
NS
NS
400
56
68
2
Notes NS =no standard ug1 =microgramgt per litre
Each of the compounds remaining was then evaluated on a case-by-case basis
bull Cadmium is soluble and toxic and there was no reason to deviate from the effect-based standards
bull The APV value for chromium is based on a 2008 US Environmental Protection Agency value and assumes a water hardness of 70mgl This hardness value represents relatively soft water and although high for rainfall is acceptable Since this is based on the most recent work it can be used and the Regio11s value is acceptable
bull The copper value may be toxicologically justified but is likely impractical to comply with Copper use is widespread and the use of the Regions value may be reasonable as a value that can be enforced Assuming a 10 times dilution factor in the pipe and stream would lead to a justifiable value of 50ugll as a discharge limit middot
bull Lead is not soluble under normal conditions but will solubilize with a reduced pH Given that lead in sediment is toxic to benthic invertebrates and in the food chain and given the common use of lead we recommend an effects-based standard The toxicity value is well justified
bull Silver discharges have typically been restricted due to its use in the photographic industry (ie film developing) Silver is highly insoluble and therefore would be expected in the sediment of discharges rather than the liquid The use of the Regions value may be
middot acceptable in cases with significant sediment Based on the difficulty of explaining the
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nuances of this difference between dissolved and total silver and the current lack of use of silver it is recommended to leave this value from the Citys list of parameters
bull CCME indicates that PCBs should not be treated as water quality parameter as the PCBs would be found primarily in sediment In addition the use of PCBs is very limited due to its restriction in the 1980s and there is no reason to believe this is a significant source of contamination to the Citys sewers Based on these two factors PGL recommends that PCB be left off of the Citys list of compounds -
bull The phenolics value exceeds 5 times the PWQO but is well below the APV value for phenol Phenolics is a broad analysis of various compounds and does notmiddot indicate a specific compound Based on the lack of specificity in the analysis PGL does not recommend the use of this value in the Citys list of compounds middot
bull The phosphorus level found in the PWQO was set to avoid nuisance algae blooms and to limit excessive plant growth in water bodies Phosphorus is not considered toxic in itself The Regions limit assumes a dilution factor of 13 times and this is likely acceptable given that stormwatermiddot emissions occur over short periods and the PWQO limit of 30ugJ is for a longshyterm average
In summary PGL believes that standards more stringent than the Regions should be used for cadmium and lead based on effects-based values The effects based value for copper is toxicologically justified but likely routinely exceeded because of the widespread use of copper and its solubility In this case the use of the Regions standards is likely appropriate for ease of implementation Silver and PCBs are not being used widely and would be found in sediment primarily We recommend that no standards be put in place for these Phenolics are a case where the testing does not represent toxicity and therefore should not be used Phosphorus is another case that is not related directly to toxicity however does reflect a water bodys health The Regions value is appropriate in this case
It is understood that many of the Regions limits were set based on 4 times the method detection limit for the City -of Toronto or Regions lab The limits were set some timemiddot in the past and current commercial labs can readily meet the PWQO values PGL believes that the 4 times method detection limit rationale is not technically justifiable at this time middot
Although there are toxicity concerns with cadmium and lead the City may still elect to use the Regions values for ease of implementation These values are widely used by other municipalities as seen on Table 1 and the MOE has no i(nmediate concerns with the values (conversation with Ted Belayneh Group Leader Surface Water) It should be noted however that the values will likely be reduced in the future as the trend in environmental protection is generally to lower standards particularly for these parameters
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
PGL contacted various municipalities i~ the Durham Region (Pickering Ajax Whitby and Clarington) to discuss their sewer use bylaws Of these municipalities only Ajax has a valid sewer use bylaw Their current bylaw is from 1972 and is considered significantly out of date Pickering has a one-page bylaw from the 1960s that is not being used Of the four municipalities consulted only Ajax is in the process of updating its current bylaw middot
The Town of Ajaxs draft sewer use bylaw limits are shown in Table 1 along with the Regions values As can be seen the values generally mirror the current Regions alues There are also numerous compounds included in the Town of Ajaxs list of values that are not part of the Citys or
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Regions bylaws Discussions indicate that these were added to reflect industrial processes present in the Town of Ajaxs local jurisdiction It is PGLs recommendation not to adopt this expanded list of contaminants to facilitate implementation The expanded list would be largely captured in the bylaw with the list of prohibited materials
The draft Town of Ajax bylaw is the only other bylaw reviewed that was for stormwater only The text includes various items not found in the City of Oshawas bylaw These items are noted below and were considered in our evaluation of recommended changes
bull Options for action on non-compliance other than a Notice of Violation Options include imposing requirements for a study on stormwater quality or quantity modification or the construction of stormwater facilities implementing pollution prevention techniques and others Owners have 1 0 days to initiate compliance with these requirements
bull The ability to provide a limited time compliance program The compliance program may include discharges exceeding limits and is intended as a bridge toward full compliance (Le installation of a treatment facility or other modifications)
bull An option to require industrial occupants who exceed limits fail to comply with a compliance program or hav~ had spills to conduct a study of effects or to develop a pollution prevention plan
bull Requirements to install and maintain oil grease and sand interceptors for any owners who may discharge oil or sediment respectively
bull Requirements for construction activities and outdoor storage bull Sections on confidentiality and enforcement
57 Other Municipal and Regional Bylaws
PGL reviewed a number of cgtther sewer use bylaws In the selection of bylaws to review PGL focussed on recent bylaws or regions that are considered leaders in the management of water The values restricting discharges to the storm sewer are noted on Table 1 as well as the various prohibitions All of these bylaws include both stormwater and sanitary discharges The information noted below was used in our evaluation of recommended changes to the City of Oshawas bylaw
The bylaws reviewed consisted of sewer use bylaws from
bull Regional Municipality of York 2010 Draft bull City ofKingston 2008 bull City of Ottawa 2003 bull City of Toronto 2009 bull Regional Municipality of Waterloo 1992 bull City of London 2010 and bull Regional Municipality of Niagara 2008
With regards to the limits imposed on stormwater discharges the other cities and regions are relatively similar and consistent with the Region of Durham The middotCity of Waterloo is somewhat of an outlier and often has standards for stormwater discharges that are more stringent than other
- areas The Citys values are higher or lower than other areas with little consistency The Region of Durham Region of York and City of Toronto have values that are very similar with the only differences being that the Region has a higher limit than the City of Toronto for manganese The
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City of Toronto also has numerous organic compounds that are not included the Regions list of compounds
With regards to the text of the bylaw there are numerous differences between the various cities and regions The great majority of the bylaws have sections relating to definitions discharge requirements a prohibition of dilution agreements for discharges sampling and analytical requirements amiddot compliance program maintenance access points and requirements for interceptors The prohibition of dilution restricts people from diluting a waste to meet the bylaw requirements The compliance programs allow an industry to discharge waste out of compliance while it is taking steps to meet compliance middot
One area where various regions differ significantly is on the requirements made of industries The City of Toronto for example required Pollution Prevention Plans from almost all industries with an initial deadline of 2002 Other regions (ie York and Durham) have the ability to request Pollution Prevention Plans Waterloo and Kingston require waste survey reports while York Durham and Ottawa have the option to request them The only region or city with an option tQ prepare a Best Management Plan is Waterloo
Another area where there are significant differences is in the actions allowed if there are discharges over the limits prescribed In almost all cases a compliance plan is permitted to close the gap to compliance In Waterloos case the implementation of a Best Management Plan will allow for discharges Qutside of the prescribed limits In Yorks case a Pollution Prevention Plan may be required Kingston has no option other than compliance
Several but not all of the bylaws reviewed include language regarding the responsibilities for samplirig and monitoring York Niagara Toronto and Ottawa all indicate that sampling required
by the city or region is to be paid for by the owner
58 Best Management Practices
There are numerous best management practices (BMPs) that can be implemented to control the flow and quality of stormwater discharges Adopting a workable and up-to-date sewer use bylaw middotis one of the things that can be done to improve the environment and in this report PGL has several recommendations for how this can be done Other best management options include
bull Enforcement of sewer use bylaw bull Education of industries and the public This can be done through information sessions
developing materials for education or by labelling high risk catch pasins that discharge to surface water and fish habitat middot
bull Incorporating environmentally sound practices in the design and approval of stormwater management plans prepared by existing industries andor new developments These Low Impact Development features could include middot gt Volume Reduction - reduce and mitigate the total runoff volume caused by increased
urban development and subsequent increasing impervious areas and maximize the amount of runoff returned to shallow groundwater via recharge BMPs for volume reduction and maximizing recharge include ground infiltration systems (ie permeable pipes and catch basins rock drains) pervious pavement designs restrictor plates biofiltration swales and long-term storage in constructed wetlands or ponds
gt Water Quality Improvements - mitigate water quality impacts to fish habitat by collecting and treating fir8t flush events ofmiddot smaller storms and more frequent runoff events from impervious areas BMPs for water quality include biofiltration swales and constructed wetlands Oil and grit separators are also a way to improve water quality as many of the
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contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
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Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
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In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
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added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
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639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
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Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
~No hs_1z- 27 Attachment~ 1
Sewer Use Bylaw 95-95 Corporation of the City of Oshawa
Prepared for The Corporation of the City of Oshawa 50 Centre Street South OshawaON L1H 3Z7
Prepared by Pottinger Gaherty Environmental Consultants Ltd 83 Centre Street South OshawaON L1H4A1
PGL File 2599-0101
April2011
PGL
Executive Summary
Pottinger Gaherty Environmental Consultants Ltd (PGL) conducted an evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This bylaw is in place primarily to ensure themiddot efficient operation of the stormwater system and for the_ protection of themiddot natural environment This bylaw was last updated in 1995 and recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
The objectives of the evaluation were to
bull update the bylaw to the most recent practices and science bull ensure prot~ction of the naturaVaquatic environment bull harmonize the Citys bylaw with the Regions bylaw to the extent possible and bull consider best management practices that may be implemented by the City to improve
stormwater quality
To conduct the evaluation PGL reviewed middotthe current bylaw and numerous other bylaws from leadingmiddot municipalities and regions including the Region of Durham PGL also reviewed Ontario Ministry of Environment and federal guidance and discussed stormwater discharge issues with the Region of Durham and Central Lake Ontario Conservation Authority To evaluate stormwater quality criteria PGL assessed provincial and federal water quality guidelines and Region of Durham criteria Where Region of Durham criteria exceeded effect-based guidelines we evaluated each compound individually
The detailed evaluation is included in the attached report We recommend criteria for water quality restricted items various clauses and section changes and reviewed best management practices
PGL recommends the criteria for water quality noted in the table below In this table only two parameters vary from the Regions bylaw limits cadmium and lead For these parameters PGL recommends five times the provincial effect-based limit which assumes some dilution is available in the sewer pipe and stream We also recommend that Region of Durhams list of restricted middotand prohibited items be adopted Use of the proposed values and prohibitions will greatly simplify coordination of the bylaw
Recommended Values for Sewer Discharge Limits
temperature (max C) 40
pH max 9
pH min 6
15000 suspended solids (ug1)
arsenic (total- ug1) 20 cadmium (ug1) 1
chromium (ug1 80
copper (ug1) 50
lead (ug1) 10
manganese (total - ug1) 150
mercury (total - ug1) 04
nickel (total - ug1) 80
selenium (total - ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ugn) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml) 200
phosphorus (total P ug1) 400
total kjeldahl nitrogen (ug1) 1000
1122-tetrachloroethylene (ug1) 17
12-dichlorobenzene (ug1) 56
1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88
chloroform (ug1) 2
cis-12-dichloroethylene (ug1) 56
di-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene (ug1) 44
toluene (ug1) 2
trans-13-dichloropropylene (ug1) 56
trichloroethylene (ug1) 8
xylenes (total- ug1)) 44
Notes C =degrees Celsius ugn = micrograms per litre
The current City bylaw contains no options related to exceedences of bylaw limits or prohibited discharges The only option when this occurs now is for a Notice of Violation PGL recommends more options be available to address situations where dischargers cannot technically or costshyeffectively meet discharge limits We propose that the options include a Compliance Program to allowmiddot gradual compliance Where compliance is not feasiole a Pollution Prevention Plan
J PGL
approach should be allowed Pollution prevention plans seek to reduce non-compliant discharges that cannot be rectified completely
We also recommended that several sections be added or amended in the updated bylaw The sections are noted below These recommendations were made to improve the implementation of the bylaw
bull Updated Definitions
bull Prohibition of Dilution
bull Confidentiality bull Manholes
bull Interceptors
bull Sampling and Analysis
bull Authority to Investigate
middotFinally PGL recommends that the City implement best management practices to improve the quality and reduce the quantity of storm sewer discharges Many of these practices are likely already in place during the approvals process Pollution Prevention Plans are also considered a best management practice Actions that can be taken by the City of Oshawa include enforcement of the bylaw a maintenance program for the storm sewer system and education
PPGL
Table of Contents
10 Introduction bullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbullbullbullbullbullbullbullbull ~bullbullbullbullbullbullbullbullbullbullbullbullbull1
20 background bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
30 Objectivebullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
40 Work Program bullbullbullbullbullbullbullbullbullbullbullbullbullbullbull~bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
50 middot Findings 2
51 Regulatory Context middot 2
52 Comparison to Durham Region Sewer Use Bylaw 3
53 Bylaw Templates 3
54 Central Lake Ontario Conservation Authority 4
55 Effects Based Guidelines 5
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
57 Other Municipal and Regional Bylaws 8
58 Best Management Practices 9
60 Discussion 1 0
61 Values to Limit Discharges 10
62 Actions Taken When Non-compliance Occurs 12
63 Recommended Clauses or Sections for a Future Bylaw 12
631 Defh1itions 12
632 Prohibition of Dilution12
633 Confidentiality 13
634 Manholes 13
635 lnterceptors13
636 Sampling and Analysis 13
637 Authority to Investigate 13
638 Construction Controls 13
639 Foundation Drains 14
64 Best Management Practices 14
70 Standard Limitations bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbull 14
TABLES
In Text Table A Bylaw Values Exceeding PWQO 6 Table B Recommended Values for Sewer Discharge Limits 11
Appended Table 1 Comparison of Stormwater Discharge Limits
APV BMP CCME City CLOCA GLWQA
MOE PGL
PWQO
Region
List of Acronyms
Aquatic Protection Values
best mangement practice
Canadian Council of Ministers of the Environment
Corporation of the City of Oshawa
Central Lake Ontario Conservation Authority
Great Lakes Water Quality Agreement
Ontario Ministry of Environment
Pottinger Gaherty Environmental Consultants Ltd
Provincial Water Quality Objective
Region of Durham
PGL
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page1 PGL File 2599-0101
10 INTRODUCTION c
c
Pottinger Gaherty middotEnvironmental Consultants Ltd (PGL) is pleased to provide our evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This report has been prepared to document our work findings and recommendations
20 BACKGROUND
The City has a sewer use bylaw regulating discharges to the municipal storm sewers This bylaw is in place primarily to ensure the efficient operation of the system and for the protection of the natural environment This bylaw was last updated in 1995 Recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
30 OBJECTIVE
The evaluation was conduded
bull to update the bylaw to the most recent pradices and science bull to ensure protedion of the naturalaquatic environment and bull to harmonize the Citys bylaw with the Regions bylaw to the extent possible
PGL was also asked to consider best management pradices that may be implemented by the City to improve stormwater quality
40 WORK PROGRAM
middotTo meet the objedives noted above PGL designed a work program to evaluate the Citys bylaw against the various other bylaws and effeds-based standards and guidelines Specifically PGL
1 Met with the City to clarify needs and current practices
2 Met with the Region of Durham to identify the rationale behind some of its bylaw components middot
3 Met with the Central Lake Ontario Conservation Authority (CLOCA) to discuss its perspedive on stormwater and environmental prot~ction
4 Contacted the various municipalities in Durham Regionmiddot to determine if they have a sewer use bylaw or if they are currently working to revise their bylaws
5 Reviewed similar bylaws from the Region of Durham Durham Region municipalities and other Ontario municipalities that are considered leaders middotin environmental protection (ie Regional MunicipalitY of Niagara City of London Regional Municipality of Waterloo City of Toronto City of Ottawa City of Kingston and Regional Municipality of York)
6 Compared numerical and qualitative standards from the Region of Durhilm and various regions and municipalities with the City standards
7 Compared effed-based standards (ie Provincial Water Quality Objectives Canadian Water Quality Guidelines for the Protedion of Aquatic Life Great Lakes Water Quality Agreement Aquatic Protedion Values) with the City and Region standards
8 Evaluated best management practices and their applicability to the City of Oshawas situation
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page2 PGL File 2599-0101
9 Proposed modifications to the current bylaw that update standards and various management components
10 Met with the City Region and CLOCA to discuss our findings and recommendations and
11 Prepared a draft report of our findings and incorporated comments from the City Region and CLOCA and
12 Prepared this final report of our findings
50 FINDINGS
The findings are discussed in categories related to our work completed Each set of findings are evaluated and discussed Many of the sewer use bylaws apply to both sanitary and storm sewers As Oshawas bylaw relates to storm sewers only PGL only evaluated the storm sewer components of each bylaw The findings discussed here are then used in our discussion section to make recommendations for modifications to the Citys bylaw
51 Regulatory Context
To understand the various limits and values relating to environmental effects PGL has summarized some of the applicable legislation Information from this section is used later in the report when we evaluate proposed bylaw limits The provincial statues apply to surface water in the City as do federal requirements because of the fact that surface water is considered fish habitat
The federal Fisheries Act prohibits the deposit of a deleterious substance of any type in water frequented by fish or in any place under any Conditions where the deleterious substance or any
middotother deleterious substance that results from the deposit of the deleterious substance may enter any such water (subsection 36(3)) Any substance with a potentially harmful chemical physical or biological effect on fish or fish habitat is considered to be deleterious
Section 30(1) of the Ontario Water Resources Act states that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters is guilty of an offence
The Ontario Environmental Protection Act provides the legislative authority to limit the discharge of contaminants to the natural environment Section 14(1) of the Ontario Environmental Protection Act (RSO 1990) states that a person shall not discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment if the discharge causes or may cause an adverse effect Section 1 (1) of the same act defines adverse effect as one or more of (a) impairment of the quality of the natural environment for any use that can be made of it (b) injury or damage to property or to plant or animal life (c) harm or material discomfort to any person (d) an adverse effect on the health of any person (e) impairment of the safety of any person (f) rendering any property or plant or animal life unfit for use by man (g) loss of enjoyment of normal use of property ancf (h) interference with the normal conduct of business
IJPGL
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52 Comparison to Durham Region Sewer Use Bylaw
PGL compared the City and the Regions sewer use bylaws to evaluate significant differences The Regions bylaw (Bylaw 43-2004) was last revised in June-2009 Changes to the Regions bylaw are being considered and we also discuss differences with the draft concepts The revised changes will have no effect on stormwater discharge criteria
Table 1 (appended) shows a comparison of the City and Region bylaws with respect to storm sewer discharge values There are numerous cases where there are no City values and Regional values exist There is no consistency with respect to the quantitative limits (ie there are instances where the City is more stringent and cases were the Region is more stringent)
PGL obtained information regarding the rationale for the various limits from Simon Beacock Group Leader Region of Durham Sewer Use Bylaw Office The information indicates that most values are taken from the City of Toronto bylaw or are four times the City of Toronto or Regions detection limits for its lab Mr Beacock indicated that the values used have been accepted by the Municipal Sewer Use Group whose members include the Region of Durham Region of York City of Toronto and other municipalities or regions
Table 1 also shows a comparison of the list of restricted items for discharge to the storm sewer (qualitative items) The Regions list is more extensive than the Citys but the Citys items are all found within the Regions list For ease of implementation PGL recommends the Citys list mirror the Regions asit is mor~ complete
There are also severaJ sections of the Regions bylaw that differ from the Citys There are definitions that vary from the Regions however many of these are due to the fact that the Citys bylaw does not include sanitary sewer discharges The Region also includes sections on foundation drain connections oil grease and sand interceptors a prohibition of dilution agreements compliance programs Pollution Prevention Plans applications for waste discharge and surveys and several general categories Some of these sections could be incorporated in the Citys updated bylaw as appropriate as discussed in Section 63
PGL discussed the implementation of and changes to Durham Regions Sewer Use Bylaw with Simon Beacock He indicated that although the bylaw includes the option to require a pollution prevention plan or connection permits with a waste survey these are not being implemented The need for connection permits will likely be removed in the future bylaw The Region finds that enforcement of these sections is often not practical and it is focussed on education rather than enforcement The Region has developed pollution prevention plans for numerous industries that are known to commonly discharge wastes above the limits
The Region of Durham had no comments on our draft report --- middotmiddotmiddot
63 Bylaw Templates
There are three model sewer use bylaws in Ontario
1 Model Sewer Use Bylaw Ontario Ministry of Environment August 1988 was reprinted in middot October 1989
2 Model Sewer Use Bylaw DRAFT only Ontario Ministry of Environment 1998 and
PGL
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Pag4PGL File 2599-0101
3 Model Sewer Use Bylaw Guidance Document Marbek Resource Consultants Ltd submitted to Canadian Council of Ministers of Environment February 2009
In an effort to promote the development of sewer use bylaws the Ontario Ministry of Environment (MOE) published a template bylaw in 1988 This template is the model used by the City of Oshawa for the development of its current bylaw Many of the quantitative water quality values used in the model bylaw are derived from the Provincial Water Quality Objectives (PWQO) and include a dilution factor of 15 to 5 times The standards include a note that the values and prohibitions are intended as trigger levels for further action Where a discharge exceeds a limit the municipality is to request the industry prepare andmiddot implement a Best Management Plan to address the stollT1water discharge The limits and prohibitions are also intended to apply to two cases only for runoff from an industrial process area and where material has been purposely added to the storm sewer as a method of disposal
The MOEs draft 1998 model sewer use bylaw was posted for comment but never finalized In middot this version the various prohibitions remain but the numerical limits are replaced with a statement that the discharge should notimpair the quality of the water in any well lake river pond spring stream reservoir or other water or watercoursemiddot The sections on sampling and analysis spills and offences and penalties also were reworded and a section added regarding discharger selfshymonitoring
The 2009 sewer use bylaw model applies only to sanitary and combined sewer works and does notapply to the Citysmiddot context The model bylaw does however have up-to-date definitions and clauses that may be of use for some of the Citys needs middot
In summary there is little useful guidance available from the provincial government on a bylaw middotmiddot template Recent bylaws from other jurisdictions are likely more useful Information regarding the
purpose of the limits and the dilution factor used in the derivation of the limits are used in the discussion below
54 Central Lake Ontario Conservation Authority
The CLOCAs mandate is to promote the conservation restoration development and management of natural resources in partnershipmiddot with local municipalities and the province Although the Citys bylaw will take priority over CLOCAs guidelines PGL reviewed CLOCAs information and talked to CLOCA about its objectives
middot CLOCAs stormwater requirements are found in Technical Guidelines for Stormwater Management Submissions CLOCA June 2007 revised March 2010 This document contains guidance regarding stormwater system design and CLOCA requirements Regarding water quality CLOCA uses guidance from the Ontario MOEs Stormwater Management Planning and Design Manual 2003 In this document there is a requirement that 70 to 80 of suspended solids be removed from a propertys stormwater discharge CLOCA provides other guidance
middot regarding infiltration erosion control and oil and grit separators Best management practicesmiddot discussed include reduced lot grading roof leaders discharging to areas of infiltration infiltration trenches grassed swales and pervious pipe and catch basin systems
CLOCA had two comments on the draft version of this report It shares the official policy of the Ontario Ministry of E11vironment and Fisheries and Oceans Canada with respect to applying dilution factors (ie it had concerns regarding the use of a dilution factor) CLOCA supports the implementation of options for action on non-compliance situations (ie pollution prevention plans or requirements for physical works)
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55 Effects Based Guidelines
PGL compared the sewer use bylaw standards to commonly accepted effects-based guidelines (ie values that indicate possible adverse effects to aquatic life) Documents reviewed include
bull Water Management Policies Guidelines and Provincial Water Quality Objectives (commonly called PWQO) Ontario Ministry of Environment and Energy July 1994 reprinted 1999
middot bull Canadian Environmental Quality Guidelines Canadian Council of Ministers of the Environment (CCME) 1999 and last updated 2007
bull Great Lakes Water Quality Agreement of 1978 (GLWaA) last amended 1987 and bull Rationale for the Development of Soil and Ground Water Standards for Use at Contaminated
Sites in Ontario MOE December 22 2009 From this document the Aquatic Protection Values (APVs) were used for comparison
From these 1guidelines the PWQO is the most commonly used document in Ontario The other documents were used as reference or to support discussions and recommendations below
The CCME PWQO GLWQA and APV values indicate habitats that are acceptable for aquatic life These are considered chronic effect limits Some mixing and dilution will take place in the pipe before discharge to surface water and further mixing and dilution will take place in a receiving water body Reliance on a dilution factor to achieve standards in the receiving water body (ie to accommodate for mixing) is officially discouraged by both the MOE and Fisheries and Oceans Canada Discussions with the Region and MOE however indicate that they understand mixing is available for rainfall discharges (ie the use of dilution in the stream can be used) As a result of this practice we have also incorporated a dilution factor into our discussion below
Table 1 (attached) shows our comparison to the various effect-based standards Based on the common use of the PWQO we used this as a preliminary evaluation of limits Table A below shows discharge limits from the City or Region that exceed PWQO values
As a secondary screen of effect-based values PGL
1 Assumed a dilution factor of 5 times The MOE template bylaw allowed for a dilution factor of 15 to 5 times based on the compound and 5 seems reasonable given the allowance for dilution in the stream
2 Compared discharge limits to 5 times PWQO
3 Compared discharge limits to 5 times GCME values as these are more up to date than PWQOs
4 Compared discharge limits to 5 times APVs as these are the most up to date and are the values currently accepted by the MOE and
5 Highlighted compounds that exceeded any of the three comparisons above (bold and underlined in Table A)
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Table A Bylaw Values Exceeding PWQO
cadmium (ug1) 1
chromium (ug1) 200
copper (ug1) 10
lead (ug1) 50
mercury (total- ug1) 1
nickel (total - ug1) 50
silver (ug1) NS
zinc (ug1) 50
cyanide (ug1) NS
e-coli (colonies100 ml) 200
PCBs (ug1) NS
phenolics (ug1) NS
phosphorus (total ~ ug1) NS
1 2-dichlorobenzene (ug1) NS
14-dichlorobenzene (ug1) NS
toluene (ug1) NS
sect 02 0017
80 89 89
50 1-5 2-4
120 5-25 1-7
04 02 003
80 25 25-150
120 01 01
40 30 30
20 5 5
200 100 NS
04 0001 NS
sect 1 4
400 30 NS
56 25 07
68 4 26
2 08 20
021
64
69
2
077
39 -
012
89
52
NS
0014
961
NS
763
763
1400
1
80
50
10
04
80
NS
40
20
200
NS
NS
400
56
68
2
Notes NS =no standard ug1 =microgramgt per litre
Each of the compounds remaining was then evaluated on a case-by-case basis
bull Cadmium is soluble and toxic and there was no reason to deviate from the effect-based standards
bull The APV value for chromium is based on a 2008 US Environmental Protection Agency value and assumes a water hardness of 70mgl This hardness value represents relatively soft water and although high for rainfall is acceptable Since this is based on the most recent work it can be used and the Regio11s value is acceptable
bull The copper value may be toxicologically justified but is likely impractical to comply with Copper use is widespread and the use of the Regions value may be reasonable as a value that can be enforced Assuming a 10 times dilution factor in the pipe and stream would lead to a justifiable value of 50ugll as a discharge limit middot
bull Lead is not soluble under normal conditions but will solubilize with a reduced pH Given that lead in sediment is toxic to benthic invertebrates and in the food chain and given the common use of lead we recommend an effects-based standard The toxicity value is well justified
bull Silver discharges have typically been restricted due to its use in the photographic industry (ie film developing) Silver is highly insoluble and therefore would be expected in the sediment of discharges rather than the liquid The use of the Regions value may be
middot acceptable in cases with significant sediment Based on the difficulty of explaining the
) PGL
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page7 PGL File 2599-0101
nuances of this difference between dissolved and total silver and the current lack of use of silver it is recommended to leave this value from the Citys list of parameters
bull CCME indicates that PCBs should not be treated as water quality parameter as the PCBs would be found primarily in sediment In addition the use of PCBs is very limited due to its restriction in the 1980s and there is no reason to believe this is a significant source of contamination to the Citys sewers Based on these two factors PGL recommends that PCB be left off of the Citys list of compounds -
bull The phenolics value exceeds 5 times the PWQO but is well below the APV value for phenol Phenolics is a broad analysis of various compounds and does notmiddot indicate a specific compound Based on the lack of specificity in the analysis PGL does not recommend the use of this value in the Citys list of compounds middot
bull The phosphorus level found in the PWQO was set to avoid nuisance algae blooms and to limit excessive plant growth in water bodies Phosphorus is not considered toxic in itself The Regions limit assumes a dilution factor of 13 times and this is likely acceptable given that stormwatermiddot emissions occur over short periods and the PWQO limit of 30ugJ is for a longshyterm average
In summary PGL believes that standards more stringent than the Regions should be used for cadmium and lead based on effects-based values The effects based value for copper is toxicologically justified but likely routinely exceeded because of the widespread use of copper and its solubility In this case the use of the Regions standards is likely appropriate for ease of implementation Silver and PCBs are not being used widely and would be found in sediment primarily We recommend that no standards be put in place for these Phenolics are a case where the testing does not represent toxicity and therefore should not be used Phosphorus is another case that is not related directly to toxicity however does reflect a water bodys health The Regions value is appropriate in this case
It is understood that many of the Regions limits were set based on 4 times the method detection limit for the City -of Toronto or Regions lab The limits were set some timemiddot in the past and current commercial labs can readily meet the PWQO values PGL believes that the 4 times method detection limit rationale is not technically justifiable at this time middot
Although there are toxicity concerns with cadmium and lead the City may still elect to use the Regions values for ease of implementation These values are widely used by other municipalities as seen on Table 1 and the MOE has no i(nmediate concerns with the values (conversation with Ted Belayneh Group Leader Surface Water) It should be noted however that the values will likely be reduced in the future as the trend in environmental protection is generally to lower standards particularly for these parameters
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
PGL contacted various municipalities i~ the Durham Region (Pickering Ajax Whitby and Clarington) to discuss their sewer use bylaws Of these municipalities only Ajax has a valid sewer use bylaw Their current bylaw is from 1972 and is considered significantly out of date Pickering has a one-page bylaw from the 1960s that is not being used Of the four municipalities consulted only Ajax is in the process of updating its current bylaw middot
The Town of Ajaxs draft sewer use bylaw limits are shown in Table 1 along with the Regions values As can be seen the values generally mirror the current Regions alues There are also numerous compounds included in the Town of Ajaxs list of values that are not part of the Citys or
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa PageS PGL File 2599-0101
Regions bylaws Discussions indicate that these were added to reflect industrial processes present in the Town of Ajaxs local jurisdiction It is PGLs recommendation not to adopt this expanded list of contaminants to facilitate implementation The expanded list would be largely captured in the bylaw with the list of prohibited materials
The draft Town of Ajax bylaw is the only other bylaw reviewed that was for stormwater only The text includes various items not found in the City of Oshawas bylaw These items are noted below and were considered in our evaluation of recommended changes
bull Options for action on non-compliance other than a Notice of Violation Options include imposing requirements for a study on stormwater quality or quantity modification or the construction of stormwater facilities implementing pollution prevention techniques and others Owners have 1 0 days to initiate compliance with these requirements
bull The ability to provide a limited time compliance program The compliance program may include discharges exceeding limits and is intended as a bridge toward full compliance (Le installation of a treatment facility or other modifications)
bull An option to require industrial occupants who exceed limits fail to comply with a compliance program or hav~ had spills to conduct a study of effects or to develop a pollution prevention plan
bull Requirements to install and maintain oil grease and sand interceptors for any owners who may discharge oil or sediment respectively
bull Requirements for construction activities and outdoor storage bull Sections on confidentiality and enforcement
57 Other Municipal and Regional Bylaws
PGL reviewed a number of cgtther sewer use bylaws In the selection of bylaws to review PGL focussed on recent bylaws or regions that are considered leaders in the management of water The values restricting discharges to the storm sewer are noted on Table 1 as well as the various prohibitions All of these bylaws include both stormwater and sanitary discharges The information noted below was used in our evaluation of recommended changes to the City of Oshawas bylaw
The bylaws reviewed consisted of sewer use bylaws from
bull Regional Municipality of York 2010 Draft bull City ofKingston 2008 bull City of Ottawa 2003 bull City of Toronto 2009 bull Regional Municipality of Waterloo 1992 bull City of London 2010 and bull Regional Municipality of Niagara 2008
With regards to the limits imposed on stormwater discharges the other cities and regions are relatively similar and consistent with the Region of Durham The middotCity of Waterloo is somewhat of an outlier and often has standards for stormwater discharges that are more stringent than other
- areas The Citys values are higher or lower than other areas with little consistency The Region of Durham Region of York and City of Toronto have values that are very similar with the only differences being that the Region has a higher limit than the City of Toronto for manganese The
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page9 PGL File 2599-0101
City of Toronto also has numerous organic compounds that are not included the Regions list of compounds
With regards to the text of the bylaw there are numerous differences between the various cities and regions The great majority of the bylaws have sections relating to definitions discharge requirements a prohibition of dilution agreements for discharges sampling and analytical requirements amiddot compliance program maintenance access points and requirements for interceptors The prohibition of dilution restricts people from diluting a waste to meet the bylaw requirements The compliance programs allow an industry to discharge waste out of compliance while it is taking steps to meet compliance middot
One area where various regions differ significantly is on the requirements made of industries The City of Toronto for example required Pollution Prevention Plans from almost all industries with an initial deadline of 2002 Other regions (ie York and Durham) have the ability to request Pollution Prevention Plans Waterloo and Kingston require waste survey reports while York Durham and Ottawa have the option to request them The only region or city with an option tQ prepare a Best Management Plan is Waterloo
Another area where there are significant differences is in the actions allowed if there are discharges over the limits prescribed In almost all cases a compliance plan is permitted to close the gap to compliance In Waterloos case the implementation of a Best Management Plan will allow for discharges Qutside of the prescribed limits In Yorks case a Pollution Prevention Plan may be required Kingston has no option other than compliance
Several but not all of the bylaws reviewed include language regarding the responsibilities for samplirig and monitoring York Niagara Toronto and Ottawa all indicate that sampling required
by the city or region is to be paid for by the owner
58 Best Management Practices
There are numerous best management practices (BMPs) that can be implemented to control the flow and quality of stormwater discharges Adopting a workable and up-to-date sewer use bylaw middotis one of the things that can be done to improve the environment and in this report PGL has several recommendations for how this can be done Other best management options include
bull Enforcement of sewer use bylaw bull Education of industries and the public This can be done through information sessions
developing materials for education or by labelling high risk catch pasins that discharge to surface water and fish habitat middot
bull Incorporating environmentally sound practices in the design and approval of stormwater management plans prepared by existing industries andor new developments These Low Impact Development features could include middot gt Volume Reduction - reduce and mitigate the total runoff volume caused by increased
urban development and subsequent increasing impervious areas and maximize the amount of runoff returned to shallow groundwater via recharge BMPs for volume reduction and maximizing recharge include ground infiltration systems (ie permeable pipes and catch basins rock drains) pervious pavement designs restrictor plates biofiltration swales and long-term storage in constructed wetlands or ponds
gt Water Quality Improvements - mitigate water quality impacts to fish habitat by collecting and treating fir8t flush events ofmiddot smaller storms and more frequent runoff events from impervious areas BMPs for water quality include biofiltration swales and constructed wetlands Oil and grit separators are also a way to improve water quality as many of the
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Storm Sewer Use Bylaw Evaluation Apr112011 The Corporation of the City of Oshawa Page 10 PGL File 2599-0101
contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
PGL
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Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
IPGL
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In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
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added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
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639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
Executive Summary
Pottinger Gaherty Environmental Consultants Ltd (PGL) conducted an evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This bylaw is in place primarily to ensure themiddot efficient operation of the stormwater system and for the_ protection of themiddot natural environment This bylaw was last updated in 1995 and recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
The objectives of the evaluation were to
bull update the bylaw to the most recent practices and science bull ensure prot~ction of the naturaVaquatic environment bull harmonize the Citys bylaw with the Regions bylaw to the extent possible and bull consider best management practices that may be implemented by the City to improve
stormwater quality
To conduct the evaluation PGL reviewed middotthe current bylaw and numerous other bylaws from leadingmiddot municipalities and regions including the Region of Durham PGL also reviewed Ontario Ministry of Environment and federal guidance and discussed stormwater discharge issues with the Region of Durham and Central Lake Ontario Conservation Authority To evaluate stormwater quality criteria PGL assessed provincial and federal water quality guidelines and Region of Durham criteria Where Region of Durham criteria exceeded effect-based guidelines we evaluated each compound individually
The detailed evaluation is included in the attached report We recommend criteria for water quality restricted items various clauses and section changes and reviewed best management practices
PGL recommends the criteria for water quality noted in the table below In this table only two parameters vary from the Regions bylaw limits cadmium and lead For these parameters PGL recommends five times the provincial effect-based limit which assumes some dilution is available in the sewer pipe and stream We also recommend that Region of Durhams list of restricted middotand prohibited items be adopted Use of the proposed values and prohibitions will greatly simplify coordination of the bylaw
Recommended Values for Sewer Discharge Limits
temperature (max C) 40
pH max 9
pH min 6
15000 suspended solids (ug1)
arsenic (total- ug1) 20 cadmium (ug1) 1
chromium (ug1 80
copper (ug1) 50
lead (ug1) 10
manganese (total - ug1) 150
mercury (total - ug1) 04
nickel (total - ug1) 80
selenium (total - ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ugn) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml) 200
phosphorus (total P ug1) 400
total kjeldahl nitrogen (ug1) 1000
1122-tetrachloroethylene (ug1) 17
12-dichlorobenzene (ug1) 56
1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88
chloroform (ug1) 2
cis-12-dichloroethylene (ug1) 56
di-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene (ug1) 44
toluene (ug1) 2
trans-13-dichloropropylene (ug1) 56
trichloroethylene (ug1) 8
xylenes (total- ug1)) 44
Notes C =degrees Celsius ugn = micrograms per litre
The current City bylaw contains no options related to exceedences of bylaw limits or prohibited discharges The only option when this occurs now is for a Notice of Violation PGL recommends more options be available to address situations where dischargers cannot technically or costshyeffectively meet discharge limits We propose that the options include a Compliance Program to allowmiddot gradual compliance Where compliance is not feasiole a Pollution Prevention Plan
J PGL
approach should be allowed Pollution prevention plans seek to reduce non-compliant discharges that cannot be rectified completely
We also recommended that several sections be added or amended in the updated bylaw The sections are noted below These recommendations were made to improve the implementation of the bylaw
bull Updated Definitions
bull Prohibition of Dilution
bull Confidentiality bull Manholes
bull Interceptors
bull Sampling and Analysis
bull Authority to Investigate
middotFinally PGL recommends that the City implement best management practices to improve the quality and reduce the quantity of storm sewer discharges Many of these practices are likely already in place during the approvals process Pollution Prevention Plans are also considered a best management practice Actions that can be taken by the City of Oshawa include enforcement of the bylaw a maintenance program for the storm sewer system and education
PPGL
Table of Contents
10 Introduction bullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbullbullbullbullbullbullbullbull ~bullbullbullbullbullbullbullbullbullbullbullbullbull1
20 background bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
30 Objectivebullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
40 Work Program bullbullbullbullbullbullbullbullbullbullbullbullbullbullbull~bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
50 middot Findings 2
51 Regulatory Context middot 2
52 Comparison to Durham Region Sewer Use Bylaw 3
53 Bylaw Templates 3
54 Central Lake Ontario Conservation Authority 4
55 Effects Based Guidelines 5
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
57 Other Municipal and Regional Bylaws 8
58 Best Management Practices 9
60 Discussion 1 0
61 Values to Limit Discharges 10
62 Actions Taken When Non-compliance Occurs 12
63 Recommended Clauses or Sections for a Future Bylaw 12
631 Defh1itions 12
632 Prohibition of Dilution12
633 Confidentiality 13
634 Manholes 13
635 lnterceptors13
636 Sampling and Analysis 13
637 Authority to Investigate 13
638 Construction Controls 13
639 Foundation Drains 14
64 Best Management Practices 14
70 Standard Limitations bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbull 14
TABLES
In Text Table A Bylaw Values Exceeding PWQO 6 Table B Recommended Values for Sewer Discharge Limits 11
Appended Table 1 Comparison of Stormwater Discharge Limits
APV BMP CCME City CLOCA GLWQA
MOE PGL
PWQO
Region
List of Acronyms
Aquatic Protection Values
best mangement practice
Canadian Council of Ministers of the Environment
Corporation of the City of Oshawa
Central Lake Ontario Conservation Authority
Great Lakes Water Quality Agreement
Ontario Ministry of Environment
Pottinger Gaherty Environmental Consultants Ltd
Provincial Water Quality Objective
Region of Durham
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10 INTRODUCTION c
c
Pottinger Gaherty middotEnvironmental Consultants Ltd (PGL) is pleased to provide our evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This report has been prepared to document our work findings and recommendations
20 BACKGROUND
The City has a sewer use bylaw regulating discharges to the municipal storm sewers This bylaw is in place primarily to ensure the efficient operation of the system and for the protection of the natural environment This bylaw was last updated in 1995 Recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
30 OBJECTIVE
The evaluation was conduded
bull to update the bylaw to the most recent pradices and science bull to ensure protedion of the naturalaquatic environment and bull to harmonize the Citys bylaw with the Regions bylaw to the extent possible
PGL was also asked to consider best management pradices that may be implemented by the City to improve stormwater quality
40 WORK PROGRAM
middotTo meet the objedives noted above PGL designed a work program to evaluate the Citys bylaw against the various other bylaws and effeds-based standards and guidelines Specifically PGL
1 Met with the City to clarify needs and current practices
2 Met with the Region of Durham to identify the rationale behind some of its bylaw components middot
3 Met with the Central Lake Ontario Conservation Authority (CLOCA) to discuss its perspedive on stormwater and environmental prot~ction
4 Contacted the various municipalities in Durham Regionmiddot to determine if they have a sewer use bylaw or if they are currently working to revise their bylaws
5 Reviewed similar bylaws from the Region of Durham Durham Region municipalities and other Ontario municipalities that are considered leaders middotin environmental protection (ie Regional MunicipalitY of Niagara City of London Regional Municipality of Waterloo City of Toronto City of Ottawa City of Kingston and Regional Municipality of York)
6 Compared numerical and qualitative standards from the Region of Durhilm and various regions and municipalities with the City standards
7 Compared effed-based standards (ie Provincial Water Quality Objectives Canadian Water Quality Guidelines for the Protedion of Aquatic Life Great Lakes Water Quality Agreement Aquatic Protedion Values) with the City and Region standards
8 Evaluated best management practices and their applicability to the City of Oshawas situation
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9 Proposed modifications to the current bylaw that update standards and various management components
10 Met with the City Region and CLOCA to discuss our findings and recommendations and
11 Prepared a draft report of our findings and incorporated comments from the City Region and CLOCA and
12 Prepared this final report of our findings
50 FINDINGS
The findings are discussed in categories related to our work completed Each set of findings are evaluated and discussed Many of the sewer use bylaws apply to both sanitary and storm sewers As Oshawas bylaw relates to storm sewers only PGL only evaluated the storm sewer components of each bylaw The findings discussed here are then used in our discussion section to make recommendations for modifications to the Citys bylaw
51 Regulatory Context
To understand the various limits and values relating to environmental effects PGL has summarized some of the applicable legislation Information from this section is used later in the report when we evaluate proposed bylaw limits The provincial statues apply to surface water in the City as do federal requirements because of the fact that surface water is considered fish habitat
The federal Fisheries Act prohibits the deposit of a deleterious substance of any type in water frequented by fish or in any place under any Conditions where the deleterious substance or any
middotother deleterious substance that results from the deposit of the deleterious substance may enter any such water (subsection 36(3)) Any substance with a potentially harmful chemical physical or biological effect on fish or fish habitat is considered to be deleterious
Section 30(1) of the Ontario Water Resources Act states that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters is guilty of an offence
The Ontario Environmental Protection Act provides the legislative authority to limit the discharge of contaminants to the natural environment Section 14(1) of the Ontario Environmental Protection Act (RSO 1990) states that a person shall not discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment if the discharge causes or may cause an adverse effect Section 1 (1) of the same act defines adverse effect as one or more of (a) impairment of the quality of the natural environment for any use that can be made of it (b) injury or damage to property or to plant or animal life (c) harm or material discomfort to any person (d) an adverse effect on the health of any person (e) impairment of the safety of any person (f) rendering any property or plant or animal life unfit for use by man (g) loss of enjoyment of normal use of property ancf (h) interference with the normal conduct of business
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52 Comparison to Durham Region Sewer Use Bylaw
PGL compared the City and the Regions sewer use bylaws to evaluate significant differences The Regions bylaw (Bylaw 43-2004) was last revised in June-2009 Changes to the Regions bylaw are being considered and we also discuss differences with the draft concepts The revised changes will have no effect on stormwater discharge criteria
Table 1 (appended) shows a comparison of the City and Region bylaws with respect to storm sewer discharge values There are numerous cases where there are no City values and Regional values exist There is no consistency with respect to the quantitative limits (ie there are instances where the City is more stringent and cases were the Region is more stringent)
PGL obtained information regarding the rationale for the various limits from Simon Beacock Group Leader Region of Durham Sewer Use Bylaw Office The information indicates that most values are taken from the City of Toronto bylaw or are four times the City of Toronto or Regions detection limits for its lab Mr Beacock indicated that the values used have been accepted by the Municipal Sewer Use Group whose members include the Region of Durham Region of York City of Toronto and other municipalities or regions
Table 1 also shows a comparison of the list of restricted items for discharge to the storm sewer (qualitative items) The Regions list is more extensive than the Citys but the Citys items are all found within the Regions list For ease of implementation PGL recommends the Citys list mirror the Regions asit is mor~ complete
There are also severaJ sections of the Regions bylaw that differ from the Citys There are definitions that vary from the Regions however many of these are due to the fact that the Citys bylaw does not include sanitary sewer discharges The Region also includes sections on foundation drain connections oil grease and sand interceptors a prohibition of dilution agreements compliance programs Pollution Prevention Plans applications for waste discharge and surveys and several general categories Some of these sections could be incorporated in the Citys updated bylaw as appropriate as discussed in Section 63
PGL discussed the implementation of and changes to Durham Regions Sewer Use Bylaw with Simon Beacock He indicated that although the bylaw includes the option to require a pollution prevention plan or connection permits with a waste survey these are not being implemented The need for connection permits will likely be removed in the future bylaw The Region finds that enforcement of these sections is often not practical and it is focussed on education rather than enforcement The Region has developed pollution prevention plans for numerous industries that are known to commonly discharge wastes above the limits
The Region of Durham had no comments on our draft report --- middotmiddotmiddot
63 Bylaw Templates
There are three model sewer use bylaws in Ontario
1 Model Sewer Use Bylaw Ontario Ministry of Environment August 1988 was reprinted in middot October 1989
2 Model Sewer Use Bylaw DRAFT only Ontario Ministry of Environment 1998 and
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3 Model Sewer Use Bylaw Guidance Document Marbek Resource Consultants Ltd submitted to Canadian Council of Ministers of Environment February 2009
In an effort to promote the development of sewer use bylaws the Ontario Ministry of Environment (MOE) published a template bylaw in 1988 This template is the model used by the City of Oshawa for the development of its current bylaw Many of the quantitative water quality values used in the model bylaw are derived from the Provincial Water Quality Objectives (PWQO) and include a dilution factor of 15 to 5 times The standards include a note that the values and prohibitions are intended as trigger levels for further action Where a discharge exceeds a limit the municipality is to request the industry prepare andmiddot implement a Best Management Plan to address the stollT1water discharge The limits and prohibitions are also intended to apply to two cases only for runoff from an industrial process area and where material has been purposely added to the storm sewer as a method of disposal
The MOEs draft 1998 model sewer use bylaw was posted for comment but never finalized In middot this version the various prohibitions remain but the numerical limits are replaced with a statement that the discharge should notimpair the quality of the water in any well lake river pond spring stream reservoir or other water or watercoursemiddot The sections on sampling and analysis spills and offences and penalties also were reworded and a section added regarding discharger selfshymonitoring
The 2009 sewer use bylaw model applies only to sanitary and combined sewer works and does notapply to the Citysmiddot context The model bylaw does however have up-to-date definitions and clauses that may be of use for some of the Citys needs middot
In summary there is little useful guidance available from the provincial government on a bylaw middotmiddot template Recent bylaws from other jurisdictions are likely more useful Information regarding the
purpose of the limits and the dilution factor used in the derivation of the limits are used in the discussion below
54 Central Lake Ontario Conservation Authority
The CLOCAs mandate is to promote the conservation restoration development and management of natural resources in partnershipmiddot with local municipalities and the province Although the Citys bylaw will take priority over CLOCAs guidelines PGL reviewed CLOCAs information and talked to CLOCA about its objectives
middot CLOCAs stormwater requirements are found in Technical Guidelines for Stormwater Management Submissions CLOCA June 2007 revised March 2010 This document contains guidance regarding stormwater system design and CLOCA requirements Regarding water quality CLOCA uses guidance from the Ontario MOEs Stormwater Management Planning and Design Manual 2003 In this document there is a requirement that 70 to 80 of suspended solids be removed from a propertys stormwater discharge CLOCA provides other guidance
middot regarding infiltration erosion control and oil and grit separators Best management practicesmiddot discussed include reduced lot grading roof leaders discharging to areas of infiltration infiltration trenches grassed swales and pervious pipe and catch basin systems
CLOCA had two comments on the draft version of this report It shares the official policy of the Ontario Ministry of E11vironment and Fisheries and Oceans Canada with respect to applying dilution factors (ie it had concerns regarding the use of a dilution factor) CLOCA supports the implementation of options for action on non-compliance situations (ie pollution prevention plans or requirements for physical works)
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55 Effects Based Guidelines
PGL compared the sewer use bylaw standards to commonly accepted effects-based guidelines (ie values that indicate possible adverse effects to aquatic life) Documents reviewed include
bull Water Management Policies Guidelines and Provincial Water Quality Objectives (commonly called PWQO) Ontario Ministry of Environment and Energy July 1994 reprinted 1999
middot bull Canadian Environmental Quality Guidelines Canadian Council of Ministers of the Environment (CCME) 1999 and last updated 2007
bull Great Lakes Water Quality Agreement of 1978 (GLWaA) last amended 1987 and bull Rationale for the Development of Soil and Ground Water Standards for Use at Contaminated
Sites in Ontario MOE December 22 2009 From this document the Aquatic Protection Values (APVs) were used for comparison
From these 1guidelines the PWQO is the most commonly used document in Ontario The other documents were used as reference or to support discussions and recommendations below
The CCME PWQO GLWQA and APV values indicate habitats that are acceptable for aquatic life These are considered chronic effect limits Some mixing and dilution will take place in the pipe before discharge to surface water and further mixing and dilution will take place in a receiving water body Reliance on a dilution factor to achieve standards in the receiving water body (ie to accommodate for mixing) is officially discouraged by both the MOE and Fisheries and Oceans Canada Discussions with the Region and MOE however indicate that they understand mixing is available for rainfall discharges (ie the use of dilution in the stream can be used) As a result of this practice we have also incorporated a dilution factor into our discussion below
Table 1 (attached) shows our comparison to the various effect-based standards Based on the common use of the PWQO we used this as a preliminary evaluation of limits Table A below shows discharge limits from the City or Region that exceed PWQO values
As a secondary screen of effect-based values PGL
1 Assumed a dilution factor of 5 times The MOE template bylaw allowed for a dilution factor of 15 to 5 times based on the compound and 5 seems reasonable given the allowance for dilution in the stream
2 Compared discharge limits to 5 times PWQO
3 Compared discharge limits to 5 times GCME values as these are more up to date than PWQOs
4 Compared discharge limits to 5 times APVs as these are the most up to date and are the values currently accepted by the MOE and
5 Highlighted compounds that exceeded any of the three comparisons above (bold and underlined in Table A)
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Table A Bylaw Values Exceeding PWQO
cadmium (ug1) 1
chromium (ug1) 200
copper (ug1) 10
lead (ug1) 50
mercury (total- ug1) 1
nickel (total - ug1) 50
silver (ug1) NS
zinc (ug1) 50
cyanide (ug1) NS
e-coli (colonies100 ml) 200
PCBs (ug1) NS
phenolics (ug1) NS
phosphorus (total ~ ug1) NS
1 2-dichlorobenzene (ug1) NS
14-dichlorobenzene (ug1) NS
toluene (ug1) NS
sect 02 0017
80 89 89
50 1-5 2-4
120 5-25 1-7
04 02 003
80 25 25-150
120 01 01
40 30 30
20 5 5
200 100 NS
04 0001 NS
sect 1 4
400 30 NS
56 25 07
68 4 26
2 08 20
021
64
69
2
077
39 -
012
89
52
NS
0014
961
NS
763
763
1400
1
80
50
10
04
80
NS
40
20
200
NS
NS
400
56
68
2
Notes NS =no standard ug1 =microgramgt per litre
Each of the compounds remaining was then evaluated on a case-by-case basis
bull Cadmium is soluble and toxic and there was no reason to deviate from the effect-based standards
bull The APV value for chromium is based on a 2008 US Environmental Protection Agency value and assumes a water hardness of 70mgl This hardness value represents relatively soft water and although high for rainfall is acceptable Since this is based on the most recent work it can be used and the Regio11s value is acceptable
bull The copper value may be toxicologically justified but is likely impractical to comply with Copper use is widespread and the use of the Regions value may be reasonable as a value that can be enforced Assuming a 10 times dilution factor in the pipe and stream would lead to a justifiable value of 50ugll as a discharge limit middot
bull Lead is not soluble under normal conditions but will solubilize with a reduced pH Given that lead in sediment is toxic to benthic invertebrates and in the food chain and given the common use of lead we recommend an effects-based standard The toxicity value is well justified
bull Silver discharges have typically been restricted due to its use in the photographic industry (ie film developing) Silver is highly insoluble and therefore would be expected in the sediment of discharges rather than the liquid The use of the Regions value may be
middot acceptable in cases with significant sediment Based on the difficulty of explaining the
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nuances of this difference between dissolved and total silver and the current lack of use of silver it is recommended to leave this value from the Citys list of parameters
bull CCME indicates that PCBs should not be treated as water quality parameter as the PCBs would be found primarily in sediment In addition the use of PCBs is very limited due to its restriction in the 1980s and there is no reason to believe this is a significant source of contamination to the Citys sewers Based on these two factors PGL recommends that PCB be left off of the Citys list of compounds -
bull The phenolics value exceeds 5 times the PWQO but is well below the APV value for phenol Phenolics is a broad analysis of various compounds and does notmiddot indicate a specific compound Based on the lack of specificity in the analysis PGL does not recommend the use of this value in the Citys list of compounds middot
bull The phosphorus level found in the PWQO was set to avoid nuisance algae blooms and to limit excessive plant growth in water bodies Phosphorus is not considered toxic in itself The Regions limit assumes a dilution factor of 13 times and this is likely acceptable given that stormwatermiddot emissions occur over short periods and the PWQO limit of 30ugJ is for a longshyterm average
In summary PGL believes that standards more stringent than the Regions should be used for cadmium and lead based on effects-based values The effects based value for copper is toxicologically justified but likely routinely exceeded because of the widespread use of copper and its solubility In this case the use of the Regions standards is likely appropriate for ease of implementation Silver and PCBs are not being used widely and would be found in sediment primarily We recommend that no standards be put in place for these Phenolics are a case where the testing does not represent toxicity and therefore should not be used Phosphorus is another case that is not related directly to toxicity however does reflect a water bodys health The Regions value is appropriate in this case
It is understood that many of the Regions limits were set based on 4 times the method detection limit for the City -of Toronto or Regions lab The limits were set some timemiddot in the past and current commercial labs can readily meet the PWQO values PGL believes that the 4 times method detection limit rationale is not technically justifiable at this time middot
Although there are toxicity concerns with cadmium and lead the City may still elect to use the Regions values for ease of implementation These values are widely used by other municipalities as seen on Table 1 and the MOE has no i(nmediate concerns with the values (conversation with Ted Belayneh Group Leader Surface Water) It should be noted however that the values will likely be reduced in the future as the trend in environmental protection is generally to lower standards particularly for these parameters
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
PGL contacted various municipalities i~ the Durham Region (Pickering Ajax Whitby and Clarington) to discuss their sewer use bylaws Of these municipalities only Ajax has a valid sewer use bylaw Their current bylaw is from 1972 and is considered significantly out of date Pickering has a one-page bylaw from the 1960s that is not being used Of the four municipalities consulted only Ajax is in the process of updating its current bylaw middot
The Town of Ajaxs draft sewer use bylaw limits are shown in Table 1 along with the Regions values As can be seen the values generally mirror the current Regions alues There are also numerous compounds included in the Town of Ajaxs list of values that are not part of the Citys or
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Regions bylaws Discussions indicate that these were added to reflect industrial processes present in the Town of Ajaxs local jurisdiction It is PGLs recommendation not to adopt this expanded list of contaminants to facilitate implementation The expanded list would be largely captured in the bylaw with the list of prohibited materials
The draft Town of Ajax bylaw is the only other bylaw reviewed that was for stormwater only The text includes various items not found in the City of Oshawas bylaw These items are noted below and were considered in our evaluation of recommended changes
bull Options for action on non-compliance other than a Notice of Violation Options include imposing requirements for a study on stormwater quality or quantity modification or the construction of stormwater facilities implementing pollution prevention techniques and others Owners have 1 0 days to initiate compliance with these requirements
bull The ability to provide a limited time compliance program The compliance program may include discharges exceeding limits and is intended as a bridge toward full compliance (Le installation of a treatment facility or other modifications)
bull An option to require industrial occupants who exceed limits fail to comply with a compliance program or hav~ had spills to conduct a study of effects or to develop a pollution prevention plan
bull Requirements to install and maintain oil grease and sand interceptors for any owners who may discharge oil or sediment respectively
bull Requirements for construction activities and outdoor storage bull Sections on confidentiality and enforcement
57 Other Municipal and Regional Bylaws
PGL reviewed a number of cgtther sewer use bylaws In the selection of bylaws to review PGL focussed on recent bylaws or regions that are considered leaders in the management of water The values restricting discharges to the storm sewer are noted on Table 1 as well as the various prohibitions All of these bylaws include both stormwater and sanitary discharges The information noted below was used in our evaluation of recommended changes to the City of Oshawas bylaw
The bylaws reviewed consisted of sewer use bylaws from
bull Regional Municipality of York 2010 Draft bull City ofKingston 2008 bull City of Ottawa 2003 bull City of Toronto 2009 bull Regional Municipality of Waterloo 1992 bull City of London 2010 and bull Regional Municipality of Niagara 2008
With regards to the limits imposed on stormwater discharges the other cities and regions are relatively similar and consistent with the Region of Durham The middotCity of Waterloo is somewhat of an outlier and often has standards for stormwater discharges that are more stringent than other
- areas The Citys values are higher or lower than other areas with little consistency The Region of Durham Region of York and City of Toronto have values that are very similar with the only differences being that the Region has a higher limit than the City of Toronto for manganese The
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City of Toronto also has numerous organic compounds that are not included the Regions list of compounds
With regards to the text of the bylaw there are numerous differences between the various cities and regions The great majority of the bylaws have sections relating to definitions discharge requirements a prohibition of dilution agreements for discharges sampling and analytical requirements amiddot compliance program maintenance access points and requirements for interceptors The prohibition of dilution restricts people from diluting a waste to meet the bylaw requirements The compliance programs allow an industry to discharge waste out of compliance while it is taking steps to meet compliance middot
One area where various regions differ significantly is on the requirements made of industries The City of Toronto for example required Pollution Prevention Plans from almost all industries with an initial deadline of 2002 Other regions (ie York and Durham) have the ability to request Pollution Prevention Plans Waterloo and Kingston require waste survey reports while York Durham and Ottawa have the option to request them The only region or city with an option tQ prepare a Best Management Plan is Waterloo
Another area where there are significant differences is in the actions allowed if there are discharges over the limits prescribed In almost all cases a compliance plan is permitted to close the gap to compliance In Waterloos case the implementation of a Best Management Plan will allow for discharges Qutside of the prescribed limits In Yorks case a Pollution Prevention Plan may be required Kingston has no option other than compliance
Several but not all of the bylaws reviewed include language regarding the responsibilities for samplirig and monitoring York Niagara Toronto and Ottawa all indicate that sampling required
by the city or region is to be paid for by the owner
58 Best Management Practices
There are numerous best management practices (BMPs) that can be implemented to control the flow and quality of stormwater discharges Adopting a workable and up-to-date sewer use bylaw middotis one of the things that can be done to improve the environment and in this report PGL has several recommendations for how this can be done Other best management options include
bull Enforcement of sewer use bylaw bull Education of industries and the public This can be done through information sessions
developing materials for education or by labelling high risk catch pasins that discharge to surface water and fish habitat middot
bull Incorporating environmentally sound practices in the design and approval of stormwater management plans prepared by existing industries andor new developments These Low Impact Development features could include middot gt Volume Reduction - reduce and mitigate the total runoff volume caused by increased
urban development and subsequent increasing impervious areas and maximize the amount of runoff returned to shallow groundwater via recharge BMPs for volume reduction and maximizing recharge include ground infiltration systems (ie permeable pipes and catch basins rock drains) pervious pavement designs restrictor plates biofiltration swales and long-term storage in constructed wetlands or ponds
gt Water Quality Improvements - mitigate water quality impacts to fish habitat by collecting and treating fir8t flush events ofmiddot smaller storms and more frequent runoff events from impervious areas BMPs for water quality include biofiltration swales and constructed wetlands Oil and grit separators are also a way to improve water quality as many of the
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contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
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Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
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In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
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added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
PGL
Storm Sewer Use Bylaw Evaluation Aprll2011 The Corporation of the City of Oshawa Page 14 PGL File 25990101
639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
copper (ug1) 50
lead (ug1) 10
manganese (total - ug1) 150
mercury (total - ug1) 04
nickel (total - ug1) 80
selenium (total - ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ugn) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml) 200
phosphorus (total P ug1) 400
total kjeldahl nitrogen (ug1) 1000
1122-tetrachloroethylene (ug1) 17
12-dichlorobenzene (ug1) 56
1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88
chloroform (ug1) 2
cis-12-dichloroethylene (ug1) 56
di-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene (ug1) 44
toluene (ug1) 2
trans-13-dichloropropylene (ug1) 56
trichloroethylene (ug1) 8
xylenes (total- ug1)) 44
Notes C =degrees Celsius ugn = micrograms per litre
The current City bylaw contains no options related to exceedences of bylaw limits or prohibited discharges The only option when this occurs now is for a Notice of Violation PGL recommends more options be available to address situations where dischargers cannot technically or costshyeffectively meet discharge limits We propose that the options include a Compliance Program to allowmiddot gradual compliance Where compliance is not feasiole a Pollution Prevention Plan
J PGL
approach should be allowed Pollution prevention plans seek to reduce non-compliant discharges that cannot be rectified completely
We also recommended that several sections be added or amended in the updated bylaw The sections are noted below These recommendations were made to improve the implementation of the bylaw
bull Updated Definitions
bull Prohibition of Dilution
bull Confidentiality bull Manholes
bull Interceptors
bull Sampling and Analysis
bull Authority to Investigate
middotFinally PGL recommends that the City implement best management practices to improve the quality and reduce the quantity of storm sewer discharges Many of these practices are likely already in place during the approvals process Pollution Prevention Plans are also considered a best management practice Actions that can be taken by the City of Oshawa include enforcement of the bylaw a maintenance program for the storm sewer system and education
PPGL
Table of Contents
10 Introduction bullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbullbullbullbullbullbullbullbull ~bullbullbullbullbullbullbullbullbullbullbullbullbull1
20 background bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
30 Objectivebullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
40 Work Program bullbullbullbullbullbullbullbullbullbullbullbullbullbullbull~bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
50 middot Findings 2
51 Regulatory Context middot 2
52 Comparison to Durham Region Sewer Use Bylaw 3
53 Bylaw Templates 3
54 Central Lake Ontario Conservation Authority 4
55 Effects Based Guidelines 5
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
57 Other Municipal and Regional Bylaws 8
58 Best Management Practices 9
60 Discussion 1 0
61 Values to Limit Discharges 10
62 Actions Taken When Non-compliance Occurs 12
63 Recommended Clauses or Sections for a Future Bylaw 12
631 Defh1itions 12
632 Prohibition of Dilution12
633 Confidentiality 13
634 Manholes 13
635 lnterceptors13
636 Sampling and Analysis 13
637 Authority to Investigate 13
638 Construction Controls 13
639 Foundation Drains 14
64 Best Management Practices 14
70 Standard Limitations bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbull 14
TABLES
In Text Table A Bylaw Values Exceeding PWQO 6 Table B Recommended Values for Sewer Discharge Limits 11
Appended Table 1 Comparison of Stormwater Discharge Limits
APV BMP CCME City CLOCA GLWQA
MOE PGL
PWQO
Region
List of Acronyms
Aquatic Protection Values
best mangement practice
Canadian Council of Ministers of the Environment
Corporation of the City of Oshawa
Central Lake Ontario Conservation Authority
Great Lakes Water Quality Agreement
Ontario Ministry of Environment
Pottinger Gaherty Environmental Consultants Ltd
Provincial Water Quality Objective
Region of Durham
PGL
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page1 PGL File 2599-0101
10 INTRODUCTION c
c
Pottinger Gaherty middotEnvironmental Consultants Ltd (PGL) is pleased to provide our evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This report has been prepared to document our work findings and recommendations
20 BACKGROUND
The City has a sewer use bylaw regulating discharges to the municipal storm sewers This bylaw is in place primarily to ensure the efficient operation of the system and for the protection of the natural environment This bylaw was last updated in 1995 Recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
30 OBJECTIVE
The evaluation was conduded
bull to update the bylaw to the most recent pradices and science bull to ensure protedion of the naturalaquatic environment and bull to harmonize the Citys bylaw with the Regions bylaw to the extent possible
PGL was also asked to consider best management pradices that may be implemented by the City to improve stormwater quality
40 WORK PROGRAM
middotTo meet the objedives noted above PGL designed a work program to evaluate the Citys bylaw against the various other bylaws and effeds-based standards and guidelines Specifically PGL
1 Met with the City to clarify needs and current practices
2 Met with the Region of Durham to identify the rationale behind some of its bylaw components middot
3 Met with the Central Lake Ontario Conservation Authority (CLOCA) to discuss its perspedive on stormwater and environmental prot~ction
4 Contacted the various municipalities in Durham Regionmiddot to determine if they have a sewer use bylaw or if they are currently working to revise their bylaws
5 Reviewed similar bylaws from the Region of Durham Durham Region municipalities and other Ontario municipalities that are considered leaders middotin environmental protection (ie Regional MunicipalitY of Niagara City of London Regional Municipality of Waterloo City of Toronto City of Ottawa City of Kingston and Regional Municipality of York)
6 Compared numerical and qualitative standards from the Region of Durhilm and various regions and municipalities with the City standards
7 Compared effed-based standards (ie Provincial Water Quality Objectives Canadian Water Quality Guidelines for the Protedion of Aquatic Life Great Lakes Water Quality Agreement Aquatic Protedion Values) with the City and Region standards
8 Evaluated best management practices and their applicability to the City of Oshawas situation
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page2 PGL File 2599-0101
9 Proposed modifications to the current bylaw that update standards and various management components
10 Met with the City Region and CLOCA to discuss our findings and recommendations and
11 Prepared a draft report of our findings and incorporated comments from the City Region and CLOCA and
12 Prepared this final report of our findings
50 FINDINGS
The findings are discussed in categories related to our work completed Each set of findings are evaluated and discussed Many of the sewer use bylaws apply to both sanitary and storm sewers As Oshawas bylaw relates to storm sewers only PGL only evaluated the storm sewer components of each bylaw The findings discussed here are then used in our discussion section to make recommendations for modifications to the Citys bylaw
51 Regulatory Context
To understand the various limits and values relating to environmental effects PGL has summarized some of the applicable legislation Information from this section is used later in the report when we evaluate proposed bylaw limits The provincial statues apply to surface water in the City as do federal requirements because of the fact that surface water is considered fish habitat
The federal Fisheries Act prohibits the deposit of a deleterious substance of any type in water frequented by fish or in any place under any Conditions where the deleterious substance or any
middotother deleterious substance that results from the deposit of the deleterious substance may enter any such water (subsection 36(3)) Any substance with a potentially harmful chemical physical or biological effect on fish or fish habitat is considered to be deleterious
Section 30(1) of the Ontario Water Resources Act states that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters is guilty of an offence
The Ontario Environmental Protection Act provides the legislative authority to limit the discharge of contaminants to the natural environment Section 14(1) of the Ontario Environmental Protection Act (RSO 1990) states that a person shall not discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment if the discharge causes or may cause an adverse effect Section 1 (1) of the same act defines adverse effect as one or more of (a) impairment of the quality of the natural environment for any use that can be made of it (b) injury or damage to property or to plant or animal life (c) harm or material discomfort to any person (d) an adverse effect on the health of any person (e) impairment of the safety of any person (f) rendering any property or plant or animal life unfit for use by man (g) loss of enjoyment of normal use of property ancf (h) interference with the normal conduct of business
IJPGL
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Storm Sewer Use Bylaw Evaluation Aprl12011 The Corporation of the City of Oshawa Page3 PGL File 2599-0101
52 Comparison to Durham Region Sewer Use Bylaw
PGL compared the City and the Regions sewer use bylaws to evaluate significant differences The Regions bylaw (Bylaw 43-2004) was last revised in June-2009 Changes to the Regions bylaw are being considered and we also discuss differences with the draft concepts The revised changes will have no effect on stormwater discharge criteria
Table 1 (appended) shows a comparison of the City and Region bylaws with respect to storm sewer discharge values There are numerous cases where there are no City values and Regional values exist There is no consistency with respect to the quantitative limits (ie there are instances where the City is more stringent and cases were the Region is more stringent)
PGL obtained information regarding the rationale for the various limits from Simon Beacock Group Leader Region of Durham Sewer Use Bylaw Office The information indicates that most values are taken from the City of Toronto bylaw or are four times the City of Toronto or Regions detection limits for its lab Mr Beacock indicated that the values used have been accepted by the Municipal Sewer Use Group whose members include the Region of Durham Region of York City of Toronto and other municipalities or regions
Table 1 also shows a comparison of the list of restricted items for discharge to the storm sewer (qualitative items) The Regions list is more extensive than the Citys but the Citys items are all found within the Regions list For ease of implementation PGL recommends the Citys list mirror the Regions asit is mor~ complete
There are also severaJ sections of the Regions bylaw that differ from the Citys There are definitions that vary from the Regions however many of these are due to the fact that the Citys bylaw does not include sanitary sewer discharges The Region also includes sections on foundation drain connections oil grease and sand interceptors a prohibition of dilution agreements compliance programs Pollution Prevention Plans applications for waste discharge and surveys and several general categories Some of these sections could be incorporated in the Citys updated bylaw as appropriate as discussed in Section 63
PGL discussed the implementation of and changes to Durham Regions Sewer Use Bylaw with Simon Beacock He indicated that although the bylaw includes the option to require a pollution prevention plan or connection permits with a waste survey these are not being implemented The need for connection permits will likely be removed in the future bylaw The Region finds that enforcement of these sections is often not practical and it is focussed on education rather than enforcement The Region has developed pollution prevention plans for numerous industries that are known to commonly discharge wastes above the limits
The Region of Durham had no comments on our draft report --- middotmiddotmiddot
63 Bylaw Templates
There are three model sewer use bylaws in Ontario
1 Model Sewer Use Bylaw Ontario Ministry of Environment August 1988 was reprinted in middot October 1989
2 Model Sewer Use Bylaw DRAFT only Ontario Ministry of Environment 1998 and
PGL
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Pag4PGL File 2599-0101
3 Model Sewer Use Bylaw Guidance Document Marbek Resource Consultants Ltd submitted to Canadian Council of Ministers of Environment February 2009
In an effort to promote the development of sewer use bylaws the Ontario Ministry of Environment (MOE) published a template bylaw in 1988 This template is the model used by the City of Oshawa for the development of its current bylaw Many of the quantitative water quality values used in the model bylaw are derived from the Provincial Water Quality Objectives (PWQO) and include a dilution factor of 15 to 5 times The standards include a note that the values and prohibitions are intended as trigger levels for further action Where a discharge exceeds a limit the municipality is to request the industry prepare andmiddot implement a Best Management Plan to address the stollT1water discharge The limits and prohibitions are also intended to apply to two cases only for runoff from an industrial process area and where material has been purposely added to the storm sewer as a method of disposal
The MOEs draft 1998 model sewer use bylaw was posted for comment but never finalized In middot this version the various prohibitions remain but the numerical limits are replaced with a statement that the discharge should notimpair the quality of the water in any well lake river pond spring stream reservoir or other water or watercoursemiddot The sections on sampling and analysis spills and offences and penalties also were reworded and a section added regarding discharger selfshymonitoring
The 2009 sewer use bylaw model applies only to sanitary and combined sewer works and does notapply to the Citysmiddot context The model bylaw does however have up-to-date definitions and clauses that may be of use for some of the Citys needs middot
In summary there is little useful guidance available from the provincial government on a bylaw middotmiddot template Recent bylaws from other jurisdictions are likely more useful Information regarding the
purpose of the limits and the dilution factor used in the derivation of the limits are used in the discussion below
54 Central Lake Ontario Conservation Authority
The CLOCAs mandate is to promote the conservation restoration development and management of natural resources in partnershipmiddot with local municipalities and the province Although the Citys bylaw will take priority over CLOCAs guidelines PGL reviewed CLOCAs information and talked to CLOCA about its objectives
middot CLOCAs stormwater requirements are found in Technical Guidelines for Stormwater Management Submissions CLOCA June 2007 revised March 2010 This document contains guidance regarding stormwater system design and CLOCA requirements Regarding water quality CLOCA uses guidance from the Ontario MOEs Stormwater Management Planning and Design Manual 2003 In this document there is a requirement that 70 to 80 of suspended solids be removed from a propertys stormwater discharge CLOCA provides other guidance
middot regarding infiltration erosion control and oil and grit separators Best management practicesmiddot discussed include reduced lot grading roof leaders discharging to areas of infiltration infiltration trenches grassed swales and pervious pipe and catch basin systems
CLOCA had two comments on the draft version of this report It shares the official policy of the Ontario Ministry of E11vironment and Fisheries and Oceans Canada with respect to applying dilution factors (ie it had concerns regarding the use of a dilution factor) CLOCA supports the implementation of options for action on non-compliance situations (ie pollution prevention plans or requirements for physical works)
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55 Effects Based Guidelines
PGL compared the sewer use bylaw standards to commonly accepted effects-based guidelines (ie values that indicate possible adverse effects to aquatic life) Documents reviewed include
bull Water Management Policies Guidelines and Provincial Water Quality Objectives (commonly called PWQO) Ontario Ministry of Environment and Energy July 1994 reprinted 1999
middot bull Canadian Environmental Quality Guidelines Canadian Council of Ministers of the Environment (CCME) 1999 and last updated 2007
bull Great Lakes Water Quality Agreement of 1978 (GLWaA) last amended 1987 and bull Rationale for the Development of Soil and Ground Water Standards for Use at Contaminated
Sites in Ontario MOE December 22 2009 From this document the Aquatic Protection Values (APVs) were used for comparison
From these 1guidelines the PWQO is the most commonly used document in Ontario The other documents were used as reference or to support discussions and recommendations below
The CCME PWQO GLWQA and APV values indicate habitats that are acceptable for aquatic life These are considered chronic effect limits Some mixing and dilution will take place in the pipe before discharge to surface water and further mixing and dilution will take place in a receiving water body Reliance on a dilution factor to achieve standards in the receiving water body (ie to accommodate for mixing) is officially discouraged by both the MOE and Fisheries and Oceans Canada Discussions with the Region and MOE however indicate that they understand mixing is available for rainfall discharges (ie the use of dilution in the stream can be used) As a result of this practice we have also incorporated a dilution factor into our discussion below
Table 1 (attached) shows our comparison to the various effect-based standards Based on the common use of the PWQO we used this as a preliminary evaluation of limits Table A below shows discharge limits from the City or Region that exceed PWQO values
As a secondary screen of effect-based values PGL
1 Assumed a dilution factor of 5 times The MOE template bylaw allowed for a dilution factor of 15 to 5 times based on the compound and 5 seems reasonable given the allowance for dilution in the stream
2 Compared discharge limits to 5 times PWQO
3 Compared discharge limits to 5 times GCME values as these are more up to date than PWQOs
4 Compared discharge limits to 5 times APVs as these are the most up to date and are the values currently accepted by the MOE and
5 Highlighted compounds that exceeded any of the three comparisons above (bold and underlined in Table A)
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page6 PGL File 2599-0101
Table A Bylaw Values Exceeding PWQO
cadmium (ug1) 1
chromium (ug1) 200
copper (ug1) 10
lead (ug1) 50
mercury (total- ug1) 1
nickel (total - ug1) 50
silver (ug1) NS
zinc (ug1) 50
cyanide (ug1) NS
e-coli (colonies100 ml) 200
PCBs (ug1) NS
phenolics (ug1) NS
phosphorus (total ~ ug1) NS
1 2-dichlorobenzene (ug1) NS
14-dichlorobenzene (ug1) NS
toluene (ug1) NS
sect 02 0017
80 89 89
50 1-5 2-4
120 5-25 1-7
04 02 003
80 25 25-150
120 01 01
40 30 30
20 5 5
200 100 NS
04 0001 NS
sect 1 4
400 30 NS
56 25 07
68 4 26
2 08 20
021
64
69
2
077
39 -
012
89
52
NS
0014
961
NS
763
763
1400
1
80
50
10
04
80
NS
40
20
200
NS
NS
400
56
68
2
Notes NS =no standard ug1 =microgramgt per litre
Each of the compounds remaining was then evaluated on a case-by-case basis
bull Cadmium is soluble and toxic and there was no reason to deviate from the effect-based standards
bull The APV value for chromium is based on a 2008 US Environmental Protection Agency value and assumes a water hardness of 70mgl This hardness value represents relatively soft water and although high for rainfall is acceptable Since this is based on the most recent work it can be used and the Regio11s value is acceptable
bull The copper value may be toxicologically justified but is likely impractical to comply with Copper use is widespread and the use of the Regions value may be reasonable as a value that can be enforced Assuming a 10 times dilution factor in the pipe and stream would lead to a justifiable value of 50ugll as a discharge limit middot
bull Lead is not soluble under normal conditions but will solubilize with a reduced pH Given that lead in sediment is toxic to benthic invertebrates and in the food chain and given the common use of lead we recommend an effects-based standard The toxicity value is well justified
bull Silver discharges have typically been restricted due to its use in the photographic industry (ie film developing) Silver is highly insoluble and therefore would be expected in the sediment of discharges rather than the liquid The use of the Regions value may be
middot acceptable in cases with significant sediment Based on the difficulty of explaining the
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nuances of this difference between dissolved and total silver and the current lack of use of silver it is recommended to leave this value from the Citys list of parameters
bull CCME indicates that PCBs should not be treated as water quality parameter as the PCBs would be found primarily in sediment In addition the use of PCBs is very limited due to its restriction in the 1980s and there is no reason to believe this is a significant source of contamination to the Citys sewers Based on these two factors PGL recommends that PCB be left off of the Citys list of compounds -
bull The phenolics value exceeds 5 times the PWQO but is well below the APV value for phenol Phenolics is a broad analysis of various compounds and does notmiddot indicate a specific compound Based on the lack of specificity in the analysis PGL does not recommend the use of this value in the Citys list of compounds middot
bull The phosphorus level found in the PWQO was set to avoid nuisance algae blooms and to limit excessive plant growth in water bodies Phosphorus is not considered toxic in itself The Regions limit assumes a dilution factor of 13 times and this is likely acceptable given that stormwatermiddot emissions occur over short periods and the PWQO limit of 30ugJ is for a longshyterm average
In summary PGL believes that standards more stringent than the Regions should be used for cadmium and lead based on effects-based values The effects based value for copper is toxicologically justified but likely routinely exceeded because of the widespread use of copper and its solubility In this case the use of the Regions standards is likely appropriate for ease of implementation Silver and PCBs are not being used widely and would be found in sediment primarily We recommend that no standards be put in place for these Phenolics are a case where the testing does not represent toxicity and therefore should not be used Phosphorus is another case that is not related directly to toxicity however does reflect a water bodys health The Regions value is appropriate in this case
It is understood that many of the Regions limits were set based on 4 times the method detection limit for the City -of Toronto or Regions lab The limits were set some timemiddot in the past and current commercial labs can readily meet the PWQO values PGL believes that the 4 times method detection limit rationale is not technically justifiable at this time middot
Although there are toxicity concerns with cadmium and lead the City may still elect to use the Regions values for ease of implementation These values are widely used by other municipalities as seen on Table 1 and the MOE has no i(nmediate concerns with the values (conversation with Ted Belayneh Group Leader Surface Water) It should be noted however that the values will likely be reduced in the future as the trend in environmental protection is generally to lower standards particularly for these parameters
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
PGL contacted various municipalities i~ the Durham Region (Pickering Ajax Whitby and Clarington) to discuss their sewer use bylaws Of these municipalities only Ajax has a valid sewer use bylaw Their current bylaw is from 1972 and is considered significantly out of date Pickering has a one-page bylaw from the 1960s that is not being used Of the four municipalities consulted only Ajax is in the process of updating its current bylaw middot
The Town of Ajaxs draft sewer use bylaw limits are shown in Table 1 along with the Regions values As can be seen the values generally mirror the current Regions alues There are also numerous compounds included in the Town of Ajaxs list of values that are not part of the Citys or
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa PageS PGL File 2599-0101
Regions bylaws Discussions indicate that these were added to reflect industrial processes present in the Town of Ajaxs local jurisdiction It is PGLs recommendation not to adopt this expanded list of contaminants to facilitate implementation The expanded list would be largely captured in the bylaw with the list of prohibited materials
The draft Town of Ajax bylaw is the only other bylaw reviewed that was for stormwater only The text includes various items not found in the City of Oshawas bylaw These items are noted below and were considered in our evaluation of recommended changes
bull Options for action on non-compliance other than a Notice of Violation Options include imposing requirements for a study on stormwater quality or quantity modification or the construction of stormwater facilities implementing pollution prevention techniques and others Owners have 1 0 days to initiate compliance with these requirements
bull The ability to provide a limited time compliance program The compliance program may include discharges exceeding limits and is intended as a bridge toward full compliance (Le installation of a treatment facility or other modifications)
bull An option to require industrial occupants who exceed limits fail to comply with a compliance program or hav~ had spills to conduct a study of effects or to develop a pollution prevention plan
bull Requirements to install and maintain oil grease and sand interceptors for any owners who may discharge oil or sediment respectively
bull Requirements for construction activities and outdoor storage bull Sections on confidentiality and enforcement
57 Other Municipal and Regional Bylaws
PGL reviewed a number of cgtther sewer use bylaws In the selection of bylaws to review PGL focussed on recent bylaws or regions that are considered leaders in the management of water The values restricting discharges to the storm sewer are noted on Table 1 as well as the various prohibitions All of these bylaws include both stormwater and sanitary discharges The information noted below was used in our evaluation of recommended changes to the City of Oshawas bylaw
The bylaws reviewed consisted of sewer use bylaws from
bull Regional Municipality of York 2010 Draft bull City ofKingston 2008 bull City of Ottawa 2003 bull City of Toronto 2009 bull Regional Municipality of Waterloo 1992 bull City of London 2010 and bull Regional Municipality of Niagara 2008
With regards to the limits imposed on stormwater discharges the other cities and regions are relatively similar and consistent with the Region of Durham The middotCity of Waterloo is somewhat of an outlier and often has standards for stormwater discharges that are more stringent than other
- areas The Citys values are higher or lower than other areas with little consistency The Region of Durham Region of York and City of Toronto have values that are very similar with the only differences being that the Region has a higher limit than the City of Toronto for manganese The
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City of Toronto also has numerous organic compounds that are not included the Regions list of compounds
With regards to the text of the bylaw there are numerous differences between the various cities and regions The great majority of the bylaws have sections relating to definitions discharge requirements a prohibition of dilution agreements for discharges sampling and analytical requirements amiddot compliance program maintenance access points and requirements for interceptors The prohibition of dilution restricts people from diluting a waste to meet the bylaw requirements The compliance programs allow an industry to discharge waste out of compliance while it is taking steps to meet compliance middot
One area where various regions differ significantly is on the requirements made of industries The City of Toronto for example required Pollution Prevention Plans from almost all industries with an initial deadline of 2002 Other regions (ie York and Durham) have the ability to request Pollution Prevention Plans Waterloo and Kingston require waste survey reports while York Durham and Ottawa have the option to request them The only region or city with an option tQ prepare a Best Management Plan is Waterloo
Another area where there are significant differences is in the actions allowed if there are discharges over the limits prescribed In almost all cases a compliance plan is permitted to close the gap to compliance In Waterloos case the implementation of a Best Management Plan will allow for discharges Qutside of the prescribed limits In Yorks case a Pollution Prevention Plan may be required Kingston has no option other than compliance
Several but not all of the bylaws reviewed include language regarding the responsibilities for samplirig and monitoring York Niagara Toronto and Ottawa all indicate that sampling required
by the city or region is to be paid for by the owner
58 Best Management Practices
There are numerous best management practices (BMPs) that can be implemented to control the flow and quality of stormwater discharges Adopting a workable and up-to-date sewer use bylaw middotis one of the things that can be done to improve the environment and in this report PGL has several recommendations for how this can be done Other best management options include
bull Enforcement of sewer use bylaw bull Education of industries and the public This can be done through information sessions
developing materials for education or by labelling high risk catch pasins that discharge to surface water and fish habitat middot
bull Incorporating environmentally sound practices in the design and approval of stormwater management plans prepared by existing industries andor new developments These Low Impact Development features could include middot gt Volume Reduction - reduce and mitigate the total runoff volume caused by increased
urban development and subsequent increasing impervious areas and maximize the amount of runoff returned to shallow groundwater via recharge BMPs for volume reduction and maximizing recharge include ground infiltration systems (ie permeable pipes and catch basins rock drains) pervious pavement designs restrictor plates biofiltration swales and long-term storage in constructed wetlands or ponds
gt Water Quality Improvements - mitigate water quality impacts to fish habitat by collecting and treating fir8t flush events ofmiddot smaller storms and more frequent runoff events from impervious areas BMPs for water quality include biofiltration swales and constructed wetlands Oil and grit separators are also a way to improve water quality as many of the
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contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
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Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
IPGL
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In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
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added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
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639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
approach should be allowed Pollution prevention plans seek to reduce non-compliant discharges that cannot be rectified completely
We also recommended that several sections be added or amended in the updated bylaw The sections are noted below These recommendations were made to improve the implementation of the bylaw
bull Updated Definitions
bull Prohibition of Dilution
bull Confidentiality bull Manholes
bull Interceptors
bull Sampling and Analysis
bull Authority to Investigate
middotFinally PGL recommends that the City implement best management practices to improve the quality and reduce the quantity of storm sewer discharges Many of these practices are likely already in place during the approvals process Pollution Prevention Plans are also considered a best management practice Actions that can be taken by the City of Oshawa include enforcement of the bylaw a maintenance program for the storm sewer system and education
PPGL
Table of Contents
10 Introduction bullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbullbullbullbullbullbullbullbull ~bullbullbullbullbullbullbullbullbullbullbullbullbull1
20 background bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
30 Objectivebullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
40 Work Program bullbullbullbullbullbullbullbullbullbullbullbullbullbullbull~bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
50 middot Findings 2
51 Regulatory Context middot 2
52 Comparison to Durham Region Sewer Use Bylaw 3
53 Bylaw Templates 3
54 Central Lake Ontario Conservation Authority 4
55 Effects Based Guidelines 5
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
57 Other Municipal and Regional Bylaws 8
58 Best Management Practices 9
60 Discussion 1 0
61 Values to Limit Discharges 10
62 Actions Taken When Non-compliance Occurs 12
63 Recommended Clauses or Sections for a Future Bylaw 12
631 Defh1itions 12
632 Prohibition of Dilution12
633 Confidentiality 13
634 Manholes 13
635 lnterceptors13
636 Sampling and Analysis 13
637 Authority to Investigate 13
638 Construction Controls 13
639 Foundation Drains 14
64 Best Management Practices 14
70 Standard Limitations bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbull 14
TABLES
In Text Table A Bylaw Values Exceeding PWQO 6 Table B Recommended Values for Sewer Discharge Limits 11
Appended Table 1 Comparison of Stormwater Discharge Limits
APV BMP CCME City CLOCA GLWQA
MOE PGL
PWQO
Region
List of Acronyms
Aquatic Protection Values
best mangement practice
Canadian Council of Ministers of the Environment
Corporation of the City of Oshawa
Central Lake Ontario Conservation Authority
Great Lakes Water Quality Agreement
Ontario Ministry of Environment
Pottinger Gaherty Environmental Consultants Ltd
Provincial Water Quality Objective
Region of Durham
PGL
6u
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page1 PGL File 2599-0101
10 INTRODUCTION c
c
Pottinger Gaherty middotEnvironmental Consultants Ltd (PGL) is pleased to provide our evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This report has been prepared to document our work findings and recommendations
20 BACKGROUND
The City has a sewer use bylaw regulating discharges to the municipal storm sewers This bylaw is in place primarily to ensure the efficient operation of the system and for the protection of the natural environment This bylaw was last updated in 1995 Recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
30 OBJECTIVE
The evaluation was conduded
bull to update the bylaw to the most recent pradices and science bull to ensure protedion of the naturalaquatic environment and bull to harmonize the Citys bylaw with the Regions bylaw to the extent possible
PGL was also asked to consider best management pradices that may be implemented by the City to improve stormwater quality
40 WORK PROGRAM
middotTo meet the objedives noted above PGL designed a work program to evaluate the Citys bylaw against the various other bylaws and effeds-based standards and guidelines Specifically PGL
1 Met with the City to clarify needs and current practices
2 Met with the Region of Durham to identify the rationale behind some of its bylaw components middot
3 Met with the Central Lake Ontario Conservation Authority (CLOCA) to discuss its perspedive on stormwater and environmental prot~ction
4 Contacted the various municipalities in Durham Regionmiddot to determine if they have a sewer use bylaw or if they are currently working to revise their bylaws
5 Reviewed similar bylaws from the Region of Durham Durham Region municipalities and other Ontario municipalities that are considered leaders middotin environmental protection (ie Regional MunicipalitY of Niagara City of London Regional Municipality of Waterloo City of Toronto City of Ottawa City of Kingston and Regional Municipality of York)
6 Compared numerical and qualitative standards from the Region of Durhilm and various regions and municipalities with the City standards
7 Compared effed-based standards (ie Provincial Water Quality Objectives Canadian Water Quality Guidelines for the Protedion of Aquatic Life Great Lakes Water Quality Agreement Aquatic Protedion Values) with the City and Region standards
8 Evaluated best management practices and their applicability to the City of Oshawas situation
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9 Proposed modifications to the current bylaw that update standards and various management components
10 Met with the City Region and CLOCA to discuss our findings and recommendations and
11 Prepared a draft report of our findings and incorporated comments from the City Region and CLOCA and
12 Prepared this final report of our findings
50 FINDINGS
The findings are discussed in categories related to our work completed Each set of findings are evaluated and discussed Many of the sewer use bylaws apply to both sanitary and storm sewers As Oshawas bylaw relates to storm sewers only PGL only evaluated the storm sewer components of each bylaw The findings discussed here are then used in our discussion section to make recommendations for modifications to the Citys bylaw
51 Regulatory Context
To understand the various limits and values relating to environmental effects PGL has summarized some of the applicable legislation Information from this section is used later in the report when we evaluate proposed bylaw limits The provincial statues apply to surface water in the City as do federal requirements because of the fact that surface water is considered fish habitat
The federal Fisheries Act prohibits the deposit of a deleterious substance of any type in water frequented by fish or in any place under any Conditions where the deleterious substance or any
middotother deleterious substance that results from the deposit of the deleterious substance may enter any such water (subsection 36(3)) Any substance with a potentially harmful chemical physical or biological effect on fish or fish habitat is considered to be deleterious
Section 30(1) of the Ontario Water Resources Act states that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters is guilty of an offence
The Ontario Environmental Protection Act provides the legislative authority to limit the discharge of contaminants to the natural environment Section 14(1) of the Ontario Environmental Protection Act (RSO 1990) states that a person shall not discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment if the discharge causes or may cause an adverse effect Section 1 (1) of the same act defines adverse effect as one or more of (a) impairment of the quality of the natural environment for any use that can be made of it (b) injury or damage to property or to plant or animal life (c) harm or material discomfort to any person (d) an adverse effect on the health of any person (e) impairment of the safety of any person (f) rendering any property or plant or animal life unfit for use by man (g) loss of enjoyment of normal use of property ancf (h) interference with the normal conduct of business
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52 Comparison to Durham Region Sewer Use Bylaw
PGL compared the City and the Regions sewer use bylaws to evaluate significant differences The Regions bylaw (Bylaw 43-2004) was last revised in June-2009 Changes to the Regions bylaw are being considered and we also discuss differences with the draft concepts The revised changes will have no effect on stormwater discharge criteria
Table 1 (appended) shows a comparison of the City and Region bylaws with respect to storm sewer discharge values There are numerous cases where there are no City values and Regional values exist There is no consistency with respect to the quantitative limits (ie there are instances where the City is more stringent and cases were the Region is more stringent)
PGL obtained information regarding the rationale for the various limits from Simon Beacock Group Leader Region of Durham Sewer Use Bylaw Office The information indicates that most values are taken from the City of Toronto bylaw or are four times the City of Toronto or Regions detection limits for its lab Mr Beacock indicated that the values used have been accepted by the Municipal Sewer Use Group whose members include the Region of Durham Region of York City of Toronto and other municipalities or regions
Table 1 also shows a comparison of the list of restricted items for discharge to the storm sewer (qualitative items) The Regions list is more extensive than the Citys but the Citys items are all found within the Regions list For ease of implementation PGL recommends the Citys list mirror the Regions asit is mor~ complete
There are also severaJ sections of the Regions bylaw that differ from the Citys There are definitions that vary from the Regions however many of these are due to the fact that the Citys bylaw does not include sanitary sewer discharges The Region also includes sections on foundation drain connections oil grease and sand interceptors a prohibition of dilution agreements compliance programs Pollution Prevention Plans applications for waste discharge and surveys and several general categories Some of these sections could be incorporated in the Citys updated bylaw as appropriate as discussed in Section 63
PGL discussed the implementation of and changes to Durham Regions Sewer Use Bylaw with Simon Beacock He indicated that although the bylaw includes the option to require a pollution prevention plan or connection permits with a waste survey these are not being implemented The need for connection permits will likely be removed in the future bylaw The Region finds that enforcement of these sections is often not practical and it is focussed on education rather than enforcement The Region has developed pollution prevention plans for numerous industries that are known to commonly discharge wastes above the limits
The Region of Durham had no comments on our draft report --- middotmiddotmiddot
63 Bylaw Templates
There are three model sewer use bylaws in Ontario
1 Model Sewer Use Bylaw Ontario Ministry of Environment August 1988 was reprinted in middot October 1989
2 Model Sewer Use Bylaw DRAFT only Ontario Ministry of Environment 1998 and
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3 Model Sewer Use Bylaw Guidance Document Marbek Resource Consultants Ltd submitted to Canadian Council of Ministers of Environment February 2009
In an effort to promote the development of sewer use bylaws the Ontario Ministry of Environment (MOE) published a template bylaw in 1988 This template is the model used by the City of Oshawa for the development of its current bylaw Many of the quantitative water quality values used in the model bylaw are derived from the Provincial Water Quality Objectives (PWQO) and include a dilution factor of 15 to 5 times The standards include a note that the values and prohibitions are intended as trigger levels for further action Where a discharge exceeds a limit the municipality is to request the industry prepare andmiddot implement a Best Management Plan to address the stollT1water discharge The limits and prohibitions are also intended to apply to two cases only for runoff from an industrial process area and where material has been purposely added to the storm sewer as a method of disposal
The MOEs draft 1998 model sewer use bylaw was posted for comment but never finalized In middot this version the various prohibitions remain but the numerical limits are replaced with a statement that the discharge should notimpair the quality of the water in any well lake river pond spring stream reservoir or other water or watercoursemiddot The sections on sampling and analysis spills and offences and penalties also were reworded and a section added regarding discharger selfshymonitoring
The 2009 sewer use bylaw model applies only to sanitary and combined sewer works and does notapply to the Citysmiddot context The model bylaw does however have up-to-date definitions and clauses that may be of use for some of the Citys needs middot
In summary there is little useful guidance available from the provincial government on a bylaw middotmiddot template Recent bylaws from other jurisdictions are likely more useful Information regarding the
purpose of the limits and the dilution factor used in the derivation of the limits are used in the discussion below
54 Central Lake Ontario Conservation Authority
The CLOCAs mandate is to promote the conservation restoration development and management of natural resources in partnershipmiddot with local municipalities and the province Although the Citys bylaw will take priority over CLOCAs guidelines PGL reviewed CLOCAs information and talked to CLOCA about its objectives
middot CLOCAs stormwater requirements are found in Technical Guidelines for Stormwater Management Submissions CLOCA June 2007 revised March 2010 This document contains guidance regarding stormwater system design and CLOCA requirements Regarding water quality CLOCA uses guidance from the Ontario MOEs Stormwater Management Planning and Design Manual 2003 In this document there is a requirement that 70 to 80 of suspended solids be removed from a propertys stormwater discharge CLOCA provides other guidance
middot regarding infiltration erosion control and oil and grit separators Best management practicesmiddot discussed include reduced lot grading roof leaders discharging to areas of infiltration infiltration trenches grassed swales and pervious pipe and catch basin systems
CLOCA had two comments on the draft version of this report It shares the official policy of the Ontario Ministry of E11vironment and Fisheries and Oceans Canada with respect to applying dilution factors (ie it had concerns regarding the use of a dilution factor) CLOCA supports the implementation of options for action on non-compliance situations (ie pollution prevention plans or requirements for physical works)
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55 Effects Based Guidelines
PGL compared the sewer use bylaw standards to commonly accepted effects-based guidelines (ie values that indicate possible adverse effects to aquatic life) Documents reviewed include
bull Water Management Policies Guidelines and Provincial Water Quality Objectives (commonly called PWQO) Ontario Ministry of Environment and Energy July 1994 reprinted 1999
middot bull Canadian Environmental Quality Guidelines Canadian Council of Ministers of the Environment (CCME) 1999 and last updated 2007
bull Great Lakes Water Quality Agreement of 1978 (GLWaA) last amended 1987 and bull Rationale for the Development of Soil and Ground Water Standards for Use at Contaminated
Sites in Ontario MOE December 22 2009 From this document the Aquatic Protection Values (APVs) were used for comparison
From these 1guidelines the PWQO is the most commonly used document in Ontario The other documents were used as reference or to support discussions and recommendations below
The CCME PWQO GLWQA and APV values indicate habitats that are acceptable for aquatic life These are considered chronic effect limits Some mixing and dilution will take place in the pipe before discharge to surface water and further mixing and dilution will take place in a receiving water body Reliance on a dilution factor to achieve standards in the receiving water body (ie to accommodate for mixing) is officially discouraged by both the MOE and Fisheries and Oceans Canada Discussions with the Region and MOE however indicate that they understand mixing is available for rainfall discharges (ie the use of dilution in the stream can be used) As a result of this practice we have also incorporated a dilution factor into our discussion below
Table 1 (attached) shows our comparison to the various effect-based standards Based on the common use of the PWQO we used this as a preliminary evaluation of limits Table A below shows discharge limits from the City or Region that exceed PWQO values
As a secondary screen of effect-based values PGL
1 Assumed a dilution factor of 5 times The MOE template bylaw allowed for a dilution factor of 15 to 5 times based on the compound and 5 seems reasonable given the allowance for dilution in the stream
2 Compared discharge limits to 5 times PWQO
3 Compared discharge limits to 5 times GCME values as these are more up to date than PWQOs
4 Compared discharge limits to 5 times APVs as these are the most up to date and are the values currently accepted by the MOE and
5 Highlighted compounds that exceeded any of the three comparisons above (bold and underlined in Table A)
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Table A Bylaw Values Exceeding PWQO
cadmium (ug1) 1
chromium (ug1) 200
copper (ug1) 10
lead (ug1) 50
mercury (total- ug1) 1
nickel (total - ug1) 50
silver (ug1) NS
zinc (ug1) 50
cyanide (ug1) NS
e-coli (colonies100 ml) 200
PCBs (ug1) NS
phenolics (ug1) NS
phosphorus (total ~ ug1) NS
1 2-dichlorobenzene (ug1) NS
14-dichlorobenzene (ug1) NS
toluene (ug1) NS
sect 02 0017
80 89 89
50 1-5 2-4
120 5-25 1-7
04 02 003
80 25 25-150
120 01 01
40 30 30
20 5 5
200 100 NS
04 0001 NS
sect 1 4
400 30 NS
56 25 07
68 4 26
2 08 20
021
64
69
2
077
39 -
012
89
52
NS
0014
961
NS
763
763
1400
1
80
50
10
04
80
NS
40
20
200
NS
NS
400
56
68
2
Notes NS =no standard ug1 =microgramgt per litre
Each of the compounds remaining was then evaluated on a case-by-case basis
bull Cadmium is soluble and toxic and there was no reason to deviate from the effect-based standards
bull The APV value for chromium is based on a 2008 US Environmental Protection Agency value and assumes a water hardness of 70mgl This hardness value represents relatively soft water and although high for rainfall is acceptable Since this is based on the most recent work it can be used and the Regio11s value is acceptable
bull The copper value may be toxicologically justified but is likely impractical to comply with Copper use is widespread and the use of the Regions value may be reasonable as a value that can be enforced Assuming a 10 times dilution factor in the pipe and stream would lead to a justifiable value of 50ugll as a discharge limit middot
bull Lead is not soluble under normal conditions but will solubilize with a reduced pH Given that lead in sediment is toxic to benthic invertebrates and in the food chain and given the common use of lead we recommend an effects-based standard The toxicity value is well justified
bull Silver discharges have typically been restricted due to its use in the photographic industry (ie film developing) Silver is highly insoluble and therefore would be expected in the sediment of discharges rather than the liquid The use of the Regions value may be
middot acceptable in cases with significant sediment Based on the difficulty of explaining the
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nuances of this difference between dissolved and total silver and the current lack of use of silver it is recommended to leave this value from the Citys list of parameters
bull CCME indicates that PCBs should not be treated as water quality parameter as the PCBs would be found primarily in sediment In addition the use of PCBs is very limited due to its restriction in the 1980s and there is no reason to believe this is a significant source of contamination to the Citys sewers Based on these two factors PGL recommends that PCB be left off of the Citys list of compounds -
bull The phenolics value exceeds 5 times the PWQO but is well below the APV value for phenol Phenolics is a broad analysis of various compounds and does notmiddot indicate a specific compound Based on the lack of specificity in the analysis PGL does not recommend the use of this value in the Citys list of compounds middot
bull The phosphorus level found in the PWQO was set to avoid nuisance algae blooms and to limit excessive plant growth in water bodies Phosphorus is not considered toxic in itself The Regions limit assumes a dilution factor of 13 times and this is likely acceptable given that stormwatermiddot emissions occur over short periods and the PWQO limit of 30ugJ is for a longshyterm average
In summary PGL believes that standards more stringent than the Regions should be used for cadmium and lead based on effects-based values The effects based value for copper is toxicologically justified but likely routinely exceeded because of the widespread use of copper and its solubility In this case the use of the Regions standards is likely appropriate for ease of implementation Silver and PCBs are not being used widely and would be found in sediment primarily We recommend that no standards be put in place for these Phenolics are a case where the testing does not represent toxicity and therefore should not be used Phosphorus is another case that is not related directly to toxicity however does reflect a water bodys health The Regions value is appropriate in this case
It is understood that many of the Regions limits were set based on 4 times the method detection limit for the City -of Toronto or Regions lab The limits were set some timemiddot in the past and current commercial labs can readily meet the PWQO values PGL believes that the 4 times method detection limit rationale is not technically justifiable at this time middot
Although there are toxicity concerns with cadmium and lead the City may still elect to use the Regions values for ease of implementation These values are widely used by other municipalities as seen on Table 1 and the MOE has no i(nmediate concerns with the values (conversation with Ted Belayneh Group Leader Surface Water) It should be noted however that the values will likely be reduced in the future as the trend in environmental protection is generally to lower standards particularly for these parameters
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
PGL contacted various municipalities i~ the Durham Region (Pickering Ajax Whitby and Clarington) to discuss their sewer use bylaws Of these municipalities only Ajax has a valid sewer use bylaw Their current bylaw is from 1972 and is considered significantly out of date Pickering has a one-page bylaw from the 1960s that is not being used Of the four municipalities consulted only Ajax is in the process of updating its current bylaw middot
The Town of Ajaxs draft sewer use bylaw limits are shown in Table 1 along with the Regions values As can be seen the values generally mirror the current Regions alues There are also numerous compounds included in the Town of Ajaxs list of values that are not part of the Citys or
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Regions bylaws Discussions indicate that these were added to reflect industrial processes present in the Town of Ajaxs local jurisdiction It is PGLs recommendation not to adopt this expanded list of contaminants to facilitate implementation The expanded list would be largely captured in the bylaw with the list of prohibited materials
The draft Town of Ajax bylaw is the only other bylaw reviewed that was for stormwater only The text includes various items not found in the City of Oshawas bylaw These items are noted below and were considered in our evaluation of recommended changes
bull Options for action on non-compliance other than a Notice of Violation Options include imposing requirements for a study on stormwater quality or quantity modification or the construction of stormwater facilities implementing pollution prevention techniques and others Owners have 1 0 days to initiate compliance with these requirements
bull The ability to provide a limited time compliance program The compliance program may include discharges exceeding limits and is intended as a bridge toward full compliance (Le installation of a treatment facility or other modifications)
bull An option to require industrial occupants who exceed limits fail to comply with a compliance program or hav~ had spills to conduct a study of effects or to develop a pollution prevention plan
bull Requirements to install and maintain oil grease and sand interceptors for any owners who may discharge oil or sediment respectively
bull Requirements for construction activities and outdoor storage bull Sections on confidentiality and enforcement
57 Other Municipal and Regional Bylaws
PGL reviewed a number of cgtther sewer use bylaws In the selection of bylaws to review PGL focussed on recent bylaws or regions that are considered leaders in the management of water The values restricting discharges to the storm sewer are noted on Table 1 as well as the various prohibitions All of these bylaws include both stormwater and sanitary discharges The information noted below was used in our evaluation of recommended changes to the City of Oshawas bylaw
The bylaws reviewed consisted of sewer use bylaws from
bull Regional Municipality of York 2010 Draft bull City ofKingston 2008 bull City of Ottawa 2003 bull City of Toronto 2009 bull Regional Municipality of Waterloo 1992 bull City of London 2010 and bull Regional Municipality of Niagara 2008
With regards to the limits imposed on stormwater discharges the other cities and regions are relatively similar and consistent with the Region of Durham The middotCity of Waterloo is somewhat of an outlier and often has standards for stormwater discharges that are more stringent than other
- areas The Citys values are higher or lower than other areas with little consistency The Region of Durham Region of York and City of Toronto have values that are very similar with the only differences being that the Region has a higher limit than the City of Toronto for manganese The
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City of Toronto also has numerous organic compounds that are not included the Regions list of compounds
With regards to the text of the bylaw there are numerous differences between the various cities and regions The great majority of the bylaws have sections relating to definitions discharge requirements a prohibition of dilution agreements for discharges sampling and analytical requirements amiddot compliance program maintenance access points and requirements for interceptors The prohibition of dilution restricts people from diluting a waste to meet the bylaw requirements The compliance programs allow an industry to discharge waste out of compliance while it is taking steps to meet compliance middot
One area where various regions differ significantly is on the requirements made of industries The City of Toronto for example required Pollution Prevention Plans from almost all industries with an initial deadline of 2002 Other regions (ie York and Durham) have the ability to request Pollution Prevention Plans Waterloo and Kingston require waste survey reports while York Durham and Ottawa have the option to request them The only region or city with an option tQ prepare a Best Management Plan is Waterloo
Another area where there are significant differences is in the actions allowed if there are discharges over the limits prescribed In almost all cases a compliance plan is permitted to close the gap to compliance In Waterloos case the implementation of a Best Management Plan will allow for discharges Qutside of the prescribed limits In Yorks case a Pollution Prevention Plan may be required Kingston has no option other than compliance
Several but not all of the bylaws reviewed include language regarding the responsibilities for samplirig and monitoring York Niagara Toronto and Ottawa all indicate that sampling required
by the city or region is to be paid for by the owner
58 Best Management Practices
There are numerous best management practices (BMPs) that can be implemented to control the flow and quality of stormwater discharges Adopting a workable and up-to-date sewer use bylaw middotis one of the things that can be done to improve the environment and in this report PGL has several recommendations for how this can be done Other best management options include
bull Enforcement of sewer use bylaw bull Education of industries and the public This can be done through information sessions
developing materials for education or by labelling high risk catch pasins that discharge to surface water and fish habitat middot
bull Incorporating environmentally sound practices in the design and approval of stormwater management plans prepared by existing industries andor new developments These Low Impact Development features could include middot gt Volume Reduction - reduce and mitigate the total runoff volume caused by increased
urban development and subsequent increasing impervious areas and maximize the amount of runoff returned to shallow groundwater via recharge BMPs for volume reduction and maximizing recharge include ground infiltration systems (ie permeable pipes and catch basins rock drains) pervious pavement designs restrictor plates biofiltration swales and long-term storage in constructed wetlands or ponds
gt Water Quality Improvements - mitigate water quality impacts to fish habitat by collecting and treating fir8t flush events ofmiddot smaller storms and more frequent runoff events from impervious areas BMPs for water quality include biofiltration swales and constructed wetlands Oil and grit separators are also a way to improve water quality as many of the
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contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
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Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
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In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
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added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
PGL
Storm Sewer Use Bylaw Evaluation Aprll2011 The Corporation of the City of Oshawa Page 14 PGL File 25990101
639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
Table of Contents
10 Introduction bullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbullbullbullbullbullbullbullbull ~bullbullbullbullbullbullbullbullbullbullbullbullbull1
20 background bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
30 Objectivebullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
40 Work Program bullbullbullbullbullbullbullbullbullbullbullbullbullbullbull~bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull1
50 middot Findings 2
51 Regulatory Context middot 2
52 Comparison to Durham Region Sewer Use Bylaw 3
53 Bylaw Templates 3
54 Central Lake Ontario Conservation Authority 4
55 Effects Based Guidelines 5
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
57 Other Municipal and Regional Bylaws 8
58 Best Management Practices 9
60 Discussion 1 0
61 Values to Limit Discharges 10
62 Actions Taken When Non-compliance Occurs 12
63 Recommended Clauses or Sections for a Future Bylaw 12
631 Defh1itions 12
632 Prohibition of Dilution12
633 Confidentiality 13
634 Manholes 13
635 lnterceptors13
636 Sampling and Analysis 13
637 Authority to Investigate 13
638 Construction Controls 13
639 Foundation Drains 14
64 Best Management Practices 14
70 Standard Limitations bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbull 14
TABLES
In Text Table A Bylaw Values Exceeding PWQO 6 Table B Recommended Values for Sewer Discharge Limits 11
Appended Table 1 Comparison of Stormwater Discharge Limits
APV BMP CCME City CLOCA GLWQA
MOE PGL
PWQO
Region
List of Acronyms
Aquatic Protection Values
best mangement practice
Canadian Council of Ministers of the Environment
Corporation of the City of Oshawa
Central Lake Ontario Conservation Authority
Great Lakes Water Quality Agreement
Ontario Ministry of Environment
Pottinger Gaherty Environmental Consultants Ltd
Provincial Water Quality Objective
Region of Durham
PGL
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page1 PGL File 2599-0101
10 INTRODUCTION c
c
Pottinger Gaherty middotEnvironmental Consultants Ltd (PGL) is pleased to provide our evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This report has been prepared to document our work findings and recommendations
20 BACKGROUND
The City has a sewer use bylaw regulating discharges to the municipal storm sewers This bylaw is in place primarily to ensure the efficient operation of the system and for the protection of the natural environment This bylaw was last updated in 1995 Recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
30 OBJECTIVE
The evaluation was conduded
bull to update the bylaw to the most recent pradices and science bull to ensure protedion of the naturalaquatic environment and bull to harmonize the Citys bylaw with the Regions bylaw to the extent possible
PGL was also asked to consider best management pradices that may be implemented by the City to improve stormwater quality
40 WORK PROGRAM
middotTo meet the objedives noted above PGL designed a work program to evaluate the Citys bylaw against the various other bylaws and effeds-based standards and guidelines Specifically PGL
1 Met with the City to clarify needs and current practices
2 Met with the Region of Durham to identify the rationale behind some of its bylaw components middot
3 Met with the Central Lake Ontario Conservation Authority (CLOCA) to discuss its perspedive on stormwater and environmental prot~ction
4 Contacted the various municipalities in Durham Regionmiddot to determine if they have a sewer use bylaw or if they are currently working to revise their bylaws
5 Reviewed similar bylaws from the Region of Durham Durham Region municipalities and other Ontario municipalities that are considered leaders middotin environmental protection (ie Regional MunicipalitY of Niagara City of London Regional Municipality of Waterloo City of Toronto City of Ottawa City of Kingston and Regional Municipality of York)
6 Compared numerical and qualitative standards from the Region of Durhilm and various regions and municipalities with the City standards
7 Compared effed-based standards (ie Provincial Water Quality Objectives Canadian Water Quality Guidelines for the Protedion of Aquatic Life Great Lakes Water Quality Agreement Aquatic Protedion Values) with the City and Region standards
8 Evaluated best management practices and their applicability to the City of Oshawas situation
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page2 PGL File 2599-0101
9 Proposed modifications to the current bylaw that update standards and various management components
10 Met with the City Region and CLOCA to discuss our findings and recommendations and
11 Prepared a draft report of our findings and incorporated comments from the City Region and CLOCA and
12 Prepared this final report of our findings
50 FINDINGS
The findings are discussed in categories related to our work completed Each set of findings are evaluated and discussed Many of the sewer use bylaws apply to both sanitary and storm sewers As Oshawas bylaw relates to storm sewers only PGL only evaluated the storm sewer components of each bylaw The findings discussed here are then used in our discussion section to make recommendations for modifications to the Citys bylaw
51 Regulatory Context
To understand the various limits and values relating to environmental effects PGL has summarized some of the applicable legislation Information from this section is used later in the report when we evaluate proposed bylaw limits The provincial statues apply to surface water in the City as do federal requirements because of the fact that surface water is considered fish habitat
The federal Fisheries Act prohibits the deposit of a deleterious substance of any type in water frequented by fish or in any place under any Conditions where the deleterious substance or any
middotother deleterious substance that results from the deposit of the deleterious substance may enter any such water (subsection 36(3)) Any substance with a potentially harmful chemical physical or biological effect on fish or fish habitat is considered to be deleterious
Section 30(1) of the Ontario Water Resources Act states that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters is guilty of an offence
The Ontario Environmental Protection Act provides the legislative authority to limit the discharge of contaminants to the natural environment Section 14(1) of the Ontario Environmental Protection Act (RSO 1990) states that a person shall not discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment if the discharge causes or may cause an adverse effect Section 1 (1) of the same act defines adverse effect as one or more of (a) impairment of the quality of the natural environment for any use that can be made of it (b) injury or damage to property or to plant or animal life (c) harm or material discomfort to any person (d) an adverse effect on the health of any person (e) impairment of the safety of any person (f) rendering any property or plant or animal life unfit for use by man (g) loss of enjoyment of normal use of property ancf (h) interference with the normal conduct of business
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52 Comparison to Durham Region Sewer Use Bylaw
PGL compared the City and the Regions sewer use bylaws to evaluate significant differences The Regions bylaw (Bylaw 43-2004) was last revised in June-2009 Changes to the Regions bylaw are being considered and we also discuss differences with the draft concepts The revised changes will have no effect on stormwater discharge criteria
Table 1 (appended) shows a comparison of the City and Region bylaws with respect to storm sewer discharge values There are numerous cases where there are no City values and Regional values exist There is no consistency with respect to the quantitative limits (ie there are instances where the City is more stringent and cases were the Region is more stringent)
PGL obtained information regarding the rationale for the various limits from Simon Beacock Group Leader Region of Durham Sewer Use Bylaw Office The information indicates that most values are taken from the City of Toronto bylaw or are four times the City of Toronto or Regions detection limits for its lab Mr Beacock indicated that the values used have been accepted by the Municipal Sewer Use Group whose members include the Region of Durham Region of York City of Toronto and other municipalities or regions
Table 1 also shows a comparison of the list of restricted items for discharge to the storm sewer (qualitative items) The Regions list is more extensive than the Citys but the Citys items are all found within the Regions list For ease of implementation PGL recommends the Citys list mirror the Regions asit is mor~ complete
There are also severaJ sections of the Regions bylaw that differ from the Citys There are definitions that vary from the Regions however many of these are due to the fact that the Citys bylaw does not include sanitary sewer discharges The Region also includes sections on foundation drain connections oil grease and sand interceptors a prohibition of dilution agreements compliance programs Pollution Prevention Plans applications for waste discharge and surveys and several general categories Some of these sections could be incorporated in the Citys updated bylaw as appropriate as discussed in Section 63
PGL discussed the implementation of and changes to Durham Regions Sewer Use Bylaw with Simon Beacock He indicated that although the bylaw includes the option to require a pollution prevention plan or connection permits with a waste survey these are not being implemented The need for connection permits will likely be removed in the future bylaw The Region finds that enforcement of these sections is often not practical and it is focussed on education rather than enforcement The Region has developed pollution prevention plans for numerous industries that are known to commonly discharge wastes above the limits
The Region of Durham had no comments on our draft report --- middotmiddotmiddot
63 Bylaw Templates
There are three model sewer use bylaws in Ontario
1 Model Sewer Use Bylaw Ontario Ministry of Environment August 1988 was reprinted in middot October 1989
2 Model Sewer Use Bylaw DRAFT only Ontario Ministry of Environment 1998 and
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Pag4PGL File 2599-0101
3 Model Sewer Use Bylaw Guidance Document Marbek Resource Consultants Ltd submitted to Canadian Council of Ministers of Environment February 2009
In an effort to promote the development of sewer use bylaws the Ontario Ministry of Environment (MOE) published a template bylaw in 1988 This template is the model used by the City of Oshawa for the development of its current bylaw Many of the quantitative water quality values used in the model bylaw are derived from the Provincial Water Quality Objectives (PWQO) and include a dilution factor of 15 to 5 times The standards include a note that the values and prohibitions are intended as trigger levels for further action Where a discharge exceeds a limit the municipality is to request the industry prepare andmiddot implement a Best Management Plan to address the stollT1water discharge The limits and prohibitions are also intended to apply to two cases only for runoff from an industrial process area and where material has been purposely added to the storm sewer as a method of disposal
The MOEs draft 1998 model sewer use bylaw was posted for comment but never finalized In middot this version the various prohibitions remain but the numerical limits are replaced with a statement that the discharge should notimpair the quality of the water in any well lake river pond spring stream reservoir or other water or watercoursemiddot The sections on sampling and analysis spills and offences and penalties also were reworded and a section added regarding discharger selfshymonitoring
The 2009 sewer use bylaw model applies only to sanitary and combined sewer works and does notapply to the Citysmiddot context The model bylaw does however have up-to-date definitions and clauses that may be of use for some of the Citys needs middot
In summary there is little useful guidance available from the provincial government on a bylaw middotmiddot template Recent bylaws from other jurisdictions are likely more useful Information regarding the
purpose of the limits and the dilution factor used in the derivation of the limits are used in the discussion below
54 Central Lake Ontario Conservation Authority
The CLOCAs mandate is to promote the conservation restoration development and management of natural resources in partnershipmiddot with local municipalities and the province Although the Citys bylaw will take priority over CLOCAs guidelines PGL reviewed CLOCAs information and talked to CLOCA about its objectives
middot CLOCAs stormwater requirements are found in Technical Guidelines for Stormwater Management Submissions CLOCA June 2007 revised March 2010 This document contains guidance regarding stormwater system design and CLOCA requirements Regarding water quality CLOCA uses guidance from the Ontario MOEs Stormwater Management Planning and Design Manual 2003 In this document there is a requirement that 70 to 80 of suspended solids be removed from a propertys stormwater discharge CLOCA provides other guidance
middot regarding infiltration erosion control and oil and grit separators Best management practicesmiddot discussed include reduced lot grading roof leaders discharging to areas of infiltration infiltration trenches grassed swales and pervious pipe and catch basin systems
CLOCA had two comments on the draft version of this report It shares the official policy of the Ontario Ministry of E11vironment and Fisheries and Oceans Canada with respect to applying dilution factors (ie it had concerns regarding the use of a dilution factor) CLOCA supports the implementation of options for action on non-compliance situations (ie pollution prevention plans or requirements for physical works)
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55 Effects Based Guidelines
PGL compared the sewer use bylaw standards to commonly accepted effects-based guidelines (ie values that indicate possible adverse effects to aquatic life) Documents reviewed include
bull Water Management Policies Guidelines and Provincial Water Quality Objectives (commonly called PWQO) Ontario Ministry of Environment and Energy July 1994 reprinted 1999
middot bull Canadian Environmental Quality Guidelines Canadian Council of Ministers of the Environment (CCME) 1999 and last updated 2007
bull Great Lakes Water Quality Agreement of 1978 (GLWaA) last amended 1987 and bull Rationale for the Development of Soil and Ground Water Standards for Use at Contaminated
Sites in Ontario MOE December 22 2009 From this document the Aquatic Protection Values (APVs) were used for comparison
From these 1guidelines the PWQO is the most commonly used document in Ontario The other documents were used as reference or to support discussions and recommendations below
The CCME PWQO GLWQA and APV values indicate habitats that are acceptable for aquatic life These are considered chronic effect limits Some mixing and dilution will take place in the pipe before discharge to surface water and further mixing and dilution will take place in a receiving water body Reliance on a dilution factor to achieve standards in the receiving water body (ie to accommodate for mixing) is officially discouraged by both the MOE and Fisheries and Oceans Canada Discussions with the Region and MOE however indicate that they understand mixing is available for rainfall discharges (ie the use of dilution in the stream can be used) As a result of this practice we have also incorporated a dilution factor into our discussion below
Table 1 (attached) shows our comparison to the various effect-based standards Based on the common use of the PWQO we used this as a preliminary evaluation of limits Table A below shows discharge limits from the City or Region that exceed PWQO values
As a secondary screen of effect-based values PGL
1 Assumed a dilution factor of 5 times The MOE template bylaw allowed for a dilution factor of 15 to 5 times based on the compound and 5 seems reasonable given the allowance for dilution in the stream
2 Compared discharge limits to 5 times PWQO
3 Compared discharge limits to 5 times GCME values as these are more up to date than PWQOs
4 Compared discharge limits to 5 times APVs as these are the most up to date and are the values currently accepted by the MOE and
5 Highlighted compounds that exceeded any of the three comparisons above (bold and underlined in Table A)
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Table A Bylaw Values Exceeding PWQO
cadmium (ug1) 1
chromium (ug1) 200
copper (ug1) 10
lead (ug1) 50
mercury (total- ug1) 1
nickel (total - ug1) 50
silver (ug1) NS
zinc (ug1) 50
cyanide (ug1) NS
e-coli (colonies100 ml) 200
PCBs (ug1) NS
phenolics (ug1) NS
phosphorus (total ~ ug1) NS
1 2-dichlorobenzene (ug1) NS
14-dichlorobenzene (ug1) NS
toluene (ug1) NS
sect 02 0017
80 89 89
50 1-5 2-4
120 5-25 1-7
04 02 003
80 25 25-150
120 01 01
40 30 30
20 5 5
200 100 NS
04 0001 NS
sect 1 4
400 30 NS
56 25 07
68 4 26
2 08 20
021
64
69
2
077
39 -
012
89
52
NS
0014
961
NS
763
763
1400
1
80
50
10
04
80
NS
40
20
200
NS
NS
400
56
68
2
Notes NS =no standard ug1 =microgramgt per litre
Each of the compounds remaining was then evaluated on a case-by-case basis
bull Cadmium is soluble and toxic and there was no reason to deviate from the effect-based standards
bull The APV value for chromium is based on a 2008 US Environmental Protection Agency value and assumes a water hardness of 70mgl This hardness value represents relatively soft water and although high for rainfall is acceptable Since this is based on the most recent work it can be used and the Regio11s value is acceptable
bull The copper value may be toxicologically justified but is likely impractical to comply with Copper use is widespread and the use of the Regions value may be reasonable as a value that can be enforced Assuming a 10 times dilution factor in the pipe and stream would lead to a justifiable value of 50ugll as a discharge limit middot
bull Lead is not soluble under normal conditions but will solubilize with a reduced pH Given that lead in sediment is toxic to benthic invertebrates and in the food chain and given the common use of lead we recommend an effects-based standard The toxicity value is well justified
bull Silver discharges have typically been restricted due to its use in the photographic industry (ie film developing) Silver is highly insoluble and therefore would be expected in the sediment of discharges rather than the liquid The use of the Regions value may be
middot acceptable in cases with significant sediment Based on the difficulty of explaining the
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page7 PGL File 2599-0101
nuances of this difference between dissolved and total silver and the current lack of use of silver it is recommended to leave this value from the Citys list of parameters
bull CCME indicates that PCBs should not be treated as water quality parameter as the PCBs would be found primarily in sediment In addition the use of PCBs is very limited due to its restriction in the 1980s and there is no reason to believe this is a significant source of contamination to the Citys sewers Based on these two factors PGL recommends that PCB be left off of the Citys list of compounds -
bull The phenolics value exceeds 5 times the PWQO but is well below the APV value for phenol Phenolics is a broad analysis of various compounds and does notmiddot indicate a specific compound Based on the lack of specificity in the analysis PGL does not recommend the use of this value in the Citys list of compounds middot
bull The phosphorus level found in the PWQO was set to avoid nuisance algae blooms and to limit excessive plant growth in water bodies Phosphorus is not considered toxic in itself The Regions limit assumes a dilution factor of 13 times and this is likely acceptable given that stormwatermiddot emissions occur over short periods and the PWQO limit of 30ugJ is for a longshyterm average
In summary PGL believes that standards more stringent than the Regions should be used for cadmium and lead based on effects-based values The effects based value for copper is toxicologically justified but likely routinely exceeded because of the widespread use of copper and its solubility In this case the use of the Regions standards is likely appropriate for ease of implementation Silver and PCBs are not being used widely and would be found in sediment primarily We recommend that no standards be put in place for these Phenolics are a case where the testing does not represent toxicity and therefore should not be used Phosphorus is another case that is not related directly to toxicity however does reflect a water bodys health The Regions value is appropriate in this case
It is understood that many of the Regions limits were set based on 4 times the method detection limit for the City -of Toronto or Regions lab The limits were set some timemiddot in the past and current commercial labs can readily meet the PWQO values PGL believes that the 4 times method detection limit rationale is not technically justifiable at this time middot
Although there are toxicity concerns with cadmium and lead the City may still elect to use the Regions values for ease of implementation These values are widely used by other municipalities as seen on Table 1 and the MOE has no i(nmediate concerns with the values (conversation with Ted Belayneh Group Leader Surface Water) It should be noted however that the values will likely be reduced in the future as the trend in environmental protection is generally to lower standards particularly for these parameters
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
PGL contacted various municipalities i~ the Durham Region (Pickering Ajax Whitby and Clarington) to discuss their sewer use bylaws Of these municipalities only Ajax has a valid sewer use bylaw Their current bylaw is from 1972 and is considered significantly out of date Pickering has a one-page bylaw from the 1960s that is not being used Of the four municipalities consulted only Ajax is in the process of updating its current bylaw middot
The Town of Ajaxs draft sewer use bylaw limits are shown in Table 1 along with the Regions values As can be seen the values generally mirror the current Regions alues There are also numerous compounds included in the Town of Ajaxs list of values that are not part of the Citys or
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Regions bylaws Discussions indicate that these were added to reflect industrial processes present in the Town of Ajaxs local jurisdiction It is PGLs recommendation not to adopt this expanded list of contaminants to facilitate implementation The expanded list would be largely captured in the bylaw with the list of prohibited materials
The draft Town of Ajax bylaw is the only other bylaw reviewed that was for stormwater only The text includes various items not found in the City of Oshawas bylaw These items are noted below and were considered in our evaluation of recommended changes
bull Options for action on non-compliance other than a Notice of Violation Options include imposing requirements for a study on stormwater quality or quantity modification or the construction of stormwater facilities implementing pollution prevention techniques and others Owners have 1 0 days to initiate compliance with these requirements
bull The ability to provide a limited time compliance program The compliance program may include discharges exceeding limits and is intended as a bridge toward full compliance (Le installation of a treatment facility or other modifications)
bull An option to require industrial occupants who exceed limits fail to comply with a compliance program or hav~ had spills to conduct a study of effects or to develop a pollution prevention plan
bull Requirements to install and maintain oil grease and sand interceptors for any owners who may discharge oil or sediment respectively
bull Requirements for construction activities and outdoor storage bull Sections on confidentiality and enforcement
57 Other Municipal and Regional Bylaws
PGL reviewed a number of cgtther sewer use bylaws In the selection of bylaws to review PGL focussed on recent bylaws or regions that are considered leaders in the management of water The values restricting discharges to the storm sewer are noted on Table 1 as well as the various prohibitions All of these bylaws include both stormwater and sanitary discharges The information noted below was used in our evaluation of recommended changes to the City of Oshawas bylaw
The bylaws reviewed consisted of sewer use bylaws from
bull Regional Municipality of York 2010 Draft bull City ofKingston 2008 bull City of Ottawa 2003 bull City of Toronto 2009 bull Regional Municipality of Waterloo 1992 bull City of London 2010 and bull Regional Municipality of Niagara 2008
With regards to the limits imposed on stormwater discharges the other cities and regions are relatively similar and consistent with the Region of Durham The middotCity of Waterloo is somewhat of an outlier and often has standards for stormwater discharges that are more stringent than other
- areas The Citys values are higher or lower than other areas with little consistency The Region of Durham Region of York and City of Toronto have values that are very similar with the only differences being that the Region has a higher limit than the City of Toronto for manganese The
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page9 PGL File 2599-0101
City of Toronto also has numerous organic compounds that are not included the Regions list of compounds
With regards to the text of the bylaw there are numerous differences between the various cities and regions The great majority of the bylaws have sections relating to definitions discharge requirements a prohibition of dilution agreements for discharges sampling and analytical requirements amiddot compliance program maintenance access points and requirements for interceptors The prohibition of dilution restricts people from diluting a waste to meet the bylaw requirements The compliance programs allow an industry to discharge waste out of compliance while it is taking steps to meet compliance middot
One area where various regions differ significantly is on the requirements made of industries The City of Toronto for example required Pollution Prevention Plans from almost all industries with an initial deadline of 2002 Other regions (ie York and Durham) have the ability to request Pollution Prevention Plans Waterloo and Kingston require waste survey reports while York Durham and Ottawa have the option to request them The only region or city with an option tQ prepare a Best Management Plan is Waterloo
Another area where there are significant differences is in the actions allowed if there are discharges over the limits prescribed In almost all cases a compliance plan is permitted to close the gap to compliance In Waterloos case the implementation of a Best Management Plan will allow for discharges Qutside of the prescribed limits In Yorks case a Pollution Prevention Plan may be required Kingston has no option other than compliance
Several but not all of the bylaws reviewed include language regarding the responsibilities for samplirig and monitoring York Niagara Toronto and Ottawa all indicate that sampling required
by the city or region is to be paid for by the owner
58 Best Management Practices
There are numerous best management practices (BMPs) that can be implemented to control the flow and quality of stormwater discharges Adopting a workable and up-to-date sewer use bylaw middotis one of the things that can be done to improve the environment and in this report PGL has several recommendations for how this can be done Other best management options include
bull Enforcement of sewer use bylaw bull Education of industries and the public This can be done through information sessions
developing materials for education or by labelling high risk catch pasins that discharge to surface water and fish habitat middot
bull Incorporating environmentally sound practices in the design and approval of stormwater management plans prepared by existing industries andor new developments These Low Impact Development features could include middot gt Volume Reduction - reduce and mitigate the total runoff volume caused by increased
urban development and subsequent increasing impervious areas and maximize the amount of runoff returned to shallow groundwater via recharge BMPs for volume reduction and maximizing recharge include ground infiltration systems (ie permeable pipes and catch basins rock drains) pervious pavement designs restrictor plates biofiltration swales and long-term storage in constructed wetlands or ponds
gt Water Quality Improvements - mitigate water quality impacts to fish habitat by collecting and treating fir8t flush events ofmiddot smaller storms and more frequent runoff events from impervious areas BMPs for water quality include biofiltration swales and constructed wetlands Oil and grit separators are also a way to improve water quality as many of the
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Storm Sewer Use Bylaw Evaluation Apr112011 The Corporation of the City of Oshawa Page 10 PGL File 2599-0101
contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
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Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
IPGL
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page12 PGL File 2599-0101
In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
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added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
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639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
APV BMP CCME City CLOCA GLWQA
MOE PGL
PWQO
Region
List of Acronyms
Aquatic Protection Values
best mangement practice
Canadian Council of Ministers of the Environment
Corporation of the City of Oshawa
Central Lake Ontario Conservation Authority
Great Lakes Water Quality Agreement
Ontario Ministry of Environment
Pottinger Gaherty Environmental Consultants Ltd
Provincial Water Quality Objective
Region of Durham
PGL
6u
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page1 PGL File 2599-0101
10 INTRODUCTION c
c
Pottinger Gaherty middotEnvironmental Consultants Ltd (PGL) is pleased to provide our evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This report has been prepared to document our work findings and recommendations
20 BACKGROUND
The City has a sewer use bylaw regulating discharges to the municipal storm sewers This bylaw is in place primarily to ensure the efficient operation of the system and for the protection of the natural environment This bylaw was last updated in 1995 Recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
30 OBJECTIVE
The evaluation was conduded
bull to update the bylaw to the most recent pradices and science bull to ensure protedion of the naturalaquatic environment and bull to harmonize the Citys bylaw with the Regions bylaw to the extent possible
PGL was also asked to consider best management pradices that may be implemented by the City to improve stormwater quality
40 WORK PROGRAM
middotTo meet the objedives noted above PGL designed a work program to evaluate the Citys bylaw against the various other bylaws and effeds-based standards and guidelines Specifically PGL
1 Met with the City to clarify needs and current practices
2 Met with the Region of Durham to identify the rationale behind some of its bylaw components middot
3 Met with the Central Lake Ontario Conservation Authority (CLOCA) to discuss its perspedive on stormwater and environmental prot~ction
4 Contacted the various municipalities in Durham Regionmiddot to determine if they have a sewer use bylaw or if they are currently working to revise their bylaws
5 Reviewed similar bylaws from the Region of Durham Durham Region municipalities and other Ontario municipalities that are considered leaders middotin environmental protection (ie Regional MunicipalitY of Niagara City of London Regional Municipality of Waterloo City of Toronto City of Ottawa City of Kingston and Regional Municipality of York)
6 Compared numerical and qualitative standards from the Region of Durhilm and various regions and municipalities with the City standards
7 Compared effed-based standards (ie Provincial Water Quality Objectives Canadian Water Quality Guidelines for the Protedion of Aquatic Life Great Lakes Water Quality Agreement Aquatic Protedion Values) with the City and Region standards
8 Evaluated best management practices and their applicability to the City of Oshawas situation
iiPGL
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page2 PGL File 2599-0101
9 Proposed modifications to the current bylaw that update standards and various management components
10 Met with the City Region and CLOCA to discuss our findings and recommendations and
11 Prepared a draft report of our findings and incorporated comments from the City Region and CLOCA and
12 Prepared this final report of our findings
50 FINDINGS
The findings are discussed in categories related to our work completed Each set of findings are evaluated and discussed Many of the sewer use bylaws apply to both sanitary and storm sewers As Oshawas bylaw relates to storm sewers only PGL only evaluated the storm sewer components of each bylaw The findings discussed here are then used in our discussion section to make recommendations for modifications to the Citys bylaw
51 Regulatory Context
To understand the various limits and values relating to environmental effects PGL has summarized some of the applicable legislation Information from this section is used later in the report when we evaluate proposed bylaw limits The provincial statues apply to surface water in the City as do federal requirements because of the fact that surface water is considered fish habitat
The federal Fisheries Act prohibits the deposit of a deleterious substance of any type in water frequented by fish or in any place under any Conditions where the deleterious substance or any
middotother deleterious substance that results from the deposit of the deleterious substance may enter any such water (subsection 36(3)) Any substance with a potentially harmful chemical physical or biological effect on fish or fish habitat is considered to be deleterious
Section 30(1) of the Ontario Water Resources Act states that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters is guilty of an offence
The Ontario Environmental Protection Act provides the legislative authority to limit the discharge of contaminants to the natural environment Section 14(1) of the Ontario Environmental Protection Act (RSO 1990) states that a person shall not discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment if the discharge causes or may cause an adverse effect Section 1 (1) of the same act defines adverse effect as one or more of (a) impairment of the quality of the natural environment for any use that can be made of it (b) injury or damage to property or to plant or animal life (c) harm or material discomfort to any person (d) an adverse effect on the health of any person (e) impairment of the safety of any person (f) rendering any property or plant or animal life unfit for use by man (g) loss of enjoyment of normal use of property ancf (h) interference with the normal conduct of business
IJPGL
6G
Storm Sewer Use Bylaw Evaluation Aprl12011 The Corporation of the City of Oshawa Page3 PGL File 2599-0101
52 Comparison to Durham Region Sewer Use Bylaw
PGL compared the City and the Regions sewer use bylaws to evaluate significant differences The Regions bylaw (Bylaw 43-2004) was last revised in June-2009 Changes to the Regions bylaw are being considered and we also discuss differences with the draft concepts The revised changes will have no effect on stormwater discharge criteria
Table 1 (appended) shows a comparison of the City and Region bylaws with respect to storm sewer discharge values There are numerous cases where there are no City values and Regional values exist There is no consistency with respect to the quantitative limits (ie there are instances where the City is more stringent and cases were the Region is more stringent)
PGL obtained information regarding the rationale for the various limits from Simon Beacock Group Leader Region of Durham Sewer Use Bylaw Office The information indicates that most values are taken from the City of Toronto bylaw or are four times the City of Toronto or Regions detection limits for its lab Mr Beacock indicated that the values used have been accepted by the Municipal Sewer Use Group whose members include the Region of Durham Region of York City of Toronto and other municipalities or regions
Table 1 also shows a comparison of the list of restricted items for discharge to the storm sewer (qualitative items) The Regions list is more extensive than the Citys but the Citys items are all found within the Regions list For ease of implementation PGL recommends the Citys list mirror the Regions asit is mor~ complete
There are also severaJ sections of the Regions bylaw that differ from the Citys There are definitions that vary from the Regions however many of these are due to the fact that the Citys bylaw does not include sanitary sewer discharges The Region also includes sections on foundation drain connections oil grease and sand interceptors a prohibition of dilution agreements compliance programs Pollution Prevention Plans applications for waste discharge and surveys and several general categories Some of these sections could be incorporated in the Citys updated bylaw as appropriate as discussed in Section 63
PGL discussed the implementation of and changes to Durham Regions Sewer Use Bylaw with Simon Beacock He indicated that although the bylaw includes the option to require a pollution prevention plan or connection permits with a waste survey these are not being implemented The need for connection permits will likely be removed in the future bylaw The Region finds that enforcement of these sections is often not practical and it is focussed on education rather than enforcement The Region has developed pollution prevention plans for numerous industries that are known to commonly discharge wastes above the limits
The Region of Durham had no comments on our draft report --- middotmiddotmiddot
63 Bylaw Templates
There are three model sewer use bylaws in Ontario
1 Model Sewer Use Bylaw Ontario Ministry of Environment August 1988 was reprinted in middot October 1989
2 Model Sewer Use Bylaw DRAFT only Ontario Ministry of Environment 1998 and
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Pag4PGL File 2599-0101
3 Model Sewer Use Bylaw Guidance Document Marbek Resource Consultants Ltd submitted to Canadian Council of Ministers of Environment February 2009
In an effort to promote the development of sewer use bylaws the Ontario Ministry of Environment (MOE) published a template bylaw in 1988 This template is the model used by the City of Oshawa for the development of its current bylaw Many of the quantitative water quality values used in the model bylaw are derived from the Provincial Water Quality Objectives (PWQO) and include a dilution factor of 15 to 5 times The standards include a note that the values and prohibitions are intended as trigger levels for further action Where a discharge exceeds a limit the municipality is to request the industry prepare andmiddot implement a Best Management Plan to address the stollT1water discharge The limits and prohibitions are also intended to apply to two cases only for runoff from an industrial process area and where material has been purposely added to the storm sewer as a method of disposal
The MOEs draft 1998 model sewer use bylaw was posted for comment but never finalized In middot this version the various prohibitions remain but the numerical limits are replaced with a statement that the discharge should notimpair the quality of the water in any well lake river pond spring stream reservoir or other water or watercoursemiddot The sections on sampling and analysis spills and offences and penalties also were reworded and a section added regarding discharger selfshymonitoring
The 2009 sewer use bylaw model applies only to sanitary and combined sewer works and does notapply to the Citysmiddot context The model bylaw does however have up-to-date definitions and clauses that may be of use for some of the Citys needs middot
In summary there is little useful guidance available from the provincial government on a bylaw middotmiddot template Recent bylaws from other jurisdictions are likely more useful Information regarding the
purpose of the limits and the dilution factor used in the derivation of the limits are used in the discussion below
54 Central Lake Ontario Conservation Authority
The CLOCAs mandate is to promote the conservation restoration development and management of natural resources in partnershipmiddot with local municipalities and the province Although the Citys bylaw will take priority over CLOCAs guidelines PGL reviewed CLOCAs information and talked to CLOCA about its objectives
middot CLOCAs stormwater requirements are found in Technical Guidelines for Stormwater Management Submissions CLOCA June 2007 revised March 2010 This document contains guidance regarding stormwater system design and CLOCA requirements Regarding water quality CLOCA uses guidance from the Ontario MOEs Stormwater Management Planning and Design Manual 2003 In this document there is a requirement that 70 to 80 of suspended solids be removed from a propertys stormwater discharge CLOCA provides other guidance
middot regarding infiltration erosion control and oil and grit separators Best management practicesmiddot discussed include reduced lot grading roof leaders discharging to areas of infiltration infiltration trenches grassed swales and pervious pipe and catch basin systems
CLOCA had two comments on the draft version of this report It shares the official policy of the Ontario Ministry of E11vironment and Fisheries and Oceans Canada with respect to applying dilution factors (ie it had concerns regarding the use of a dilution factor) CLOCA supports the implementation of options for action on non-compliance situations (ie pollution prevention plans or requirements for physical works)
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55 Effects Based Guidelines
PGL compared the sewer use bylaw standards to commonly accepted effects-based guidelines (ie values that indicate possible adverse effects to aquatic life) Documents reviewed include
bull Water Management Policies Guidelines and Provincial Water Quality Objectives (commonly called PWQO) Ontario Ministry of Environment and Energy July 1994 reprinted 1999
middot bull Canadian Environmental Quality Guidelines Canadian Council of Ministers of the Environment (CCME) 1999 and last updated 2007
bull Great Lakes Water Quality Agreement of 1978 (GLWaA) last amended 1987 and bull Rationale for the Development of Soil and Ground Water Standards for Use at Contaminated
Sites in Ontario MOE December 22 2009 From this document the Aquatic Protection Values (APVs) were used for comparison
From these 1guidelines the PWQO is the most commonly used document in Ontario The other documents were used as reference or to support discussions and recommendations below
The CCME PWQO GLWQA and APV values indicate habitats that are acceptable for aquatic life These are considered chronic effect limits Some mixing and dilution will take place in the pipe before discharge to surface water and further mixing and dilution will take place in a receiving water body Reliance on a dilution factor to achieve standards in the receiving water body (ie to accommodate for mixing) is officially discouraged by both the MOE and Fisheries and Oceans Canada Discussions with the Region and MOE however indicate that they understand mixing is available for rainfall discharges (ie the use of dilution in the stream can be used) As a result of this practice we have also incorporated a dilution factor into our discussion below
Table 1 (attached) shows our comparison to the various effect-based standards Based on the common use of the PWQO we used this as a preliminary evaluation of limits Table A below shows discharge limits from the City or Region that exceed PWQO values
As a secondary screen of effect-based values PGL
1 Assumed a dilution factor of 5 times The MOE template bylaw allowed for a dilution factor of 15 to 5 times based on the compound and 5 seems reasonable given the allowance for dilution in the stream
2 Compared discharge limits to 5 times PWQO
3 Compared discharge limits to 5 times GCME values as these are more up to date than PWQOs
4 Compared discharge limits to 5 times APVs as these are the most up to date and are the values currently accepted by the MOE and
5 Highlighted compounds that exceeded any of the three comparisons above (bold and underlined in Table A)
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Table A Bylaw Values Exceeding PWQO
cadmium (ug1) 1
chromium (ug1) 200
copper (ug1) 10
lead (ug1) 50
mercury (total- ug1) 1
nickel (total - ug1) 50
silver (ug1) NS
zinc (ug1) 50
cyanide (ug1) NS
e-coli (colonies100 ml) 200
PCBs (ug1) NS
phenolics (ug1) NS
phosphorus (total ~ ug1) NS
1 2-dichlorobenzene (ug1) NS
14-dichlorobenzene (ug1) NS
toluene (ug1) NS
sect 02 0017
80 89 89
50 1-5 2-4
120 5-25 1-7
04 02 003
80 25 25-150
120 01 01
40 30 30
20 5 5
200 100 NS
04 0001 NS
sect 1 4
400 30 NS
56 25 07
68 4 26
2 08 20
021
64
69
2
077
39 -
012
89
52
NS
0014
961
NS
763
763
1400
1
80
50
10
04
80
NS
40
20
200
NS
NS
400
56
68
2
Notes NS =no standard ug1 =microgramgt per litre
Each of the compounds remaining was then evaluated on a case-by-case basis
bull Cadmium is soluble and toxic and there was no reason to deviate from the effect-based standards
bull The APV value for chromium is based on a 2008 US Environmental Protection Agency value and assumes a water hardness of 70mgl This hardness value represents relatively soft water and although high for rainfall is acceptable Since this is based on the most recent work it can be used and the Regio11s value is acceptable
bull The copper value may be toxicologically justified but is likely impractical to comply with Copper use is widespread and the use of the Regions value may be reasonable as a value that can be enforced Assuming a 10 times dilution factor in the pipe and stream would lead to a justifiable value of 50ugll as a discharge limit middot
bull Lead is not soluble under normal conditions but will solubilize with a reduced pH Given that lead in sediment is toxic to benthic invertebrates and in the food chain and given the common use of lead we recommend an effects-based standard The toxicity value is well justified
bull Silver discharges have typically been restricted due to its use in the photographic industry (ie film developing) Silver is highly insoluble and therefore would be expected in the sediment of discharges rather than the liquid The use of the Regions value may be
middot acceptable in cases with significant sediment Based on the difficulty of explaining the
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nuances of this difference between dissolved and total silver and the current lack of use of silver it is recommended to leave this value from the Citys list of parameters
bull CCME indicates that PCBs should not be treated as water quality parameter as the PCBs would be found primarily in sediment In addition the use of PCBs is very limited due to its restriction in the 1980s and there is no reason to believe this is a significant source of contamination to the Citys sewers Based on these two factors PGL recommends that PCB be left off of the Citys list of compounds -
bull The phenolics value exceeds 5 times the PWQO but is well below the APV value for phenol Phenolics is a broad analysis of various compounds and does notmiddot indicate a specific compound Based on the lack of specificity in the analysis PGL does not recommend the use of this value in the Citys list of compounds middot
bull The phosphorus level found in the PWQO was set to avoid nuisance algae blooms and to limit excessive plant growth in water bodies Phosphorus is not considered toxic in itself The Regions limit assumes a dilution factor of 13 times and this is likely acceptable given that stormwatermiddot emissions occur over short periods and the PWQO limit of 30ugJ is for a longshyterm average
In summary PGL believes that standards more stringent than the Regions should be used for cadmium and lead based on effects-based values The effects based value for copper is toxicologically justified but likely routinely exceeded because of the widespread use of copper and its solubility In this case the use of the Regions standards is likely appropriate for ease of implementation Silver and PCBs are not being used widely and would be found in sediment primarily We recommend that no standards be put in place for these Phenolics are a case where the testing does not represent toxicity and therefore should not be used Phosphorus is another case that is not related directly to toxicity however does reflect a water bodys health The Regions value is appropriate in this case
It is understood that many of the Regions limits were set based on 4 times the method detection limit for the City -of Toronto or Regions lab The limits were set some timemiddot in the past and current commercial labs can readily meet the PWQO values PGL believes that the 4 times method detection limit rationale is not technically justifiable at this time middot
Although there are toxicity concerns with cadmium and lead the City may still elect to use the Regions values for ease of implementation These values are widely used by other municipalities as seen on Table 1 and the MOE has no i(nmediate concerns with the values (conversation with Ted Belayneh Group Leader Surface Water) It should be noted however that the values will likely be reduced in the future as the trend in environmental protection is generally to lower standards particularly for these parameters
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
PGL contacted various municipalities i~ the Durham Region (Pickering Ajax Whitby and Clarington) to discuss their sewer use bylaws Of these municipalities only Ajax has a valid sewer use bylaw Their current bylaw is from 1972 and is considered significantly out of date Pickering has a one-page bylaw from the 1960s that is not being used Of the four municipalities consulted only Ajax is in the process of updating its current bylaw middot
The Town of Ajaxs draft sewer use bylaw limits are shown in Table 1 along with the Regions values As can be seen the values generally mirror the current Regions alues There are also numerous compounds included in the Town of Ajaxs list of values that are not part of the Citys or
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa PageS PGL File 2599-0101
Regions bylaws Discussions indicate that these were added to reflect industrial processes present in the Town of Ajaxs local jurisdiction It is PGLs recommendation not to adopt this expanded list of contaminants to facilitate implementation The expanded list would be largely captured in the bylaw with the list of prohibited materials
The draft Town of Ajax bylaw is the only other bylaw reviewed that was for stormwater only The text includes various items not found in the City of Oshawas bylaw These items are noted below and were considered in our evaluation of recommended changes
bull Options for action on non-compliance other than a Notice of Violation Options include imposing requirements for a study on stormwater quality or quantity modification or the construction of stormwater facilities implementing pollution prevention techniques and others Owners have 1 0 days to initiate compliance with these requirements
bull The ability to provide a limited time compliance program The compliance program may include discharges exceeding limits and is intended as a bridge toward full compliance (Le installation of a treatment facility or other modifications)
bull An option to require industrial occupants who exceed limits fail to comply with a compliance program or hav~ had spills to conduct a study of effects or to develop a pollution prevention plan
bull Requirements to install and maintain oil grease and sand interceptors for any owners who may discharge oil or sediment respectively
bull Requirements for construction activities and outdoor storage bull Sections on confidentiality and enforcement
57 Other Municipal and Regional Bylaws
PGL reviewed a number of cgtther sewer use bylaws In the selection of bylaws to review PGL focussed on recent bylaws or regions that are considered leaders in the management of water The values restricting discharges to the storm sewer are noted on Table 1 as well as the various prohibitions All of these bylaws include both stormwater and sanitary discharges The information noted below was used in our evaluation of recommended changes to the City of Oshawas bylaw
The bylaws reviewed consisted of sewer use bylaws from
bull Regional Municipality of York 2010 Draft bull City ofKingston 2008 bull City of Ottawa 2003 bull City of Toronto 2009 bull Regional Municipality of Waterloo 1992 bull City of London 2010 and bull Regional Municipality of Niagara 2008
With regards to the limits imposed on stormwater discharges the other cities and regions are relatively similar and consistent with the Region of Durham The middotCity of Waterloo is somewhat of an outlier and often has standards for stormwater discharges that are more stringent than other
- areas The Citys values are higher or lower than other areas with little consistency The Region of Durham Region of York and City of Toronto have values that are very similar with the only differences being that the Region has a higher limit than the City of Toronto for manganese The
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City of Toronto also has numerous organic compounds that are not included the Regions list of compounds
With regards to the text of the bylaw there are numerous differences between the various cities and regions The great majority of the bylaws have sections relating to definitions discharge requirements a prohibition of dilution agreements for discharges sampling and analytical requirements amiddot compliance program maintenance access points and requirements for interceptors The prohibition of dilution restricts people from diluting a waste to meet the bylaw requirements The compliance programs allow an industry to discharge waste out of compliance while it is taking steps to meet compliance middot
One area where various regions differ significantly is on the requirements made of industries The City of Toronto for example required Pollution Prevention Plans from almost all industries with an initial deadline of 2002 Other regions (ie York and Durham) have the ability to request Pollution Prevention Plans Waterloo and Kingston require waste survey reports while York Durham and Ottawa have the option to request them The only region or city with an option tQ prepare a Best Management Plan is Waterloo
Another area where there are significant differences is in the actions allowed if there are discharges over the limits prescribed In almost all cases a compliance plan is permitted to close the gap to compliance In Waterloos case the implementation of a Best Management Plan will allow for discharges Qutside of the prescribed limits In Yorks case a Pollution Prevention Plan may be required Kingston has no option other than compliance
Several but not all of the bylaws reviewed include language regarding the responsibilities for samplirig and monitoring York Niagara Toronto and Ottawa all indicate that sampling required
by the city or region is to be paid for by the owner
58 Best Management Practices
There are numerous best management practices (BMPs) that can be implemented to control the flow and quality of stormwater discharges Adopting a workable and up-to-date sewer use bylaw middotis one of the things that can be done to improve the environment and in this report PGL has several recommendations for how this can be done Other best management options include
bull Enforcement of sewer use bylaw bull Education of industries and the public This can be done through information sessions
developing materials for education or by labelling high risk catch pasins that discharge to surface water and fish habitat middot
bull Incorporating environmentally sound practices in the design and approval of stormwater management plans prepared by existing industries andor new developments These Low Impact Development features could include middot gt Volume Reduction - reduce and mitigate the total runoff volume caused by increased
urban development and subsequent increasing impervious areas and maximize the amount of runoff returned to shallow groundwater via recharge BMPs for volume reduction and maximizing recharge include ground infiltration systems (ie permeable pipes and catch basins rock drains) pervious pavement designs restrictor plates biofiltration swales and long-term storage in constructed wetlands or ponds
gt Water Quality Improvements - mitigate water quality impacts to fish habitat by collecting and treating fir8t flush events ofmiddot smaller storms and more frequent runoff events from impervious areas BMPs for water quality include biofiltration swales and constructed wetlands Oil and grit separators are also a way to improve water quality as many of the
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contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
PGL
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Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
IPGL
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In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
PGL
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added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
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639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
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10 INTRODUCTION c
c
Pottinger Gaherty middotEnvironmental Consultants Ltd (PGL) is pleased to provide our evaluation of the Corporation of the City of Oshawas (City) Sewer Use Bylaw 95-95 This report has been prepared to document our work findings and recommendations
20 BACKGROUND
The City has a sewer use bylaw regulating discharges to the municipal storm sewers This bylaw is in place primarily to ensure the efficient operation of the system and for the protection of the natural environment This bylaw was last updated in 1995 Recently differences between the Region of Durham (Region) Sewer Use Bylaw and the Citys bylaw have been identified
30 OBJECTIVE
The evaluation was conduded
bull to update the bylaw to the most recent pradices and science bull to ensure protedion of the naturalaquatic environment and bull to harmonize the Citys bylaw with the Regions bylaw to the extent possible
PGL was also asked to consider best management pradices that may be implemented by the City to improve stormwater quality
40 WORK PROGRAM
middotTo meet the objedives noted above PGL designed a work program to evaluate the Citys bylaw against the various other bylaws and effeds-based standards and guidelines Specifically PGL
1 Met with the City to clarify needs and current practices
2 Met with the Region of Durham to identify the rationale behind some of its bylaw components middot
3 Met with the Central Lake Ontario Conservation Authority (CLOCA) to discuss its perspedive on stormwater and environmental prot~ction
4 Contacted the various municipalities in Durham Regionmiddot to determine if they have a sewer use bylaw or if they are currently working to revise their bylaws
5 Reviewed similar bylaws from the Region of Durham Durham Region municipalities and other Ontario municipalities that are considered leaders middotin environmental protection (ie Regional MunicipalitY of Niagara City of London Regional Municipality of Waterloo City of Toronto City of Ottawa City of Kingston and Regional Municipality of York)
6 Compared numerical and qualitative standards from the Region of Durhilm and various regions and municipalities with the City standards
7 Compared effed-based standards (ie Provincial Water Quality Objectives Canadian Water Quality Guidelines for the Protedion of Aquatic Life Great Lakes Water Quality Agreement Aquatic Protedion Values) with the City and Region standards
8 Evaluated best management practices and their applicability to the City of Oshawas situation
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9 Proposed modifications to the current bylaw that update standards and various management components
10 Met with the City Region and CLOCA to discuss our findings and recommendations and
11 Prepared a draft report of our findings and incorporated comments from the City Region and CLOCA and
12 Prepared this final report of our findings
50 FINDINGS
The findings are discussed in categories related to our work completed Each set of findings are evaluated and discussed Many of the sewer use bylaws apply to both sanitary and storm sewers As Oshawas bylaw relates to storm sewers only PGL only evaluated the storm sewer components of each bylaw The findings discussed here are then used in our discussion section to make recommendations for modifications to the Citys bylaw
51 Regulatory Context
To understand the various limits and values relating to environmental effects PGL has summarized some of the applicable legislation Information from this section is used later in the report when we evaluate proposed bylaw limits The provincial statues apply to surface water in the City as do federal requirements because of the fact that surface water is considered fish habitat
The federal Fisheries Act prohibits the deposit of a deleterious substance of any type in water frequented by fish or in any place under any Conditions where the deleterious substance or any
middotother deleterious substance that results from the deposit of the deleterious substance may enter any such water (subsection 36(3)) Any substance with a potentially harmful chemical physical or biological effect on fish or fish habitat is considered to be deleterious
Section 30(1) of the Ontario Water Resources Act states that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters is guilty of an offence
The Ontario Environmental Protection Act provides the legislative authority to limit the discharge of contaminants to the natural environment Section 14(1) of the Ontario Environmental Protection Act (RSO 1990) states that a person shall not discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment if the discharge causes or may cause an adverse effect Section 1 (1) of the same act defines adverse effect as one or more of (a) impairment of the quality of the natural environment for any use that can be made of it (b) injury or damage to property or to plant or animal life (c) harm or material discomfort to any person (d) an adverse effect on the health of any person (e) impairment of the safety of any person (f) rendering any property or plant or animal life unfit for use by man (g) loss of enjoyment of normal use of property ancf (h) interference with the normal conduct of business
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52 Comparison to Durham Region Sewer Use Bylaw
PGL compared the City and the Regions sewer use bylaws to evaluate significant differences The Regions bylaw (Bylaw 43-2004) was last revised in June-2009 Changes to the Regions bylaw are being considered and we also discuss differences with the draft concepts The revised changes will have no effect on stormwater discharge criteria
Table 1 (appended) shows a comparison of the City and Region bylaws with respect to storm sewer discharge values There are numerous cases where there are no City values and Regional values exist There is no consistency with respect to the quantitative limits (ie there are instances where the City is more stringent and cases were the Region is more stringent)
PGL obtained information regarding the rationale for the various limits from Simon Beacock Group Leader Region of Durham Sewer Use Bylaw Office The information indicates that most values are taken from the City of Toronto bylaw or are four times the City of Toronto or Regions detection limits for its lab Mr Beacock indicated that the values used have been accepted by the Municipal Sewer Use Group whose members include the Region of Durham Region of York City of Toronto and other municipalities or regions
Table 1 also shows a comparison of the list of restricted items for discharge to the storm sewer (qualitative items) The Regions list is more extensive than the Citys but the Citys items are all found within the Regions list For ease of implementation PGL recommends the Citys list mirror the Regions asit is mor~ complete
There are also severaJ sections of the Regions bylaw that differ from the Citys There are definitions that vary from the Regions however many of these are due to the fact that the Citys bylaw does not include sanitary sewer discharges The Region also includes sections on foundation drain connections oil grease and sand interceptors a prohibition of dilution agreements compliance programs Pollution Prevention Plans applications for waste discharge and surveys and several general categories Some of these sections could be incorporated in the Citys updated bylaw as appropriate as discussed in Section 63
PGL discussed the implementation of and changes to Durham Regions Sewer Use Bylaw with Simon Beacock He indicated that although the bylaw includes the option to require a pollution prevention plan or connection permits with a waste survey these are not being implemented The need for connection permits will likely be removed in the future bylaw The Region finds that enforcement of these sections is often not practical and it is focussed on education rather than enforcement The Region has developed pollution prevention plans for numerous industries that are known to commonly discharge wastes above the limits
The Region of Durham had no comments on our draft report --- middotmiddotmiddot
63 Bylaw Templates
There are three model sewer use bylaws in Ontario
1 Model Sewer Use Bylaw Ontario Ministry of Environment August 1988 was reprinted in middot October 1989
2 Model Sewer Use Bylaw DRAFT only Ontario Ministry of Environment 1998 and
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3 Model Sewer Use Bylaw Guidance Document Marbek Resource Consultants Ltd submitted to Canadian Council of Ministers of Environment February 2009
In an effort to promote the development of sewer use bylaws the Ontario Ministry of Environment (MOE) published a template bylaw in 1988 This template is the model used by the City of Oshawa for the development of its current bylaw Many of the quantitative water quality values used in the model bylaw are derived from the Provincial Water Quality Objectives (PWQO) and include a dilution factor of 15 to 5 times The standards include a note that the values and prohibitions are intended as trigger levels for further action Where a discharge exceeds a limit the municipality is to request the industry prepare andmiddot implement a Best Management Plan to address the stollT1water discharge The limits and prohibitions are also intended to apply to two cases only for runoff from an industrial process area and where material has been purposely added to the storm sewer as a method of disposal
The MOEs draft 1998 model sewer use bylaw was posted for comment but never finalized In middot this version the various prohibitions remain but the numerical limits are replaced with a statement that the discharge should notimpair the quality of the water in any well lake river pond spring stream reservoir or other water or watercoursemiddot The sections on sampling and analysis spills and offences and penalties also were reworded and a section added regarding discharger selfshymonitoring
The 2009 sewer use bylaw model applies only to sanitary and combined sewer works and does notapply to the Citysmiddot context The model bylaw does however have up-to-date definitions and clauses that may be of use for some of the Citys needs middot
In summary there is little useful guidance available from the provincial government on a bylaw middotmiddot template Recent bylaws from other jurisdictions are likely more useful Information regarding the
purpose of the limits and the dilution factor used in the derivation of the limits are used in the discussion below
54 Central Lake Ontario Conservation Authority
The CLOCAs mandate is to promote the conservation restoration development and management of natural resources in partnershipmiddot with local municipalities and the province Although the Citys bylaw will take priority over CLOCAs guidelines PGL reviewed CLOCAs information and talked to CLOCA about its objectives
middot CLOCAs stormwater requirements are found in Technical Guidelines for Stormwater Management Submissions CLOCA June 2007 revised March 2010 This document contains guidance regarding stormwater system design and CLOCA requirements Regarding water quality CLOCA uses guidance from the Ontario MOEs Stormwater Management Planning and Design Manual 2003 In this document there is a requirement that 70 to 80 of suspended solids be removed from a propertys stormwater discharge CLOCA provides other guidance
middot regarding infiltration erosion control and oil and grit separators Best management practicesmiddot discussed include reduced lot grading roof leaders discharging to areas of infiltration infiltration trenches grassed swales and pervious pipe and catch basin systems
CLOCA had two comments on the draft version of this report It shares the official policy of the Ontario Ministry of E11vironment and Fisheries and Oceans Canada with respect to applying dilution factors (ie it had concerns regarding the use of a dilution factor) CLOCA supports the implementation of options for action on non-compliance situations (ie pollution prevention plans or requirements for physical works)
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55 Effects Based Guidelines
PGL compared the sewer use bylaw standards to commonly accepted effects-based guidelines (ie values that indicate possible adverse effects to aquatic life) Documents reviewed include
bull Water Management Policies Guidelines and Provincial Water Quality Objectives (commonly called PWQO) Ontario Ministry of Environment and Energy July 1994 reprinted 1999
middot bull Canadian Environmental Quality Guidelines Canadian Council of Ministers of the Environment (CCME) 1999 and last updated 2007
bull Great Lakes Water Quality Agreement of 1978 (GLWaA) last amended 1987 and bull Rationale for the Development of Soil and Ground Water Standards for Use at Contaminated
Sites in Ontario MOE December 22 2009 From this document the Aquatic Protection Values (APVs) were used for comparison
From these 1guidelines the PWQO is the most commonly used document in Ontario The other documents were used as reference or to support discussions and recommendations below
The CCME PWQO GLWQA and APV values indicate habitats that are acceptable for aquatic life These are considered chronic effect limits Some mixing and dilution will take place in the pipe before discharge to surface water and further mixing and dilution will take place in a receiving water body Reliance on a dilution factor to achieve standards in the receiving water body (ie to accommodate for mixing) is officially discouraged by both the MOE and Fisheries and Oceans Canada Discussions with the Region and MOE however indicate that they understand mixing is available for rainfall discharges (ie the use of dilution in the stream can be used) As a result of this practice we have also incorporated a dilution factor into our discussion below
Table 1 (attached) shows our comparison to the various effect-based standards Based on the common use of the PWQO we used this as a preliminary evaluation of limits Table A below shows discharge limits from the City or Region that exceed PWQO values
As a secondary screen of effect-based values PGL
1 Assumed a dilution factor of 5 times The MOE template bylaw allowed for a dilution factor of 15 to 5 times based on the compound and 5 seems reasonable given the allowance for dilution in the stream
2 Compared discharge limits to 5 times PWQO
3 Compared discharge limits to 5 times GCME values as these are more up to date than PWQOs
4 Compared discharge limits to 5 times APVs as these are the most up to date and are the values currently accepted by the MOE and
5 Highlighted compounds that exceeded any of the three comparisons above (bold and underlined in Table A)
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Table A Bylaw Values Exceeding PWQO
cadmium (ug1) 1
chromium (ug1) 200
copper (ug1) 10
lead (ug1) 50
mercury (total- ug1) 1
nickel (total - ug1) 50
silver (ug1) NS
zinc (ug1) 50
cyanide (ug1) NS
e-coli (colonies100 ml) 200
PCBs (ug1) NS
phenolics (ug1) NS
phosphorus (total ~ ug1) NS
1 2-dichlorobenzene (ug1) NS
14-dichlorobenzene (ug1) NS
toluene (ug1) NS
sect 02 0017
80 89 89
50 1-5 2-4
120 5-25 1-7
04 02 003
80 25 25-150
120 01 01
40 30 30
20 5 5
200 100 NS
04 0001 NS
sect 1 4
400 30 NS
56 25 07
68 4 26
2 08 20
021
64
69
2
077
39 -
012
89
52
NS
0014
961
NS
763
763
1400
1
80
50
10
04
80
NS
40
20
200
NS
NS
400
56
68
2
Notes NS =no standard ug1 =microgramgt per litre
Each of the compounds remaining was then evaluated on a case-by-case basis
bull Cadmium is soluble and toxic and there was no reason to deviate from the effect-based standards
bull The APV value for chromium is based on a 2008 US Environmental Protection Agency value and assumes a water hardness of 70mgl This hardness value represents relatively soft water and although high for rainfall is acceptable Since this is based on the most recent work it can be used and the Regio11s value is acceptable
bull The copper value may be toxicologically justified but is likely impractical to comply with Copper use is widespread and the use of the Regions value may be reasonable as a value that can be enforced Assuming a 10 times dilution factor in the pipe and stream would lead to a justifiable value of 50ugll as a discharge limit middot
bull Lead is not soluble under normal conditions but will solubilize with a reduced pH Given that lead in sediment is toxic to benthic invertebrates and in the food chain and given the common use of lead we recommend an effects-based standard The toxicity value is well justified
bull Silver discharges have typically been restricted due to its use in the photographic industry (ie film developing) Silver is highly insoluble and therefore would be expected in the sediment of discharges rather than the liquid The use of the Regions value may be
middot acceptable in cases with significant sediment Based on the difficulty of explaining the
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nuances of this difference between dissolved and total silver and the current lack of use of silver it is recommended to leave this value from the Citys list of parameters
bull CCME indicates that PCBs should not be treated as water quality parameter as the PCBs would be found primarily in sediment In addition the use of PCBs is very limited due to its restriction in the 1980s and there is no reason to believe this is a significant source of contamination to the Citys sewers Based on these two factors PGL recommends that PCB be left off of the Citys list of compounds -
bull The phenolics value exceeds 5 times the PWQO but is well below the APV value for phenol Phenolics is a broad analysis of various compounds and does notmiddot indicate a specific compound Based on the lack of specificity in the analysis PGL does not recommend the use of this value in the Citys list of compounds middot
bull The phosphorus level found in the PWQO was set to avoid nuisance algae blooms and to limit excessive plant growth in water bodies Phosphorus is not considered toxic in itself The Regions limit assumes a dilution factor of 13 times and this is likely acceptable given that stormwatermiddot emissions occur over short periods and the PWQO limit of 30ugJ is for a longshyterm average
In summary PGL believes that standards more stringent than the Regions should be used for cadmium and lead based on effects-based values The effects based value for copper is toxicologically justified but likely routinely exceeded because of the widespread use of copper and its solubility In this case the use of the Regions standards is likely appropriate for ease of implementation Silver and PCBs are not being used widely and would be found in sediment primarily We recommend that no standards be put in place for these Phenolics are a case where the testing does not represent toxicity and therefore should not be used Phosphorus is another case that is not related directly to toxicity however does reflect a water bodys health The Regions value is appropriate in this case
It is understood that many of the Regions limits were set based on 4 times the method detection limit for the City -of Toronto or Regions lab The limits were set some timemiddot in the past and current commercial labs can readily meet the PWQO values PGL believes that the 4 times method detection limit rationale is not technically justifiable at this time middot
Although there are toxicity concerns with cadmium and lead the City may still elect to use the Regions values for ease of implementation These values are widely used by other municipalities as seen on Table 1 and the MOE has no i(nmediate concerns with the values (conversation with Ted Belayneh Group Leader Surface Water) It should be noted however that the values will likely be reduced in the future as the trend in environmental protection is generally to lower standards particularly for these parameters
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
PGL contacted various municipalities i~ the Durham Region (Pickering Ajax Whitby and Clarington) to discuss their sewer use bylaws Of these municipalities only Ajax has a valid sewer use bylaw Their current bylaw is from 1972 and is considered significantly out of date Pickering has a one-page bylaw from the 1960s that is not being used Of the four municipalities consulted only Ajax is in the process of updating its current bylaw middot
The Town of Ajaxs draft sewer use bylaw limits are shown in Table 1 along with the Regions values As can be seen the values generally mirror the current Regions alues There are also numerous compounds included in the Town of Ajaxs list of values that are not part of the Citys or
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Regions bylaws Discussions indicate that these were added to reflect industrial processes present in the Town of Ajaxs local jurisdiction It is PGLs recommendation not to adopt this expanded list of contaminants to facilitate implementation The expanded list would be largely captured in the bylaw with the list of prohibited materials
The draft Town of Ajax bylaw is the only other bylaw reviewed that was for stormwater only The text includes various items not found in the City of Oshawas bylaw These items are noted below and were considered in our evaluation of recommended changes
bull Options for action on non-compliance other than a Notice of Violation Options include imposing requirements for a study on stormwater quality or quantity modification or the construction of stormwater facilities implementing pollution prevention techniques and others Owners have 1 0 days to initiate compliance with these requirements
bull The ability to provide a limited time compliance program The compliance program may include discharges exceeding limits and is intended as a bridge toward full compliance (Le installation of a treatment facility or other modifications)
bull An option to require industrial occupants who exceed limits fail to comply with a compliance program or hav~ had spills to conduct a study of effects or to develop a pollution prevention plan
bull Requirements to install and maintain oil grease and sand interceptors for any owners who may discharge oil or sediment respectively
bull Requirements for construction activities and outdoor storage bull Sections on confidentiality and enforcement
57 Other Municipal and Regional Bylaws
PGL reviewed a number of cgtther sewer use bylaws In the selection of bylaws to review PGL focussed on recent bylaws or regions that are considered leaders in the management of water The values restricting discharges to the storm sewer are noted on Table 1 as well as the various prohibitions All of these bylaws include both stormwater and sanitary discharges The information noted below was used in our evaluation of recommended changes to the City of Oshawas bylaw
The bylaws reviewed consisted of sewer use bylaws from
bull Regional Municipality of York 2010 Draft bull City ofKingston 2008 bull City of Ottawa 2003 bull City of Toronto 2009 bull Regional Municipality of Waterloo 1992 bull City of London 2010 and bull Regional Municipality of Niagara 2008
With regards to the limits imposed on stormwater discharges the other cities and regions are relatively similar and consistent with the Region of Durham The middotCity of Waterloo is somewhat of an outlier and often has standards for stormwater discharges that are more stringent than other
- areas The Citys values are higher or lower than other areas with little consistency The Region of Durham Region of York and City of Toronto have values that are very similar with the only differences being that the Region has a higher limit than the City of Toronto for manganese The
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City of Toronto also has numerous organic compounds that are not included the Regions list of compounds
With regards to the text of the bylaw there are numerous differences between the various cities and regions The great majority of the bylaws have sections relating to definitions discharge requirements a prohibition of dilution agreements for discharges sampling and analytical requirements amiddot compliance program maintenance access points and requirements for interceptors The prohibition of dilution restricts people from diluting a waste to meet the bylaw requirements The compliance programs allow an industry to discharge waste out of compliance while it is taking steps to meet compliance middot
One area where various regions differ significantly is on the requirements made of industries The City of Toronto for example required Pollution Prevention Plans from almost all industries with an initial deadline of 2002 Other regions (ie York and Durham) have the ability to request Pollution Prevention Plans Waterloo and Kingston require waste survey reports while York Durham and Ottawa have the option to request them The only region or city with an option tQ prepare a Best Management Plan is Waterloo
Another area where there are significant differences is in the actions allowed if there are discharges over the limits prescribed In almost all cases a compliance plan is permitted to close the gap to compliance In Waterloos case the implementation of a Best Management Plan will allow for discharges Qutside of the prescribed limits In Yorks case a Pollution Prevention Plan may be required Kingston has no option other than compliance
Several but not all of the bylaws reviewed include language regarding the responsibilities for samplirig and monitoring York Niagara Toronto and Ottawa all indicate that sampling required
by the city or region is to be paid for by the owner
58 Best Management Practices
There are numerous best management practices (BMPs) that can be implemented to control the flow and quality of stormwater discharges Adopting a workable and up-to-date sewer use bylaw middotis one of the things that can be done to improve the environment and in this report PGL has several recommendations for how this can be done Other best management options include
bull Enforcement of sewer use bylaw bull Education of industries and the public This can be done through information sessions
developing materials for education or by labelling high risk catch pasins that discharge to surface water and fish habitat middot
bull Incorporating environmentally sound practices in the design and approval of stormwater management plans prepared by existing industries andor new developments These Low Impact Development features could include middot gt Volume Reduction - reduce and mitigate the total runoff volume caused by increased
urban development and subsequent increasing impervious areas and maximize the amount of runoff returned to shallow groundwater via recharge BMPs for volume reduction and maximizing recharge include ground infiltration systems (ie permeable pipes and catch basins rock drains) pervious pavement designs restrictor plates biofiltration swales and long-term storage in constructed wetlands or ponds
gt Water Quality Improvements - mitigate water quality impacts to fish habitat by collecting and treating fir8t flush events ofmiddot smaller storms and more frequent runoff events from impervious areas BMPs for water quality include biofiltration swales and constructed wetlands Oil and grit separators are also a way to improve water quality as many of the
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contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
PGL
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Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
IPGL
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In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
PGL
lb
Storm Sewer Use Bylaw Evaluation Apri12011 The Corporation of the City of Oshawa Page 13 PGL File 2599-0101
added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
PGL
Storm Sewer Use Bylaw Evaluation Aprll2011 The Corporation of the City of Oshawa Page 14 PGL File 25990101
639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page2 PGL File 2599-0101
9 Proposed modifications to the current bylaw that update standards and various management components
10 Met with the City Region and CLOCA to discuss our findings and recommendations and
11 Prepared a draft report of our findings and incorporated comments from the City Region and CLOCA and
12 Prepared this final report of our findings
50 FINDINGS
The findings are discussed in categories related to our work completed Each set of findings are evaluated and discussed Many of the sewer use bylaws apply to both sanitary and storm sewers As Oshawas bylaw relates to storm sewers only PGL only evaluated the storm sewer components of each bylaw The findings discussed here are then used in our discussion section to make recommendations for modifications to the Citys bylaw
51 Regulatory Context
To understand the various limits and values relating to environmental effects PGL has summarized some of the applicable legislation Information from this section is used later in the report when we evaluate proposed bylaw limits The provincial statues apply to surface water in the City as do federal requirements because of the fact that surface water is considered fish habitat
The federal Fisheries Act prohibits the deposit of a deleterious substance of any type in water frequented by fish or in any place under any Conditions where the deleterious substance or any
middotother deleterious substance that results from the deposit of the deleterious substance may enter any such water (subsection 36(3)) Any substance with a potentially harmful chemical physical or biological effect on fish or fish habitat is considered to be deleterious
Section 30(1) of the Ontario Water Resources Act states that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters is guilty of an offence
The Ontario Environmental Protection Act provides the legislative authority to limit the discharge of contaminants to the natural environment Section 14(1) of the Ontario Environmental Protection Act (RSO 1990) states that a person shall not discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment if the discharge causes or may cause an adverse effect Section 1 (1) of the same act defines adverse effect as one or more of (a) impairment of the quality of the natural environment for any use that can be made of it (b) injury or damage to property or to plant or animal life (c) harm or material discomfort to any person (d) an adverse effect on the health of any person (e) impairment of the safety of any person (f) rendering any property or plant or animal life unfit for use by man (g) loss of enjoyment of normal use of property ancf (h) interference with the normal conduct of business
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Storm Sewer Use Bylaw Evaluation Aprl12011 The Corporation of the City of Oshawa Page3 PGL File 2599-0101
52 Comparison to Durham Region Sewer Use Bylaw
PGL compared the City and the Regions sewer use bylaws to evaluate significant differences The Regions bylaw (Bylaw 43-2004) was last revised in June-2009 Changes to the Regions bylaw are being considered and we also discuss differences with the draft concepts The revised changes will have no effect on stormwater discharge criteria
Table 1 (appended) shows a comparison of the City and Region bylaws with respect to storm sewer discharge values There are numerous cases where there are no City values and Regional values exist There is no consistency with respect to the quantitative limits (ie there are instances where the City is more stringent and cases were the Region is more stringent)
PGL obtained information regarding the rationale for the various limits from Simon Beacock Group Leader Region of Durham Sewer Use Bylaw Office The information indicates that most values are taken from the City of Toronto bylaw or are four times the City of Toronto or Regions detection limits for its lab Mr Beacock indicated that the values used have been accepted by the Municipal Sewer Use Group whose members include the Region of Durham Region of York City of Toronto and other municipalities or regions
Table 1 also shows a comparison of the list of restricted items for discharge to the storm sewer (qualitative items) The Regions list is more extensive than the Citys but the Citys items are all found within the Regions list For ease of implementation PGL recommends the Citys list mirror the Regions asit is mor~ complete
There are also severaJ sections of the Regions bylaw that differ from the Citys There are definitions that vary from the Regions however many of these are due to the fact that the Citys bylaw does not include sanitary sewer discharges The Region also includes sections on foundation drain connections oil grease and sand interceptors a prohibition of dilution agreements compliance programs Pollution Prevention Plans applications for waste discharge and surveys and several general categories Some of these sections could be incorporated in the Citys updated bylaw as appropriate as discussed in Section 63
PGL discussed the implementation of and changes to Durham Regions Sewer Use Bylaw with Simon Beacock He indicated that although the bylaw includes the option to require a pollution prevention plan or connection permits with a waste survey these are not being implemented The need for connection permits will likely be removed in the future bylaw The Region finds that enforcement of these sections is often not practical and it is focussed on education rather than enforcement The Region has developed pollution prevention plans for numerous industries that are known to commonly discharge wastes above the limits
The Region of Durham had no comments on our draft report --- middotmiddotmiddot
63 Bylaw Templates
There are three model sewer use bylaws in Ontario
1 Model Sewer Use Bylaw Ontario Ministry of Environment August 1988 was reprinted in middot October 1989
2 Model Sewer Use Bylaw DRAFT only Ontario Ministry of Environment 1998 and
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Pag4PGL File 2599-0101
3 Model Sewer Use Bylaw Guidance Document Marbek Resource Consultants Ltd submitted to Canadian Council of Ministers of Environment February 2009
In an effort to promote the development of sewer use bylaws the Ontario Ministry of Environment (MOE) published a template bylaw in 1988 This template is the model used by the City of Oshawa for the development of its current bylaw Many of the quantitative water quality values used in the model bylaw are derived from the Provincial Water Quality Objectives (PWQO) and include a dilution factor of 15 to 5 times The standards include a note that the values and prohibitions are intended as trigger levels for further action Where a discharge exceeds a limit the municipality is to request the industry prepare andmiddot implement a Best Management Plan to address the stollT1water discharge The limits and prohibitions are also intended to apply to two cases only for runoff from an industrial process area and where material has been purposely added to the storm sewer as a method of disposal
The MOEs draft 1998 model sewer use bylaw was posted for comment but never finalized In middot this version the various prohibitions remain but the numerical limits are replaced with a statement that the discharge should notimpair the quality of the water in any well lake river pond spring stream reservoir or other water or watercoursemiddot The sections on sampling and analysis spills and offences and penalties also were reworded and a section added regarding discharger selfshymonitoring
The 2009 sewer use bylaw model applies only to sanitary and combined sewer works and does notapply to the Citysmiddot context The model bylaw does however have up-to-date definitions and clauses that may be of use for some of the Citys needs middot
In summary there is little useful guidance available from the provincial government on a bylaw middotmiddot template Recent bylaws from other jurisdictions are likely more useful Information regarding the
purpose of the limits and the dilution factor used in the derivation of the limits are used in the discussion below
54 Central Lake Ontario Conservation Authority
The CLOCAs mandate is to promote the conservation restoration development and management of natural resources in partnershipmiddot with local municipalities and the province Although the Citys bylaw will take priority over CLOCAs guidelines PGL reviewed CLOCAs information and talked to CLOCA about its objectives
middot CLOCAs stormwater requirements are found in Technical Guidelines for Stormwater Management Submissions CLOCA June 2007 revised March 2010 This document contains guidance regarding stormwater system design and CLOCA requirements Regarding water quality CLOCA uses guidance from the Ontario MOEs Stormwater Management Planning and Design Manual 2003 In this document there is a requirement that 70 to 80 of suspended solids be removed from a propertys stormwater discharge CLOCA provides other guidance
middot regarding infiltration erosion control and oil and grit separators Best management practicesmiddot discussed include reduced lot grading roof leaders discharging to areas of infiltration infiltration trenches grassed swales and pervious pipe and catch basin systems
CLOCA had two comments on the draft version of this report It shares the official policy of the Ontario Ministry of E11vironment and Fisheries and Oceans Canada with respect to applying dilution factors (ie it had concerns regarding the use of a dilution factor) CLOCA supports the implementation of options for action on non-compliance situations (ie pollution prevention plans or requirements for physical works)
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa PageS PGL File 2599-0101
55 Effects Based Guidelines
PGL compared the sewer use bylaw standards to commonly accepted effects-based guidelines (ie values that indicate possible adverse effects to aquatic life) Documents reviewed include
bull Water Management Policies Guidelines and Provincial Water Quality Objectives (commonly called PWQO) Ontario Ministry of Environment and Energy July 1994 reprinted 1999
middot bull Canadian Environmental Quality Guidelines Canadian Council of Ministers of the Environment (CCME) 1999 and last updated 2007
bull Great Lakes Water Quality Agreement of 1978 (GLWaA) last amended 1987 and bull Rationale for the Development of Soil and Ground Water Standards for Use at Contaminated
Sites in Ontario MOE December 22 2009 From this document the Aquatic Protection Values (APVs) were used for comparison
From these 1guidelines the PWQO is the most commonly used document in Ontario The other documents were used as reference or to support discussions and recommendations below
The CCME PWQO GLWQA and APV values indicate habitats that are acceptable for aquatic life These are considered chronic effect limits Some mixing and dilution will take place in the pipe before discharge to surface water and further mixing and dilution will take place in a receiving water body Reliance on a dilution factor to achieve standards in the receiving water body (ie to accommodate for mixing) is officially discouraged by both the MOE and Fisheries and Oceans Canada Discussions with the Region and MOE however indicate that they understand mixing is available for rainfall discharges (ie the use of dilution in the stream can be used) As a result of this practice we have also incorporated a dilution factor into our discussion below
Table 1 (attached) shows our comparison to the various effect-based standards Based on the common use of the PWQO we used this as a preliminary evaluation of limits Table A below shows discharge limits from the City or Region that exceed PWQO values
As a secondary screen of effect-based values PGL
1 Assumed a dilution factor of 5 times The MOE template bylaw allowed for a dilution factor of 15 to 5 times based on the compound and 5 seems reasonable given the allowance for dilution in the stream
2 Compared discharge limits to 5 times PWQO
3 Compared discharge limits to 5 times GCME values as these are more up to date than PWQOs
4 Compared discharge limits to 5 times APVs as these are the most up to date and are the values currently accepted by the MOE and
5 Highlighted compounds that exceeded any of the three comparisons above (bold and underlined in Table A)
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page6 PGL File 2599-0101
Table A Bylaw Values Exceeding PWQO
cadmium (ug1) 1
chromium (ug1) 200
copper (ug1) 10
lead (ug1) 50
mercury (total- ug1) 1
nickel (total - ug1) 50
silver (ug1) NS
zinc (ug1) 50
cyanide (ug1) NS
e-coli (colonies100 ml) 200
PCBs (ug1) NS
phenolics (ug1) NS
phosphorus (total ~ ug1) NS
1 2-dichlorobenzene (ug1) NS
14-dichlorobenzene (ug1) NS
toluene (ug1) NS
sect 02 0017
80 89 89
50 1-5 2-4
120 5-25 1-7
04 02 003
80 25 25-150
120 01 01
40 30 30
20 5 5
200 100 NS
04 0001 NS
sect 1 4
400 30 NS
56 25 07
68 4 26
2 08 20
021
64
69
2
077
39 -
012
89
52
NS
0014
961
NS
763
763
1400
1
80
50
10
04
80
NS
40
20
200
NS
NS
400
56
68
2
Notes NS =no standard ug1 =microgramgt per litre
Each of the compounds remaining was then evaluated on a case-by-case basis
bull Cadmium is soluble and toxic and there was no reason to deviate from the effect-based standards
bull The APV value for chromium is based on a 2008 US Environmental Protection Agency value and assumes a water hardness of 70mgl This hardness value represents relatively soft water and although high for rainfall is acceptable Since this is based on the most recent work it can be used and the Regio11s value is acceptable
bull The copper value may be toxicologically justified but is likely impractical to comply with Copper use is widespread and the use of the Regions value may be reasonable as a value that can be enforced Assuming a 10 times dilution factor in the pipe and stream would lead to a justifiable value of 50ugll as a discharge limit middot
bull Lead is not soluble under normal conditions but will solubilize with a reduced pH Given that lead in sediment is toxic to benthic invertebrates and in the food chain and given the common use of lead we recommend an effects-based standard The toxicity value is well justified
bull Silver discharges have typically been restricted due to its use in the photographic industry (ie film developing) Silver is highly insoluble and therefore would be expected in the sediment of discharges rather than the liquid The use of the Regions value may be
middot acceptable in cases with significant sediment Based on the difficulty of explaining the
) PGL
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page7 PGL File 2599-0101
nuances of this difference between dissolved and total silver and the current lack of use of silver it is recommended to leave this value from the Citys list of parameters
bull CCME indicates that PCBs should not be treated as water quality parameter as the PCBs would be found primarily in sediment In addition the use of PCBs is very limited due to its restriction in the 1980s and there is no reason to believe this is a significant source of contamination to the Citys sewers Based on these two factors PGL recommends that PCB be left off of the Citys list of compounds -
bull The phenolics value exceeds 5 times the PWQO but is well below the APV value for phenol Phenolics is a broad analysis of various compounds and does notmiddot indicate a specific compound Based on the lack of specificity in the analysis PGL does not recommend the use of this value in the Citys list of compounds middot
bull The phosphorus level found in the PWQO was set to avoid nuisance algae blooms and to limit excessive plant growth in water bodies Phosphorus is not considered toxic in itself The Regions limit assumes a dilution factor of 13 times and this is likely acceptable given that stormwatermiddot emissions occur over short periods and the PWQO limit of 30ugJ is for a longshyterm average
In summary PGL believes that standards more stringent than the Regions should be used for cadmium and lead based on effects-based values The effects based value for copper is toxicologically justified but likely routinely exceeded because of the widespread use of copper and its solubility In this case the use of the Regions standards is likely appropriate for ease of implementation Silver and PCBs are not being used widely and would be found in sediment primarily We recommend that no standards be put in place for these Phenolics are a case where the testing does not represent toxicity and therefore should not be used Phosphorus is another case that is not related directly to toxicity however does reflect a water bodys health The Regions value is appropriate in this case
It is understood that many of the Regions limits were set based on 4 times the method detection limit for the City -of Toronto or Regions lab The limits were set some timemiddot in the past and current commercial labs can readily meet the PWQO values PGL believes that the 4 times method detection limit rationale is not technically justifiable at this time middot
Although there are toxicity concerns with cadmium and lead the City may still elect to use the Regions values for ease of implementation These values are widely used by other municipalities as seen on Table 1 and the MOE has no i(nmediate concerns with the values (conversation with Ted Belayneh Group Leader Surface Water) It should be noted however that the values will likely be reduced in the future as the trend in environmental protection is generally to lower standards particularly for these parameters
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
PGL contacted various municipalities i~ the Durham Region (Pickering Ajax Whitby and Clarington) to discuss their sewer use bylaws Of these municipalities only Ajax has a valid sewer use bylaw Their current bylaw is from 1972 and is considered significantly out of date Pickering has a one-page bylaw from the 1960s that is not being used Of the four municipalities consulted only Ajax is in the process of updating its current bylaw middot
The Town of Ajaxs draft sewer use bylaw limits are shown in Table 1 along with the Regions values As can be seen the values generally mirror the current Regions alues There are also numerous compounds included in the Town of Ajaxs list of values that are not part of the Citys or
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa PageS PGL File 2599-0101
Regions bylaws Discussions indicate that these were added to reflect industrial processes present in the Town of Ajaxs local jurisdiction It is PGLs recommendation not to adopt this expanded list of contaminants to facilitate implementation The expanded list would be largely captured in the bylaw with the list of prohibited materials
The draft Town of Ajax bylaw is the only other bylaw reviewed that was for stormwater only The text includes various items not found in the City of Oshawas bylaw These items are noted below and were considered in our evaluation of recommended changes
bull Options for action on non-compliance other than a Notice of Violation Options include imposing requirements for a study on stormwater quality or quantity modification or the construction of stormwater facilities implementing pollution prevention techniques and others Owners have 1 0 days to initiate compliance with these requirements
bull The ability to provide a limited time compliance program The compliance program may include discharges exceeding limits and is intended as a bridge toward full compliance (Le installation of a treatment facility or other modifications)
bull An option to require industrial occupants who exceed limits fail to comply with a compliance program or hav~ had spills to conduct a study of effects or to develop a pollution prevention plan
bull Requirements to install and maintain oil grease and sand interceptors for any owners who may discharge oil or sediment respectively
bull Requirements for construction activities and outdoor storage bull Sections on confidentiality and enforcement
57 Other Municipal and Regional Bylaws
PGL reviewed a number of cgtther sewer use bylaws In the selection of bylaws to review PGL focussed on recent bylaws or regions that are considered leaders in the management of water The values restricting discharges to the storm sewer are noted on Table 1 as well as the various prohibitions All of these bylaws include both stormwater and sanitary discharges The information noted below was used in our evaluation of recommended changes to the City of Oshawas bylaw
The bylaws reviewed consisted of sewer use bylaws from
bull Regional Municipality of York 2010 Draft bull City ofKingston 2008 bull City of Ottawa 2003 bull City of Toronto 2009 bull Regional Municipality of Waterloo 1992 bull City of London 2010 and bull Regional Municipality of Niagara 2008
With regards to the limits imposed on stormwater discharges the other cities and regions are relatively similar and consistent with the Region of Durham The middotCity of Waterloo is somewhat of an outlier and often has standards for stormwater discharges that are more stringent than other
- areas The Citys values are higher or lower than other areas with little consistency The Region of Durham Region of York and City of Toronto have values that are very similar with the only differences being that the Region has a higher limit than the City of Toronto for manganese The
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page9 PGL File 2599-0101
City of Toronto also has numerous organic compounds that are not included the Regions list of compounds
With regards to the text of the bylaw there are numerous differences between the various cities and regions The great majority of the bylaws have sections relating to definitions discharge requirements a prohibition of dilution agreements for discharges sampling and analytical requirements amiddot compliance program maintenance access points and requirements for interceptors The prohibition of dilution restricts people from diluting a waste to meet the bylaw requirements The compliance programs allow an industry to discharge waste out of compliance while it is taking steps to meet compliance middot
One area where various regions differ significantly is on the requirements made of industries The City of Toronto for example required Pollution Prevention Plans from almost all industries with an initial deadline of 2002 Other regions (ie York and Durham) have the ability to request Pollution Prevention Plans Waterloo and Kingston require waste survey reports while York Durham and Ottawa have the option to request them The only region or city with an option tQ prepare a Best Management Plan is Waterloo
Another area where there are significant differences is in the actions allowed if there are discharges over the limits prescribed In almost all cases a compliance plan is permitted to close the gap to compliance In Waterloos case the implementation of a Best Management Plan will allow for discharges Qutside of the prescribed limits In Yorks case a Pollution Prevention Plan may be required Kingston has no option other than compliance
Several but not all of the bylaws reviewed include language regarding the responsibilities for samplirig and monitoring York Niagara Toronto and Ottawa all indicate that sampling required
by the city or region is to be paid for by the owner
58 Best Management Practices
There are numerous best management practices (BMPs) that can be implemented to control the flow and quality of stormwater discharges Adopting a workable and up-to-date sewer use bylaw middotis one of the things that can be done to improve the environment and in this report PGL has several recommendations for how this can be done Other best management options include
bull Enforcement of sewer use bylaw bull Education of industries and the public This can be done through information sessions
developing materials for education or by labelling high risk catch pasins that discharge to surface water and fish habitat middot
bull Incorporating environmentally sound practices in the design and approval of stormwater management plans prepared by existing industries andor new developments These Low Impact Development features could include middot gt Volume Reduction - reduce and mitigate the total runoff volume caused by increased
urban development and subsequent increasing impervious areas and maximize the amount of runoff returned to shallow groundwater via recharge BMPs for volume reduction and maximizing recharge include ground infiltration systems (ie permeable pipes and catch basins rock drains) pervious pavement designs restrictor plates biofiltration swales and long-term storage in constructed wetlands or ponds
gt Water Quality Improvements - mitigate water quality impacts to fish habitat by collecting and treating fir8t flush events ofmiddot smaller storms and more frequent runoff events from impervious areas BMPs for water quality include biofiltration swales and constructed wetlands Oil and grit separators are also a way to improve water quality as many of the
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Storm Sewer Use Bylaw Evaluation Apr112011 The Corporation of the City of Oshawa Page 10 PGL File 2599-0101
contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
PGL
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page 11 PGL File 2599-0101
Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
IPGL
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page12 PGL File 2599-0101
In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
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added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
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639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
Storm Sewer Use Bylaw Evaluation Aprl12011 The Corporation of the City of Oshawa Page3 PGL File 2599-0101
52 Comparison to Durham Region Sewer Use Bylaw
PGL compared the City and the Regions sewer use bylaws to evaluate significant differences The Regions bylaw (Bylaw 43-2004) was last revised in June-2009 Changes to the Regions bylaw are being considered and we also discuss differences with the draft concepts The revised changes will have no effect on stormwater discharge criteria
Table 1 (appended) shows a comparison of the City and Region bylaws with respect to storm sewer discharge values There are numerous cases where there are no City values and Regional values exist There is no consistency with respect to the quantitative limits (ie there are instances where the City is more stringent and cases were the Region is more stringent)
PGL obtained information regarding the rationale for the various limits from Simon Beacock Group Leader Region of Durham Sewer Use Bylaw Office The information indicates that most values are taken from the City of Toronto bylaw or are four times the City of Toronto or Regions detection limits for its lab Mr Beacock indicated that the values used have been accepted by the Municipal Sewer Use Group whose members include the Region of Durham Region of York City of Toronto and other municipalities or regions
Table 1 also shows a comparison of the list of restricted items for discharge to the storm sewer (qualitative items) The Regions list is more extensive than the Citys but the Citys items are all found within the Regions list For ease of implementation PGL recommends the Citys list mirror the Regions asit is mor~ complete
There are also severaJ sections of the Regions bylaw that differ from the Citys There are definitions that vary from the Regions however many of these are due to the fact that the Citys bylaw does not include sanitary sewer discharges The Region also includes sections on foundation drain connections oil grease and sand interceptors a prohibition of dilution agreements compliance programs Pollution Prevention Plans applications for waste discharge and surveys and several general categories Some of these sections could be incorporated in the Citys updated bylaw as appropriate as discussed in Section 63
PGL discussed the implementation of and changes to Durham Regions Sewer Use Bylaw with Simon Beacock He indicated that although the bylaw includes the option to require a pollution prevention plan or connection permits with a waste survey these are not being implemented The need for connection permits will likely be removed in the future bylaw The Region finds that enforcement of these sections is often not practical and it is focussed on education rather than enforcement The Region has developed pollution prevention plans for numerous industries that are known to commonly discharge wastes above the limits
The Region of Durham had no comments on our draft report --- middotmiddotmiddot
63 Bylaw Templates
There are three model sewer use bylaws in Ontario
1 Model Sewer Use Bylaw Ontario Ministry of Environment August 1988 was reprinted in middot October 1989
2 Model Sewer Use Bylaw DRAFT only Ontario Ministry of Environment 1998 and
PGL
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Pag4PGL File 2599-0101
3 Model Sewer Use Bylaw Guidance Document Marbek Resource Consultants Ltd submitted to Canadian Council of Ministers of Environment February 2009
In an effort to promote the development of sewer use bylaws the Ontario Ministry of Environment (MOE) published a template bylaw in 1988 This template is the model used by the City of Oshawa for the development of its current bylaw Many of the quantitative water quality values used in the model bylaw are derived from the Provincial Water Quality Objectives (PWQO) and include a dilution factor of 15 to 5 times The standards include a note that the values and prohibitions are intended as trigger levels for further action Where a discharge exceeds a limit the municipality is to request the industry prepare andmiddot implement a Best Management Plan to address the stollT1water discharge The limits and prohibitions are also intended to apply to two cases only for runoff from an industrial process area and where material has been purposely added to the storm sewer as a method of disposal
The MOEs draft 1998 model sewer use bylaw was posted for comment but never finalized In middot this version the various prohibitions remain but the numerical limits are replaced with a statement that the discharge should notimpair the quality of the water in any well lake river pond spring stream reservoir or other water or watercoursemiddot The sections on sampling and analysis spills and offences and penalties also were reworded and a section added regarding discharger selfshymonitoring
The 2009 sewer use bylaw model applies only to sanitary and combined sewer works and does notapply to the Citysmiddot context The model bylaw does however have up-to-date definitions and clauses that may be of use for some of the Citys needs middot
In summary there is little useful guidance available from the provincial government on a bylaw middotmiddot template Recent bylaws from other jurisdictions are likely more useful Information regarding the
purpose of the limits and the dilution factor used in the derivation of the limits are used in the discussion below
54 Central Lake Ontario Conservation Authority
The CLOCAs mandate is to promote the conservation restoration development and management of natural resources in partnershipmiddot with local municipalities and the province Although the Citys bylaw will take priority over CLOCAs guidelines PGL reviewed CLOCAs information and talked to CLOCA about its objectives
middot CLOCAs stormwater requirements are found in Technical Guidelines for Stormwater Management Submissions CLOCA June 2007 revised March 2010 This document contains guidance regarding stormwater system design and CLOCA requirements Regarding water quality CLOCA uses guidance from the Ontario MOEs Stormwater Management Planning and Design Manual 2003 In this document there is a requirement that 70 to 80 of suspended solids be removed from a propertys stormwater discharge CLOCA provides other guidance
middot regarding infiltration erosion control and oil and grit separators Best management practicesmiddot discussed include reduced lot grading roof leaders discharging to areas of infiltration infiltration trenches grassed swales and pervious pipe and catch basin systems
CLOCA had two comments on the draft version of this report It shares the official policy of the Ontario Ministry of E11vironment and Fisheries and Oceans Canada with respect to applying dilution factors (ie it had concerns regarding the use of a dilution factor) CLOCA supports the implementation of options for action on non-compliance situations (ie pollution prevention plans or requirements for physical works)
7u
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa PageS PGL File 2599-0101
55 Effects Based Guidelines
PGL compared the sewer use bylaw standards to commonly accepted effects-based guidelines (ie values that indicate possible adverse effects to aquatic life) Documents reviewed include
bull Water Management Policies Guidelines and Provincial Water Quality Objectives (commonly called PWQO) Ontario Ministry of Environment and Energy July 1994 reprinted 1999
middot bull Canadian Environmental Quality Guidelines Canadian Council of Ministers of the Environment (CCME) 1999 and last updated 2007
bull Great Lakes Water Quality Agreement of 1978 (GLWaA) last amended 1987 and bull Rationale for the Development of Soil and Ground Water Standards for Use at Contaminated
Sites in Ontario MOE December 22 2009 From this document the Aquatic Protection Values (APVs) were used for comparison
From these 1guidelines the PWQO is the most commonly used document in Ontario The other documents were used as reference or to support discussions and recommendations below
The CCME PWQO GLWQA and APV values indicate habitats that are acceptable for aquatic life These are considered chronic effect limits Some mixing and dilution will take place in the pipe before discharge to surface water and further mixing and dilution will take place in a receiving water body Reliance on a dilution factor to achieve standards in the receiving water body (ie to accommodate for mixing) is officially discouraged by both the MOE and Fisheries and Oceans Canada Discussions with the Region and MOE however indicate that they understand mixing is available for rainfall discharges (ie the use of dilution in the stream can be used) As a result of this practice we have also incorporated a dilution factor into our discussion below
Table 1 (attached) shows our comparison to the various effect-based standards Based on the common use of the PWQO we used this as a preliminary evaluation of limits Table A below shows discharge limits from the City or Region that exceed PWQO values
As a secondary screen of effect-based values PGL
1 Assumed a dilution factor of 5 times The MOE template bylaw allowed for a dilution factor of 15 to 5 times based on the compound and 5 seems reasonable given the allowance for dilution in the stream
2 Compared discharge limits to 5 times PWQO
3 Compared discharge limits to 5 times GCME values as these are more up to date than PWQOs
4 Compared discharge limits to 5 times APVs as these are the most up to date and are the values currently accepted by the MOE and
5 Highlighted compounds that exceeded any of the three comparisons above (bold and underlined in Table A)
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Table A Bylaw Values Exceeding PWQO
cadmium (ug1) 1
chromium (ug1) 200
copper (ug1) 10
lead (ug1) 50
mercury (total- ug1) 1
nickel (total - ug1) 50
silver (ug1) NS
zinc (ug1) 50
cyanide (ug1) NS
e-coli (colonies100 ml) 200
PCBs (ug1) NS
phenolics (ug1) NS
phosphorus (total ~ ug1) NS
1 2-dichlorobenzene (ug1) NS
14-dichlorobenzene (ug1) NS
toluene (ug1) NS
sect 02 0017
80 89 89
50 1-5 2-4
120 5-25 1-7
04 02 003
80 25 25-150
120 01 01
40 30 30
20 5 5
200 100 NS
04 0001 NS
sect 1 4
400 30 NS
56 25 07
68 4 26
2 08 20
021
64
69
2
077
39 -
012
89
52
NS
0014
961
NS
763
763
1400
1
80
50
10
04
80
NS
40
20
200
NS
NS
400
56
68
2
Notes NS =no standard ug1 =microgramgt per litre
Each of the compounds remaining was then evaluated on a case-by-case basis
bull Cadmium is soluble and toxic and there was no reason to deviate from the effect-based standards
bull The APV value for chromium is based on a 2008 US Environmental Protection Agency value and assumes a water hardness of 70mgl This hardness value represents relatively soft water and although high for rainfall is acceptable Since this is based on the most recent work it can be used and the Regio11s value is acceptable
bull The copper value may be toxicologically justified but is likely impractical to comply with Copper use is widespread and the use of the Regions value may be reasonable as a value that can be enforced Assuming a 10 times dilution factor in the pipe and stream would lead to a justifiable value of 50ugll as a discharge limit middot
bull Lead is not soluble under normal conditions but will solubilize with a reduced pH Given that lead in sediment is toxic to benthic invertebrates and in the food chain and given the common use of lead we recommend an effects-based standard The toxicity value is well justified
bull Silver discharges have typically been restricted due to its use in the photographic industry (ie film developing) Silver is highly insoluble and therefore would be expected in the sediment of discharges rather than the liquid The use of the Regions value may be
middot acceptable in cases with significant sediment Based on the difficulty of explaining the
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nuances of this difference between dissolved and total silver and the current lack of use of silver it is recommended to leave this value from the Citys list of parameters
bull CCME indicates that PCBs should not be treated as water quality parameter as the PCBs would be found primarily in sediment In addition the use of PCBs is very limited due to its restriction in the 1980s and there is no reason to believe this is a significant source of contamination to the Citys sewers Based on these two factors PGL recommends that PCB be left off of the Citys list of compounds -
bull The phenolics value exceeds 5 times the PWQO but is well below the APV value for phenol Phenolics is a broad analysis of various compounds and does notmiddot indicate a specific compound Based on the lack of specificity in the analysis PGL does not recommend the use of this value in the Citys list of compounds middot
bull The phosphorus level found in the PWQO was set to avoid nuisance algae blooms and to limit excessive plant growth in water bodies Phosphorus is not considered toxic in itself The Regions limit assumes a dilution factor of 13 times and this is likely acceptable given that stormwatermiddot emissions occur over short periods and the PWQO limit of 30ugJ is for a longshyterm average
In summary PGL believes that standards more stringent than the Regions should be used for cadmium and lead based on effects-based values The effects based value for copper is toxicologically justified but likely routinely exceeded because of the widespread use of copper and its solubility In this case the use of the Regions standards is likely appropriate for ease of implementation Silver and PCBs are not being used widely and would be found in sediment primarily We recommend that no standards be put in place for these Phenolics are a case where the testing does not represent toxicity and therefore should not be used Phosphorus is another case that is not related directly to toxicity however does reflect a water bodys health The Regions value is appropriate in this case
It is understood that many of the Regions limits were set based on 4 times the method detection limit for the City -of Toronto or Regions lab The limits were set some timemiddot in the past and current commercial labs can readily meet the PWQO values PGL believes that the 4 times method detection limit rationale is not technically justifiable at this time middot
Although there are toxicity concerns with cadmium and lead the City may still elect to use the Regions values for ease of implementation These values are widely used by other municipalities as seen on Table 1 and the MOE has no i(nmediate concerns with the values (conversation with Ted Belayneh Group Leader Surface Water) It should be noted however that the values will likely be reduced in the future as the trend in environmental protection is generally to lower standards particularly for these parameters
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
PGL contacted various municipalities i~ the Durham Region (Pickering Ajax Whitby and Clarington) to discuss their sewer use bylaws Of these municipalities only Ajax has a valid sewer use bylaw Their current bylaw is from 1972 and is considered significantly out of date Pickering has a one-page bylaw from the 1960s that is not being used Of the four municipalities consulted only Ajax is in the process of updating its current bylaw middot
The Town of Ajaxs draft sewer use bylaw limits are shown in Table 1 along with the Regions values As can be seen the values generally mirror the current Regions alues There are also numerous compounds included in the Town of Ajaxs list of values that are not part of the Citys or
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa PageS PGL File 2599-0101
Regions bylaws Discussions indicate that these were added to reflect industrial processes present in the Town of Ajaxs local jurisdiction It is PGLs recommendation not to adopt this expanded list of contaminants to facilitate implementation The expanded list would be largely captured in the bylaw with the list of prohibited materials
The draft Town of Ajax bylaw is the only other bylaw reviewed that was for stormwater only The text includes various items not found in the City of Oshawas bylaw These items are noted below and were considered in our evaluation of recommended changes
bull Options for action on non-compliance other than a Notice of Violation Options include imposing requirements for a study on stormwater quality or quantity modification or the construction of stormwater facilities implementing pollution prevention techniques and others Owners have 1 0 days to initiate compliance with these requirements
bull The ability to provide a limited time compliance program The compliance program may include discharges exceeding limits and is intended as a bridge toward full compliance (Le installation of a treatment facility or other modifications)
bull An option to require industrial occupants who exceed limits fail to comply with a compliance program or hav~ had spills to conduct a study of effects or to develop a pollution prevention plan
bull Requirements to install and maintain oil grease and sand interceptors for any owners who may discharge oil or sediment respectively
bull Requirements for construction activities and outdoor storage bull Sections on confidentiality and enforcement
57 Other Municipal and Regional Bylaws
PGL reviewed a number of cgtther sewer use bylaws In the selection of bylaws to review PGL focussed on recent bylaws or regions that are considered leaders in the management of water The values restricting discharges to the storm sewer are noted on Table 1 as well as the various prohibitions All of these bylaws include both stormwater and sanitary discharges The information noted below was used in our evaluation of recommended changes to the City of Oshawas bylaw
The bylaws reviewed consisted of sewer use bylaws from
bull Regional Municipality of York 2010 Draft bull City ofKingston 2008 bull City of Ottawa 2003 bull City of Toronto 2009 bull Regional Municipality of Waterloo 1992 bull City of London 2010 and bull Regional Municipality of Niagara 2008
With regards to the limits imposed on stormwater discharges the other cities and regions are relatively similar and consistent with the Region of Durham The middotCity of Waterloo is somewhat of an outlier and often has standards for stormwater discharges that are more stringent than other
- areas The Citys values are higher or lower than other areas with little consistency The Region of Durham Region of York and City of Toronto have values that are very similar with the only differences being that the Region has a higher limit than the City of Toronto for manganese The
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City of Toronto also has numerous organic compounds that are not included the Regions list of compounds
With regards to the text of the bylaw there are numerous differences between the various cities and regions The great majority of the bylaws have sections relating to definitions discharge requirements a prohibition of dilution agreements for discharges sampling and analytical requirements amiddot compliance program maintenance access points and requirements for interceptors The prohibition of dilution restricts people from diluting a waste to meet the bylaw requirements The compliance programs allow an industry to discharge waste out of compliance while it is taking steps to meet compliance middot
One area where various regions differ significantly is on the requirements made of industries The City of Toronto for example required Pollution Prevention Plans from almost all industries with an initial deadline of 2002 Other regions (ie York and Durham) have the ability to request Pollution Prevention Plans Waterloo and Kingston require waste survey reports while York Durham and Ottawa have the option to request them The only region or city with an option tQ prepare a Best Management Plan is Waterloo
Another area where there are significant differences is in the actions allowed if there are discharges over the limits prescribed In almost all cases a compliance plan is permitted to close the gap to compliance In Waterloos case the implementation of a Best Management Plan will allow for discharges Qutside of the prescribed limits In Yorks case a Pollution Prevention Plan may be required Kingston has no option other than compliance
Several but not all of the bylaws reviewed include language regarding the responsibilities for samplirig and monitoring York Niagara Toronto and Ottawa all indicate that sampling required
by the city or region is to be paid for by the owner
58 Best Management Practices
There are numerous best management practices (BMPs) that can be implemented to control the flow and quality of stormwater discharges Adopting a workable and up-to-date sewer use bylaw middotis one of the things that can be done to improve the environment and in this report PGL has several recommendations for how this can be done Other best management options include
bull Enforcement of sewer use bylaw bull Education of industries and the public This can be done through information sessions
developing materials for education or by labelling high risk catch pasins that discharge to surface water and fish habitat middot
bull Incorporating environmentally sound practices in the design and approval of stormwater management plans prepared by existing industries andor new developments These Low Impact Development features could include middot gt Volume Reduction - reduce and mitigate the total runoff volume caused by increased
urban development and subsequent increasing impervious areas and maximize the amount of runoff returned to shallow groundwater via recharge BMPs for volume reduction and maximizing recharge include ground infiltration systems (ie permeable pipes and catch basins rock drains) pervious pavement designs restrictor plates biofiltration swales and long-term storage in constructed wetlands or ponds
gt Water Quality Improvements - mitigate water quality impacts to fish habitat by collecting and treating fir8t flush events ofmiddot smaller storms and more frequent runoff events from impervious areas BMPs for water quality include biofiltration swales and constructed wetlands Oil and grit separators are also a way to improve water quality as many of the
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Storm Sewer Use Bylaw Evaluation Apr112011 The Corporation of the City of Oshawa Page 10 PGL File 2599-0101
contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
PGL
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Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
IPGL
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In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
PGL
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added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
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Storm Sewer Use Bylaw Evaluation Aprll2011 The Corporation of the City of Oshawa Page 14 PGL File 25990101
639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Pag4PGL File 2599-0101
3 Model Sewer Use Bylaw Guidance Document Marbek Resource Consultants Ltd submitted to Canadian Council of Ministers of Environment February 2009
In an effort to promote the development of sewer use bylaws the Ontario Ministry of Environment (MOE) published a template bylaw in 1988 This template is the model used by the City of Oshawa for the development of its current bylaw Many of the quantitative water quality values used in the model bylaw are derived from the Provincial Water Quality Objectives (PWQO) and include a dilution factor of 15 to 5 times The standards include a note that the values and prohibitions are intended as trigger levels for further action Where a discharge exceeds a limit the municipality is to request the industry prepare andmiddot implement a Best Management Plan to address the stollT1water discharge The limits and prohibitions are also intended to apply to two cases only for runoff from an industrial process area and where material has been purposely added to the storm sewer as a method of disposal
The MOEs draft 1998 model sewer use bylaw was posted for comment but never finalized In middot this version the various prohibitions remain but the numerical limits are replaced with a statement that the discharge should notimpair the quality of the water in any well lake river pond spring stream reservoir or other water or watercoursemiddot The sections on sampling and analysis spills and offences and penalties also were reworded and a section added regarding discharger selfshymonitoring
The 2009 sewer use bylaw model applies only to sanitary and combined sewer works and does notapply to the Citysmiddot context The model bylaw does however have up-to-date definitions and clauses that may be of use for some of the Citys needs middot
In summary there is little useful guidance available from the provincial government on a bylaw middotmiddot template Recent bylaws from other jurisdictions are likely more useful Information regarding the
purpose of the limits and the dilution factor used in the derivation of the limits are used in the discussion below
54 Central Lake Ontario Conservation Authority
The CLOCAs mandate is to promote the conservation restoration development and management of natural resources in partnershipmiddot with local municipalities and the province Although the Citys bylaw will take priority over CLOCAs guidelines PGL reviewed CLOCAs information and talked to CLOCA about its objectives
middot CLOCAs stormwater requirements are found in Technical Guidelines for Stormwater Management Submissions CLOCA June 2007 revised March 2010 This document contains guidance regarding stormwater system design and CLOCA requirements Regarding water quality CLOCA uses guidance from the Ontario MOEs Stormwater Management Planning and Design Manual 2003 In this document there is a requirement that 70 to 80 of suspended solids be removed from a propertys stormwater discharge CLOCA provides other guidance
middot regarding infiltration erosion control and oil and grit separators Best management practicesmiddot discussed include reduced lot grading roof leaders discharging to areas of infiltration infiltration trenches grassed swales and pervious pipe and catch basin systems
CLOCA had two comments on the draft version of this report It shares the official policy of the Ontario Ministry of E11vironment and Fisheries and Oceans Canada with respect to applying dilution factors (ie it had concerns regarding the use of a dilution factor) CLOCA supports the implementation of options for action on non-compliance situations (ie pollution prevention plans or requirements for physical works)
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55 Effects Based Guidelines
PGL compared the sewer use bylaw standards to commonly accepted effects-based guidelines (ie values that indicate possible adverse effects to aquatic life) Documents reviewed include
bull Water Management Policies Guidelines and Provincial Water Quality Objectives (commonly called PWQO) Ontario Ministry of Environment and Energy July 1994 reprinted 1999
middot bull Canadian Environmental Quality Guidelines Canadian Council of Ministers of the Environment (CCME) 1999 and last updated 2007
bull Great Lakes Water Quality Agreement of 1978 (GLWaA) last amended 1987 and bull Rationale for the Development of Soil and Ground Water Standards for Use at Contaminated
Sites in Ontario MOE December 22 2009 From this document the Aquatic Protection Values (APVs) were used for comparison
From these 1guidelines the PWQO is the most commonly used document in Ontario The other documents were used as reference or to support discussions and recommendations below
The CCME PWQO GLWQA and APV values indicate habitats that are acceptable for aquatic life These are considered chronic effect limits Some mixing and dilution will take place in the pipe before discharge to surface water and further mixing and dilution will take place in a receiving water body Reliance on a dilution factor to achieve standards in the receiving water body (ie to accommodate for mixing) is officially discouraged by both the MOE and Fisheries and Oceans Canada Discussions with the Region and MOE however indicate that they understand mixing is available for rainfall discharges (ie the use of dilution in the stream can be used) As a result of this practice we have also incorporated a dilution factor into our discussion below
Table 1 (attached) shows our comparison to the various effect-based standards Based on the common use of the PWQO we used this as a preliminary evaluation of limits Table A below shows discharge limits from the City or Region that exceed PWQO values
As a secondary screen of effect-based values PGL
1 Assumed a dilution factor of 5 times The MOE template bylaw allowed for a dilution factor of 15 to 5 times based on the compound and 5 seems reasonable given the allowance for dilution in the stream
2 Compared discharge limits to 5 times PWQO
3 Compared discharge limits to 5 times GCME values as these are more up to date than PWQOs
4 Compared discharge limits to 5 times APVs as these are the most up to date and are the values currently accepted by the MOE and
5 Highlighted compounds that exceeded any of the three comparisons above (bold and underlined in Table A)
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Table A Bylaw Values Exceeding PWQO
cadmium (ug1) 1
chromium (ug1) 200
copper (ug1) 10
lead (ug1) 50
mercury (total- ug1) 1
nickel (total - ug1) 50
silver (ug1) NS
zinc (ug1) 50
cyanide (ug1) NS
e-coli (colonies100 ml) 200
PCBs (ug1) NS
phenolics (ug1) NS
phosphorus (total ~ ug1) NS
1 2-dichlorobenzene (ug1) NS
14-dichlorobenzene (ug1) NS
toluene (ug1) NS
sect 02 0017
80 89 89
50 1-5 2-4
120 5-25 1-7
04 02 003
80 25 25-150
120 01 01
40 30 30
20 5 5
200 100 NS
04 0001 NS
sect 1 4
400 30 NS
56 25 07
68 4 26
2 08 20
021
64
69
2
077
39 -
012
89
52
NS
0014
961
NS
763
763
1400
1
80
50
10
04
80
NS
40
20
200
NS
NS
400
56
68
2
Notes NS =no standard ug1 =microgramgt per litre
Each of the compounds remaining was then evaluated on a case-by-case basis
bull Cadmium is soluble and toxic and there was no reason to deviate from the effect-based standards
bull The APV value for chromium is based on a 2008 US Environmental Protection Agency value and assumes a water hardness of 70mgl This hardness value represents relatively soft water and although high for rainfall is acceptable Since this is based on the most recent work it can be used and the Regio11s value is acceptable
bull The copper value may be toxicologically justified but is likely impractical to comply with Copper use is widespread and the use of the Regions value may be reasonable as a value that can be enforced Assuming a 10 times dilution factor in the pipe and stream would lead to a justifiable value of 50ugll as a discharge limit middot
bull Lead is not soluble under normal conditions but will solubilize with a reduced pH Given that lead in sediment is toxic to benthic invertebrates and in the food chain and given the common use of lead we recommend an effects-based standard The toxicity value is well justified
bull Silver discharges have typically been restricted due to its use in the photographic industry (ie film developing) Silver is highly insoluble and therefore would be expected in the sediment of discharges rather than the liquid The use of the Regions value may be
middot acceptable in cases with significant sediment Based on the difficulty of explaining the
) PGL
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nuances of this difference between dissolved and total silver and the current lack of use of silver it is recommended to leave this value from the Citys list of parameters
bull CCME indicates that PCBs should not be treated as water quality parameter as the PCBs would be found primarily in sediment In addition the use of PCBs is very limited due to its restriction in the 1980s and there is no reason to believe this is a significant source of contamination to the Citys sewers Based on these two factors PGL recommends that PCB be left off of the Citys list of compounds -
bull The phenolics value exceeds 5 times the PWQO but is well below the APV value for phenol Phenolics is a broad analysis of various compounds and does notmiddot indicate a specific compound Based on the lack of specificity in the analysis PGL does not recommend the use of this value in the Citys list of compounds middot
bull The phosphorus level found in the PWQO was set to avoid nuisance algae blooms and to limit excessive plant growth in water bodies Phosphorus is not considered toxic in itself The Regions limit assumes a dilution factor of 13 times and this is likely acceptable given that stormwatermiddot emissions occur over short periods and the PWQO limit of 30ugJ is for a longshyterm average
In summary PGL believes that standards more stringent than the Regions should be used for cadmium and lead based on effects-based values The effects based value for copper is toxicologically justified but likely routinely exceeded because of the widespread use of copper and its solubility In this case the use of the Regions standards is likely appropriate for ease of implementation Silver and PCBs are not being used widely and would be found in sediment primarily We recommend that no standards be put in place for these Phenolics are a case where the testing does not represent toxicity and therefore should not be used Phosphorus is another case that is not related directly to toxicity however does reflect a water bodys health The Regions value is appropriate in this case
It is understood that many of the Regions limits were set based on 4 times the method detection limit for the City -of Toronto or Regions lab The limits were set some timemiddot in the past and current commercial labs can readily meet the PWQO values PGL believes that the 4 times method detection limit rationale is not technically justifiable at this time middot
Although there are toxicity concerns with cadmium and lead the City may still elect to use the Regions values for ease of implementation These values are widely used by other municipalities as seen on Table 1 and the MOE has no i(nmediate concerns with the values (conversation with Ted Belayneh Group Leader Surface Water) It should be noted however that the values will likely be reduced in the future as the trend in environmental protection is generally to lower standards particularly for these parameters
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
PGL contacted various municipalities i~ the Durham Region (Pickering Ajax Whitby and Clarington) to discuss their sewer use bylaws Of these municipalities only Ajax has a valid sewer use bylaw Their current bylaw is from 1972 and is considered significantly out of date Pickering has a one-page bylaw from the 1960s that is not being used Of the four municipalities consulted only Ajax is in the process of updating its current bylaw middot
The Town of Ajaxs draft sewer use bylaw limits are shown in Table 1 along with the Regions values As can be seen the values generally mirror the current Regions alues There are also numerous compounds included in the Town of Ajaxs list of values that are not part of the Citys or
IJPGL
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Regions bylaws Discussions indicate that these were added to reflect industrial processes present in the Town of Ajaxs local jurisdiction It is PGLs recommendation not to adopt this expanded list of contaminants to facilitate implementation The expanded list would be largely captured in the bylaw with the list of prohibited materials
The draft Town of Ajax bylaw is the only other bylaw reviewed that was for stormwater only The text includes various items not found in the City of Oshawas bylaw These items are noted below and were considered in our evaluation of recommended changes
bull Options for action on non-compliance other than a Notice of Violation Options include imposing requirements for a study on stormwater quality or quantity modification or the construction of stormwater facilities implementing pollution prevention techniques and others Owners have 1 0 days to initiate compliance with these requirements
bull The ability to provide a limited time compliance program The compliance program may include discharges exceeding limits and is intended as a bridge toward full compliance (Le installation of a treatment facility or other modifications)
bull An option to require industrial occupants who exceed limits fail to comply with a compliance program or hav~ had spills to conduct a study of effects or to develop a pollution prevention plan
bull Requirements to install and maintain oil grease and sand interceptors for any owners who may discharge oil or sediment respectively
bull Requirements for construction activities and outdoor storage bull Sections on confidentiality and enforcement
57 Other Municipal and Regional Bylaws
PGL reviewed a number of cgtther sewer use bylaws In the selection of bylaws to review PGL focussed on recent bylaws or regions that are considered leaders in the management of water The values restricting discharges to the storm sewer are noted on Table 1 as well as the various prohibitions All of these bylaws include both stormwater and sanitary discharges The information noted below was used in our evaluation of recommended changes to the City of Oshawas bylaw
The bylaws reviewed consisted of sewer use bylaws from
bull Regional Municipality of York 2010 Draft bull City ofKingston 2008 bull City of Ottawa 2003 bull City of Toronto 2009 bull Regional Municipality of Waterloo 1992 bull City of London 2010 and bull Regional Municipality of Niagara 2008
With regards to the limits imposed on stormwater discharges the other cities and regions are relatively similar and consistent with the Region of Durham The middotCity of Waterloo is somewhat of an outlier and often has standards for stormwater discharges that are more stringent than other
- areas The Citys values are higher or lower than other areas with little consistency The Region of Durham Region of York and City of Toronto have values that are very similar with the only differences being that the Region has a higher limit than the City of Toronto for manganese The
PGL
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City of Toronto also has numerous organic compounds that are not included the Regions list of compounds
With regards to the text of the bylaw there are numerous differences between the various cities and regions The great majority of the bylaws have sections relating to definitions discharge requirements a prohibition of dilution agreements for discharges sampling and analytical requirements amiddot compliance program maintenance access points and requirements for interceptors The prohibition of dilution restricts people from diluting a waste to meet the bylaw requirements The compliance programs allow an industry to discharge waste out of compliance while it is taking steps to meet compliance middot
One area where various regions differ significantly is on the requirements made of industries The City of Toronto for example required Pollution Prevention Plans from almost all industries with an initial deadline of 2002 Other regions (ie York and Durham) have the ability to request Pollution Prevention Plans Waterloo and Kingston require waste survey reports while York Durham and Ottawa have the option to request them The only region or city with an option tQ prepare a Best Management Plan is Waterloo
Another area where there are significant differences is in the actions allowed if there are discharges over the limits prescribed In almost all cases a compliance plan is permitted to close the gap to compliance In Waterloos case the implementation of a Best Management Plan will allow for discharges Qutside of the prescribed limits In Yorks case a Pollution Prevention Plan may be required Kingston has no option other than compliance
Several but not all of the bylaws reviewed include language regarding the responsibilities for samplirig and monitoring York Niagara Toronto and Ottawa all indicate that sampling required
by the city or region is to be paid for by the owner
58 Best Management Practices
There are numerous best management practices (BMPs) that can be implemented to control the flow and quality of stormwater discharges Adopting a workable and up-to-date sewer use bylaw middotis one of the things that can be done to improve the environment and in this report PGL has several recommendations for how this can be done Other best management options include
bull Enforcement of sewer use bylaw bull Education of industries and the public This can be done through information sessions
developing materials for education or by labelling high risk catch pasins that discharge to surface water and fish habitat middot
bull Incorporating environmentally sound practices in the design and approval of stormwater management plans prepared by existing industries andor new developments These Low Impact Development features could include middot gt Volume Reduction - reduce and mitigate the total runoff volume caused by increased
urban development and subsequent increasing impervious areas and maximize the amount of runoff returned to shallow groundwater via recharge BMPs for volume reduction and maximizing recharge include ground infiltration systems (ie permeable pipes and catch basins rock drains) pervious pavement designs restrictor plates biofiltration swales and long-term storage in constructed wetlands or ponds
gt Water Quality Improvements - mitigate water quality impacts to fish habitat by collecting and treating fir8t flush events ofmiddot smaller storms and more frequent runoff events from impervious areas BMPs for water quality include biofiltration swales and constructed wetlands Oil and grit separators are also a way to improve water quality as many of the
PGL
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contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
PGL
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Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
IPGL
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In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
PGL
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added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
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639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa PageS PGL File 2599-0101
55 Effects Based Guidelines
PGL compared the sewer use bylaw standards to commonly accepted effects-based guidelines (ie values that indicate possible adverse effects to aquatic life) Documents reviewed include
bull Water Management Policies Guidelines and Provincial Water Quality Objectives (commonly called PWQO) Ontario Ministry of Environment and Energy July 1994 reprinted 1999
middot bull Canadian Environmental Quality Guidelines Canadian Council of Ministers of the Environment (CCME) 1999 and last updated 2007
bull Great Lakes Water Quality Agreement of 1978 (GLWaA) last amended 1987 and bull Rationale for the Development of Soil and Ground Water Standards for Use at Contaminated
Sites in Ontario MOE December 22 2009 From this document the Aquatic Protection Values (APVs) were used for comparison
From these 1guidelines the PWQO is the most commonly used document in Ontario The other documents were used as reference or to support discussions and recommendations below
The CCME PWQO GLWQA and APV values indicate habitats that are acceptable for aquatic life These are considered chronic effect limits Some mixing and dilution will take place in the pipe before discharge to surface water and further mixing and dilution will take place in a receiving water body Reliance on a dilution factor to achieve standards in the receiving water body (ie to accommodate for mixing) is officially discouraged by both the MOE and Fisheries and Oceans Canada Discussions with the Region and MOE however indicate that they understand mixing is available for rainfall discharges (ie the use of dilution in the stream can be used) As a result of this practice we have also incorporated a dilution factor into our discussion below
Table 1 (attached) shows our comparison to the various effect-based standards Based on the common use of the PWQO we used this as a preliminary evaluation of limits Table A below shows discharge limits from the City or Region that exceed PWQO values
As a secondary screen of effect-based values PGL
1 Assumed a dilution factor of 5 times The MOE template bylaw allowed for a dilution factor of 15 to 5 times based on the compound and 5 seems reasonable given the allowance for dilution in the stream
2 Compared discharge limits to 5 times PWQO
3 Compared discharge limits to 5 times GCME values as these are more up to date than PWQOs
4 Compared discharge limits to 5 times APVs as these are the most up to date and are the values currently accepted by the MOE and
5 Highlighted compounds that exceeded any of the three comparisons above (bold and underlined in Table A)
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Table A Bylaw Values Exceeding PWQO
cadmium (ug1) 1
chromium (ug1) 200
copper (ug1) 10
lead (ug1) 50
mercury (total- ug1) 1
nickel (total - ug1) 50
silver (ug1) NS
zinc (ug1) 50
cyanide (ug1) NS
e-coli (colonies100 ml) 200
PCBs (ug1) NS
phenolics (ug1) NS
phosphorus (total ~ ug1) NS
1 2-dichlorobenzene (ug1) NS
14-dichlorobenzene (ug1) NS
toluene (ug1) NS
sect 02 0017
80 89 89
50 1-5 2-4
120 5-25 1-7
04 02 003
80 25 25-150
120 01 01
40 30 30
20 5 5
200 100 NS
04 0001 NS
sect 1 4
400 30 NS
56 25 07
68 4 26
2 08 20
021
64
69
2
077
39 -
012
89
52
NS
0014
961
NS
763
763
1400
1
80
50
10
04
80
NS
40
20
200
NS
NS
400
56
68
2
Notes NS =no standard ug1 =microgramgt per litre
Each of the compounds remaining was then evaluated on a case-by-case basis
bull Cadmium is soluble and toxic and there was no reason to deviate from the effect-based standards
bull The APV value for chromium is based on a 2008 US Environmental Protection Agency value and assumes a water hardness of 70mgl This hardness value represents relatively soft water and although high for rainfall is acceptable Since this is based on the most recent work it can be used and the Regio11s value is acceptable
bull The copper value may be toxicologically justified but is likely impractical to comply with Copper use is widespread and the use of the Regions value may be reasonable as a value that can be enforced Assuming a 10 times dilution factor in the pipe and stream would lead to a justifiable value of 50ugll as a discharge limit middot
bull Lead is not soluble under normal conditions but will solubilize with a reduced pH Given that lead in sediment is toxic to benthic invertebrates and in the food chain and given the common use of lead we recommend an effects-based standard The toxicity value is well justified
bull Silver discharges have typically been restricted due to its use in the photographic industry (ie film developing) Silver is highly insoluble and therefore would be expected in the sediment of discharges rather than the liquid The use of the Regions value may be
middot acceptable in cases with significant sediment Based on the difficulty of explaining the
) PGL
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page7 PGL File 2599-0101
nuances of this difference between dissolved and total silver and the current lack of use of silver it is recommended to leave this value from the Citys list of parameters
bull CCME indicates that PCBs should not be treated as water quality parameter as the PCBs would be found primarily in sediment In addition the use of PCBs is very limited due to its restriction in the 1980s and there is no reason to believe this is a significant source of contamination to the Citys sewers Based on these two factors PGL recommends that PCB be left off of the Citys list of compounds -
bull The phenolics value exceeds 5 times the PWQO but is well below the APV value for phenol Phenolics is a broad analysis of various compounds and does notmiddot indicate a specific compound Based on the lack of specificity in the analysis PGL does not recommend the use of this value in the Citys list of compounds middot
bull The phosphorus level found in the PWQO was set to avoid nuisance algae blooms and to limit excessive plant growth in water bodies Phosphorus is not considered toxic in itself The Regions limit assumes a dilution factor of 13 times and this is likely acceptable given that stormwatermiddot emissions occur over short periods and the PWQO limit of 30ugJ is for a longshyterm average
In summary PGL believes that standards more stringent than the Regions should be used for cadmium and lead based on effects-based values The effects based value for copper is toxicologically justified but likely routinely exceeded because of the widespread use of copper and its solubility In this case the use of the Regions standards is likely appropriate for ease of implementation Silver and PCBs are not being used widely and would be found in sediment primarily We recommend that no standards be put in place for these Phenolics are a case where the testing does not represent toxicity and therefore should not be used Phosphorus is another case that is not related directly to toxicity however does reflect a water bodys health The Regions value is appropriate in this case
It is understood that many of the Regions limits were set based on 4 times the method detection limit for the City -of Toronto or Regions lab The limits were set some timemiddot in the past and current commercial labs can readily meet the PWQO values PGL believes that the 4 times method detection limit rationale is not technically justifiable at this time middot
Although there are toxicity concerns with cadmium and lead the City may still elect to use the Regions values for ease of implementation These values are widely used by other municipalities as seen on Table 1 and the MOE has no i(nmediate concerns with the values (conversation with Ted Belayneh Group Leader Surface Water) It should be noted however that the values will likely be reduced in the future as the trend in environmental protection is generally to lower standards particularly for these parameters
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
PGL contacted various municipalities i~ the Durham Region (Pickering Ajax Whitby and Clarington) to discuss their sewer use bylaws Of these municipalities only Ajax has a valid sewer use bylaw Their current bylaw is from 1972 and is considered significantly out of date Pickering has a one-page bylaw from the 1960s that is not being used Of the four municipalities consulted only Ajax is in the process of updating its current bylaw middot
The Town of Ajaxs draft sewer use bylaw limits are shown in Table 1 along with the Regions values As can be seen the values generally mirror the current Regions alues There are also numerous compounds included in the Town of Ajaxs list of values that are not part of the Citys or
IJPGL
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa PageS PGL File 2599-0101
Regions bylaws Discussions indicate that these were added to reflect industrial processes present in the Town of Ajaxs local jurisdiction It is PGLs recommendation not to adopt this expanded list of contaminants to facilitate implementation The expanded list would be largely captured in the bylaw with the list of prohibited materials
The draft Town of Ajax bylaw is the only other bylaw reviewed that was for stormwater only The text includes various items not found in the City of Oshawas bylaw These items are noted below and were considered in our evaluation of recommended changes
bull Options for action on non-compliance other than a Notice of Violation Options include imposing requirements for a study on stormwater quality or quantity modification or the construction of stormwater facilities implementing pollution prevention techniques and others Owners have 1 0 days to initiate compliance with these requirements
bull The ability to provide a limited time compliance program The compliance program may include discharges exceeding limits and is intended as a bridge toward full compliance (Le installation of a treatment facility or other modifications)
bull An option to require industrial occupants who exceed limits fail to comply with a compliance program or hav~ had spills to conduct a study of effects or to develop a pollution prevention plan
bull Requirements to install and maintain oil grease and sand interceptors for any owners who may discharge oil or sediment respectively
bull Requirements for construction activities and outdoor storage bull Sections on confidentiality and enforcement
57 Other Municipal and Regional Bylaws
PGL reviewed a number of cgtther sewer use bylaws In the selection of bylaws to review PGL focussed on recent bylaws or regions that are considered leaders in the management of water The values restricting discharges to the storm sewer are noted on Table 1 as well as the various prohibitions All of these bylaws include both stormwater and sanitary discharges The information noted below was used in our evaluation of recommended changes to the City of Oshawas bylaw
The bylaws reviewed consisted of sewer use bylaws from
bull Regional Municipality of York 2010 Draft bull City ofKingston 2008 bull City of Ottawa 2003 bull City of Toronto 2009 bull Regional Municipality of Waterloo 1992 bull City of London 2010 and bull Regional Municipality of Niagara 2008
With regards to the limits imposed on stormwater discharges the other cities and regions are relatively similar and consistent with the Region of Durham The middotCity of Waterloo is somewhat of an outlier and often has standards for stormwater discharges that are more stringent than other
- areas The Citys values are higher or lower than other areas with little consistency The Region of Durham Region of York and City of Toronto have values that are very similar with the only differences being that the Region has a higher limit than the City of Toronto for manganese The
PGL
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City of Toronto also has numerous organic compounds that are not included the Regions list of compounds
With regards to the text of the bylaw there are numerous differences between the various cities and regions The great majority of the bylaws have sections relating to definitions discharge requirements a prohibition of dilution agreements for discharges sampling and analytical requirements amiddot compliance program maintenance access points and requirements for interceptors The prohibition of dilution restricts people from diluting a waste to meet the bylaw requirements The compliance programs allow an industry to discharge waste out of compliance while it is taking steps to meet compliance middot
One area where various regions differ significantly is on the requirements made of industries The City of Toronto for example required Pollution Prevention Plans from almost all industries with an initial deadline of 2002 Other regions (ie York and Durham) have the ability to request Pollution Prevention Plans Waterloo and Kingston require waste survey reports while York Durham and Ottawa have the option to request them The only region or city with an option tQ prepare a Best Management Plan is Waterloo
Another area where there are significant differences is in the actions allowed if there are discharges over the limits prescribed In almost all cases a compliance plan is permitted to close the gap to compliance In Waterloos case the implementation of a Best Management Plan will allow for discharges Qutside of the prescribed limits In Yorks case a Pollution Prevention Plan may be required Kingston has no option other than compliance
Several but not all of the bylaws reviewed include language regarding the responsibilities for samplirig and monitoring York Niagara Toronto and Ottawa all indicate that sampling required
by the city or region is to be paid for by the owner
58 Best Management Practices
There are numerous best management practices (BMPs) that can be implemented to control the flow and quality of stormwater discharges Adopting a workable and up-to-date sewer use bylaw middotis one of the things that can be done to improve the environment and in this report PGL has several recommendations for how this can be done Other best management options include
bull Enforcement of sewer use bylaw bull Education of industries and the public This can be done through information sessions
developing materials for education or by labelling high risk catch pasins that discharge to surface water and fish habitat middot
bull Incorporating environmentally sound practices in the design and approval of stormwater management plans prepared by existing industries andor new developments These Low Impact Development features could include middot gt Volume Reduction - reduce and mitigate the total runoff volume caused by increased
urban development and subsequent increasing impervious areas and maximize the amount of runoff returned to shallow groundwater via recharge BMPs for volume reduction and maximizing recharge include ground infiltration systems (ie permeable pipes and catch basins rock drains) pervious pavement designs restrictor plates biofiltration swales and long-term storage in constructed wetlands or ponds
gt Water Quality Improvements - mitigate water quality impacts to fish habitat by collecting and treating fir8t flush events ofmiddot smaller storms and more frequent runoff events from impervious areas BMPs for water quality include biofiltration swales and constructed wetlands Oil and grit separators are also a way to improve water quality as many of the
PGL
Storm Sewer Use Bylaw Evaluation Apr112011 The Corporation of the City of Oshawa Page 10 PGL File 2599-0101
contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
PGL
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page 11 PGL File 2599-0101
Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
IPGL
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page12 PGL File 2599-0101
In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
PGL
lb
Storm Sewer Use Bylaw Evaluation Apri12011 The Corporation of the City of Oshawa Page 13 PGL File 2599-0101
added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
PGL
Storm Sewer Use Bylaw Evaluation Aprll2011 The Corporation of the City of Oshawa Page 14 PGL File 25990101
639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page6 PGL File 2599-0101
Table A Bylaw Values Exceeding PWQO
cadmium (ug1) 1
chromium (ug1) 200
copper (ug1) 10
lead (ug1) 50
mercury (total- ug1) 1
nickel (total - ug1) 50
silver (ug1) NS
zinc (ug1) 50
cyanide (ug1) NS
e-coli (colonies100 ml) 200
PCBs (ug1) NS
phenolics (ug1) NS
phosphorus (total ~ ug1) NS
1 2-dichlorobenzene (ug1) NS
14-dichlorobenzene (ug1) NS
toluene (ug1) NS
sect 02 0017
80 89 89
50 1-5 2-4
120 5-25 1-7
04 02 003
80 25 25-150
120 01 01
40 30 30
20 5 5
200 100 NS
04 0001 NS
sect 1 4
400 30 NS
56 25 07
68 4 26
2 08 20
021
64
69
2
077
39 -
012
89
52
NS
0014
961
NS
763
763
1400
1
80
50
10
04
80
NS
40
20
200
NS
NS
400
56
68
2
Notes NS =no standard ug1 =microgramgt per litre
Each of the compounds remaining was then evaluated on a case-by-case basis
bull Cadmium is soluble and toxic and there was no reason to deviate from the effect-based standards
bull The APV value for chromium is based on a 2008 US Environmental Protection Agency value and assumes a water hardness of 70mgl This hardness value represents relatively soft water and although high for rainfall is acceptable Since this is based on the most recent work it can be used and the Regio11s value is acceptable
bull The copper value may be toxicologically justified but is likely impractical to comply with Copper use is widespread and the use of the Regions value may be reasonable as a value that can be enforced Assuming a 10 times dilution factor in the pipe and stream would lead to a justifiable value of 50ugll as a discharge limit middot
bull Lead is not soluble under normal conditions but will solubilize with a reduced pH Given that lead in sediment is toxic to benthic invertebrates and in the food chain and given the common use of lead we recommend an effects-based standard The toxicity value is well justified
bull Silver discharges have typically been restricted due to its use in the photographic industry (ie film developing) Silver is highly insoluble and therefore would be expected in the sediment of discharges rather than the liquid The use of the Regions value may be
middot acceptable in cases with significant sediment Based on the difficulty of explaining the
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page7 PGL File 2599-0101
nuances of this difference between dissolved and total silver and the current lack of use of silver it is recommended to leave this value from the Citys list of parameters
bull CCME indicates that PCBs should not be treated as water quality parameter as the PCBs would be found primarily in sediment In addition the use of PCBs is very limited due to its restriction in the 1980s and there is no reason to believe this is a significant source of contamination to the Citys sewers Based on these two factors PGL recommends that PCB be left off of the Citys list of compounds -
bull The phenolics value exceeds 5 times the PWQO but is well below the APV value for phenol Phenolics is a broad analysis of various compounds and does notmiddot indicate a specific compound Based on the lack of specificity in the analysis PGL does not recommend the use of this value in the Citys list of compounds middot
bull The phosphorus level found in the PWQO was set to avoid nuisance algae blooms and to limit excessive plant growth in water bodies Phosphorus is not considered toxic in itself The Regions limit assumes a dilution factor of 13 times and this is likely acceptable given that stormwatermiddot emissions occur over short periods and the PWQO limit of 30ugJ is for a longshyterm average
In summary PGL believes that standards more stringent than the Regions should be used for cadmium and lead based on effects-based values The effects based value for copper is toxicologically justified but likely routinely exceeded because of the widespread use of copper and its solubility In this case the use of the Regions standards is likely appropriate for ease of implementation Silver and PCBs are not being used widely and would be found in sediment primarily We recommend that no standards be put in place for these Phenolics are a case where the testing does not represent toxicity and therefore should not be used Phosphorus is another case that is not related directly to toxicity however does reflect a water bodys health The Regions value is appropriate in this case
It is understood that many of the Regions limits were set based on 4 times the method detection limit for the City -of Toronto or Regions lab The limits were set some timemiddot in the past and current commercial labs can readily meet the PWQO values PGL believes that the 4 times method detection limit rationale is not technically justifiable at this time middot
Although there are toxicity concerns with cadmium and lead the City may still elect to use the Regions values for ease of implementation These values are widely used by other municipalities as seen on Table 1 and the MOE has no i(nmediate concerns with the values (conversation with Ted Belayneh Group Leader Surface Water) It should be noted however that the values will likely be reduced in the future as the trend in environmental protection is generally to lower standards particularly for these parameters
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
PGL contacted various municipalities i~ the Durham Region (Pickering Ajax Whitby and Clarington) to discuss their sewer use bylaws Of these municipalities only Ajax has a valid sewer use bylaw Their current bylaw is from 1972 and is considered significantly out of date Pickering has a one-page bylaw from the 1960s that is not being used Of the four municipalities consulted only Ajax is in the process of updating its current bylaw middot
The Town of Ajaxs draft sewer use bylaw limits are shown in Table 1 along with the Regions values As can be seen the values generally mirror the current Regions alues There are also numerous compounds included in the Town of Ajaxs list of values that are not part of the Citys or
IJPGL
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa PageS PGL File 2599-0101
Regions bylaws Discussions indicate that these were added to reflect industrial processes present in the Town of Ajaxs local jurisdiction It is PGLs recommendation not to adopt this expanded list of contaminants to facilitate implementation The expanded list would be largely captured in the bylaw with the list of prohibited materials
The draft Town of Ajax bylaw is the only other bylaw reviewed that was for stormwater only The text includes various items not found in the City of Oshawas bylaw These items are noted below and were considered in our evaluation of recommended changes
bull Options for action on non-compliance other than a Notice of Violation Options include imposing requirements for a study on stormwater quality or quantity modification or the construction of stormwater facilities implementing pollution prevention techniques and others Owners have 1 0 days to initiate compliance with these requirements
bull The ability to provide a limited time compliance program The compliance program may include discharges exceeding limits and is intended as a bridge toward full compliance (Le installation of a treatment facility or other modifications)
bull An option to require industrial occupants who exceed limits fail to comply with a compliance program or hav~ had spills to conduct a study of effects or to develop a pollution prevention plan
bull Requirements to install and maintain oil grease and sand interceptors for any owners who may discharge oil or sediment respectively
bull Requirements for construction activities and outdoor storage bull Sections on confidentiality and enforcement
57 Other Municipal and Regional Bylaws
PGL reviewed a number of cgtther sewer use bylaws In the selection of bylaws to review PGL focussed on recent bylaws or regions that are considered leaders in the management of water The values restricting discharges to the storm sewer are noted on Table 1 as well as the various prohibitions All of these bylaws include both stormwater and sanitary discharges The information noted below was used in our evaluation of recommended changes to the City of Oshawas bylaw
The bylaws reviewed consisted of sewer use bylaws from
bull Regional Municipality of York 2010 Draft bull City ofKingston 2008 bull City of Ottawa 2003 bull City of Toronto 2009 bull Regional Municipality of Waterloo 1992 bull City of London 2010 and bull Regional Municipality of Niagara 2008
With regards to the limits imposed on stormwater discharges the other cities and regions are relatively similar and consistent with the Region of Durham The middotCity of Waterloo is somewhat of an outlier and often has standards for stormwater discharges that are more stringent than other
- areas The Citys values are higher or lower than other areas with little consistency The Region of Durham Region of York and City of Toronto have values that are very similar with the only differences being that the Region has a higher limit than the City of Toronto for manganese The
PGL
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City of Toronto also has numerous organic compounds that are not included the Regions list of compounds
With regards to the text of the bylaw there are numerous differences between the various cities and regions The great majority of the bylaws have sections relating to definitions discharge requirements a prohibition of dilution agreements for discharges sampling and analytical requirements amiddot compliance program maintenance access points and requirements for interceptors The prohibition of dilution restricts people from diluting a waste to meet the bylaw requirements The compliance programs allow an industry to discharge waste out of compliance while it is taking steps to meet compliance middot
One area where various regions differ significantly is on the requirements made of industries The City of Toronto for example required Pollution Prevention Plans from almost all industries with an initial deadline of 2002 Other regions (ie York and Durham) have the ability to request Pollution Prevention Plans Waterloo and Kingston require waste survey reports while York Durham and Ottawa have the option to request them The only region or city with an option tQ prepare a Best Management Plan is Waterloo
Another area where there are significant differences is in the actions allowed if there are discharges over the limits prescribed In almost all cases a compliance plan is permitted to close the gap to compliance In Waterloos case the implementation of a Best Management Plan will allow for discharges Qutside of the prescribed limits In Yorks case a Pollution Prevention Plan may be required Kingston has no option other than compliance
Several but not all of the bylaws reviewed include language regarding the responsibilities for samplirig and monitoring York Niagara Toronto and Ottawa all indicate that sampling required
by the city or region is to be paid for by the owner
58 Best Management Practices
There are numerous best management practices (BMPs) that can be implemented to control the flow and quality of stormwater discharges Adopting a workable and up-to-date sewer use bylaw middotis one of the things that can be done to improve the environment and in this report PGL has several recommendations for how this can be done Other best management options include
bull Enforcement of sewer use bylaw bull Education of industries and the public This can be done through information sessions
developing materials for education or by labelling high risk catch pasins that discharge to surface water and fish habitat middot
bull Incorporating environmentally sound practices in the design and approval of stormwater management plans prepared by existing industries andor new developments These Low Impact Development features could include middot gt Volume Reduction - reduce and mitigate the total runoff volume caused by increased
urban development and subsequent increasing impervious areas and maximize the amount of runoff returned to shallow groundwater via recharge BMPs for volume reduction and maximizing recharge include ground infiltration systems (ie permeable pipes and catch basins rock drains) pervious pavement designs restrictor plates biofiltration swales and long-term storage in constructed wetlands or ponds
gt Water Quality Improvements - mitigate water quality impacts to fish habitat by collecting and treating fir8t flush events ofmiddot smaller storms and more frequent runoff events from impervious areas BMPs for water quality include biofiltration swales and constructed wetlands Oil and grit separators are also a way to improve water quality as many of the
PGL
Storm Sewer Use Bylaw Evaluation Apr112011 The Corporation of the City of Oshawa Page 10 PGL File 2599-0101
contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
PGL
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page 11 PGL File 2599-0101
Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
IPGL
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page12 PGL File 2599-0101
In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
PGL
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Storm Sewer Use Bylaw Evaluation Apri12011 The Corporation of the City of Oshawa Page 13 PGL File 2599-0101
added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
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Storm Sewer Use Bylaw Evaluation Aprll2011 The Corporation of the City of Oshawa Page 14 PGL File 25990101
639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
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nuances of this difference between dissolved and total silver and the current lack of use of silver it is recommended to leave this value from the Citys list of parameters
bull CCME indicates that PCBs should not be treated as water quality parameter as the PCBs would be found primarily in sediment In addition the use of PCBs is very limited due to its restriction in the 1980s and there is no reason to believe this is a significant source of contamination to the Citys sewers Based on these two factors PGL recommends that PCB be left off of the Citys list of compounds -
bull The phenolics value exceeds 5 times the PWQO but is well below the APV value for phenol Phenolics is a broad analysis of various compounds and does notmiddot indicate a specific compound Based on the lack of specificity in the analysis PGL does not recommend the use of this value in the Citys list of compounds middot
bull The phosphorus level found in the PWQO was set to avoid nuisance algae blooms and to limit excessive plant growth in water bodies Phosphorus is not considered toxic in itself The Regions limit assumes a dilution factor of 13 times and this is likely acceptable given that stormwatermiddot emissions occur over short periods and the PWQO limit of 30ugJ is for a longshyterm average
In summary PGL believes that standards more stringent than the Regions should be used for cadmium and lead based on effects-based values The effects based value for copper is toxicologically justified but likely routinely exceeded because of the widespread use of copper and its solubility In this case the use of the Regions standards is likely appropriate for ease of implementation Silver and PCBs are not being used widely and would be found in sediment primarily We recommend that no standards be put in place for these Phenolics are a case where the testing does not represent toxicity and therefore should not be used Phosphorus is another case that is not related directly to toxicity however does reflect a water bodys health The Regions value is appropriate in this case
It is understood that many of the Regions limits were set based on 4 times the method detection limit for the City -of Toronto or Regions lab The limits were set some timemiddot in the past and current commercial labs can readily meet the PWQO values PGL believes that the 4 times method detection limit rationale is not technically justifiable at this time middot
Although there are toxicity concerns with cadmium and lead the City may still elect to use the Regions values for ease of implementation These values are widely used by other municipalities as seen on Table 1 and the MOE has no i(nmediate concerns with the values (conversation with Ted Belayneh Group Leader Surface Water) It should be noted however that the values will likely be reduced in the future as the trend in environmental protection is generally to lower standards particularly for these parameters
56 Evaluation of Sewer Use Bylaw for Municipalities within Durham Region
PGL contacted various municipalities i~ the Durham Region (Pickering Ajax Whitby and Clarington) to discuss their sewer use bylaws Of these municipalities only Ajax has a valid sewer use bylaw Their current bylaw is from 1972 and is considered significantly out of date Pickering has a one-page bylaw from the 1960s that is not being used Of the four municipalities consulted only Ajax is in the process of updating its current bylaw middot
The Town of Ajaxs draft sewer use bylaw limits are shown in Table 1 along with the Regions values As can be seen the values generally mirror the current Regions alues There are also numerous compounds included in the Town of Ajaxs list of values that are not part of the Citys or
IJPGL
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa PageS PGL File 2599-0101
Regions bylaws Discussions indicate that these were added to reflect industrial processes present in the Town of Ajaxs local jurisdiction It is PGLs recommendation not to adopt this expanded list of contaminants to facilitate implementation The expanded list would be largely captured in the bylaw with the list of prohibited materials
The draft Town of Ajax bylaw is the only other bylaw reviewed that was for stormwater only The text includes various items not found in the City of Oshawas bylaw These items are noted below and were considered in our evaluation of recommended changes
bull Options for action on non-compliance other than a Notice of Violation Options include imposing requirements for a study on stormwater quality or quantity modification or the construction of stormwater facilities implementing pollution prevention techniques and others Owners have 1 0 days to initiate compliance with these requirements
bull The ability to provide a limited time compliance program The compliance program may include discharges exceeding limits and is intended as a bridge toward full compliance (Le installation of a treatment facility or other modifications)
bull An option to require industrial occupants who exceed limits fail to comply with a compliance program or hav~ had spills to conduct a study of effects or to develop a pollution prevention plan
bull Requirements to install and maintain oil grease and sand interceptors for any owners who may discharge oil or sediment respectively
bull Requirements for construction activities and outdoor storage bull Sections on confidentiality and enforcement
57 Other Municipal and Regional Bylaws
PGL reviewed a number of cgtther sewer use bylaws In the selection of bylaws to review PGL focussed on recent bylaws or regions that are considered leaders in the management of water The values restricting discharges to the storm sewer are noted on Table 1 as well as the various prohibitions All of these bylaws include both stormwater and sanitary discharges The information noted below was used in our evaluation of recommended changes to the City of Oshawas bylaw
The bylaws reviewed consisted of sewer use bylaws from
bull Regional Municipality of York 2010 Draft bull City ofKingston 2008 bull City of Ottawa 2003 bull City of Toronto 2009 bull Regional Municipality of Waterloo 1992 bull City of London 2010 and bull Regional Municipality of Niagara 2008
With regards to the limits imposed on stormwater discharges the other cities and regions are relatively similar and consistent with the Region of Durham The middotCity of Waterloo is somewhat of an outlier and often has standards for stormwater discharges that are more stringent than other
- areas The Citys values are higher or lower than other areas with little consistency The Region of Durham Region of York and City of Toronto have values that are very similar with the only differences being that the Region has a higher limit than the City of Toronto for manganese The
PGL
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City of Toronto also has numerous organic compounds that are not included the Regions list of compounds
With regards to the text of the bylaw there are numerous differences between the various cities and regions The great majority of the bylaws have sections relating to definitions discharge requirements a prohibition of dilution agreements for discharges sampling and analytical requirements amiddot compliance program maintenance access points and requirements for interceptors The prohibition of dilution restricts people from diluting a waste to meet the bylaw requirements The compliance programs allow an industry to discharge waste out of compliance while it is taking steps to meet compliance middot
One area where various regions differ significantly is on the requirements made of industries The City of Toronto for example required Pollution Prevention Plans from almost all industries with an initial deadline of 2002 Other regions (ie York and Durham) have the ability to request Pollution Prevention Plans Waterloo and Kingston require waste survey reports while York Durham and Ottawa have the option to request them The only region or city with an option tQ prepare a Best Management Plan is Waterloo
Another area where there are significant differences is in the actions allowed if there are discharges over the limits prescribed In almost all cases a compliance plan is permitted to close the gap to compliance In Waterloos case the implementation of a Best Management Plan will allow for discharges Qutside of the prescribed limits In Yorks case a Pollution Prevention Plan may be required Kingston has no option other than compliance
Several but not all of the bylaws reviewed include language regarding the responsibilities for samplirig and monitoring York Niagara Toronto and Ottawa all indicate that sampling required
by the city or region is to be paid for by the owner
58 Best Management Practices
There are numerous best management practices (BMPs) that can be implemented to control the flow and quality of stormwater discharges Adopting a workable and up-to-date sewer use bylaw middotis one of the things that can be done to improve the environment and in this report PGL has several recommendations for how this can be done Other best management options include
bull Enforcement of sewer use bylaw bull Education of industries and the public This can be done through information sessions
developing materials for education or by labelling high risk catch pasins that discharge to surface water and fish habitat middot
bull Incorporating environmentally sound practices in the design and approval of stormwater management plans prepared by existing industries andor new developments These Low Impact Development features could include middot gt Volume Reduction - reduce and mitigate the total runoff volume caused by increased
urban development and subsequent increasing impervious areas and maximize the amount of runoff returned to shallow groundwater via recharge BMPs for volume reduction and maximizing recharge include ground infiltration systems (ie permeable pipes and catch basins rock drains) pervious pavement designs restrictor plates biofiltration swales and long-term storage in constructed wetlands or ponds
gt Water Quality Improvements - mitigate water quality impacts to fish habitat by collecting and treating fir8t flush events ofmiddot smaller storms and more frequent runoff events from impervious areas BMPs for water quality include biofiltration swales and constructed wetlands Oil and grit separators are also a way to improve water quality as many of the
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Storm Sewer Use Bylaw Evaluation Apr112011 The Corporation of the City of Oshawa Page 10 PGL File 2599-0101
contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
PGL
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Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
IPGL
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page12 PGL File 2599-0101
In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
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Storm Sewer Use Bylaw Evaluation Apri12011 The Corporation of the City of Oshawa Page 13 PGL File 2599-0101
added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
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Storm Sewer Use Bylaw Evaluation Aprll2011 The Corporation of the City of Oshawa Page 14 PGL File 25990101
639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa PageS PGL File 2599-0101
Regions bylaws Discussions indicate that these were added to reflect industrial processes present in the Town of Ajaxs local jurisdiction It is PGLs recommendation not to adopt this expanded list of contaminants to facilitate implementation The expanded list would be largely captured in the bylaw with the list of prohibited materials
The draft Town of Ajax bylaw is the only other bylaw reviewed that was for stormwater only The text includes various items not found in the City of Oshawas bylaw These items are noted below and were considered in our evaluation of recommended changes
bull Options for action on non-compliance other than a Notice of Violation Options include imposing requirements for a study on stormwater quality or quantity modification or the construction of stormwater facilities implementing pollution prevention techniques and others Owners have 1 0 days to initiate compliance with these requirements
bull The ability to provide a limited time compliance program The compliance program may include discharges exceeding limits and is intended as a bridge toward full compliance (Le installation of a treatment facility or other modifications)
bull An option to require industrial occupants who exceed limits fail to comply with a compliance program or hav~ had spills to conduct a study of effects or to develop a pollution prevention plan
bull Requirements to install and maintain oil grease and sand interceptors for any owners who may discharge oil or sediment respectively
bull Requirements for construction activities and outdoor storage bull Sections on confidentiality and enforcement
57 Other Municipal and Regional Bylaws
PGL reviewed a number of cgtther sewer use bylaws In the selection of bylaws to review PGL focussed on recent bylaws or regions that are considered leaders in the management of water The values restricting discharges to the storm sewer are noted on Table 1 as well as the various prohibitions All of these bylaws include both stormwater and sanitary discharges The information noted below was used in our evaluation of recommended changes to the City of Oshawas bylaw
The bylaws reviewed consisted of sewer use bylaws from
bull Regional Municipality of York 2010 Draft bull City ofKingston 2008 bull City of Ottawa 2003 bull City of Toronto 2009 bull Regional Municipality of Waterloo 1992 bull City of London 2010 and bull Regional Municipality of Niagara 2008
With regards to the limits imposed on stormwater discharges the other cities and regions are relatively similar and consistent with the Region of Durham The middotCity of Waterloo is somewhat of an outlier and often has standards for stormwater discharges that are more stringent than other
- areas The Citys values are higher or lower than other areas with little consistency The Region of Durham Region of York and City of Toronto have values that are very similar with the only differences being that the Region has a higher limit than the City of Toronto for manganese The
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page9 PGL File 2599-0101
City of Toronto also has numerous organic compounds that are not included the Regions list of compounds
With regards to the text of the bylaw there are numerous differences between the various cities and regions The great majority of the bylaws have sections relating to definitions discharge requirements a prohibition of dilution agreements for discharges sampling and analytical requirements amiddot compliance program maintenance access points and requirements for interceptors The prohibition of dilution restricts people from diluting a waste to meet the bylaw requirements The compliance programs allow an industry to discharge waste out of compliance while it is taking steps to meet compliance middot
One area where various regions differ significantly is on the requirements made of industries The City of Toronto for example required Pollution Prevention Plans from almost all industries with an initial deadline of 2002 Other regions (ie York and Durham) have the ability to request Pollution Prevention Plans Waterloo and Kingston require waste survey reports while York Durham and Ottawa have the option to request them The only region or city with an option tQ prepare a Best Management Plan is Waterloo
Another area where there are significant differences is in the actions allowed if there are discharges over the limits prescribed In almost all cases a compliance plan is permitted to close the gap to compliance In Waterloos case the implementation of a Best Management Plan will allow for discharges Qutside of the prescribed limits In Yorks case a Pollution Prevention Plan may be required Kingston has no option other than compliance
Several but not all of the bylaws reviewed include language regarding the responsibilities for samplirig and monitoring York Niagara Toronto and Ottawa all indicate that sampling required
by the city or region is to be paid for by the owner
58 Best Management Practices
There are numerous best management practices (BMPs) that can be implemented to control the flow and quality of stormwater discharges Adopting a workable and up-to-date sewer use bylaw middotis one of the things that can be done to improve the environment and in this report PGL has several recommendations for how this can be done Other best management options include
bull Enforcement of sewer use bylaw bull Education of industries and the public This can be done through information sessions
developing materials for education or by labelling high risk catch pasins that discharge to surface water and fish habitat middot
bull Incorporating environmentally sound practices in the design and approval of stormwater management plans prepared by existing industries andor new developments These Low Impact Development features could include middot gt Volume Reduction - reduce and mitigate the total runoff volume caused by increased
urban development and subsequent increasing impervious areas and maximize the amount of runoff returned to shallow groundwater via recharge BMPs for volume reduction and maximizing recharge include ground infiltration systems (ie permeable pipes and catch basins rock drains) pervious pavement designs restrictor plates biofiltration swales and long-term storage in constructed wetlands or ponds
gt Water Quality Improvements - mitigate water quality impacts to fish habitat by collecting and treating fir8t flush events ofmiddot smaller storms and more frequent runoff events from impervious areas BMPs for water quality include biofiltration swales and constructed wetlands Oil and grit separators are also a way to improve water quality as many of the
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Storm Sewer Use Bylaw Evaluation Apr112011 The Corporation of the City of Oshawa Page 10 PGL File 2599-0101
contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
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Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
IPGL
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page12 PGL File 2599-0101
In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
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added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
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639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
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Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page9 PGL File 2599-0101
City of Toronto also has numerous organic compounds that are not included the Regions list of compounds
With regards to the text of the bylaw there are numerous differences between the various cities and regions The great majority of the bylaws have sections relating to definitions discharge requirements a prohibition of dilution agreements for discharges sampling and analytical requirements amiddot compliance program maintenance access points and requirements for interceptors The prohibition of dilution restricts people from diluting a waste to meet the bylaw requirements The compliance programs allow an industry to discharge waste out of compliance while it is taking steps to meet compliance middot
One area where various regions differ significantly is on the requirements made of industries The City of Toronto for example required Pollution Prevention Plans from almost all industries with an initial deadline of 2002 Other regions (ie York and Durham) have the ability to request Pollution Prevention Plans Waterloo and Kingston require waste survey reports while York Durham and Ottawa have the option to request them The only region or city with an option tQ prepare a Best Management Plan is Waterloo
Another area where there are significant differences is in the actions allowed if there are discharges over the limits prescribed In almost all cases a compliance plan is permitted to close the gap to compliance In Waterloos case the implementation of a Best Management Plan will allow for discharges Qutside of the prescribed limits In Yorks case a Pollution Prevention Plan may be required Kingston has no option other than compliance
Several but not all of the bylaws reviewed include language regarding the responsibilities for samplirig and monitoring York Niagara Toronto and Ottawa all indicate that sampling required
by the city or region is to be paid for by the owner
58 Best Management Practices
There are numerous best management practices (BMPs) that can be implemented to control the flow and quality of stormwater discharges Adopting a workable and up-to-date sewer use bylaw middotis one of the things that can be done to improve the environment and in this report PGL has several recommendations for how this can be done Other best management options include
bull Enforcement of sewer use bylaw bull Education of industries and the public This can be done through information sessions
developing materials for education or by labelling high risk catch pasins that discharge to surface water and fish habitat middot
bull Incorporating environmentally sound practices in the design and approval of stormwater management plans prepared by existing industries andor new developments These Low Impact Development features could include middot gt Volume Reduction - reduce and mitigate the total runoff volume caused by increased
urban development and subsequent increasing impervious areas and maximize the amount of runoff returned to shallow groundwater via recharge BMPs for volume reduction and maximizing recharge include ground infiltration systems (ie permeable pipes and catch basins rock drains) pervious pavement designs restrictor plates biofiltration swales and long-term storage in constructed wetlands or ponds
gt Water Quality Improvements - mitigate water quality impacts to fish habitat by collecting and treating fir8t flush events ofmiddot smaller storms and more frequent runoff events from impervious areas BMPs for water quality include biofiltration swales and constructed wetlands Oil and grit separators are also a way to improve water quality as many of the
PGL
Storm Sewer Use Bylaw Evaluation Apr112011 The Corporation of the City of Oshawa Page 10 PGL File 2599-0101
contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
PGL
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Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
IPGL
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In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
PGL
lb
Storm Sewer Use Bylaw Evaluation Apri12011 The Corporation of the City of Oshawa Page 13 PGL File 2599-0101
added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
PGL
Storm Sewer Use Bylaw Evaluation Aprll2011 The Corporation of the City of Oshawa Page 14 PGL File 25990101
639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
Storm Sewer Use Bylaw Evaluation Apr112011 The Corporation of the City of Oshawa Page 10 PGL File 2599-0101
contaminants of c6ncem will be found in suspended sediments or as free phase liquids Following CLOCAs requirements for 70 to 80 suspended solids reduction will do much to improve water quality shy
gt Detention (Rate Control) - restrict the post-development peak runoff flow rate to that of the pre-development peak runoff flow rate BMPs to achieve this objective include constll[cted wetlands wet ponds or storage swales
bull Adopting a storm sewer maintenance and operations program that includes regular catch basin cleaning and street sweeping Inspections and repairs should also be conducted as required
bull c Requiring Pollutio_n Prevention Plans for industries or the preparation of a municipality-wide Pollution Prevention Plan
Novel approaches such as incentives for improvements or surcharges for flows beyond a specified limit could also be incorporated in the bylaw or approvals process but PGL is not aware of this occurring in other municipalities
60 DISCUSSION
The City of Oshawas sewer use bylaw contains many elements that are not in alignment with the Region of Durhams sewer use bylaw or with effect-based standards There are also several elements that make the bylaw ineffective or that can be improved The following discussion details our recommendations for changes to the current City bylaw
61 Values to Limit Discharges
PGL recommends various changes to the standards currently found in the bylaw To obtain the recommended values we consulted numerous other bylaws and guidance on effects of various compounds Our recommended values for limits are noted in Table B below These values are generally the same as the Regions with the exception of lead and cadmium
It should be noted that the standards apply primarily to discharges from industrial establishments some commercial establishments and where there is dumping conducted Although the limits are intended to be restricted to these uses it may be wise to leave this restriction out of the bylaw so that issues such as construction and retail are also included in the discharge limits It should be noted however that use of the standards on roads and parking lots will result in exceedences based on waste generated (ie primarily grit from cars) A statement to this effect can be placed in the bylaw but thiswas not found in other bylaws and is not considered necessary This fact should be made clear however during enforcement BMPs can still be used to minimize effects from roads and parking lots middot
For ease of implementation PGL recommendsect the list of parameters be as short as practical and include a statement about other applicable standards The list of parameters should include discharges from typicalindustries in the City As a wording for other applicable standards PGL suggests revising your Section 201 c) from result in a hazard to any Person animal property or vegetation to wording used by York Regions draft which states result in any hazard or other adverse effect to any person animal property or the natural environment bull We also recommend r~vising 201 e) to be broader than contravention of approvals Again York Regions draft states be or result in an offence under the Ontario Water Resources Act the Environmental Protection Act or the FisheriesAct
PGL also recommends that the Regions list of restricted and prohibited items be adopted
PGL
7o
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page 11 PGL File 2599-0101
Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
IPGL
71
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page12 PGL File 2599-0101
In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
PGL
lb
Storm Sewer Use Bylaw Evaluation Apri12011 The Corporation of the City of Oshawa Page 13 PGL File 2599-0101
added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
PGL
Storm Sewer Use Bylaw Evaluation Aprll2011 The Corporation of the City of Oshawa Page 14 PGL File 25990101
639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page 11 PGL File 2599-0101
Table B Recommended Values for Sewer Discharge Limits
15000suspended solids
20arsenic (total- ug1)
1cadmium (ug1)
chromium (ug1) 80
copper (ug1) 50 10lead (ug1)
150manganese (totai - ug1)
mercury (total- ug1) 04
80
selenium (total - ug1))
nickel (total- ug1)
20 120
40
15000 20cyanide (ug1)
(colonies 1100 m
phosphorus (total 0 ug1) 400 1000
11 22-tetrachloroethylene (ug1) 1
1 2-dichlorobenzene 56 1 4-dichlorobenzene (ug1) 68
benzene (ug1) 2
bis (2-ethylhexy) phthalate (ugll) 88
chloroform (ug1) 2
56 15 2
cis-1 2-dichloroethylene (ug1)
52
silver
zinc
methylene chloride
tetrachloroethylene (ug1) 44
2
56 8
xylenes (total - ug1)) 44
Notes C = degrees C-elsius ug1 = micrograms per litre
IPGL
71
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page12 PGL File 2599-0101
In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
PGL
lb
Storm Sewer Use Bylaw Evaluation Apri12011 The Corporation of the City of Oshawa Page 13 PGL File 2599-0101
added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
PGL
Storm Sewer Use Bylaw Evaluation Aprll2011 The Corporation of the City of Oshawa Page 14 PGL File 25990101
639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
Storm Sewer Use Bylaw Evaluation April2011 The Corporation of the City of Oshawa Page12 PGL File 2599-0101
In Table B the only two parameters that vary from the Regions bylaw limits are cadmium and lead For these compounds PGL recommends 5 times the effect-based limit which assumes some dilution is available The Regions limit for these are Sug1 for cadmium and 120ugl for lead For ease of implementation the City may still chose to adopt ttle Regions values
62 Actions Taken When Non-compliance Occurs
The current City bylaw contains no flexibility related to exceedences of bylaw limits or prohibited discharges The only option when this occurs is for a Notice of Violation and there is no guidance on what this Notice may require The bylaw (Section 502) implies that the only option is to fix the discharge so it is in compliance PGL recommends some flexibility be given for industries to costshyeffectively modify their systems or where no such option exists to work on an exemption basis As a minimum the bylaw should include an option to prepare a compliance plan to allow for reasonable implementation of improvements An example can be found in the Regions Part VIII
PGL also recommends that some flexibility be given to industries that cannot technically or costshyeffectively meet discharge limits The use and implementation of these options can be evaluated and approved on a case-by-case basis and can consider items such as frequency Cf discharges size of operations distance from outfall and severity of exceedences Options used by other regions and municipalities include studies Pollution Prevention Plans waste surveys andor Best Management Plans For ease of implementation PGL recommends you allow for studies and either Pollution Prevention Plans or Best Management Plans The use of waste surveys assists in understanding discharges but does little to reduce discharges
Pollution Prevention Plans and Best Management Plans are similar in that they both force improvements on industries Although there are technical differences in the two they are likely very similar in practice Example text for Pollution Prevention Plans can be found in the Regions bylaw (Part XI) and Ajaxs draft bylaw (Section 9) The only area regulating the use of Best Management Plans is Region of Waterloo (Section 7(4) and Schedule A)
Ajaxs draft bylaw also includes text forcing improvement or a study (Section 35) The study can be useful where discharge limits are overly stringent
63 Recommended Clauses or Sections for a Future Bylaw
There are a number of clauses or sections found in many other bylaws that PGL believes will be beneficial to the City These are noted below along with example texts that can be used
631 Definitions
There are several definitions that are out of date or do not relate to an updated list of prohibitions Where new definitions are required they are likely best taken from the 2009 Model Sewer Use Bylaw
632 Prohibition of Dilution
All other regions or municipalities have clauses that prohibit dilution and this is also recommended for the City The text from most municipalities is very similar and the Regions text indicates the following No person shall discharge or cause or permit the discharge of sewage into a sanitary sewer combined sewer storm sewer municipal or private sewer connection to any sanitary sewer combined sewer or storm sewer in circumstances where water has been
PGL
lb
Storm Sewer Use Bylaw Evaluation Apri12011 The Corporation of the City of Oshawa Page 13 PGL File 2599-0101
added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
PGL
Storm Sewer Use Bylaw Evaluation Aprll2011 The Corporation of the City of Oshawa Page 14 PGL File 25990101
639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
Storm Sewer Use Bylaw Evaluation Apri12011 The Corporation of the City of Oshawa Page 13 PGL File 2599-0101
added to the discharge for the purposes of dilution to achieve compliance with this bylaw This can be adapted to remove the references to sanitary sewers
633 Confidentiality
Most bylaws contain a statement regarding confidentiality and this seems prudent to clarify the flow of information Section 12 middotof York Regions draft bylaw may be used as an example text
634 Manholes
Most bylaws contain wording regarding the installation and maintenance of a maintenance access point or monitoring manhole These two items are similar (basically a manhole at or near the property line) but serve different purposes The maintenance access point is used to maintain the sewer line and the monitoring manhole is used for sampling effluent from a property It may be best to incorporate the requirement for both of these Ajaxs draft bylaw includes text regarding monitoring manholes (Section 10) and the Regions bylaw includes text for maintenance access holes (Section 42)
635 Interceptors
Oil grease and sand interceptors are an effective method to control free phase liquids and sediment Limiting these two components in sformwater will greatly reduce the risk of adverse effects to a water body Interceptors can be required during the approval process of a development however wording in the bylaw will assist with enforcement and maintenance Section 5 of the Town of Ajaxs draft bylaw provides example wording specific to a storm sewer Their wording is however focussed on sediment removal and wording to reflect oil and grease from garages or food processing may also be appropriate The Regions bylaw Part Ill provides more general wording and includes a reference to the Plumbing Code Section 14 of the Region of Yorks draft bylaw includes detailed wording for food-related oil and grease interceptors This is likely more detail than required but may provide assistance Finally Section 681-10 of the City of Torontos bylaw includes text for various types of interceptors
636 Sampling and Analysis
Many bylaws include text regarding sampling and analysis which clarifies that there are cases where a property owner is required to pay for sampling and analysis Currently the Citys bylaw only has the option for City-paid samples and given the Citys limited resources another option would be beneficial for enforcement The Region of Yorks draft bylaw (Section 95) includes text regarding this option middot
637 Authority to Investigate
A clause that is not found in many bylaws but recommended in the 2009 Model Sewer Use Bylaw (Section 13) is an authority to investigate This clause provides the City with the ability to enter a property to sample or conduct other investigations as required This clause should be confirmed with applicable provincial legislation middot
638 Construction Controlsmiddot middot
Construction is often a time when excess sediment is discharged to sewers and creeks Some sediment control actions are required as part of the permitting approval process It may be wise to add a section regarding this to the bylaw also to allow for effective enforcement This is not tjpically found in other bylaws but is found in Section 34 of Ajaxs diaft bylaw
PGL
Storm Sewer Use Bylaw Evaluation Aprll2011 The Corporation of the City of Oshawa Page 14 PGL File 25990101
639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
Storm Sewer Use Bylaw Evaluation Aprll2011 The Corporation of the City of Oshawa Page 14 PGL File 25990101
639 Foundation Drains
PGL understands that in newer developments there may be a separate foundation drain and storm sewer system We recommend that the bylaw include the foundation drain system also and this can be accommodated in the preamble of the bylaw
64 Best Management Practices
PGL recommends that the City impJement best management practices (BMPs to improve the quality and reduce the quantity of storm sewer di~charges Many of these practices can be put
into place during the approvals process and PGL has noted-various construction methods in Section 57 middot middot middot
Some BMPs that are typically part of sewer use bylaws include the need for oil and grit separators and the requirement for Pollution Prevention Plans or site-specific Best Management Plans
Other BMPs can be implemented by the City These include enforcement of the bylaw a mantenance program for the storm sewer system and education
70 STANDARD LIMITATIONS
PGL prepared this report for our client and its agents exclusively PGL accepts no responsibility for any damages that may be suffered by third parties as a result of decisions or actions based on this report
The findings and conclusions are site-specific and were developed in a manner consistent with that level of care and skHI normally exercised by environmental professionals currently practising under similar conditions in the area Changing assessment techniques regulations and site conditions means that environmental reviews and their conclusions can quickly become dated so this report is for use now The report should not be used after that without PGL reviewapproval
The project has been conducted 3ccording to our instructions and work program Additional conditions and limitations on our liability are set forth in our contract No warranty expressed or implied is made
John DeWilde MEng PEng Senior Environmental Engineer
JDWIWOGstm P2500-259925990101rmiddot2599-01middot01middotApr11-FINALdoc
11PGL
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
Table
IVPGL
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
Table1 Comparison of Storrnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
0 i
Notes (1) Trtvalent chromium only (5) Hardness dependent (9) To not cause advarse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Alowed for City use NA Not appllcelbe (3) Standard eldsls fortotal phenols (7) pH dependent (11) Discharge pennllted wHh approval ugn Micrograms per ntre (4) ForpH of65to 90 (8) Reacllve chlorine species NS No standard mgn Mlllgrams per IHre
PoHinger Gaherty Environmental ConsuHents Ltd Aprll2011 JDW t-2599middot01middot01middotApr11xls
Table 1 Paget of3
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
Table 1 Comparison of Stormwater Discharge Limite
The Corporation of the City of Oshawa PGL File 2599-0101
c-I shy
Notes (1) Trtyalent chromium only (5) Hardness dependent (9) To not cause adVerse effects NO Non detect (2) Dependent on alkallnHy (6) Individual compounds noted (10) Allowed for CRy use NA Not appllcalbe (3) Standard exists for total phenolS (7) pH dependent ~ (11) Discharge ponnlllad wHh approval ugn Micrograms per fttre (4) For pH otesto eo (8) Reactive chlorine species NS No standard mgn Mlllgrams per litre
PotUnger Gaherty Environmental ConsuHants Ltd Apr112011 Table 1 JDW tmiddot2599-0101-Apr11xls Page2 ot3
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
Table1 Comparison of Storlnwater Discharge Limits
The Corporation of the City of Oshawa PGL File 25990101
c~
Notes (1) (2) (3) (4)
Trivalent chromium only Dependent on alkaOnlty Standard exists for total phenols For pH of 851o 90
(5) (8) (7) (8)
Hardness dependent Individual compoundamp noted pH dependent Reactive chlorine species
(9) (10) (11) NS
To not cause adverse effects Allowed for City use Dlscha111e permmed with approval No standard
NO NA ugn mon
Non detect Not appRcalbe Micrograms per ntre Mlflgrams per lire
Pottinger Gaheriy Environmental Consultants Ltd April2011 JDW t-2599-0101-Apr11xls
Table1 Page 3of3
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
DS-12-2 78 Attachment No 2
(as amended by By-law 10-2010)
By-Law 95-95 of The Corporation of the City of Oshawa
being a by-law to regulate the discharge of water and waste into the public storm sewer system and to repeal By-law 177-66 as amended
WHEREAS the Municipal Act provides that Councils of Municipalities may pass by-lawsmiddot to regulate prohibit and inspect the discharge of matter into land drainage works private branch drains and connections to any sewer sewer system or sewage works
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it advisable to exercise this authority
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
Part 100 Definitions and Interpretation
101 For the purposes of this by-law the following definitions and interpretations shall govern (a) The term acute hazardous waste chemical means a material which is identified
as such pursuant to regulations passed pursuant to the Environmental Protection Act
(b) The term biochemical oxygen demand means a five day carbonaceous oxygen demand (biochemical (CBObs) as determined by Method 507 pursuant to Standard Methods when an inhibiting chemical has been added to prevent ammonia oxidation middot
(c) The term blowdown means the discharge of recirculating noncontact cooling water for the purpose of discharging materials contained in the water the further buildup of which would cause concentrations in amounts exceeding limits established by best engineering practices
(d) The City is The Corporation of the City of Oshawa (e) The Commissioner is the Commissioner of the Citys Department of Public
Works Services or his or her delegate (f) A composite sample is a sample which is composed of a series of grab
samples taken at intervals during the sampling period middot (g) The Council is the elected council oftheCity (h) The term E Coli means Escherichia Coliforms which are a specific indicator of
fecal contamination (i) The term Fecal Coliforms means faeces or excrement from either human or
animal sources 0) The term fuels includes
(1) any ignitable liquid intended for use as a fuel with a flash point less than middot sixty-one degrees Centigrade as determined by qne of the methods
prescribed by the Regulations passed pursuant to the Environmental Protection Act and
(2) gasoline naphtha diesel fuel or fuel oil (k) A grab sample is an aliquot of the flow being sampled taken at one particular
time and place middot (I) The term hazardous industrial waste means a material which is identified as
such pursuant to regulations passed pursuant to the Environmental Protection Act
(m) The term hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(n) The term ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(o) The term industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential
(p) The term industrial process area means any industrial building property or land area which during manufacturing processing or storage into direct contact with
any raw material intermediatemiddot product finished product byproduct or waste product bull middot shyA bull
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
2
(q) The term matter includes any solid liquid or gas r) The term noncontact cooling water means water which is used tomiddot reduce
temperature for the purpose of cooling and which does not come into direct contact with any raw material intermediate product(other than heat) or finished product
(s) The term once through cooling water means noncontact cooling water that has been circulated once through the cooling device middot
(t) The term organic solvent means a homogenous mixture of two or more substances with the largest concentration being carbon-containing Compounds
(u) The terms owner or operator mean the owner or operator of any facility or activity subject to the provisions of this by-law
(v) The term pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(w) The term PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them middot
(x) The term PCB waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(y) The term Person means an middotindividual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(z) The term pesticides means one or more pesticides regulated under the Pesticides Act middot
(aa) The term pH means the logarithm to the base 1 0 of the reciprocal of the concentration of hydrogen ions in moles per litre of solution
(bb) The term radioactive materials means any material exhibiting the property of spontaneous disintegration of atomic nuclei usually with the emission of penetrating radiation or particles
(cc) The term reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(dd) The term severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to tile Environmental Protection Act
(ee) The term sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(ff) The term solvent extractable matter of animal or vegetable origin means grease and oil as determined by one of the Methods 503A 503B 503C or 5030 in Standard Methods
(gg) The term spill shall mean the discharge or deposit of firstly any substance wllich is described in Part 200 of this by-law as being prohibited from being discharged or secondly of either uncontaminated water or storm water in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer
(hh) The term Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(ii) The term stormwater means water from rainfall or other natural precipitation or from the rainfall or from the melting of snow or ice
(jj) The term storm sewer means a sewer for the collection and transmission of uncontaminated water storm water drainage from land or from a watercourse or any combination thereof
(kk) The term suspended solids means solid matter inmiddot or on a liquid which matter is removable by filtering and dried at one hundred three to one hundred five degrees Centigrade as determined by Method 209C in Standard Methods
(II) The term uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(mm) The term waste disposal site leachate means any liquid which has been generated from or percolated through a waste disposal site
102 References to terms which appear in italics in this by-law are references to those terms as they are defined in clause 101
103 All references to provincial legislation included in this by-law are references to the RSO 1990 version and are deemed to include the legislation as amended from time to time including successor legislation bull
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
3
104 In the event that any particular provision or provisions or part of a provision is found to be invalid or unenforceable for any reason whatsoever then the particular provision or provisions or part of a provision shall be deemed to be severed from the remainder of this by-law and all other provisions shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law
Part 200 Offences Relating to Discharges
201 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer matter of any type or at any temperature or in any quantity which may (a) interfere with the proper operation of a storm sewer (b) obstruct a storm sewer or the flow therein (c) result in a hazard to any Person animal property or vegetation (d) impair the quality of the water in any well lake river pond spring stream
reservoir or other water or watercourse or (e) result in the contravention of an approval requirement direction or other order
issued pursuant to the Ontario Water Resources Act or the Environmental Protection Act with respect to the storm water or its discharge
202 It shall constitute an offence to discharge or to deposit or to cause or permit the discharge or deposit into or in land drainage works private branch drains or connections to any storm sewer middot (a) water at a temperature greater than forty degree$ Centigrade (b) water having a pH less than 60 or greater than 90 (c) water containing more than 15 milligrams per litre of suspended solids (d) water containing dyes or colouring material which discolour the water (e) water containing solvent extractable matter of animal or vegetable origin or of
mineral or synthetic origin which causes a visible film sheen or discolouration on the water surface
(f) water containing any of the following in excess of the indicated concentrations (1) Chromium (200 micrograms per litre) (2) Zinc (50 micrograms per litre) (3) Lead (50 micrograms per litre) (4) Nickel (50 micrograms per litre) (5) Copper (10 microgramsper litre) (6) Cadmium (1 microgram per litre) (7) Mercury (1 microgram per litre) or (8) E Coli (200 colonies per 100 millilitres)
(g) water containing any one or more of the following (1) sewage (2) once through cooling water or (3) blowdown andor
(h) water containing any one or more of the following (1) fuels (2) organic solvents (3) PCBs (4) pesticides (5) severely toxic materials (6) waste disposal site leachate (7) radioactive materials (8) acute hazardous waste chemicals (9) hazardous industrial wastes (1 0) hazardous waste chemicals (11) ignitable wastes (12) pathological wastes (13) PCB wastes or (14) reactive wastes
Bi
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
4
203 Notwithstanding clause 202(g) the discharge of once through cooling water or blowdown is permitted when (a) middot the once through cooling water or blowdown is being discharged pursuant to a
certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge
(b) the owner or operator of the premises has written approval from the City which expressly authorizes the discharge from the premises and
(c) a copy of the certificate- of approval or order referred to in clause (a) has been provided to the City
204 The provisions of paragraph 202 apply only to firstly the discharge of stormwater runofffrom industrial process areas to a storm sewer and secondly to any stormwater discharge to a storm sewer to which any matter prohibited by paragraph 201 has been added for the purpose of disposing of the matter
205 Clauses 202 (c) 202 (d) 202 (e) or 202 (f) do not apply when the owner or operator of the premises has a certificate of approval or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge and a copy of the certificate of approval or order has been provided to the City
Part 300 Sampling and Analysis
301 Where a sample is required for the purpose of determining the characteristics or contents of any water uncontaminated water or storm water to which reference is made in this by-law this part applies
302 The sample may be a grab sample or a composite sample It may contain additives for its preservation and may be collected manually or by using an automatic sampling device
303 Except as otherwise specifically provided in this by-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods
304 When an analysis is conducted for any one or more of the metals cadmium chromium copper mercury nickel or zinc whose concentration is limited in paragraph 202(1) the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulate
Part 400 Spills
401 Every Person who makes causes or permits a spill shall forthwith notify the City and the agency responsible for the management of the land drainage works or storm sewer
402 Notification required in clause 401 shall contain the following information (a) the address and location of the spill (b) the name of the Person who made ca11sed or permitted the spill (c) the name of the Person reporting the spill and the telephone number where that
Person can be reached (d) the time of the spill if known (e) the type and volume of material discharged and any associated hazards and (f) corrective actions being taken to control the spill
403 Within five (5) days following a spill the Person who made caused or permitted the spill shall submit to the Commissioner and to any agency responsible for the management of the land drainage works or storm sewer involved a detailed written report detailing the information provided pursuant to clause 402
404 It shall constitute an offence for a Person required to notify the City pursuant to clause 401 to fail to do so
Part 500 Offences and Penalties
501 Any person who commits an offence pursuant to this by-law or contravenes any provision or requirement of this by-law may be issued a Notice of Violation by the Commissioner advising of the contravention However nothing in this clause shall be deemed to make such notice mandatory
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
5
502 It shall constitute an offence for any Person to fail to comply with any Notice of Violation or other requirement of this by-law or to contravene any provision or requirement of this by-law Without limiting the foregoing it shall constitute an offence for any Person to fail to repair or maintain a specific part of the works as requested by the Citv in the time allowed for completion or to fail to complete emergency repairs or clean-up as directed by the Citv
q03 It shall constitute an offence for any Person to provide misleading or false information in an application under this by-law or in any s~atement or plan required to be produced under this by-law
504 Any Person found guilty of an offence pursuant to this by-law is subject to the penalties prescribed by Section 322 of the Municipal Act
505 An officer or director of a corporation who concurs in the actions of the corporation in committing an offence pursuant to this by-law is guilty of an offence and upon conviction is subject to the penalties prescribed by Section 322 of the Municipal Act
Part 600 Effective Date Repeal
601 City of Oshawa By-law Number 177-66 as amended is hereby repealed
602 This by-law shall come into force and effect upon its passing by Council
Part 700 Applicability of Regional By-law
Notwithstanding anything contained in Oshawa By-law 95-95 the lands and premises legally described as
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 Parts 7 amp 8 on Plan 40R24412 as in DR584511
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by Th~ Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010)
By-law read a first second and third time and finally passed this 20th day of November 1995
20100224
8c l
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
1~-21 of The Corporation of the City of Oshawa _
being a by-law to regulate the discharge of water and waste into and the connection to the municipal storm sewer system
WHEREAS the Municipal Act 2001 SO 2001 c 25 as amended permits municipalities to regulate with respect to the collection of stormwater and other drainage from land
AND WHEREAS the Ontario Water Resources Act RSO 1990 c 0 40 provides that every person that discharges or causes or permits the discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any well lake river pond spring stream reservoir artificial watercourse intermittent watercourse groundwater or other water or watercourse is guilty of an offence
AND WHEREAS the Council of The Corporation of Oshawa passed By-law 64-2008 on May 12 2008 being a by-law providing for powers of entry for the purpose of inspection
AND WHEREAS the Council of The Corporation of the City of Oshawa deems it necessary to regulate the discharge of matter into the municipal storm sewer system
NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows
1 SHORT TITLE
11 This By-law may be cited as the Storm Sewer Use By-law
2 INTERPRETATION
21 In this By-law
(a) 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 as may be amended from time to time established by the Standards Council of Canada or ISOIECEN 17025 General Requirements for Competence of Calibration and Testing Laboratories as may be amended from time to time established by the International Organization for Standardization
(b) acute hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act RSO 1990 c E19 (the Environmental Protection Acf)
(c) biochemical oxygen demand (BOD) means a five-day carbonaceous oxygen demand which is the det~rm)n~tipn of the molecular oxygen utilized during a
9lJ
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
five-day incubation period for the biochemical degradation middotof organic _material (carbonaceous demand) and the oxygen used to oxidize Inorganic materialmiddot such as sulphides and ferrous iron and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) as determined by the appropriate procedure in Standard Methods
(d) blowdown means the discharge of recirculating water 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 cqntained in the system the further build-up of which would or might impair the operation of the system
(e) catchbasin is a part of a storm drain or sewer system which is designed to trap debris so that it cannot enter the drainage pipes
(f) City is The Corporation of the City of Oshawa
(g) combustible liquid is a liquid that has a flash point not less than 378 degrees Celsius and not greater than 933 degrees Celsius
(h) Commissioner is the Commissioner of Development Services
(i) composite sample is a sample which is composed of a series of grab samples taken at intervals during the sampling period
0) Council is the elected council of the City
(k) E Coli means contamination
Escherichia Coliforms which are a specific indicator of fecal
middot(I) fecal coliforms sources
means faeces or excrement from either human or animal
(m)
foundation drain means any system that collects~ groundwater for the purpose of dewatering a building
(n) fuels includes alcohol gasoline naphtha diesel fuel ignitable substance intended for use as a fuel
fuel oil or any other
(o) grab sample is a volume of wastewater stormwater uncontaminated water or effluent which is collected over a period not exceeding fifteen (15) minutes
(p) hauled waste means any industrial waste which is transported for disposal
(q) hazardous industrial waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(r) hazardous waste chemical means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
(s) ignitable waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(t) industrial means of or pertaining to industry manufacturing commerce trade business or institutions as distinguished from the terms domestic or residential middot
(u) industrial process area means any industrial building property or land area which during manufacturing processing or storage comes into direct contact with any raw material intermediate product finished product byproduct or waste product
(v) industrial user means the Owner of industrial premises from which theJe is a discharge of any matter directly or indirectly into a storm sewer
(w) matter includes any solid liquid or gas
(x) maintenance holes means a shaft with a removable cover that leads down to a sewer or a drain
(y) noncontact cooling water means water which is used to reduce temperature for the purpose of cooling and which does not come into direct contact with ariy raw material intermediate product (other than heat) or finished product
middot (z) Officer means
(i) a Munidpal Law Enforcement Officer appointed by Council or by the Director Municipal Law Enforcement and Licensing Services to enforce a By-law or a direction or order of the City made under the Municipal Act 2001 SO 2005 c25 or made under a By-law and
(ii) a police officer employed by a municipal police force or by the Ontario Provincial Police
(aa) once through cooling water means noncontact cooling water that has been circulated once through the cooling device
(bb) organic solvent means a homogenous mixture of two (2) or more substances _ with the largest concentration being carbon-containing compounds
(cc) Owner includes the lessee occupier and operator of any premises
(dd) pathological waste means a material which is identified as such pursuant to regulations passed pursuant the Environmental Protection Act
(ee) PCB means any monochlorinated or polychlorinated biphenyl or any mixture of these or mixture that contains one or more of them
(ff) PCB waste means a material which is identified as such pursuant to regulations passed pur~umiddotant to4 t~~Environmental Protection Act
9i
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
(gg) Person means an individual association firm partnership corporation trust organization trustee or agent and the heirs executors or legal representatives of the person to whom the context can apply according to law
(hh) pesticides means one or more pesticides regulated under the Pesticides Act RSO 1990 c P 11 (the PesticidesAcf)
(ii) pH is a numerical measure of acidity or alkalinity
OD 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
(kk) reactive waste means a material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(II) severely toxic material means any material which is identified as such pursuant to regulations passed pursuant to the Environmental Protection Act
(mm) sewage means any liquid waste containing animal vegetable or mineral matter in solution or in suspension except uncontaminated water
(nn) spill shall mean the discharge or deposit of firstly any substance which is described in Section 2 of this By-law as being prohibited from being discharged or secondly of either uncontaminated water or stormwater in quantities outside the ordinary course of events into or in land drainage works private branch drains or connections to any storm sewer or foundation drain network
(oo) Standard Methods means a procedure set out in Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association American Water Works Association and Water Pollution Control Federation current at the date of testing or a procedure published by the Ontario Ministry of Environment and Energy as a standard method or the equivalent of a standard method
(pp) stormwater means water running off the surface of a drainage area during and immediately after a period of rain or snow melt
( qq) storm sewer means a sewer for the collection and transmission of uncontaminated water stormwater drainage from land or from a watercourse or any combination thereof
(rr) suspended solids means insoluble matter in liquid that is removable by filtration as determined by the appropriate procedure described in Standard Methods
(ss) uncontaminated water means water to which no matter has been added as a consequence of its use or to modify its use by any Person
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
(tt) waste disposal site leachate means any liquid which has been generated from or percolatedthrough a waste disposal site
(uu) watercourse means an open channel ditch or depression either natural or artificial in which flow of water occurs either continuously or intermittently
3 STORM SEWER REQUIREMENTS
301 No Person shall discharge or deposit or cause or permit the discharge or deposit of matter into land drainage works private branch drains foundation drain or connections to any storm sewer that
(a) damages a storm sewer (b) interferes with the proper operation of a storm sewer (c) obstructs a storm sewer or the flow therein
middot(d) results in any hazard or other adverse effect to any person animal property or the natural environment
(e) impairs the quality of the water in any well lake river pond spring stream reservoir or other water or watercourse or
(f) contravenes or results in a contravention under the Ontario Water Resources Act RSO 1990 c 040 (the Ontario Water Resources Acf) the Environmental Protection Act or the Fisheries Act RSC 1985 c F-14 (the Fisheries Acf)
302 No Person shall discharge or deposit or cause or permit the discharge or deposit into land drainage works private branch drains foundation drain or connections to any storm sewer material which contains
middot(a) acute hazardous waste chemicals (b) blowdown water (c) combustible liquids (d) floating debris (e) fuel
(f) hauled waste (g) hazardous industrial waste (h) hazardous waste chemicals (i) ignitable waste 0) pathological waste (k) PCBs (I) PCB waste (m) pesticides (n) reactive waste (o) severely toxic waste (p) sewage (q) waste radioactive prescribed substances (r) waste disposal site leachate middot (s) contact cooling water (t) a visible film sheen or discoloration (u) two or more separate layers or
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
(v) a concentration in Schedule A
excess of any one or more of the parameters stated in
303 Notwithstanding subsection 202 discharges are permitted where
(a)
(b)
(c)
the material is being discharged pursuant to an environmental compliance order (certificate of approval) or order relating to the premises under the Environmental Protection Act or the Ontario Water Resources Act which expressly allows the discharge a copy of the environmental compliance order (certificate of approval)or order referred to in clause (a) has been provided to the City and the Owner of the premises has written approval from the City which expressly authorizes the discharge from the premises
304 No Person shall discharge directly or indirectly or permit the discharge or deposit of matter into a storm sewer foundation drain or catchbasin where water has been added to the discharge for the purpose of dilution to achieve compliance with this Byshylaw
4 OIL GREASE AND SEDIMENT INTERCEPTORS
401 No Person shall fail to take all necessary measures to ensure that oil grease or sediment is prevented from directly or indirectly entering a storm sewer in excess of the limits in this By-law
402 No Person shall where oil grease and sediment interceptors and any other type of storm water quality control device are installed fail to maintain in good working order those oil grease and sediment interceptors and any other type of storm water quality control device
403 No Person shall fail to produce maintenance records for the preceding twenty-four (24) month period upon request of an Officer or the Commissioner in relation to oil grease and sediment interceptors and any other type of storm water quality control device
5 COMPLIANCE PROGRAM
501 An industrial user may submit to the Commissioner a proposed compliance program setting out activities to be undertaken by the industrial user that would result in the prevention or reduction and control of discharge or deposit of uncontaminated water ground water or storm water from the industrial users premises to eliminate the discharge of matter into to land drainage works private branch drains foundation drain or connections
502 The compliance program shall be prepared by a qualified person require the compliance program be prepared andor sealed by engineer
The City may a professional
503 The compliance program conditions or limitations
shall include but may not be limited to the following
J )
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
(a) the term of the compliance program shall be for a specified length of time during which time the discharger shall implement the corrective or remedial actions set out in the compliance program to eliminate non-compliance
(b) corrective or remedial actions to be implemented bythe discharger to prevent reduce or control a discharge shall be specific including the dates of commencement and completion of such actions and the materials or other characteristics of the subject to which it relates
(c) the final action completion date shall not be later than the final compliance date in the compliance program and
(d) a progress reporting requirement to the City within a specified period of time of the scheduled completion date of each action listed in the compliance program
504 The City may terminate the compliance program by written notice to the industrial user
(a) at any time and for any reason whatsoever regardless of the state of compliance with the compliance program or compliance program approval and the termination will be effective within thirty (30) calendar days of the written notice of termination
(b) at any time where in the opinion of the City there is an immediate threat or danger to any person animal property vegetation or where a discharge in accordance with the compliance program causes or may cause an adverse effect to the sewage works and the termination will be effective immediately upon receipt of the written notice of termination or
(c) at any time where in the opinion of the City the industrial user fails or neglects to implement or diligently pursue the actions required under the approved compliance program or fails to comply with the terms and conditions of an approval and the termination will be effective immediately upon receipt of the written notice of termination
6 SAMPLING AND ANALYSIS
601 Where samples are required in any number and at any time as determined in the Citys sole discretion for the purpose of determining the characteristics or contents of any water uncontaminated water or stormwater to which reference is made in this Byshylaw this section 5 applies
602 The samples may be grab samples or composite samples may contain additives for the purpose of preservation and may be collected manually or by using an automatic sampling device When sampling consideration should be given to plant operations the contaminants of concern the sampling methodology (ie grab composite type of compositeand sampling location
603 Except as otherwise specifically provided in this By-law all tests measurements analyses and examinations of water uncontaminated water and stormwater shall be carried out in accordance with Standard Methods and shall be performed by a laboratory accredited for analysis of the particular substance(s) using a method which is within the laboratorys scope of accreditation
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
604 When an analysis is conducted for metals the analysis shall be for the quantity of total metal which includes all metal both dissolved and particulat~
605 The City by written notice may require an Owner at the Owners expense to monitor sample andor analyze in accordance with the procedures and methods set out in Standard Methods and through an CiCCredited laboratory one or more discharges from a site and submit the results andor the samples to the City by the date set out in the notice
7 SPILLS
701 In the event of a spill to a storm sewer foundation drain or catchbasin no Person causing or permitting the spill or having the charge management and control of the spill shall fail to
(a) immediately notify Oshawa Fire Services and Service Oshawa and provide any information with regard to the spill that is requested and
(b) do everything reasonably possible to contain the spill protect the health and safety of residents minimize property damage and protect the environment
702 Where the City requests a detailed report no Person having caused or permitted the spill or having the charge management and control of the spill shall fail within five (5) days of the spill to provide a detailed report on the spill to the City containing the following information to the best of his or her knowledge
(a) location where the spill occurre~ (b) name and telephone number of the Person who reported the spill and the
location and time where that Person can be contacted (c) date and time of spill (d) material spilled (e) characteristics and composition of material spilled (f) volume of material spilled middot (g) duration of spill event (h) work completed and any work still in progress in the mitigation of the spill (i) preventive actions being taken to ensure a similar spill does not occur again
and 0) copies of applicable spill prevention and spill response plans
703 Nothing in this By-law relieves any Person from complyingmiddot with any notification or reporting pmiddotrovisions of
(a) other government agencies including federal provincial and regional agencies as required and appropriate for the material and circumstances of the spill or
(b) any other By-law of the City
704 No Person shall fail to clean up the spill and any associated residue and restore the affected area to its condition prior to the spill
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
705 Where any Person fails or neglects to carry out or pursue the activities required by this By-law the City may take such measures as it deems appropriate 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
706 The Owner and the Person who caused the spill shall be liable for all costs associated with the response to clean up and restoration of the area affected by the spill to its condition prior to the spill including any damage to the municipal storm sewer system as a result of the discharge or spill
707 The costs incurred by the City with respect to the response to clean up and restoration of a spill affected area may be recovered from the Owner of the land in the same manner as municipal taxes
8 POLLUTION PREVENTION PLANS
801 The City may require an industrial user to develop a pollution prevention plan for the discharge of any parameter designated by the City where the industrial user has
(a) (b)
(c)
failed to comply with the By-law failed to comply with a compliance program or the compliance program has failed to produce the expected results or been responsible for one or more spills to a storm sewer or a land drainage works
802 Pollution prevention plans shall comply with any guidelines established by the City
803 The pollution prevention plan shall be completed by the industrial user and available for review by the City at the site of the industrial user within eighteen (18) months of notification to the industrial user by the City
804 The pollution prevention plan shall be prepared by a qualified person The City may require the pollution prevention plan be approved and sealed by a Professional Engineer
805 The City may exempt an industrial user from developing a pollution prevention plan where the industrial user has in place an ISO 14001 Program which is currently registered by a third party auditor accredited by the Standard Council of Canada or the Registrar Accreditation Board and agrees to make available those records for inspection by the City
9 MONITORING MAINTENANCE HOLES
901 Any Owner of a commercial institutional or industrial premises or multi-residential buildings with one or more connections to the storm sewer works may be required to install and maintain in good repair in each connection a suitable monitoring maintenance hole to allow observation sampling and flow measurement of stormwater therein provided that where installation of a monitoring maintenance hole
0
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
is not possibl~ an alternate device or facility may be substituted with the prior written approval of the Commissioner
902 Any monitoring maintenance hole or alternate device shall be located 15 metres from the property line or street line on the Owners property and in accordance with City standards middot
903 No Person shall structurally modify any monitoring manhole or alternate device or install devices which may result in interfering with the Citysaccess or the installation and observation of the Citys devices used for the purpose of observation sampling and flow measurement of the storm water without prior consent of the Commissioner
10 CONFIDENTIAL INFORMATION
1001 All information submitted to and collected by the City under this By-law shall except as where otherwise providea in this section be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act 2001 SO 2001 c 25 (MFIPPA)
1002 In the event that any Person is submitting information in any form to the City as required under this By-law where such information is confidential or proprietary or otherwise may be exempt from disclosure under MFIPPA the Person submitting the information shall so identify that information upon its submission to the City and shall provid~ sufficient details as to the reason for its purported exemption from disclosure
11 ENFORCEMENT AND OFFENCES
1101 Each Person other than a corporation who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than $1000000 for a first offence and not more than $2500000 for any subsequent offence under this By-law
1102 Notwithstanding any other provision of this By-law a corporation upon conviction of this By-law is liable for a fine of not more than $5000000 for a first offence and not more than $10000000 for any_ subsequent offences
1103 Prosecution under this By-law shall not preclude any other legal actions required to recover damages required to repair replace or restore damaged real or personal property as the casemiddot may be
1104 Where an Officer or the Commissioner finds a contravention of this By-law an Officer or the Commissioner may make an order directing compliance with this By-law on such terms and conditions as he or she deems advisable under the circumstances
1105 An Officer or the Commissioner may order an Owner or any Person who contravenes this By-law
(a) to conduct a monitoring study of the stormwater quality andor quantity the nature of which to be specified by the City
oc
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
(b) to carry out modifications andor construction of stormwater management facilities
(c) to adopt and implement pollution prevention techniques and measures and (d) to satisfy any other requirement as deemed necessary by an Officer or the
Commissioner to prevent contravention of this By-law
1106 No Person shall
(a) fail to comply with an order issued by _an Officer or the Commissioner (b) enter any municipal storm sewer works without the written authorization of the
Commissioner (c) break damage destroy deface alter or tamper with any part of a municipal
storm sewer works or any device permanently or temporarily installed in a municipal storm sewer works for the purpose of measuring sampling and testing any matter
(d) obstruct an Officer or the provisions of this By-law (e) knowingly provide misleading or false information in any report statement or
plan provided or required under this By-law or under an order issued by an Officer or the Commissioner or withhold information required under this By-law
(f) connect to any City storm sewer without the express written permission of the Commissioner middot
12 CONFLICT
121 This by-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations
122 If there is a conflict between a provision of this By-law and a provision of any other City by-law the provision that establishes the higher standard to protect the health and safety of the public and to maintain clean and tidy condition on land shall apply
13 SEVERABILITY
131 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative in whole or in part or inoperative in certain circumstances the balance of the by-law or its application in other circumstances shall not be affected and shall continue to be in full force and effect
14 APPLICABILITY OF REGIONAL BY-LAW
141 Notwithstanding anything contained in this By-law the lands and premises legally described as middot
Part Lots 2 3 4 8 amp 9 Plan 121 Part Lots C-11 C-12 Sheet 6 amp Part Lot C-36 Sheet 8 PL 335 Part 1 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot C-36 Sheet 8 Plan 335 Part Lot C-12 Sheet 6 Plan 335 Part Lot C-11 Sheet 6 Plan 335 Part Lot 2 Plan 121 Part Lot 9 Plan 121 _Parts 7 amp 8 on Plan 40R24412 as in DR584511
1ou
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
Part Lots 5 amp 6 Plan 121 Part 2 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lots 5 amp 6 Plan 121 Part 6 on Plan 40R24412 as in DR584511 and
Part Lot 7 Plan 121 Part 3 on Plan 40R24481 Oshawa Regional Municipality of Durham together with easement over Part Lot 7 Plan 121 Part 5 on Plan 40R24412 as in DR584511 shall not be subject to the standards prescribed by this By-law and shall be subject to the standards prescribed by The Regional Municipality of Durhams By-law 43-2004 as from time to time amended (10-2010
15 EFFECTIVE DATE REPEAL
1501 By-law 95-95 as amended is hereby repealed
1502 This By-law is effective on the date of its passing
By-law passed this ____ day of ____ 2012
Mayor City Clerk
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy
SCHEDULE A
LIMitS FOR STORM SEWER DISCHARGE
temperat(Jre (max C) 40 pH max 9
pH min 6
suspended solids (ug1) 15000
arsenic (ug1) 20
cadmium (ug1) 1
chromium 80 copper (ug1) 50
lead (ug1) 10
m nese (ug1) 150
mercury (ug1) 04
nickel (ug1) 80 selenium (ug1)) 20
silver (ug1) 120
zinc (ug1) 40
BOD (ug1) 15000
cyanide (ug1) 20
e-coli (colonies 100 ml 200
hosphorus (total 0 ug1) 400 total kjeldahl nitrogen (ug1) 1000
11 22-tetrachloroethylene (ug1) 17
1 2-dichlorobenzene (ug1) 56 1 4-dichlorobenzene (ug1) 68
middotbenzene(ug1) 2
bis (2-ethylhexy) phthalate (ug1) 88 chloroform (ug1) 2
cis-1 2-dichloroethylene (ug1) 56 i-n-butyl phthalate (ug1) 15
ethylbenzene (ug1) 2
methylene chloride (ug1) 52
tetrachloroethylene ( ug1) 44
toluene (ug1) 2
trans-1 3-dichloropropylene (ug1) 56 trichloroethylene (ug1) 8
xylenes (total - ug1)) 44
1B2shy