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HomeMy WebLinkAbout73-6BY -LAW NO. -73 -6 OF THE CORPORATION OF THE A by -law regulating the use of public and private sewers and drains,private sewage disposal, the installation and connection of building sewers, and the discharge of waters and wastes into the public sewer system; and providing penalties for violations thereof; in the VILLAGE OF NEWCASTLE WHEREAS Section 62 of The Ontario Water Resources Act, being Chapter 332 of the Revised Statutes of Ontario, 1970, as amended, provides (inter- alia)that, subject to the approval of the Lieutenant Governor in Council, the Ministry of the Environment may make regulations regulating and controlling the construction, repair, re- newal or alteration of plumbing, the material to be used in the construction of, and the location of drains, pipes, traps and other works and appliances that form part of or are connected with the plumbing in any building or structure, and may require municipalities to carry out such inspections with respect to plumbing as may be prescribed; AND WHEREAS Ontario Regulation No. 647 made pursuant to thr said Section 62, requires every municipality to carry out such inspections as are prescribed by that Regulation; AND WHEREAS Section 64 of the said Act provides (inter - alia) and where a municipality undertakes, under the regulations made under Section 62 to inspect plumbing, the municipality may pass by -laws for charging fees for the inspections of plumbing and fixing the amount of such fees for requiring the production of plans; for charging fees for the inspection and approval of plans and fixing the amount of such fees, and for the issuing of permits, all as more particularly set out in the said Section 64; AND WHEREAS paragraph 71 of Section 354 of The Municipal Act being Chapter 284, Revised Statutes of Ontario, 1970, as amended, provides that by -laws may be passed by the Council of local municipalities for making any other regulations for sewage or drainage that may be deemed necessary for sanitary purposes; AND WHEREAS paragraph 75 of the said Section 354 provides that by -laws may be passed by the council of local municipalities for charging a fee for the inspection of plumbing, sewers, septic tanks, cesspools, water closets, earth closets, privies and privy vaults where, under this or any other Act, approval or a certificate of compliance or such inspection is required; AND WHEREAS the council of the municipal corporation of the VILLAGE OF NEWCASTLE deems it expedient and desirable to enact a by -law to regulate disposal of sewage and other wastes within the said Municipality. NOW THEREFORE, the municipal corporation of the VILLAGE OF NEWCASTLE ENACTS AS FOLLOWS: - 2 - 1. DEFINITIONS IN THIS BY -LAW SEWAGE WORKS, shall mean all facilities for collecting, pumping, treating and disposing of sewage. MUNICIPALITY shall mean the Corporation of the VILLAGE OF NEWCASTLE SUPERINTENDENT (Inspector), shall mean the Super- intendent (Inspector of sewage works of the VILLAGE OF NEWCASTLE as appointed by council from time to time. SEWAGE shall mean a combination of the water - carried wastes from residences, business buildings, institutions and industrial establishments. SEWER shall mean a pipe or conduit for carrying sewage. PUBLIC SEWER, shall mean that section of the sewer considered to be the main sewer and in which all owners of abutting properties have equal rights and is owned and controlled by the Ministry of the Environment. SANITARY SEWER, shall mean a sewer which 'carries sewage and to which storm, surface and ground waters are not intentionally admitted. BUILDING SEWER, shall mean that part of the drainage piping outside a building or structure, that connects a building drain to the lateral sewer and that commences at a point three feet from the outer face of the wall of the building or other structure and terminates at the property line. LATERAL SEWER, shall mean the extension from the building sewer to the public sewer or other place of disposal. PERSON, shall mean and include any individual firm, company, association, partnership, society, incorporated company, or group, and wherever the singular is used herein it shall also be construed as including the plural. SHALL is mandatory, MAY is permissive. CLERK shall mean the Clerk of the Corporation of the ,; 4 .< MINISTRY, shall mean the Ministry of the Environment. 2. JURISDICTION (a) The person or persons appointed by Council of the Municipality will inspect the installation of all building sewer connections from the build- ing to the street line, and further, will not per- mit any illegal connections to be made to the public sewer outlet, as set out in this by -law. - 3 - (b) After construction and installation of the building sewer from the building and the lateral sewer to the public sewer, the owner shall be responsible for the satisfactory operation, cleaning, repair- ing, replacement and maintenance of the connection from the lateral sewer to the building. (c) The provisions of this by -law with respect to construction of lateral sewers from public sewer to street line shall not apply for one year after certification of completion by the consulting engineers where the connections from the public sewer to the street line are made at the time the public sewers are constructed and installed on the road allow- ance. (d) The rules and regulations set out in this by- law shall govern and regulate the operation of any system of sewage works owned by the Municipality and shall be considered to form a part of the agreement between the Municipality and the owner or occupant of any building in the Municipality for provision of sewage service to such building and every such owner or occupant by applying for and receiving sewage service from the Municipality shall be deemed to have expressed his consent to be bound by the said rules and regulations. 3. APPLICATIONS FOR PERMITS No person shall make any connection into the Ministry's lateral sewer without first having obtained a permit from the Clerk and such permit shall be called "Lateral Sewer Connection Permit ", as follows:- (a) Application shall be made, in writing, to the Clerk on the form prescribed in quadruplicate, which application shall contain the name of the owner of the lot, the present state of construc- tion (if a new building), a plan in duplicate, of the lot showing the point at the street line at which the connection is to be made, the date for the proposed work to be done, the type of waste to be disposed from the sewer and the name of the contractor undertaking the work. (b) Upon receipt of a properly completed applica- tion from the owner, or his authorized representative, the Clerk shall issue a permit for the connection to be made by delivering a copy to the Superintendent or Inspector of Sewage Works. 4. PERMIT FEES The following fees are to be paid for a Lateral Sewer Connection permit at the time it is connected. - 4 - (a) The fee to be paid to the Municipality shall be ( 00) dollars and shall accompany the application for supply of sewage service to each premise as a fee for inspection of the newly- installed private building sewer and connection to the lateral sewer. 5. BUILDING SEWERS AND CONNECTIONS No connection shall be made to the Ministry's public_ sewer, except as follows:- (a) Each dwelling must have a separate build- ing sewer, except with the written approval of the Superintendent or Inspector of Sewage Works and further except where one building stands at the rear of another or an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (b) An inspection tee shall be installed in the building sewer at the street line. (c) All connections from the public sewer to the building shall be of the following materials: - i) From the street line to the building shall be vitrified clay pipe or asbestos - cement pipe of a 5 - inch minimum diameter sewage pipe, or as revised by Ontario Water Resources, Regulation 647. ii) All connections to be approved water- tight. (d) No connection shall be made to a Ministry's public sewer until a permit has been issued for a lateral sewer in accordance with this by -law and no said connection shall be made except by the approval of the Municipality and the Ministry of the Environment. (e) i) All work and material necessary for the connection of a lateral sewer, from the main sewer to the street line, shall be supplied and paid for by the owner where no such lateral sewer exists. All work and materials necessary for the said connection, from the main sewer to the street line, shall be paid for in advance of the installation by a lump sum charge as set out by the Municipality where the Municipality is requested by the owner to provide the necessary work and material for said connection. Upon payment, the owner shall, subject to the Ministry's approval, be entitled to such installation by the Superintendent or a person designated by him. - 5 - (ii) " All work and material necessary for the connection of the private building sewer from the street line internally, shall be supplied and paid for by the owner, and the owner shall indemnify the Municipality for any loss or damage that may occur in the said construction to any third person or to the Ministry's public sewer, water - main or storm sewer. (iii) The owner of any building may request the Superintendent to install the necessary private building sewer at the time the lateral sewer for the same building is being installed, and the Superintendent may, if he deems it expedient, install such private building sewer upon the owner prepaying to the Clerk the estimated cost of installation of such building sewer. (iv) In the event the actual cost of the installation of such private building sewer exceeds the amount prepaid to the Clerk, the person applying for such installation shall forthwith, after the completion of such installation pay to the Clerk the balance of such cost. (v) Nothing in this section shall relieve the owner from the obligation of maintain- ing such private building sewer in accord- ance with the provisions of this by -law. (vi) A clean -out shall be installed in the building drain as near as practical to the inner face of the wall through which the drain passes or other approved clean -out shall be provided. Every clean -out shall comply with Regulation 647 made under The Ontario Water Resources Act, R. S. O. 1970. (f) A direct connection shall be made to the public sewer in compliance with this by -law, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be cleaned, filled, removed or destroyed within a period of ten (10) days after the connection has been made to the public sewer system. (g) The building sewer from the building to the Ministry's lateral sewer shall be connected to the building at an elevation below the foundation footings where existing grade will permit. No building sewer shall be laid parallel to within three (3) feet of any bearing wall. The building sewer shall be laid at sufficient depth to afford protection from frost and at uniform grade and in straight alignment, wherever possible. (h) All excavations required for the installation of a building sewer shall be by open trench unless otherwise approved by the Super- intendent or Inspector. All pipe shall be installed according to Ministry's specifica- tions and no back fill shall be placed until the work has been inspected in compliance with Regulation 647. All connections and joints shall be gas-tight and water-tight and all joints in vitrified clay pipe or between such pipe and metals shall be made with approved joining materials. All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in aa manner , atistactor�,7- to the Municipality. (1) Only 45 degree elbows or bends shall be used in the building sewer where an elbow is required and in no event shall a 90-degree angle be permitted. -7_ 6. GENERAL (a) No person shall maliciously, willfully or negligently break, damage, destroy, deface or tamper with any structure, appurtenance or equipment which is a part of the Ministry's sewage system. (b) The Superintendent or Inspector and other duly authorized employees of the Municipality or the Ministry of the Environment bearing the proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing, in accord- ance with the provisions of this by -law. (c) Any person found guilty of an offence under the provisions of this by -law shall be guilty of an offence and subject to a penalty of an amount not exceeding three hundred ($300.00) dollars for each offence, exclusive of costs, to be recoverable under the provisions of the Summary Convictions Act. (d) If any building sewer or any connection to a lateral sewer or public sewer is made by an owner or his authorized representative, contrary to the provisions of this by -law, the owner shall repair such defective work or material within ten (10) days after receipt of a notice from the Engineer, Superintendent or Inspector requiring him to do so and, if the owner fails to repair such work, the Municipality may repair the work, including the right to enter upon the lands, and the cost of such repairs shall be added to the tax roll for the property and collected in the same manner as other municipal taxes. (e) Where an owner wishes to install his own plumbing, or lay his own sewer or drain, the word "owner" shall be substituted for the word "plumber" or "drainlayer" through- out this by -law, and all such work shall be in accordance with this by -law. 7. REGISTRATION In order to safeguard life, health and property, every person, firm or corporation engaged in or working at a business of plumbing or sewer or drain laying must submit evidence that he is qualified and shall provide proof that he is so certified by the Ministry of Labour. Any person who assumes responsible charge and direction of other persons in the installation of plumb- ing, drainage or sewers and who employs, whether for gain, or otherwise, a person not registered as provided herein to perform and install plumbing, drainage or sewers, shall be guilty of a contravention of this by -law and shall be subject to the penalties hereinafter imposed. f It is provided, however, that the provisions of this by -law pertaining to registering shall not apply to anyone who is employed as or acting as a mainten- ance man while working on the piping belonging to the person by whom he is employed, or to any employee of any public service, commission, or corporation while such employee is engaged in the business of the employer on the employer's premises. Provided, further, that the provisions of the by -law pertaining to registration shall not apply to an owner who may install plumbing on his own premises in which he is actually residing at the time, provided he abides by all rules and regulations pertaining to plumbing under Province of Ontario Regulation 647 written under The Ontario Water Resources Act, R. S. O. 1970, as amended, respecting plumbing. All applications for registration shall be made to the Superintendent or Inspector of Sewage Works. Registration shall not be accepted by the Clerk until the application for same has been approved by the Superintendent or Inspector of Sewage Works and the prescribed fees paid to the Clerk. 8. TIME FOR CONNECTIONS The owner of any houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the Municipality and abutting on any street, alley or right -of -way in which there is now located a public sanitary sewer of the Ministry of the Environment, is hereby required at his expense to install suitable toilet facilities there- in, and to connect such facilities directly with the lateral sewer in ac ,pordance with the provisions of this fiw w - clad by -law within ni-H-(_4 (9-) months of the date the public sewer is in operation, unless exempted in writing by the Engineer, Inspector or the Superintendent of Sewage Works. Reeve Ale�11 ........... Clerk