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Bylaw C12-18 - NEW Sewer Bylaw

Bylaw 1711 Sewer 

For easy viewing of this document please use this table of contents to quickly reach the sections.


A Bylaw regulating the use of public and private sewers and drains and the disposal of sewage and the discharge of storm sewers and waste into the Town of Fort Saskatchewan sewage system and to provide for the levying and collecting of a charge for the use of the public sewage works.
This Bylaw may be cited as The Sewers Bylaw.
WHEREAS the Town of Fort Saskatchewan has constructed and now maintains a sewage system consisting of storm and sanitary sewers and a sewage treatment plant; and
WHEREAS it is deemed just and property to levy a sewage service charge on all persons occupying property connected with the sewage system of the Town to assist with the cost of constructing and maintaining the system including the cost of treatment and disposal of sewage; and
WHEREAS the Council of the Town of Fort Saskatchewan considers it expedient to exercise its power under SECTION 193 of the Municipal Government Act to protect the public sewage works and storm sewers from improper use.
NOW, THEREFORE, the Municipal Council of the Town of Fort Saskatchewan duly assembled enacts as follows:
Unless the context specifically indicates otherwise the meaning of terms used in this Bylaw shall be as follows:
“B.O.D.” (Denoting “Biochemical Oxygen Demand”) – shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade, expressed in milligrams per liter or parts per million. The determination of the Biochemical Oxygen Demand shall be in accordance with procedures set forth in Standard Methods.

“Building Drain” – shall mean that part of the lowest horizontal piping of a drainage system in a building and to within 3 feet of the outer wall of the building that receives the discharge from a soil-pipe or waste pipe or other drainage pipe and conveys it to the building sewer.

“Building Sewer” – shall mean that part of a drainage system outside the building commencing at a point three feet from the outer face of the wall of the building and connecting the building drain to the public sewer or place of disposal of sewage.
“Town” – shall mean the Town of Fort Saskatchewan
“Combined Sewer” – shall mean a sewer receiving both sanitary and storm sewage.
“Garbage” – shall mean solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
“Health Officer” – shall mean the Medical Officer of Health fro the Leduc Strathcona 
Health Unit, or any person to whom he may delegate a particular duty.
“Industrial Wastes” – shall mean liquid wastes from an industrial, manufacturing or commercial establishment.
“Operations Superintendent” – shall mean Operations Superintendent of the Town of Fort Saskatchewan or his authorized deputy agent or representative.
“Body of Water” – shall mean a river, stream, brook, creek, water course, lake, pond, spring, lagoon, swamp, marsh, canal, or other flowing or standing water.
“Owner” – shall mean the registered owner of a property or the purchaser thereof who is entitled to occupy and use the property.
“Person” – shall mean any individual, firm, company, association, society, corporation or group owning or occupying any building or place or having the management of any building or place to which this bylaw applies and includes the owner.
“pH” – shall mean the logarithm (to the base 10) of the reciprocal of the hydrogen ion concentration in moles pr liter and denotes alkalinity or acidity.
“Properly Shredded Garbage” – shall mean the waste from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particles greater than one-half inch in any dimension.
“Sanitary Sewer” – shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
“Sewage”- shall mean a combination of the water carried wastes from residences, commercial or business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.
“Sewage Treatment Plant” – shall mean any arrangement of equipment and structures used for treating sewage.
“Sewage Works” – shall mean all facilities for collecting, pumping, treating and disposing of sewage.
“Sewer” - shall mean a pipe or conduit for carrying both sanitary and storm sewage.
“Storm Sewer or Drain” – shall mean a sewer designed or intended to carry storm water, ground water, unpolluted industrial and cooling water.
“Suspended Solids” – shall mean solids that either float on the surface of, or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
“Water Course” – shall mean a channel in which a flow of water occurs either continuously or intermittently.
“Parts Per Million” is abbreviated as p.p.m.
“Concentrated Sewage” – shall mean sewage having either a higher content of suspended solids or a higher five day Biochemical Oxygen Demand as determined by tests using Standard Methods than standard or normal sewage.
“Gallon” – shall mean Imperial Gallon.
“Grease” – shall mean fats, waxes, oils and any other non-volatile material determined in accordance with procedures contained in Standard Methods.
“Interceptor” – shall mean a receptacle that is installed to prevent oil, grease, sand or other materials from passing into a drainage system.
“Public Sewage Works” – shall mean any works for the collection, transmission, treatment and disposal of public sewage and includes a ditch, drain, sewer pipe or conduit used for the conveyance of sewage and includes sewage treatment plant.
“Private Sewage Works” – shall mean a privately owned plant for the treatment an disposal of sewage (such as septic tank with an absorption field or a holding tank).
“Standard Methods” – shall man the analytical and examination procedures set forth in the current edition of “Standard methods for the Examination of Water and Waste Water”, published jointly by the American public Health Association, the American Waterworks Association and the Water Pollution Control Federation.
“Standard or Normal Sewage” – shall mean sewage having a Biochemical Oxygen Demand content in parts per million in the sewage effluent of 300 parts per million or less and having a suspended solids content in parts per million I the sewage effluent of 300 parts per million or less and having a grease content in parts per million in the sewage effluent of 100 parts per million or less.
“Storm Water” – shall mean water that is discharged from a surface as a result of rainfall or snowfall.
Part II 
No personal shall place or deposit, or permit to be deposited in any manner that is unsanitary in the opinion of the Health officer upon public or private property within the Town of Fort Saskatchewan or in any area under he jurisdiction of the Town, any human or animal excrement, garbage or other objectionable waste.

No person shall discharge of any Body of Water within the Town or any area under the jurisdiction of the Town, any sanitary sewage, industrial waste or other polluted waters except where suitable pre-treatment has been approved in accordance with subsequent provisions of this bylaw.

The owner of every house, building or property used for human occupancy, employment, recreation or other purpose, situated within the Town and abutting on any street, lane or right-of-way in which there is now or hereafter located a public sanitary or combined sewer of the Town, shall at his own expense, install suitable toilet facilities therein and shall connect such facilities with the proper sewer in accordance with the provisions of the Town of Fort Saskatchewan Plumbing Bylaw within sixty (60) days of the Health Officer notifying him so to do.

No person shall, except as permitted by this bylaw of the Town of Fort Saskatchewan Plumbing bylaw or the regulation of the Provincial Board of Health, construct or maintain any privy, septic tank, cesspool or other facility intended or used for the disposal of sewage.
Part III 
Where a public sanitary sewer or combined sewer is not available, the owner of a building as described in Section 203, shall connect the building sewer to a private sewage disposal system which system shall comply with the provisions of this bylaw, the Town of Fort Saskatchewan Plumbing Bylaw and the regulations of the Provincial Board of Health.

At such time as a public sewer becomes available to a property served by a private sewage disposal system, the provisions of Section 203 shall then apply to the property and a direct connection shall be made to the public sewer and any septic tanks, cesspools, or similar private sewage disposal facilities shall be abandoned and filled with suitable material.

The owner shall at no expense to the Town, operate and maintain the private sewage disposal facilities in a sanitary condition at all times.

Nothing contained in this bylaw shall be construed to interfere with any additional requirements that may be imposed by the Health Officer. 
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No person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenances thereof, unless he has been authorized in writing to do so by he Operations Superintendent.

All building sewers from the sewer main to the property line shall be constructed by Town forces or to Town standards where special agreements have been signed. In all cases, he Town shall be supplied with the size and accurate location of all sewer services.

No person shall connect his own sewer lines to any sanitary, combine or storm sewer without first having made written application to the Town of Fort Saskatchewan Water and Sanitation on forms supplied by that Department and being granted a permit to make such connection.

All building sewers on private property shall be constructed by the owner’s forces and at his expense.

Permits for building sewers on private property shall be obtained from the Town Plumbing Inspector and applications for such permits shall be made on approved forms furnished by the town. Such permit applications shall be supplemented by any plans, specifications or other information considered pertinent by the Town Plumbing Inspector.

The owner shall, at his own expense, maintain the building sewer from his building to the property line or easement boundary.

(S.7 Bylaw No. l C28-89, as amended November 27, 1989)
(i) Should any owner claim that any building sewer is plugging because of the intrusion of tree roots, the said owner shall deposit with the Town, the sum of $250.00. The Town will then be authorized to open the said building sewer by any method it considers necessary. 
(ii) Should the said building sewer be found to be plugging because of tree root intrusion, and the tree causing same is on public property, the Town shall assume full responsibility and costs for opening said building sewer and the $250.00 shall be refunded. 
(iii) Should the said building sewer be found to e plugging because of tree root intrusion and the tree causing same is on private property, the owner of the affected property shall assume full responsibility and costs for opening said building sewer and the $250.00 deposit shall be applied thereto. 
(S.1 Bylaw 1987, as amended November 28, 1983)
In the event that any sewer connection is abandoned, the Owner, at his expense, shall effectively block up the connection at a suitable location within his property in order to prevent sewage backing up into the soil and to guard against soil or dirt being washed into the sewer. 
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Except as provided in the Town of Fort Saskatchewan Plumbing Bylaw no person shall discharge or cause to be discharged in storm water, surface water, roof run-off, sub-surface drainage, cooling water or unpolluted industrial water to any sanitary sewer, provided that the operations Superintendent may on application authorize such discharge where exceptional conditions prevent compliance with the foregoing provisions.

Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as combined sewers or storm sewers, or to a body of water approved by the operations superintendent.

Except as hereinafter provided, no person shall discharge or cause or permit to be discharged any of the following described waters or wastes to any public sewer: 
(a) Any liquid or vapour having a temperature higher than 170 degrees Fahrenheit. 
(b) Any water or waste containing fat, oil or grease of such character or quantity that unusual attention or expense is required to handle such materials by the Town collection system or sewage treatment plant, but the weight of oils and grease shall in no case exceed the limit set out in Section 506© of this bylaw. 
(c) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid solid or gas. 
(d) Any garbage that has not been properly shredded. 
(e) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood or other solid or viscous substance capable of causing obstruction to the flow of sewers or other interference with the property operation of the sewage works. 
(f )  (1) Any paunch manure or intestinal contents from horses, cattle, sheep or swine; 
      (2) Pigs hooves or toenails; 
      (3) Animal intestines or stomach casings; 
      (4) Bones 
      (5) Hog Bristles; 
      (6) Hides or parts thereof;
      (7) Animal fat or flesh in particles larger than will pass through a one-quarter (1/4”) inch screen;    
      (8) Horse, cattle, sheep or swine manure; 
      (9) Poultry entrails, heads, feet, feathers or eggshells;        
      (10) Fleshings and hair resulting from tanning operations

(g) Any waters or wastes having pH lower than 5.5 or above 12.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, biological sewage treatment processes, and personnel of the sewage works. 
(h) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to inure or interfere with an sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant 
(i) Any waters or waste containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at he sewage treatment plant, but no such suspended solids shall contain more than four hundred milligrams per litre as set out in Section 506(b) of this bylaw. 
(j) Any noxious or malodorous gas or substance capable of creating a public nuisance. 
(k) Any water or waste containing a radioactive substance

Grease, oil and sand interceptors shall be provided on private property for all garages, gasoline service stations and vehicle and equipment washing establishments; interceptors will be required for other types of businesses when in the opinion of the Operations Superintendent they are necessary for the proper handling of liquid waste containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredient, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Operations Superintendent and shall be so located as to be readily and easily accessible for cleaning and inspection. Where install, all grease, oil and sand interceptors shall be maintained by the owner at his expense in continuously efficient operation at all times.

In case any blockage, either wholly or in part of said sewage system is caused by reason of failure, omission or neglect to comply strictly with the foregoing provisions, the owner, proprietor or occupier concerned therein shall, in addition to any penalty for infraction of the provisions hereof, be liable to the Town for all costs of clearing such blockage and for any other amount for which the town may be liable because of such blockage.

In a person discharges industrial waste or sewage to a sewer within or entering the Town exceeding any of the following characteristics and limits:

(a) A five day B.O.D. greater than 300 milligrams per litre, or 
(b) Containing more than 300 milligrams per litre of suspended solids, or 
(c) Containing more than 100 milligrams per litre of oil and grease.

Then such person shall pay a charge computed as set out in Section 701(C) of this bylaw.

No Municipality or person shall discharge or cause to be discharged into any sewer within, or entering the Town sewers, waste water, domestic sewage, commercial sewage, industrial or factory waste in a greater volume than one hundred thousand (100 000) cubic feet per month without obtaining an approval so to do from the Operations Superintendent in the manner provided, but no such approval shall be given by the Operations Superintendent until:

(a) Such municipality or person has made application in writing for permission to discharge industrial or factory waste or sewage into a sewer within, or entering the Town system, and (b) Such applicant shall have given the chemical and physical analysis, quantity and rate of discharge or sewage proposed to be so discharged, and any other detailed information that is required, including all pertinent information relating to any proposed pre-treatment before discharge, and; 
(c) The application has been formally approved in writing, and; (d) The Operations Superintendent at his discretion may require any municipality or person to comply with subsections (a) (b) and (c) of this section irrespective of the volume of waste contributed.

Where necessary in the opinion of the Operations Superintendent, the person making application for approval shall provide, at his expense, such preliminary treatment as may be necessary to change the characteristics of the industrial waste of sewage to make it acceptable to the Engineer appointed by the Town for this purpose before any approval may be granted; it being understood that the Engineer shall not apply more stringent treatment requirements than those establish by this bylaw. Where preliminary treatment facilities are provided for any industrial waste or sewage, they shall be maintaining continuously satisfactory and effect operation by the applicant at his own expense.

When required by the Operations Superintendent, any person serviced by a sewer connection shall install a suitable control manhole in the sewer connection to facilitate any maintenance, observance, sampling and measurement required. Such manhole shall be accessible and safely located and shall be constructed in accordance with plans approved by the Operations Superintendent. The manhole shall be installed by the owner at his own expense and shall be maintained by him at all times.

All measurements, tests and analyses of the characteristics of industrial waste, sewage or water to which reference is made in this bylaw shall be determined in accordance with the “Standard Method for the Examination of Water and Sewage: of the American Public Health Association, and shall be determined at the control manhole provided for in Section 509 of this bylaw, or from suitable samples taken within the plant.

No statement contained in this bylaw shall be construed as preventing any special agreement or arrangement between the Town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town for treatment subject to payment thereof by the industrial concern.

If in the Operation Superintendent’s opinion there is evidence that oversized solids are entering the Town sewer system from any sewer connection then the Town may install a screen between the connection and the Town sewer system. The above screen will have a minimum size of three quarter inch square openings and shall be removable, but locked in place with the key in the possession of the Operations Superintendent. It shall be the responsibility of the person contributing waste through that connection to remove any solids collected on the screen dispose of these solids in an approved manner. The Town will not be responsible in any way for any disruption of service, which may occur due to blockage of the screen by solids.
The Operations Superintendent and other duly authorized employees of the Town bearing proper credentials and identification, shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this bylaw. If such inspection discloses any failure, omission or neglect to clean out such sumps, or discloses any defect in the location, construction, design or maintenance of any of the sewer system or any connecting therefrom to the Town system, the person making such inspection shall in writing notify the said owner, proprietor or occupier to rectify, at his expense, the cause of the complain. When that cause arises out of that portion of the connection from the property line to the building. In the event of continued non-compliance, the approval to operate or use said premises shall be cancelled until such time as proper maintenance or alterations have been made. (S.8. Bylaw No. C28-89, as amended November 27, 1989)
From the first day of December, 1976 billing cycle the Town does hereby levy a sewage service charge on all persons or municipalities occupying property connected with the sewage system of the Town, to be paid monthly computed as follows:

(a) (i) In the case of property other than Industrial connected to the sewage system and serviced by Town water when the said other users meet the standards as set out in Section 506 that there shall be levied a nil sewer service charge. 
(ii) That the charge for sewage treatment only for normal strength sanitary sewage delivered to the Town sewage treatment plant by way of sewer owned by other than the Town shall be 40 cents per one thousand gallons of water purchased. 
(iii) Sewage that is delivered to the Town sewage system from customers who are not on Town water or sewer which do meet the standards as set out in Section 506 shall be charged at the rate of $0.40 per one thousand gallons of metered water consumption. 
(b) In the case of property connected to the Town sewage system served in whole or in part with water from sources other than the Town, when the industrial waste or sewage is within the limits set out in Section 506, the charge shall be that stipulated in Section 701(a). Where no meter or other exact means exist to determine the quantity of water with which any property is served, the Operations Superintendent shall make an estimate of such quantity for the purpose of determining the sewer service charges and such estimate shall be final and conclusive. The occupant of any property may, however, at his own expense, install and maintain an approved type meter upon which the service charge shall thereupon be determined. 
(c) A person whether using Town water or not whose sewage discharge exceeds any or all of the limits set out in Section 506 shall on utility bills rendered starting with the December 1976 billing cycle be charged on such over strength sewage as sample regularly from the plant effluent as follows: 
(i.) For every pound of five day B.O.D. beyond the limit outlined in Section 506(a) a charge of $2.40 per pound 
(ii.) For every pound of suspended solids beyond the limits outlined in Section 506(b) a charge of $2.40 per pound 
(iii.) For every pound of oil and grease beyond the limit outlined in Section 506(c) a charge of $2.40 per pound

The foregoing poundage is calculated on the following basis for each component:

(component tested – component allowed*water consumption*62.29)

1 000 000 where: component tested – is the result of sewage sample tests measured in milligrams per litre for five day B.O.D., suspended solids and oils and grease component allowed – is the allowable limits measured in milligrams per litre for five day B.O.D., suspended solids and oils and grease as outlined in Section 506 of this bylaw water consumption – is the total amount of water consumed in cubic feet No reduced in water consumption will be allowed in any surcharge calculations without the written approval of the Operations Superintendent.

To determine the rate and amount to be charged each month, the Town will 
(a) in the case of existing industries already connected where testing has been done in the past to determine the strength of their sewage discharge charge such industry an average rate based on the strength of sewage as determined by tests over sufficient period to establish a reasonable average rate. (b ) (i) In the case of new industries connecting to the system, or existing industries that change their method of treatment so as to vary the strength of sewage discharged, establish a new basis of charge based on an average of at least four separate twenty-four or sixteen hour test carried out by the Town over a period of at least one month and using an average of four separate tests. 
(ii) The above provision will apply when an industry has established new treatment equipment or for any reason is of the opinion that the nature of its sewage being discharged has a substantially lessened degree of pollution than as shown by prior tests, it may request the Town to make new tests, such tests to be at the expense of the industry. 
(iii) If the Town is satisfied that such tests were made when the plant was operating under normal conditions, the results of the latest tests shall be used in computing the monthly charged as set forth in Section 701 hereof. 
(iv) The Town shall periodically at its discretion, run tests at each plant to determine the strength of the sewage discharged as a check. If these test show that the strength of the sewage is consistently strong than the average previously determined, then a new average will be determined based on four 24-hour or 16-hour tests in one or more months.
In the case of persons outside the limits of the Town of Fort Saskatchewan who utilize any portion of the collection, transmission or treatment systems, such persons will be charged a surcharge of percent of the total applicable charges as outlines in Section 701 of this bylaw.
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(1) If the owner or occupier of any building, which building under the provisions of this bylaw is required to be connected with the water main or common sewer, or both, shall neglect or refuse to make such required connection in accordance with the provisions of this bylaw for a period of sixty (60) days after notice in writing, which has been given to him personally or by registered mail, by the Health Officer or his authorized agent, or to prosecute the work without delay, or to the satisfaction of the Town, then and in the case the town shall, at he expense of the person who is in default, make or repair the said connections and the Town may recover the expenses thereof with costs, by any Court of competent jurisdictionor in like manner as municipal taxes.
(2) The person giving such notice shall post a copy of the notice on the front door or some other conspicuous part of the building referred to in the notice. No person shall tear down or deface any notice so posted.

No person shall continue in violation of any provisions of this bylaw for more than sixty (60) days after receiving written notice from the Town for such violation. Such notice shall be sufficiently served if forwarded by registered mail to the owner at the last known address.

Where a person is convicted for an offence under this bylaw shall be liable, on summary conviction, to a fine not exceeding Five Hundred Dollars ($500.00) exclusive of costs and in default of payment to imprisonment in a common gaol for a period not exceeding six (6) months unless the fine and costs including the costs of committal are sooner paid as per Section 115 of the Municipal Government Act.
In case of any dispute as to the proper charges to which any property is subject by reason of the provisions herein contained, the matter shall be referred to the Town Commissioner and where the dispute is not then settled to the satisfaction of a property owner such owner may refer the matter to Town Council. Final appeal may then be made in the manner provided for in the Arbitration Act of the Province of Alberta

This bylaw shall become effective December 1st, 1976.

This bylaw shall be subject to the provisions of the Public Health Act and regulations.

This bylaw shall not apply to any local government authority in the area abutting the Town of Fort Saskatchewan for the period of any subsisting contract between the Town and such local authority. 
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