TOWN OF MARKHAM ONTARIO

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1 TOWN OF MARKHAM ONTARIO BY-LAW SEWER BY-LAW This By-law is printed under and by authority of the Council of the Town of Markham Amended by: By-law December 15, 2009

2 Page A by-law to regulate the use of sewers and drains, private sewage disposal, the installation and connection of building sewers, and the discharge of waters and wastes into the sewer system; and providing penalties for violations thereof. Whereas Section 210, paragraph 147 of the Municipal Act R.S.O. 1980, Chapter 302, as amended, provides, that a Municipality may prohibit, regulate and inspect the discharge of any gaseous, liquid or solid matter into land drainage works, private branch drains and connections to any sewer, sewer system or sewage works for the carrying away of domestic sewage or industrial wastes or both, whether connected to a treatment works or not. THE COUNCIL OF THE CORPORATION OF THE TOWN OF MARKHAM HEREBY ENACTS AS FOLLOWS: 1. DEFINITIONS Unless the context specifically indicates otherwise, the meaning of terms used in the bylaw shall be as follows:- (a) (b) (c) (d) (e) (f) (g) (h) Town shall mean the Corporation of the Town of Markham. Sewage Works shall mean all services, sewer systems, sewage pumping stations sewage treatment plants and other works for the collection, acceptance, transmission, treatment and disposal of sewage or for any one or more of them. Director of Engineering shall mean the Director of Engineering of the Town of Markham, or his authorized deputy, agent, or representative. Sewage shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface and storm waters as may be present. Sewer shall mean a pipe or conduit for carrying sewage. Combined Sewer shall mean a sewer for both surface runoff and sewage. Sanitary Sewer shall mean a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted. Storm Sewer or Storm Drain shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.

3 Page 3 (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) Sewage Treatment Plant shall mean any arrangement of devices and structures used for treating sewage. Industrial Wastes shall mean the liquid wastes from industrial processes as distinct from sanitary sewage. Garbage shall mean solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. Building Drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet outside the inner face of the building wall. Building Sewer shall mean the extension from the building drain to the sewer or other place of disposal. Natural Outlet shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. Watercourse shall mean an open channel or ditch, in which a flow of water occurs, either continuously or intermittently including road ditches and other natural depressions or watercourses draining into any such open channel or ditch whether connected to a storm sewer or not. Person shall include any individual, firm, partnership, association, society, corporation or group. Health Officer shall mean the Medical Officer of Health of the York Regional Health Unit or his authorized deputy, agent or representative. Plumbing Inspector shall mean the plumbing inspector of the York Regional Plumbing Department. Matter shall include any gaseous, liquid or solid matter. Biochemical Oxygen Demand B.O.D. shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter in five (5) days at twenty (20) degrees Celsius as determined in accordance with Standard Methods and expressed in milligrams per litre. Suspended Solids shall mean solid matter in or on a liquid, which matter is removable by filtering with a fibre filter paper equivalent to a Reeve Angle Glass Fibre Filter Pager, No. 934 AH.

4 Page 4 (v) Coliform Count shall mean the number of all coliform bacteria per 100 millilitres of solution, as determined in accordance with Standard Methods. (w) (x) (y) (z) Colour of a Liquid shall mean the appearance of a liquid, from which the suspended solids have been removed as determined in accordance with Standard Methods. PH shall mean the logarithm of the reciprocal of the concentration of hydrogen ions in grams per litre of solution. Phenolic Compounds shall mean those hydroxy derivatives of benzene, or its condensed nuclei, which can be identified by the 4 Aminoantipyrene method in accordance with Standard Methods, or the Gibbs procedures, as set out in the Standard Methods for the Examination of Water and Wastewater. Standard Methods shall mean, unless the context otherwise requires, the methods and procedures set out in the edition of Standard Methods for the Examination of Water and Wastewater published by the American Public Health Association, as may be revised from time to time. 2. (1) It shall be unlawful for any person to place, deposit or permit to be deposited in any manner upon public or private property within the Town of Markham, or in any area under the jurisdiction of the said Town, any human or animal excrement, garbage or other objectionable waste. (2) It shall be unlawful to discharge to any natural outlet within the Town of Markham, or in any area under the jurisdiction of said Town, any sanitary sewage, industrial wastes, oil or polluted waters, except where suitable treatment has been provided in accordance with the provisions of this by-law. (3) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage. (4) The owner of all houses, buildings or properties 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 located or may in the future be located a sanitary or combined sewer of the Town, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper sewer in accordance with the provisions of this by-law, within ninety (90) days after date of official notice to do so, provided that said sewer is within one hundred (100 ) feet of the lot line.

5 Page 5 3. (1) Where a sanitary or combined sewer is not available under the provisions of Section 2(4), the building sewer shall be connected to a private sewage disposal system in compliance with the requirements of the York Regional Health Officer. (2) At such time as a sewer becomes available to a property served by a private sewage disposal system, if notice has been given as provided in Section 2(4), a direct connection shall be made to the sewer in compliance with this by-law, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (3) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times and at no expense to the Town. 4. (1) No person shall uncover, make any connections with or opening into, use, alter or disturb any sewage work or appurtenance thereof, unless authorized in writing by the Director of Engineering or his authorized Deputy, Agent or Representative. (2) All excavations for building sewer installation 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 a manner satisfactory to the Town. Any person making any excavation or trench shall comply with all relevant statutes, regulations, by-laws and orders. 5. (1) No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, cellar drain, sub-surface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer, except where the person has obtained written permission from the Director of Engineering for a weeping tile connection. (2) Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated such as combined sewers or storm sewers, or to a natural outlet approved by the Director of Engineering. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the Director of Engineering to a storm sewer, combined sewer or natural outlet. No other waste or drainage shall be permitted to be discharged into any storm sewer. 6. Except as hereinafter provided no person shall discharge or deposit or permit to be discharged or deposited into land drainage works, private branch drains or connections to any sewer, sewer system or sewage works for the carrying away of domestic sewage or industrial wastes or both, which are connected directly or indirectly to the sewage system, any matter or quantity of matter which may be or become harmful to any sewage works or which may interfere with their proper operation, or which may impair or interfere with any sewage treatment process, or which may or may tend to obstruct any sewer, or which

6 Page 6 may be or may become a hazard to persons, property or animals, and, without limiting the generality of the foregoing, any of the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) sewage or vapour at a temperature in excess of 65 degrees Celsius; flammable or explosive matter, and without limiting the generality of the foregoing, gasoline, benzene, naptha, fuel oil, acetone or other solvents; any quantity of matter capable of obstructing the flow in or interfering with the proper operation of any part of the sewage works and without limiting the generality of the foregoing, any such quantity of ashes, cinders, garbage, sand, straw, mud, shavings, metal, glass, rags, feathers, plastic, wood, cellulose, oil, fat and grease of animal or vegetable origin, oil grease and tar of mineral origin; sewage having a PH less than 6.0 or greater than 10.5 or which due to its nature or content, becomes less than 6.0 or greater than 10.5 during transmission to a sewage treatment plant or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works; sewage in which the B.O.D. exceeds 300 milligrams per litre; sewage in which the suspended solids exceed 350 milligrams per litre; any waters or wastes containing suspended solids of such character that unusual attention or expense is required to handle such material at the Sewage Treatment Plant or within the sewer; sewage that may cause a nuisance, and without limiting the generality of the foregoing, sewage containing hydrogen sulphide, carbon disulphide, ammonia, trichloroethylene, sulphur dioxide, formaldehyde, chlorine, bromine, or pyridine, in such quantity that an offensive odour could emanate from the sewage works or could cause a nuisance; sewage containing animal waste, and without limiting the generality of the foregoing, containing intestines, stomach casings, intestinal contents, hides, hooves, toenails, horns, bones or poultry heads or sewage containing hair, wool, fur, feathers, paunch manure or fleshings in a quantity sufficient to interfere with the proper operation of the sewage works; sewage containing any of the following matter in excess of the indicated concentration MATTER EXPRESSED AS CONCENTRATIONS IN MILLIGRAMS PER LITRE

7 Page 7 Aluminum Al 50 Arsenic As 1.0 Barium Ba 5.0 Cadmium Cd 2.0 Chloride Cl 1500 Chromium Cr 5.0 Copper Cu 5.0 Cyanide (free) Cn 2.0 Fluoride F 10 Iron Fe 50 Lead Pb 5.0 Mercury Hg 0.1 Nickel Ni 5.0 Phenolic 1.0 compounds Phosphorus P 100 Sulphate SO Sulphide S 2.0 Tin Sn 5.0 Zinc Zn 5.0 Sulphides H 2 S 2.0 or any other toxic or poisonous substance in sufficient quantity to injure or interfere with the sewage treatment process or constitute a hazard to humans or animals; (k) (l) (m) radioactive materials except as may be permitted under the Atomic Energy Control Act R.S.C chapter 11, as amended; any noxious or malodorous gas capable of creating a public nuisance; any garbage whether shredded or not, including shredding by any mechanical means; 7. Except as hereinafter provided no person shall discharge or deposit or permit to be discharged or deposited into land drainage works, private branch drains or connections to any sewer, sewer system or sewage works for the carrying away of domestic sewage or industrial wastes or both, that are capable of discharging sewage into any well, lake, river, pond, spring, stream, reservoir, or other water or watercourse, or onto any shore or bank thereof or into any place from which the sewage may be discharged into or deposited in any well, lake, river, pond, spring, stream, reservoir, or other water or watercourse or any storm sewer or any sewer connected to a storm sewer, any of the following:

8 Page 8 (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) sewage at a temperature in excess of 65 degrees Celsius; flammable or explosive matter, and without limiting the generality of the foregoing, gasoline, benzene, naphtha, fuel oil, acetone or other solvents; any quantity of matter capable of obstructing the flow in or interfering with the proper operation of any part of the sewage works and without limiting the generality of the foregoing, any such quantity of ashes, cinders, garbage, sand, straw, mud, shavings, metal, glass, rags, feathers, plastics, wood, cellulose, tar, animal wastes, oil, fat and grease of animal and vegetable origin, oil grease and tar of mineral origin; other matter that is not dissolved in a liquid at the time of its introduction into the sewage works; sewage containing any matter in a quantity or concentration that will or may cause the death of or injury of any person, property or animal; sewage having a PH less than 6.0 or greater than 9.5 or which due to its nature or content becomes less than 6.0 or greater then 9.5 during transmission through the sewage works; sewage in which suspended solids content exceed fifteen (15) milligrams per litre or sewage containing any suspended solids which are incapable of passing through a screen having openings not larger than one quarter (1.6) of an c.m. square; sewage that has or may cause an offensive odour, and without limiting the generality of the foregoing, sewage containing hydrogen sulphide, carbon disulphide, ammonia, trichloroethylene, sulphur dioxide, formaldehyde, chlorine, bromine, pyridine, in such quantity that an offensive odour could emanate from the sewage works or could cause a nuisance; sewage in which the B.O.D. exceeds fifteen (15) milligrams per litre; sewage containing coloured matter which sewage would require a dilution in excess of four (4) parts of distilled water to one (1) part of such sewage to produce a mixture the colour of which is not distinguishable from that of distilled water when tested in accordance with the Ontario Water Resources Commission Standard Laboratory Sewage Colour Determination Test; sewage containing toxic or poisonous matter in sufficient quantity to constitute a hazard to persons, property or animals, and, without limiting the generality of the forgoing, sewage containing any of the following matter in excess of the indicated concentrations: MATTER EXPRESSED AS CONCENTRATIONS IN

9 Page 9 Aluminum Al 1.0 Ammonia N 10 Arsenic As 1.0 Barium Ba 0.1 Cadmium Cd 0.1 Chlorine Cl Chromium Cr 1.0 Copper Cu 1.0 Cyanide (free) CN 0.1 Fluoride F 2.0 Iron Fe 1.0 Lead Pb 1.0 Manganese Mn 1.0 Mercury Hg Nickel Ni 1.0 Phenolic Compounds 0.02 Phosphorus P 1.0 Suspended Solids 15 Tin Sn 1.0 Zinc Zn 1.0 Chlorides Cl 1500 Sulphates SO MILLIGRAMS PER LITRE (k) sewage in which the coliform count exceeds two thousand four hundred (2400) per one hundred (100) milliliters as determined by Standard Methods; (l) radioactive materials except as may be permitted under the Atomic Energy Control Act R.S.C Chapter 11, as amended. 8. Except as otherwise specifically provided in this by-law, all tests, measurements, analyses and examinations of sewage, its characteristics or contents shall be carried out in accordance with Standard Methods. 9. (1) Grease, oil and sand interceptors shall be provided at the expense of the owner when, in the opinion of the Director of Engineering, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units.

10 Page 10 (2) All interceptors shall be of a type and capacity approved by the Director of Engineering, and shall be located as to be readily and easily accessible for cleaning and inspection. (3) Grease and oil interceptors shall be constructed of impervious materials capable of standing abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which when bolted in place shall be gastight and watertight. (4) Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. 10. The admission into the sanitary sewer of any waters or wastes, (a) (b) (c) (d) having a five-day B.O.D. greater than 300 parts per million by weight, containing more than 350 parts per million by weight of suspended solids, containing any quantity of substances having the characteristics in excess of those described in Section 6, having any average greater than 2% of the average daily sewage flow of the Town, shall be subject to the review and approval of the Director of Engineering. 11. Where necessary, in the opinion of the Director of Engineering, the owner shall provide, at his expense, such preliminary treatments as may be necessary to: (a) (b) (c) reduce the Biochemical Oxygen Demand to 300 parts per million and the suspended solids to 350 parts per million by weight; reduce objectionable characteristics or constituents to within the maximum limits provided for in Section 6; control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information related to proposed preliminary treatment facilities shall be submitted for the approval of the Director of Engineering and no construction of such facilities shall be commenced until said approvals are obtained in writing.

11 Page Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation, by the owner at his expense. 13. (1) When required by the Director of Engineering, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. (2) Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Director of Engineering. (3) The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. 14. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. 15. Employees of the Town shall be permitted to enter upon private property for the purpose of inspection, observation, measurements, sampling and testing, in accordance with the provisions of this by-law. 16. Any person who contravenes the provision of this By-law is guilty of an offence and upon conviction pursuant to the provisions of the Provincial Offences Act, is liable to the maximum fine pursuant to the said Act. (Amended by By-law ) 17. By-law and By-law which amends By-law are hereby repealed. READ A FIRST AND SECOND TIME THIS 9 TH DAY OF DECEMBER 1986 READ A THIRD TIME AND PASSED THIS 9 TH DAY OF DECEMBER 1986 "Gary F. Roseblade" Gary F. Roseblade, Clerk "Carole Bell"

12 Page 12 Carole Bell, Mayor