POLICY REPORT
ENVIRONMENT
Date: June 3, 1999
Author/Local:N.McCreedy/
S. McTaggart/7528/7356
RTS No. 00747
CC File No. 113P&E: June 17, 1999
TO: Standing Committee on Planning and Environment
FROM: City Building Inspector & General Manager of Engineering Services
SUBJECT: Proposed Wastewater, Storm Water and Watercourse By-Law
RECOMMENDATION
A. THAT the Sewer Use Regulation By-law No. 5320, be replaced by a new by-law incorporating the substantive changes and housekeeping amendments generally as shown in this report and Appendix A.
B. THAT sections 2, 8, and 16 (part II) of the Plumbing By-law with minor housekeeping amendments, generally as shown in this report and Appendix A, be merged into the new by-law.
C. THAT the Stream Obstruction By-law No. 2884 be merged into the new by-law.
D. THAT the Director of Legal Services be requested to bring forward the appropriate by-law amendments.
GENERAL MANAGERS' COMMENTS
The General Managers of Community Services and Engineering Services RECOMMEND approval of A to D.
COUNCIL POLICY
Council has approved a number of policies to safeguard public health, to protect property and to minimize the impact on the environment from the disposal of domestic, residential and industrial liquid wastes.
PURPOSE
The purpose of this report is to request Council's approval to consolidate a number of by-laws regarding sanitary and storm water systems into a single by-law for clarity and ease of communication. In addition, we are taking this opportunity to revise existing by-laws to update standards, increase environmental protection, and reflect current senior government legislation and regulations.
BACKGROUND
On February 12, 1980, Council passed the Sewer Use Regulation By-law No. 5320. This By-law regulates the quantity and quality of discharged wastes and the degree of pretreatment required and provides for the approval of plans for waste treatment. Since 1985 there have been no amendments to the By-law however substantial changes have taken place in developing standards for sewer discharges, sewer protection and waste disposal. The current by-law is out of date technically and requires a new format and language changes to make it clearer.
On February 25, 1986, Council passed the Plumbing By-law No. 5964 to regulate plumbing system requirements for private property owners. Staff in the Permits & Licences Department are also currently recommending revisions to the Building By-law in a report titled "Vancouver Building By-law Revisions" which is also before Council for approval. Most sections of the Plumbing By-law are incorporated into the proposed new Building By-law. However, section 8 and part II of section 16 deal with public sewer connections and are not included. As a result, it is proposed that these sections, along with the relevant 'Definitions' in section 2, be updated and incorporated into this proposed by-law along with minor changes.
In addition, on May 28, 1945, Council passed the Stream Obstruction By-law No. 2884. This by-law prohibits the obstruction of streams, water courses, drains and sewers in order to prevent potential flooding.
DISCUSSION
Since 1980, when the Sewer Use Regulation By-law No. 5320 was passed by Council, no substantial changes have been made. In early 1994, a staff committee was formed to review this By-law. The committee looked at currently accepted standards in other jurisdictions, the difficulties we are experiencing in our enforcement activities, and additional regulations that are required to further reduce environmental degradation in the receiving waters and reduce sewer maintenance problems and costs.
The staff review noted the following concerns with the By-Law:
- the By-law permits discharges to sewer that exceed currently accepted standards and in some cases would be in violation of senior government legislation, in particular the GVS&DD Sewer By-law No. 164 and the Special Waste Regulations of the Waste Management Act;
- some of the language in the By-law is unclear and can be open to interpretation;
- at the time this By-law was written there were few standards for storm water discharges. Senior governments are looking more closely at urban runoff and are indicating that municipalities may be responsible for contaminants that enter their pipes. It is more efficient to prevent the discharge of contaminants to the storm sewer system than it is to collect and treat them at a central treatment facility which would be very costly. New storm water standards will enhance existing source control activities;
- the By-law is not gender neutral and language changes are required;
- the By-law needs to be reorganized and include bold headings to make it more readable; and
- current penalties are too low and need to be raised. Industry perceives the low fines to be a cost of doing business.Other substantial changes to the wording of the existing Sewer Use Regulation By-law are proposed which include:
- regulating discharges directly into City watercourses (creeks, ditches, etc. that do not form a part of the drainage system);
- adding spill prevention measures and requirements for removing prohibited substances and wastes from sites upon vacating sites;
- requiring reports from industries and commercial operations regarding their sewer discharges when requested by the Inspector; and
- removing subsections of the By-law pertaining to remote pumping systems for dispensing fuel, testing for leaks in storage tanks, storage tanks temporarily out of service and reactivation of storage tanks. These subsections are covered in the Vancouver Fire By-Law No. 7004.Staff in the Permits & Licences and Engineering Departments felt that a major upgrade to the By-law was required. After reviewing the number of amendments that would be required, it was recommended that staff ask Council to repeal the current By-law and that a new by-law be prepared. A draft by-law based on this report will be prepared and forwarded to Council for enactment. Additional details describing the By-law changes are shown in Appendix A.
In addition, as a result of revisions to the Building By-law, which incorporates most of the Plumbing By-law, it is proposed that section 8 and Part II of section 16 of the Plumbing By-law be merged into this new by-law, along with relevant definitions from section 2. Some updating and clarification should also be made to these sections. By merging the existing Plumbing By-law into the proposed Wastewater, Storm Water and Watercourse By-law and the proposed new Building By-law, the existing Plumbing By-law can be repealed.
The following changes are proposed to sections 2 and 8, and part II of section 16 of the Plumbing By-law:
- clarification of some definitions;
- updating the sewer connection age requirement for determining if an existing public sewer connection can be reused;
- requiring an applicant to pay for the sealing of an existing public sewer connection where the applicant requires the connection to be moved to a new location; and
- updating the section on sewer unstops to reflect recent count rulings.Additional details describing the Plumbing By-law changes are shown in Appendix A.
It is also proposed that the Stream Obstruction By-law No. 2884 be merged into the new by-law with no significant changes. This By-law relates to storm water systems and therefore would be appropriate to be included in the new by-law.
CONCLUSION
Consolidating and updating existing by-laws related to sanitary and storm water systems will make it easier for the public to understand and adhere to these regulations and requirements.
This report recommends that a new by-law titled "Wastewater, Storm Water and Watercourse By-law" be prepared for Council's consideration which incorporates the Sewer Use Regulation By-law No. 5320, parts of the Plumbing By-law No. 5964 and the Stream Obstruction By-law No. 2884. The amendments required to update the Sewer Use Regulation By-law No. 5320 are substantial. Minor changes are proposed to update sections of the Plumbing By-law and no significant changes are proposed for the Stream Obstruction By-law. Once the proposed new by-law has been passed by Council then the Sewer Use Regulation By-law No. 5320 and the Stream Obstruction By-law No. 2884 can be repealed. In addition, once the proposed new by-law and the revised Building By-law have been passed, the Plumbing By-law No. 5964 can be repealed.
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APPENDIX A
The following is a summary of the proposed provisions in the new by-law incorporating the changes to the existing Sewer Use Regulation By-law 5320, Sections 2, 8 and 16 (Part II) of the Plumbing By-law No. 5964 and the Stream Obstruction By-law No. 2884. Provisions of those by-laws which will be incorporated into the new by-law without significant changes, are not shown here.
SECTION 1 - ADMINISTRATION
SECTION 1.1 SCOPE
It is proposed that this by-law be cited as the "Wastewater, Storm Water and Watercourse By-law".
SECTION 1.2 DEFINITIONS
All definitions used are from the Sewer Use Regulation By-law or the Plumbing By-law with minor revisions and the addition of the following new definitions:
· contaminated water
· storm water
· trucked liquid waste
· wastewater
· watercourse
· fixture restriction
· plumbing fixture elevation restrictionSECTION 1.3 INSPECTIONS
The title of this section has been changed from "Right of Entry" to "Inspections" for clarity and has been amended to make the language gender neutral.
SECTION 2 - SEWER CONNECTIONS
This section is Section 8 of the existing Plumbing By-law. The title of this section has been changed from "Sewers" to "Sewer Connections" for clarity.
Appendix A - Page 2
SECTION 2.9 USE OF EXISTING PUBLIC SEWER CONNECTION
The age of sewer connections for determining if an existing public sewer connection can be used is changed from 1960 to 1985. This change is proposed because pipes prior to 1985 do not meet current standards.
SECTION 2.12 LOWERING OR ABANDONING A PUBLIC SEWER CONNECTION
This section has been updated by requiring an applicant to pay for sealing an existing sewer connection where the applicant requires the connection to be moved to a new location.
SECTION 2.18 UNSTOPPING SEWER
This section has been updated by deleting the specific reference to City liability resulting from sewer blockages caused by roots from City-owned trees as this does not reflect current prevailing court rulings.
SECTION 3 -WASTEWATER AND STORM WATER DISCHARGE AND QUALITY STANDARDS
This section is from Section 2 of the Sewer Regulation By-law. The title of this section has been changed from "Waste Discharges" to "Wastewater and Storm Water Discharge and Quality" for clarity.
SECTION 3.1 STANDARDS FOR WASTEWATER DISCHARGES
This section has been updated to incorporate the current GVRD by-law standards.
SECTION 3.2 STANDARDS FOR STORM WATER DISCHARGES
This section will be substantially modified to provide more certain standards and to clarify Section 2.1.3 of the Sewer Use Regulation By-law. All standards used came from the Model Storm Water By-law developed by the Capital Regional District and other by-laws in effect in the lower mainland.
Appendix A - Page 3
SECTION 3.3 PROHIBITED DISCHARGES
Additional substances have been added to the list of prohibited substances to protect the sewer system and to reduce maintenance problems and costs. These include:
· reactive substances that could produce explosions or flammable gases.
· special waste as defined in the Waste Management Act of BC.
· trucked wastes as defined by the current GVRD by-law.
· dyes except those approved by the City Engineer or the Inspector.
· any substance which solidifies when it reacts with water.SECTION 3.4 ACCIDENTAL DISCHARGES
This is a new section to prevent spills of prohibited substances from entering the sewer system and provides for spill containment devices. This includes the following requirements:
· handling and storing prohibited substances to prevent illegal discharges.
· spill containment as approved by the Inspector.
· installing of emergency shut-off valves on storm sumps when required by the Inspector.
· requiring persons handling or storing prohibited substances to remove them upon. vacating a site so that they do not enter the sewer system or waterways.SECTION 4 - INDUSTRIAL, INSTITUTIONAL AND
COMMERCIAL REQUIREMENTS
This section is Section 3 of the Sewer Regulation By-law. The title of this section has been changed from "General Requirements For Connection To The Sewerage System" to "Industrial Institutional and Commercial Requirements" for clarity. Some other subsection titles have also been modified for clarity.
SECTION 4.2 GENERAL REQUIREMENTS FOR CONNECTION
TO THE PUBLIC SEWERAGE SYSTEM
This section has changed to provide the Inspector with the authority to request written reports on sewer discharges at any time rather than the previous requirements where the information could only be requested at the time of a new sewer connection or an expansion of the company.
Appendix A - Page 4
SECTION 5 - FLAMMABLE AND COMBUSTIBLE LIQUIDS
SECTION 5.3 REMOVAL OF UNDERGROUND STORAGE TANKS
This section has been changed to reflect current fire code standards.
SECTION 6 - PROTECTION OF THE PUBLIC HEALTH, THE ENVIRONMENT, AND THE PUBLIC SEWERAGE AND DRAINAGE SYSTEMS
The title of this section has been changed from "Protection of Public Sewerage System and Storm Drainage System" to "Protection of the Public, the Environment, and the Public Sewerage and Drainage Systems" for clarity. Some other subsection titles have also been modified for clarity.SECTION 6.1 STREAM OBSTRUCTION
It is proposed that The Stream Obstruction By-law be added to this subsection. This By-law relates to protection of storm water systems.
SECTION 6.2 DISCONNECTION OF SEWER AND OTHER REMEDIAL ACTIONS
The title of this subsection has been changed from "Disconnection of Sewer" to "Disconnection of Sewer and Other Remedial Actions" for clarity.
SECTION 7 - OFFENSES AND PENALTIES
SECTION 7.2 PENALTIES
This section has been changed to reflect the current GVRD by-law by raising the maximum penalty of $2000 to $10,000 for a person who commits an offence under this by-law.
SECTION 8 - SCHEDULE A
SCALE OF FEES - PART I - SEWER CONNECTIONS
This section is from Section 16 of the existing Plumbing By-law and has been updated to reflect the current approved fees.
SCALE OF FEES - PART II - DISCHARGE FEES
This section shows the existing contaminated groundwater discharge fees, ship wastewater disposal fees and the fees for discharges by utilities from the Sewer Use Regulation By-law.
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(c) 1998 City of Vancouver