BY-LAW CONCERNING DISCHARGES AT PURIFICATION WORKS ON THE TERRITORY OF THE URBAN AGGLOMERATION OF MONTRÉAL

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1 VILLE DE MONTRÉAL BY-LAW RCG BY-LAW CONCERNING DISCHARGES AT PURIFICATION WORKS ON THE TERRITORY OF THE URBAN AGGLOMERATION OF MONTRÉAL In view of article 17 of the by-law entitled Règlement sur l assainissement des eaux de la Communauté métropolitaine de Montréal ; In view of paragraphs 4, 5 and 6 of section of the Act respecting the Communauté métropolitaine de Montréal (R.S.Q., chapter C-37.01); In view of paragraph 5 of section 19 and section of the Act respecting the exercise of certain municipal powers in certain urban agglomerations (R.S.Q., chapter E ); In view of sections 6 and 19 of the Municipal Powers Act (R.S.Q., chapter C-47.1); In view of section 244.1, paragraph 3 of the second paragraph of section 244.2, and sections and of the Act respecting municipal taxation (R.S.Q., chapter F-2.1); At the urban agglomeration council meeting of December 18, 2008, it was enacted: CHAPTER I INTERPRETATION AND GENERAL PROVISIONS 1. In this by-law, the following words mean: alum dose : an alum /L dose expressed in mg Al 3+ /L, as established in a laboratory, to treat wastewater; biochemical oxygen demand (BOD 5 ) : the quantity of oxygen expressed in milligrams per litre (mg/l), used by the biochemical oxidation of organic matter during a 5-day period at a temperature of 20 o C; chemical oxygen demand (COD) : the equivalent quantity of oxygen expressed in milligrams per litre (mg/l), necessary for the oxidation of organic matter and certain inorganic matter; chemical toilet sludge : sludge and liquids from chemical toilet facilities; contractor : the owner or user of a tank truck used for the transportation or discharge of septic tank and chemical toilet sludge; RCG /1

2 cooling water : water from an air-conditioning unit or a cooling or a refrigeration process; Direction : the Direction de l environnement et du développement durable du Service des infrastructures, transport et environnement de la Ville de Montréal; director : the director, Direction de l environnement et du développement durable du Service des infrastructures, transport et environnement de la Ville de Montréal; domestic wastewater : water from the sanitary installations of a building and that is not mixed with groundwater, surface water, storm water, cooling water or industrial wastewater; dryness : the quantity of residual solids in grams when 100 grams of a sample of septic tank or chemical toilet sludge is subjected to evaporation at C for 24 hours, or until the weight of the residue is constant, or according to any other method prescribed by the director; industrial wastewater : water carrying solid, liquid or gaseous wastes from a process or an industrial building, manufacturer or other of the same type, including cooling water, but excluding domestic wastewater; mineral oils and greases : total oils and greases not adsorbed by silica gel; purification works : a sewer, a sewer system, a wastewater pumping station, a water purification station, and any other works used to collect, receive, carry, treat or drain wastewater or substances compatible with the city s purification processes; specific mass : the net loading mass of a tank truck in kilograms, divided by the nominal loading volume of the tank truck in litres; septic tank sludge : sludge and liquids drained from tanks receiving solely domestic wastewater; suspended solids (SS): any substance captured by filtration through a fiberglass filter having a design porosity of one micrometer; total oils and greases : substances extractable from wastewater by hexane; total phosphorus (expressed as P) : the inorganic, organic, soluble or particular phosphorus present in industrial wastewater; user : the owner or occupant of an establishment discharging industrial wastewater into purification works; RCG /2

3 wastewater : water containing solid, liquid or gaseous wastes from a process, an establishment or a building, together with any groundwater, cooling water, storm water, or surface water and, unless the context otherwise provides, groundwater, cooling water, storm water and surface water. 2. The director exercises the powers conferred to the city under sections to of the Act respecting the Communauté métropolitaine de Montréal (R.S.Q., chapter C-37.01). CHAPTER II PERMIT TO DISCHARGE INDUSTRIAL WASTEWATER 3. No person may, without a discharge permit, discharge industrial wastewater or cooling water at purification works in one or the other of the following cases: (1) the volume of wastewater discharged is over m 3 per year; (2) the wastewater discharged contains mineral oils and greases, total oils and greases from industrial laundries, squaring plants or foundries, total phenol compounds or inorganic contaminants listed in the table of schedule 1 to the by-law entitled Règlement sur l assainissement des eaux de la Communauté métropolitaine de Montréal. 4. Applications for a discharge permit must be made in writing, be addressed to the director, and include the following information: (1) name, address and phone number of the applicant and, if the applicant is a corporation or a cooperative association, a resolution of the board of directors authorizing the filing of the application; (2) the official cadastral designation of the lot or lots where the purification works or activities are situated; (3) if the applicant does not own the lot, a copy of the document granting him a right on that lot; (4) the number of employees and the operating periods; (5) the list and quantity of raw materials used, products manufactured or services provided; (6) the presentation and the description of a diagram of processes; (7) an evaluation of the quantity of water used at various stages of processes; (8) the type, quantity and method of solid and liquid waste management; RCG /3

4 (9) the qualitative characteristics of wastewater discharged and an evaluation of the quantity of water discharged; (10) a location plan of buildings and works, and a plan of the plumbing structure and treatment stations, showing the dimensions and the level of all water and sewer services and their accessories. 5. The issue of the permit referred to in article 3 is conditional on: (1) compliance with any condition required under section of the Act respecting the Communauté métropolitaine de Montréal (R.S.Q., chapter C-37.01); (2) payment of all fees prescribed in chapter III of this by-law. The issue of a discharge permit does not dispense the holder from any requirement under a law, a by-law or an ordinance. 6. The holder of a discharge permit may not, unless an amended permit is obtained beforehand, alter his activities or authorized processes in such a way that the quantity of wastewater discharged would be higher or that its quality would be lower than the one shown on the permit application. 7. The existing permits before the coming into force of this by-law, issued under the Bylaw respecting waste water disposal in sewer systems and waterways (by-law 87 of the Communauté urbaine de Montréal or by-law of the Communauté métropolitaine de Montréal), remain valid and are deemed to have been issued under this by-law. 8. A discharge permit remains in force until it is suspended or revoked in accordance with this by-law. It may be suspended or revoked if the holder discharges wastewater that constitutes an imminent hazard to public health, safety and welfare, to the environment or to purification works. It may also be suspended or revoked if the holder violates the standards of this bylaw, the conditions of a permit issued under this by-law, the requirements of the by-law entitled Règlement sur l assainissement des eaux de la Communauté métropolitaine de Montréal, if he does not meet the requirements of sections to of the Act respecting the Communauté métropolitaine de Montréal (R.S.Q., chapter C-37.01), if he does not pay the fees under chapter III of this by-law, or if it has been obtained or maintained in force on the basis of inaccurate information provided by or for the permit holder. 9. Any person who contravenes or tolerates the violation of a condition of a permit issued under this by-law is guilty of an offence and is liable to the penalty under article 15 of the by-law entitled Règlement sur l assainissement des eaux de la Communauté métropolitaine de Montréal. RCG /4

5 10. For the purposes of this by-law, the measurements, collection of samples, their preservation and analysis, must be carried out in accordance with the methods prescribed by the director. 11. A departure by agreement, authorized by the director under article 8 of the by-law entitled Règlement sur l assainissement des eaux de la Communauté métropolitaine de Montréal, is deemed to exist for all establishments discharging less than m 3 per year, for the following parameters: suspended solids, chemical oxygen demand, and total phosphorus. CHAPTER III FEES FOR THE PURIFICATION OF INDUSTRIAL WASTEWATER 12. A fee structure to finance the interception and treatment of industrial wastewater discharged at purification works per user is established under this by-law. 13. The fees payable per user are set according to the following parameters: Parameters Fees Volume of wastewater $52 /1000 m 3 Suspended solids Chemical oxygen demand Total phosphorus (expressed as P) Alum dose $170 /1000 kg $22 /1000 kg $4051 /1000 kg $6050/mg Al 3+ /L per day (maximum $ per day) The fees do not apply to users who discharge at purification works a volume of industrial wastewater lower than m 3 per year. A credit on fees is applied to users in accordance with the following parameters: Suspended solids Chemical oxygen demand Total phosphorus (expressed as P) On the first 123 mg/l On the first 204 mg/l On the first 2.0 mg/l Alum dose: alum dose necessary to treat wastewater from the north tributary of the Station d épuration des eaux usées de la Ville de Montréal for the day charged. 14. Users whose establishment exceeds the limit set in the second paragraph of article 13 may submit to the director, for approval, a program of self-characterization of industrial wastewater discharged. RCG /5

6 The self-characterization program must contain daily data on the volumes of wastewater, as well as on the results of analyses of samples collected, in accordance with the parameters under this by-law, namely the suspended solids, the chemical oxygen demand, and the total phosphorus (expressed as P). If users do not submit a self-characterization program acceptable to the director, the Direction will carry out the necessary characterizations, at the user s expense, in accordance with the following frequencies: Volume of wastewater (1000 m 3 /year) Lower than to Over Minimum annual frequency The samples collected by the Direction or by the user, for the purposes of this by-law, must be preserved and analyzed in accordance with the methods set by ordinance of the executive committee. 15. The approvals of self-characterization programs issued under the By-law respecting the rate structure relating to the treatment of industrial wastewater (129) remain valid and are deemed to have been issued under this by-law. 16. Every user must give the Direction access, at all times, to his establishment, to the facilities for measurement, sampling and analysis of wastewater, as well as to meters and registers, making it possible to confirm the validity of characterization measurements carried out in accordance with this by-law. Every user must allow the Direction to install, at all appropriate locations, any sampling and measurement device required for the characterization work. The director may also, if deemed necessary, require a user to install, at his expense, the structures necessary for the characterization work. 17. The fees due, as the case may be, are payable every 6 months, namely on January 1 and July 1 of every year. They are payable by users within 30 days of a request for payment to that effect. The billing of fees is established according to the average of results of the characterization carried out during the previous 6-month period. If a user becomes subject to the application of fees during a period, the billing is established in proportion to the number of days elapsed during which the fees are applicable. RCG /6

7 18. Any person who contravenes article 16 of this by-law is guilty of an offence and is liable: (1) in the case of an individual: (a) for a first offence, to a fine of $500 to $1000; (b) for a subsequent offence, to a fine of $1000 to $2000; (2) in the case of a corporation: (a) for a first offence, to a fine of $1000 to $2000; (b) for a subsequent offence, to a fine of $2000 to $4000. CHAPTER IV FEES FOR THE TREATMENT OF SEPTIC TANK AND CHEMICAL TOILET SLUDGE 19. It is prohibited to discharge, at purification works on the territory of the urban agglomeration of Montréal, septic tank sludge mixed with chemical toilet sludge, as well as septic tank sludge or chemical toiler sludge to which other types of waste were added. 20. It is prohibited to discharge septic tank or chemical toilet sludge elsewhere than at the location and according to the schedule prescribed by the director. 21. No person may, without an annual permit, discharge septic tank or chemical toilet sludge at purification works on the territory of the urban agglomeration of Montréal. 22. The issue of a permit under article 21 is conditional on: (1) the observance of conditions under section of the Act respecting the Communauté métropolitaine de Montréal (R.S.Q., chapter C-37.01); (2) the payment of fees under chapter IV of this by-law. 23. The permit under article 21 is valid for one year as of the date of issue and is renewable at each anniversary date. The director may, however, suspend or revoke a permit if the holder contravenes the standards under this by-law, the permit conditions under article 21, or the requirements under the by-law entitled Règlement sur l assainissement des eaux de la Communauté métropolitaine de Montréal, if he does not meet the requirements under sections to of the Act respecting the Communauté métropolitaine de Montréal (R.S.Q., chapter C-37.01), if he does not pay the fees imposed under chapter IV of this by-law, or if the permit was obtained or maintained in force on the basis of inaccurate information provided by or for the permit holder. RCG /7

8 24. Every application for a permit under article 21 must be filed in writing with the director and include the following information: (1) the name, address and phone number of the applicant and, if the applicant is a corporation or a cooperative association, a resolution of the board of directors authorizing the filing of the application; (2) the description of each tank truck used to transport or discharge septic tank or chemical toilet sludge, specifying, for each one, the make, model, year of manufacture, tank capacity, number of axles, and registration number. 25. The annual permit fees under article 21 of this by-law are set at $500 per tank truck used for the transportation and discharge of septic tank or chemical toilet sludge at purification works on the territory of the urban agglomeration of Montréal. The fees are payable on filing of the permit application referred to in article 24 of this bylaw, by certified cheque, bank draft or postal money order, to the order of Ville de Montréal. Fees for the financing of costs for the treatment of septic tank and chemical toilet sludge discharged at purification works on the territory of the urban agglomeration of Montréal are established under this by-law. The fees payable for discharges at purification works on the territory of the urban agglomeration of Montréal, of septic tank or chemical toilet sludge, are set as follows, depending on whether the dryness is: (1) below 5% ( or a mass density below kg/l); (2) between 5% and less than 10% (or a mass density of kg/l up to less than kg/l); (3) or a dryness of 10% or more (or a mass density of kg/l or more). Capacity of tank truck RCG /8 Fees ($) Dryness < 5 % Dryness of 5 % to < 10 % Dryness > 10 % 4.5 m 3 or less $115 $230 $ to 11.9 m 3 $185 $370 $ to 13.9 m 3 $225 $450 $ to 18.2 m 3 $275 $550 $ to 27.9 m 3 $440 $880 $1320

9 Capacity of tank truck Fees ($) Dryness < 5 % Dryness of 5 % to < 10 % Dryness > 10 % 28 m 3 and over $16.11 /m 3 $32.22 /m 3 $48.33 /m The contractor must obtain from the city sludge reception tickets corresponding to the capacity of tank trucks used, subject to the payment of the rates above, prior to the discharge of sludge at purification works. CHAPTER V ORDINANCES 27. The executive committee may, by ordinance: (1) alter the parameters specified in article 3, resulting in the obligation to hold a discharge permit; (2) alter the information required, as stipulated in article 4, when a discharge permit application is filed; (3) determine the methods of measurement, sampling, conservation and analysis, for the purposes of the fourth paragraph of article 14; (4) alter the fees set in article 25 of this by-law. CHAPTER VI COMING INTO FORCE AND OTHER PROVISIONS 28. This by-law repeals the By-law respecting the rate structure relating to the treatment of industrial wastewater (129) and the By-law respecting tariffing relative to the treatment of septic tank and chemical toilet sludges discharged at the purification works of the Community (145). 29. This by-law comes into force in accordance with the law, conditionally on the coming into force of the by-law entitled Règlement sur l assainissement des eaux de la Communauté métropolitaine de Montréal, and takes effect on January 1, The public notice relating to this by-law was posted at city hall and published in The Gazette on December 23, 2008, with the exception of articles 1, 3 to 11, 19 to 24 and 27, that were approved by the minister of Sustainable Development, Environment, Wildlife and Parks on December 13, The public notice relating to articles 1, 3 to 11, 19 to 24 and 27 of this by-law was posted at city hall and published in The Gazette on January 24, RCG /9

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