Northern Affairs (Community of Pine Dock Sewage Disposal Control) By-law No. 1/91

Northern Affairs (Community of Pine Dock Sewage Disposal Control) By-law No. 1/91, M.R. 140/91 The Northern Affairs Act , C.C.S.M. c. N100 Regulation 140/91 Registered June 25, 1991 bilingual version (HTML) WHEREAS The Northern Affairs Act , C.C.S.M. c. N100 provides in part as follows: 1 "local services" means services of a type that may be provided in a municipality at the expense, either wholly or partly of the municipality . . . and without limiting the generality of the foregoing includes (c) garbage and waste disposal facilities; 5(1) Subject to . . . other provisions of the Act . . . the minister has the powers, rights, privileges and duties that a municipality has within its boundaries and the minister shall exercise and perform these powers, rights, privileges and duties. 5(5) . . . where the exercise, or performance of the powers, rights, privileges or duties referred to . . . requires the passing of a by-law . . . the minister may make the by-law . . . . for and on behalf of . . . a community . . . .; AND WHEREAS The Municipal Act , C.C.S.M. c. M225, provides in part as follows: 330 The council of any municipality may pass by-laws, not inconsistent with The Public Health Act , The Clean Environment Act, or any other Act , or with the regulations made under any such Act, (b) for preventing the contamination of wells or springs that are in, or streams of water that are wholly or partly in, the municipality; (e) for compelling the removal and disposal of any thing that is found in the municipality and that the council deems to be dangerous to the health or lives of the residents . . .; 345(1) The council of any municipality may, pass by-laws, not inconsistent with The Public Health Act or any other Act of the Legislature or of the Parliament of Canada, or with regulations or orders duly made under any such Act, (a) subject to subsections (2) and (3), (i) for regulating the construction, maintenance and inspection of private drains, sewers, sinks, and cess-pools, and the manner of draining them; and (ii) for compelling the owners or occupiers of lands on which the works mentioned in subclause (i) are situated to fill up, repair, drain, clean out, or otherwise deal with them; [...] (c) for prohibiting, restricting, controlling, and regulating the placing or depositing of dirt, manure, paper, filth, rubbish, or other refuse on any private or public property, including a highway; (d) for compelling (i) the owner of any private property on which there has been deposited anything mentioned in clause (c), or (ii) the person who placed or deposited, or is responsible for the placing or depositing, of anything mentioned in clause (c) on private or public property, to remove it and, at his own expense, to place or deposit it in a disposal area, either in or outside the municipality, designated by the council; (e) for the removal, by the municipality, of anything mentioned in clause (c), and the placing or depositing of it in a place mentioned in clause (d); [...] (g) for regulating the disposal of animal carcasses and the placing of them in a disposal area, either in or outside the municipality, designated by the council; [...] (n) for regulating and controlling the use of nuisance grounds or other disposal areas; [...] (p) for requiring that all premises in the municipality be put and maintained in a sanitary condition; [...] (u) generally for preventing and abating public nuisances that, in the opinion of the council, are detrimental to the health or comfort of the residents of the municipality; and (v) for providing penalties for the breach of, or other means of enforcing, any by-law passed under this section; including the forcible removal of the occupants of any premises and the closing of the premises. 347(1) The council of any municipality may pass by-laws (a) for defining and classifying night soil, sewage, liquid waste, garbage, ashes, or other refuse; [...] (c) providing for the collection, removal, and disposal of night soil, sewage, or liquid waste, or of garbage, or of ashes, and other refuse, throughout the whole municipality or in designated areas of it; [...] 348 The council of any municipality may pass by-laws for (a) regulating the construction and maintenance of sewers; (b) regulating the construction, maintenance, and repair of the plumbing installed in any building, and all work connected therewith; (c) inspecting any sewer or sewer connection, or any pipe or apparatus or other thing connected therewith, or the plumbing installed in any building; (d) fixing the charge, if any, to be paid by the owner or occupant of any premises for any inspection made under clause (c). 349 Subject to The Environment Act , The Public Health Act , and any other Act of the Legislature or of the Parliament of Canada, and the regulations or orders duly made under any such Act, and without restricting the generality of section 330, the council of any municipality may pass by-laws for [...] (b) providing for, and regulating and controlling, the preliminary treatment of any sewage or other deleterious matter, substance, or thing, whether liquid or solid, before it is discharged into any stream, watercourse, drain, sewer, or sewerage system; (c) compelling any owner or occupant of land to construct and properly maintain such works as the council considers necessary for the proper treatment of any sewage or other deleterious matter, substance or thing, whether liquid or solid, before it is discharged into any stream, watercourse, drain, sewer, or sewerage system, and preventing any such discharge where such works have not been so constructed or are not so maintained; [...] 573(1) The following amounts are a lien upon land: (a) every amount authorized by this Act to be charged against any land; [...] (d) the amount of all rents and charges for (ii) work or services done or performed in respect of, that land; and shall be added by by-law, to the taxes shown on the tax roll to be charged and levied against the land and collected in the same manner in which ordinary taxes upon the land are collectable, and with the like remedies. 746 The council of any municipality may pass by-laws, (a) for inflicting fines and penalties, not exceeding $1,000., in addition to costs, for breach of any of the by-laws of the municipality; and (b) for inflicting punishment by imprisonment for breach of any of its by-laws, in case of non-payment of fine and costs inflicted for any such breach, for a period not exceeding 30 days. NOW THEREFORE, the minister, for and on behalf of the Community of Pine Dock, enacts as follows: Definitions 1 In this by-law, "Act" means The Northern Affairs Act ; («  Loi  ») "council" means the local committee of Pine Dock; (« conseil ») "fish carcass" includes any fish offal, or waste, or any by-product or liquid waste from the processing of fish; (« squelette de poisson ») "holding tank" means a watertight receptacle designed to retain sewage; (« réservoir ») "owner" means the registered owner of the land, except if the land is crown land, "owner" means the occupier of the crown land under The Crown Lands Act ; (« propriétaire ») "private system" means a system designed, installed and operated for the collection, holding, or treatment of sewage from a building and includes a holding tank, septic tank or septic field; (« réseau privé ») "sewage" means human body, toilet, liquid, waterborne culinary, sink or laundry waste, which enters a private system and includes fish carcasses. (« eaux d'égout ») SEWAGE COLLECTION AND DISPOSAL SYSTEM Authority to operate sewage collection and disposal system 2 The council is hereby empowered to operate and maintain a sewage collection and disposal system, and nuisance grounds in accordance with the Act, this regulation, and any licence issued by the Province. Collection by council mandatory 3(1) The council shall collect and dispose of all sewage from private systems under the jurisdiction of the council unless, in the opinion of council, the location of the private system is such that it cannot be serviced by mobile pump-out equipment. 3(2) If a private system cannot be serviced by mobile pump-out equipment, the owner of the land where the private system is located is responsible for the collection and disposal of the sewage and (a) must obtain the approval of council before collecting or disposing of the sewage; and (b) must dispose of the sewage in accordance with section 6 of this by-law. Charges for sewage collection and disposal 4(1) The owner of the land where the private system is located shall pay the charges for the sewage collection and disposal as set out in the Schedule. 4(2) All charges are due and payable to the council upon receipt of an invoice from the council. 4(3) All amounts due and payable including interest and penalties are a lien against the land until paid. 4(4) The council may collect any amounts due and payable in a court of competent jurisdiction. 4(5) Any amounts outstanding and unpaid at the end of the calendar year in which they were incurred, shall be added to the taxes for that land and collected in the same manner as land taxes. Contracts for sewage collection and disposal 5 The council may in accordance with the policies of the department of government over which the minister presides enter into a contract with any person with respect to all or any portion of the work required to operate and maintain a sewage collection and disposal system. M.R. 115/2025 Sewage to be deposited in treatment facility or nuisance grounds 6 A person who collects sewage from a private system shall (a) deposit the sewage, other than sewage from fish carcasses, in the sewage treatment facility operated by the council, during the times and in the manner and in the amounts as council may determine for the proper operation of the sewage treatment facility; and (b) deposit sewage from fish carcasses in the pit provided for that purpose in the nuisance grounds. Other deposits of sewage prohibited 7 No person shall deposit sewage in any location other than as provided in section 6. Collection and disposal of sewage from outside community 8(1) The council may, by resolution, enter into an agreement with a person respecting (a) the operation of a mobile sewage pump-out service in an area beyond the jurisdiction of the council and the fees to be charged for this service; and (b) the depositing of sewage from outside the area under the council's jurisdiction into the sewage treatment plant or nuisance ground within the council's jurisdiction and the fees to be charged for this service. 8(2) An agreement under subsection (1) shall provide that any damage that occurs as a result of depositing sewage in the sewage treatment plant is the responsibility of the person who enters into the agreement with council. STANDARDS FOR PRIVATE SYSTEMS Requirements for holding tanks 9(1) Subject to section 10, on the coming into force of this by-law, no person shall install, use or permit the use of a private system for the collection of sewage from a building unless the private system is a holding tank that meets the requirements of this section. 9(2) The holding tank shall (a) be watertight; (b) have a minimum total capacity of 4,500 litres; and (c) if prefabricated, bear a valid stamp or mark indicating certification by the Canadian Standards Association (Standard CAN 3-B66-M85 or latest revised edition). 9(3) The holding tank shall be located within the property or lot lines (a) so as to allow a mobile pump-out vehicle to come within 15 metres of the manhole on the holding tank; and (b) so that a fully loaded mobile pump-out vehicle can be safely driven on the owner's property. 9(4) The holding tank shall be set back at least the distance indicated, from the following: (a) Building Existing private systems 10 If a private system is in existence on the coming into force of this by-law, the owner of the land where the private system is located shall comply with section 9 by September 1, 1991 unless (a) in the opinion of council, the location of the private system is such that it cannot be serviced by mobile pump-out equipment; and (b) the owner obtains the written approval of council waiving the requirements of section 9. Council approval required 11(1) Prior to commencing any work to install or maintain a private system, a person shall obtain the written approval of council. 11(2) A person shall give council at least three working days notice if the person requires (a) a special pump-out; (b) an inspection; or (c) approval to bury or close a private system. Owner responsible for contractor's work 12 A contractor or other person employed by the owner is deemed to be an agent of the owner and the owner is responsible for all actions of the contractor with respect to work carried out on a private system. Inspection and action by council 13 Council may direct its engineer or a person authorized by council to (a) inspect a private system at any reasonable time to ensure compliance with this by-law; or (b) take such action considered necessary to ensure compliance with this by-law. Owner responsible for costs 14 An owner is responsible for all costs incurred in complying with this by-law. Penalty 15(1) A person who breaches or fails to comply with any provision of this by-law is guilty of an offence and is liable to a fine not exceeding $300. and in default of payment of the fine, to imprisonment for not more than one month. Continuing offence 15(2) If a breach or a failure to comply with any provision of this by-law continues for more than one day, the offender is guilty of a separate offence for each day that the breach or failure continues. WHEREAS the council requests the minister to enact the by-law as signified by the following: 1st reading of the by-law by the Local Committee of Pine Dock this 15th day of January, 1991. Resolution # 90/131; 2nd reading of the by-law by the Local Committee of Pine Dock this 28th day of January, 1991. Resolution # 90/141; 3rd reading of the by-law by the Local Committee of Pine Dock this 25th day of February, 1991. Resolution # 90/150. SCHEDULE A (section 4) SCHEDULE OF CHARGES Regular pump-out 1(1) During normal working hours from 8:00 am to 12:00 noon and 1:00 pm to 4:00 pm, Monday to Friday, pump-outs shall be provided to premises on an as required, or as scheduled basis; 1(2) Regular commercial pump-outs during normal working hours for commercial establishments that require more than 8 regular pump-outs a month shall be provided to premises on an as required, or as scheduled basis; Special pump-out 2 Special pump-outs provided to premises after hours or on weekends: Damage to equipment 3 Damage to equipment operated by or on behalf of council, as a result of material other than sewage in the private system will be charged to the owner at the cost of repair as shown on the actual invoice, plus 15%. Interest 4(1) An interest rate of 1% per month shall be charged on all unpaid accounts. 4(2) The interest rate on unpaid amounts that are added to the land taxes shall be calculated at the same rate of interest and in the same manner as calculated for unpaid taxes.