Letter dated June 12, 2015 from L. Ackerman, Chair, Peace River Regional District, Re: Order in Council No. 148
A letter from L. Ackerman, Chair of the Peace River Regional District, concerning Order in Council No. 148.
BYLAW NO. 902, 2015
A BYLAW TO PROVIDE FOR THE REGULATION OF THE USE OF THE DRAINAGE SYSTEM AND DISPOSITION OF STORM WATER
WHEREAS the Council of the Town of View Royal deems it necessary to establish a Drainage System and to provide for the regulation of the use of the Drainage System and disposition of storm water;
NOW THEREFORE the Council of the Town of View Royal, in open meeting assembled, ENACTS as follows:
SHORT TITLE
This Bylaw may be cited for all purposes as the "Storm Water Regulation Bylaw No. 902, 2015".
DEFINITIONS
In this Bylaw, unless the context otherwise requires:
"Approved" means approved by the Town Engineer;
"Backflow Prevention Device" means a device that prevents the reversal of flow from a pipe, receptacle, or storage container into a water supply system;
"Best Management Practices" or "BMPs" means the practices to prevent and reduce Non-Storm Water Discharges or to filter, treat, or absorb contaminants in Storm Water to the maximum extent practicable;
"Building" means a structure, either temporary or permanent, having a roof or other covering and used or made for the shelter or enclosure of persons, animals or chattels;
"Contaminant" means any substance that is hazardous to health or safety, injurious to the welfare of animals or plants, or impairing the quality of any Storm Water or watercourse or water body;
"Contaminated Storm Water" means any Storm Water that contains any Contaminant;
"Council" means the Council for the Town of View Royal;
"Dangerous Good" means a product, substance or organism included by its nature or by the regulations in any of the classes listed in the schedule to the Transport of Dangerous Goods Act, S.C. 1992, c.34 as amended from time to time;
"Detention Pond" means a basin or pond which is temporarily used to store Storm Water runoff from a specific site during and after a storm event;
"Director of Development Services" means the person appointed by Council as the Director of Development Services for the Town of View Royal, and includes a person designated by the Director of Development Services to act in the Director of Development Services' place;
"Discharge" means the introduction of a substance into any component of the Storm Water Drainage System or watercourse, whether directly or indirectly, through surface runoff or through private or public drainage works;
"Drainage System" means the Storm Water Drainage System and includes the following:
a. any main, pipe, ditch, culvert, gutter, channel, drain, storage facility or structure, that is part of a storm sewer system that is owned, operated, or maintained by the Town; b. any natural watercourse or constructed channel located on Town land or on which the Town has a registered interest for the conveyance of Storm Water, and includes any ditch, culvert, pipe or similar structure within or adjacent to a highway; c. any pumping station, engineered Storm Water facility, or other works designed for the conveyance of Storm Water and owned, operated or maintained by the Town, including but not limited to, pipes, manholes, access structures, or devices used to direct flow, measure flow, or control flow, whether located above or below ground; and d. any private Storm Water Management Works within the Town that conveys Storm Water for ultimate Discharge into the Drainage System or watercourse;
"Excavation" means the digging, removal, disturbance, or stockpiling of any fill, overburden, or soil, including any drilling, blasting, or dredging;
"Hazardous Waste" means a product, substance or organism included by its nature or by the regulations in any of the classes listed in the schedule to the Environmental Management Act, S.B.C. 2003, c.53 as amended from time to time;
"Illicit Connection" means any direct or indirect connection, cross-connection, or by-pass that allows a Non-Storm Water Discharge to be discharged into the Drainage System;
"Impervious Surface" means a surface that prevents or retards the infiltration of water into the soil below the surface, including without limitation, rooftops, sidewalks, patios, decks, parking areas, driveways, roadways, storage areas, compacted gravel or fines, and other similar surfaces;
"Liquid Waste" has the same meaning as in the Sewer Bylaw of the Town of View Royal, as amended from time to time;
"Maintenance" means any work that is required to be performed to keep a Drainage System or Storm Water Management Work in Approved working condition as designed;
"Non-Storm Water Discharge" means any Discharge to the Drainage System that is not composed entirely of Storm Water, and includes any Discharge of:
a. potable water line flushing; b. landscape irrigation; c. diverted stream flows; d. rising ground water; e. uncontaminated ground water infiltration; f. uncontaminated pumped ground water; g. discharges from foundation drains; h. air conditioning condensation; i. irrigation water; j. springs; k. water from crawl space pumps; l. footing drains; m. water from non-commercial car washing; n. flows from riparian habitats and wetlands; o. swimming pools that have been dechlorinated and/or salt free pools where the Discharge temperature is less than 28°C and pH is between 6.5 and 8.5; or p. water used in agricultural activities; but does not include any Contaminated Storm Water;
"Occupier" means the person in physical possession of a property, and includes, without limitation, a tenant or other lessee;
"Owner" means a person who is registered as the owner of an estate in fee simple of land, and includes:
a. a registered holder of the last registered agreement for sale; b. a registered holder of a lease of the land for a term of three (3) years or more; and c. if the owner is unknown or cannot be found, the person who is in possession of the land;
"Pervious Area" means any part of a lot that is not covered by an Impervious Surface;
"Premises" means the whole or any part of any building, structure, land, or other place;
"Professional Engineer" means a professional engineer who is a member of the Association of Professional Engineers and Geoscientists of British Columbia and who is licensed to practice as a professional engineer in the Province of British Columbia;
"Qualified Environmental Professional" or "QEP" means a person who:
a. is registered and in good standing in British Columbia with an appropriate professional organization constituted under an Act, and b. whose professional expertise is recognized to be relevant to the subject matter, and c. who is acting within the person's area of expertise;
"Rainwater Harvesting" means the collection and storage of rainfall runoff for beneficial use;
"Remedial Action" means any action required or performed to correct a contravention of this Bylaw or to mitigate damage caused by a contravention of this Bylaw;
"Resilience" means the capacity of the Drainage System to recover quickly from difficulties, and to manage change and risk to the extent practicable;
"Retention Pond" means a basin or pond which is permanently used to store Storm Water runoff from a specific site during and after a storm event;
"Riparian Area" has the same meaning as in the Riparian Areas Regulation B.C. Reg. 376/2004, as amended from time to time;
"Storm Water" means the runoff generated by precipitation, and includes melting snow and ice;
"Storm Water Management Plan" means a plan that provides for the protection of water quality and quantity and aquatic ecosystem health through an integrated and comprehensive approach to Storm Water Management;
"Storm Water Management Works" means any constructed or natural feature, device, or works, including ponds, swales, ditches, wells, pipes, wetlands, rain gardens, engineered Storm Water facilities, or other works designed for the conveyance, detention, retention, or other management of Storm Water, whether located above or below ground;
"Town" means the Town of View Royal;
"Town Engineer" means the person appointed by Council as the Town Engineer for the Town of View Royal, and includes a person designated by the Town Engineer to act in the Town Engineer's place;
"Watercourse" means any natural stream, creek, or channel in which water flows continuously or intermittently, and includes the bed and shore of the watercourse and any Riparian Area related to the watercourse; and
"Watercourse Permit" means a Watercourse Development Permit issued under the Town of View Royal's Zoning Bylaw.
ADMINISTRATION
The Town Engineer is hereby charged with the administration and enforcement of this Bylaw.
PROHIBITIONS
4.1 No person shall Discharge any Contaminant or Contaminated Storm Water into the Drainage System or watercourse, unless expressly authorized by a permit, licence, or order issued by the Province of British Columbia or Government of Canada, and approved by the Town Engineer.
4.2 No person shall Discharge any Liquid Waste or Hazardous Waste into the Drainage System.
4.3 No person shall create an Illicit Connection.
4.4 No person shall cause or permit an Illicit Connection to be or remain in existence.
4.5 No person shall Discharge any Non-Storm Water Discharge into the Drainage System unless that Non-Storm Water Discharge consists entirely of one or more of the following:
a. potable water line flushing; b. landscape irrigation; c. diverted stream flows; d. rising ground water; e. uncontaminated ground water infiltration; f. uncontaminated pumped ground water; g. discharges from foundation drains; h. air conditioning condensation; i. irrigation water; j. springs; k. water from crawl space pumps; l. footing drains; m. water from non-commercial car washing; n. flows from riparian habitats and wetlands; o. swimming pools that have been dechlorinated and/or salt free pools where the Discharge temperature is less than 28°C and pH is between 6.5 and 8.5; or p. water used in agricultural activities.
4.6 No person shall Discharge any Non-Storm Water Discharge referred to in section 4.5 if it contains any Contaminant.
4.7 The Owner and Occupier of Premises shall be responsible for ensuring that all Storm Water, or Non-Storm Water Discharge permitted under section 4.5, originating from the Premises does not enter the Storm Water Drainage System in a manner that:
a. causes or contributes to flooding, erosion, sediment build up, or environmental damage to the Storm Water Drainage System or watercourse; or b. causes or contributes to the degradation of a fish habitat.
4.8 No person shall obstruct, block, damage, or interfere with the flow of water in a Drainage System or watercourse.
4.9 No person shall obstruct, block, damage, or interfere with any part of a Drainage System or Storm Water Management Works, including, without limitation, the placing of any debris or other material into any part of the Drainage System or Storm Water Management Works.
4.10 No person shall interfere with, obstruct, remove, or damage any sign or notice erected for the proper operation or identification of the Drainage System.
4.11 No person shall remove vegetation from or alter the bed, banks, or boundaries of a watercourse or its Riparian Area, except as expressly permitted by a Watercourse Permit or other permit, licence, or order issued by the Province of British Columbia or Government of Canada, and approved by the Town Engineer.
4.12 No person shall deposit or Discharge or cause or permit to be deposited or Discharged any Contaminant or Contaminated Storm Water on any Premises, roadway, or lane, or other public or private property so that it may enter the Drainage System or a watercourse.
4.13 No person shall Excavate on, alter, or otherwise disturb any part of the Drainage System or Storm Water Management Works, unless expressly authorized by a permit, licence, or order issued by the Province of British Columbia or Government of Canada, and approved by the Town Engineer.
BEST MANAGEMENT PRACTICES
5.1 The Owner and Occupier of Premises shall implement and maintain Best Management Practices on the Premises to prevent, reduce, or minimize the Discharge of Contaminants or Contaminated Storm Water into the Drainage System or watercourse, or to reduce the quantity of Storm Water Discharge from the Premises, including, without limitation:
a. the installation and Maintenance of Backflow Prevention Devices; b. the installation and Maintenance of systems that reduce or prevent the Discharge of Contaminants into the Drainage System or watercourse, including, without limitation, oil-water separators, sumps, filters, detention or Retention Ponds, or Rainwater Harvesting systems; c. the prevention of spills of hazardous or prohibited substances; d. the proper storage of hazardous or prohibited substances; e. the proper use, handling, and disposal of hazardous or prohibited substances; f. the proper cleaning and Maintenance of catch basins; g. the planting of vegetation for the purpose of controlling erosion; h. the installation and Maintenance of infiltration or evapotranspiration systems; i. the reduction of the amount of Impervious Surfaces; j. the reduction of the velocity of Storm Water flow; k. the treatment of Storm Water and surface runoff; and l. such other practices as may be required by the Town Engineer.
5.2 If the Town Engineer is of the opinion that the Best Management Practices on a Premises are insufficient to prevent, reduce, or minimize the Discharge of Contaminants or Contaminated Storm Water into the Drainage System or watercourse, or to reduce the quantity of Storm Water Discharge from the Premises, the Town Engineer may notify the Owner and Occupier of the Premises, in writing, of any additional Best Management Practices that are required to be implemented and maintained by the Owner and Occupier of the Premises.
5.3 The Owner and Occupier of the Premises shall implement and maintain the additional Best Management Practices referred to in section 5.2 within the period specified in the notice, or, if no period is specified, within a reasonable period of time.
5.4 The Town Engineer may exempt an Owner or Occupier from the requirement of section 5.1 if, in the opinion of the Town Engineer, the Discharge of Contaminants or Contaminated Storm Water is otherwise being effectively prevented, reduced, or minimized.
STORM WATER MANAGEMENT PLANS
6.1 The Town Engineer may require an Owner to submit a Storm Water Management Plan for the Premises if:
a. the Premises is within a Development Permit Area for which a Storm Water Management Plan is required under the Town's Zoning Bylaw; b. the Premises is located within a sensitive environmental area that is susceptible to flooding, erosion, or environmental damage caused by Storm Water; or c. the Town Engineer is of the opinion that the nature of the development or the proposed development of the Premises warrants a Storm Water Management Plan.
6.2 The Storm Water Management Plan shall:
a. be prepared by a Professional Engineer or Qualified Environmental Professional; b. identify how Storm Water will be collected, conveyed, detained, treated, and Discharged to meet all requirements of this Bylaw; c. identify all existing and proposed Storm Water Management Works, including, without limitation, Detention Ponds, Retention Ponds, and Rainwater Harvesting systems; d. be compatible with the Town's long term Storm Water Management strategy and other relevant Town Plans; e. identify Best Management Practices that will be used to protect water quality and quantity and aquatic ecosystem health during and after construction, and to prevent, reduce, or minimize the Discharge of Contaminants or Contaminated Storm Water into the Drainage System or watercourse, or to reduce the quantity of Storm Water Discharge from the Premises; f. identify Best Management Practices that will be used to ensure the Resilience of the Drainage System to manage future climate change impacts to the extent practicable; g. identify how erosion and sediment control will be achieved during and after construction; h. include a maintenance plan for all Storm Water Management Works; i. include such other information as required by the Town Engineer.
6.3 The Town Engineer may approve the Storm Water Management Plan if the Town Engineer is satisfied that the Storm Water Management Plan meets the requirements of this Bylaw.
6.4 The Owner shall implement the Storm Water Management Plan, and any Storm Water Management Works identified in the Storm Water Management Plan, within the period specified by the Town Engineer.
6.5 The Owner shall maintain all Storm Water Management Works identified in the Storm Water Management Plan in accordance with the maintenance plan provided in the Storm Water Management Plan.
6.6 The Town Engineer may amend a Storm Water Management Plan if the Town Engineer is of the opinion that the Storm Water Management Plan is no longer adequate to meet the requirements of this Bylaw.
6.7 The Owner shall implement the amended Storm Water Management Plan within the period specified by the Town Engineer.
INSPECTION
7.1 The Town Engineer, or a person designated by the Town Engineer, may enter and inspect any Premises, at all reasonable times, for the purpose of ensuring that the provisions of this Bylaw are being complied with.
7.2 A person who enters and inspects a Premises under this Bylaw must:
a. produce identification to the Owner or Occupier of the Premises; b. not enter a part of the Premises that is being used as a dwelling unless: i. the consent of the Occupier of that part has been obtained; or ii. the person has obtained an order from the Provincial Court or Supreme Court under section 16 of the Community Charter, S.B.C. 2003, c.26; and c. not use force to enter or inspect a Premises.
7.3 If a person acting under the authority of this Bylaw takes samples or removes any thing from a Premises, he or she must:
a. give a receipt for the samples or thing to the Owner or Occupier of the Premises; b. return the thing removed to the Owner or Occupier of the Premises when the purposes for which it was taken are accomplished; and c. take reasonable care to minimize damage to the Premises.
7.4 If the Town Engineer, or a person designated by the Town Engineer, conducts an inspection of a Storm Water Management Work on private property, the Owner or Occupier of the Premises where the Storm Water Management Work is located shall pay the Town's costs for the inspection within thirty (30) days of the date of the invoice.
7.5 If the Owner or Occupier fails to pay the Town's costs for the inspection in accordance with section 7.4, the costs may be added to and form part of the taxes payable in respect of the Premises.
ENFORCEMENT AND REMEDIAL ACTION
8.1 If the Town Engineer is of the opinion that a person is contravening a provision of this Bylaw, or that a condition or thing exists that is a contravention of this Bylaw, the Town Engineer may, by notice in writing, require the person to remedy the contravention.
8.2 The notice referred to in section 8.1 must:
a. be given to the Owner or Occupier of the Premises; b. describe the contravention; c. state the date by which the contravention must be remedied; and d. state that if the contravention is not remedied by the date specified, the Town may perform the Remedial Action at the expense of the Owner or Occupier.
8.3 If the contravention is not remedied by the date specified in the notice, the Town may, by its employees or others, enter the Premises and perform the Remedial Action.
8.4 If the Town performs a Remedial Action under this Bylaw, the costs incurred by the Town in performing the Remedial Action are the responsibility of the Owner and Occupier of the Premises.
8.5 The costs referred to in section 8.4 include, without limitation, the actual cost of materials, equipment, and labour (including all applicable surcharges), and administrative costs in the amount of twenty-five percent (25%) of the actual costs of materials, equipment, and labour.
8.6 The Owner and Occupier shall pay the costs referred to in section 8.4 within thirty (30) days of the date of the invoice.
8.7 If the Owner or Occupier fails to pay the costs referred to in section 8.4 in accordance with section 8.6, the costs may be added to and form part of the taxes payable in respect of the Premises.
8.8 Where the Town Engineer is of the opinion that a contravention of this Bylaw constitutes an immediate and serious danger to the health, safety, or welfare of any person, or to the environment, the Town Engineer may, without prior notice, enter onto the Premises and take the necessary Remedial Action.
OFFENCES AND PENALTIES
9.1 Every person who contravenes any provision of this Bylaw commits an offence.
9.2 Every day that an offence continues is a separate offence.
9.3 Every person who commits an offence under this Bylaw is liable on summary conviction to a fine of not less than $250.00 and not more than $10,000.00.
9.4 In addition to any penalty imposed under this section, a person who commits an offence under this Bylaw may be ordered to pay to the Town any costs incurred by the Town in taking Remedial Action under this Bylaw.
REPEAL
10.1 "Drainage Bylaw No. 511, 2003" is hereby repealed.
10.2 Notwithstanding section 10.1, any notices issued or actions taken under "Drainage Bylaw No. 511, 2003" shall be deemed to have been issued or taken under this Bylaw.
READ A FIRST TIME THIS 23rd DAY OF JUNE, 2015. READ A SECOND TIME THIS 23rd DAY OF JUNE, 2015. READ A THIRD TIME THIS 23rd DAY OF JUNE, 2015. ADOPTED THIS 7th DAY OF JULY, 2015.
MAYOR
CORPORATE OFFICER