March 29, 1999

To:Works and Utilities Committee

From:Barry H. Gutteridge, Commissioner, Works and Emergency Services

Subject:City of Toronto Draft Sewer Use By-law (all wards)

Purpose:

To advise the Committee of the content of the draft consolidated Sewer Use By-law for the new City of Toronto which harmonizes the former Cities' and Metro's Sewer Use By-laws into the Province's draft Model Sewer Use By-law and incorporates pollution prevention planning requirements for industries. Further, this report will recommend a Public Consultation Plan for obtaining comments on the draft Sewer Use By-law from industries, interest groups and the public before recommending a final Sewer Use By-law to your Committee for approval.

Funding Sources, Financial Implications and Impact Statement:

The initial cost of carrying out the by-law consultation phase with the public, interest groups, industries and affected agencies, boards and commissions has been included in the 1999 Sewer Operating Budget. The City's Communication staff will co-ordinate this phase of the process. It is planned, however, to include the draft by-law on the City's corporate Internet Web site as a communication method and means of obtaining comments from the public on the draft by-law.

Recommendations:

It is recommended:

(1)that the draft Sewer Use By-law be approved for publication and staff be authorized to consult with the public, industries, interest groups and affected agencies, boards and commissions on the draft Sewer Use By-law; and

(2)that staff be authorized to apply for a contribution of at least 50 per cent of the start-up and implementation support costs from Environment Canada.

Council Reference/Background/History:

The Works and Transportation Services Review Team in their report on Service Levelling to the Transition Team identified several services and by-laws that have a direct impact on the public. Each of the former municipalities, including Metro, had Sewer Use By-laws for the control of sewage and storm water discharge into the sewer systems. The need to harmonize these by-laws and create a new sewer use by-law has been identified as one of the service levelling issues.

With respect to harmonization issues, City Council, on November 25, 26 and 27, 1998, recommended that:

(1)all reports on harmonization be first submitted to the Community Councils for comment, prior to consideration of such reports by Standing Committees; and

(2) comments from Community Councils be included in the reports to Standing Committee.

In this regard, it is proposed to include this Draft By-Law on their May 26th and 27th, 1999 agenda.

With regard to the Pollution Prevention section of the Draft By-Law, The former Metro's Environment and Public Space Committee on June 17, 1996, had before it a report (June 3, 1996) from the Commissioner of Works responding to the communication from Councillor Ila Bossons, which forwarded correspondence from the World Wildlife Fund respecting the Pollution Prevention initiatives and the resulting impact on the quality of sewage sludge under Sewer Use By-law No. 153-89.

This Committee received the aforementioned report; and requested the Commissioner of Works to submit a report in six months' time on:

(1)the progress that both Metro staff and the Province of Ontario are making in terms of Pollution Prevention initiatives around regulating waste being discharged into Metro sewers; and

(2) means by which householders and industrial and commercial sector firms can be educated to use alternatives to toxic chemicals.

The former Metro's Environment and Public Space Committee on January 13, 1997, had before it a report (December 31, 1996) from the Commissioner of Works respecting the progress being made by both Metro staff and the Province of Ontario in terms of Pollution Prevention initiatives around regulating waste being discharged into Metro sewers, and the means by which homeowners and industrial and commercial sectors firms can be educated to use alternatives to toxic chemicals, as requested by the Committee on June 17, 1996.

This Committee received the aforementioned report and requested the Commissioner of Works for a report to the former Metro's Environment and Public Space Committee to:

(1)develop draft amendments to By-law No. 153-89 (former Metro's Sewer Use By-law) which incorporate a requirement for Pollution Prevention planning and the requirement for dischargers to have permits issued by Metro;

(2) develop a phase-in plan which will target priority toxins and the industries which discharge them; and

(3)analyse the incremental costs of implementing, supporting and enforcing a Pollution Prevention-based by-law, as well as outline options for financing.

Comments and/or Discussion and/or Justification:

Draft Sewer Use By-law

On June 1, 1998, the Ministry of the Environment (MOE) released a draft Model Sewer Use By-law for public comments. The MOE's Model By-law has undergone several revisions since the initial release, however, there is still no indication as to when it will be finalized. Staff have used the latest revision of the MOE's by-law as the basis for the new draft City Sewer Use By-law. Further, the new draft Sewer Use By-law is a harmonization of all the sewer use by-laws of the former six area municipalities and Metro Toronto. Included in this draft By-law are garbage grinders, grease interceptors, oil interceptors, sediment interceptors and sewer connections to address districts' operations and maintenance, and stormwater management issues, and quality restrictions to address sewage treatment issues and incorporates the issues requested by the former Metro's Environment and Public Space Committee's requests respecting Industrial Pollution Prevention Strategies.

A major distinction between our draft By-law and the MOE draft Model By-law is that we have incorporated a section on pollution prevention planning requirements. We have worked cooperatively with the World Wildlife Fund over the past two years in drafting the Industrial Pollution Prevention Section of the draft By-law.

The draft By-law has been circulated for comments within the City Departments, including the Building and City Legal Departments, as well as the MOE for their comment. As a result of comments which have been made on the initial drafts, we have now completed a fourth draft (April, 1999), a copy of which is attached. The following modifications to the MOE draft Model Sewer Use By-law have been incorporated along with harmonized by-laws from the former municipalities and Metro for your consideration:

(1)Part 2 - Sanitary and Combined Sewer Requirements

The draft By-law has more stringent limits on chromium, copper, lead, mercury, nickel, selenium, and zinc, while the MOE's Draft Model Sewer Use By-law has either the same limits as their 1988 Model or not as stringent as ours. We also included 29 organics, of which 17 are found in trace amounts in either our influent, effluent or sludge, and 12 are on the Canada Ontario Agreement (COA) Tier I and Tier II Substances Lists. MOE only has 10 organics under Part 2. Twenty times Provincial Water Quality Objectives (PWQO) is used to set limits for the 17 organic compounds, and 10 times Method Detection Limit (MDL) is used to set limits for the 12 organics listed under COA Tier I and II.

The objective of setting more stringent metal limits and new organic limits is to protect water quality and ensure that the quality of our biosolids will not only meet the biosolids guideline but exceed it, so that the farming community will have no problem accepting our biosolids.

Our current By-law and the draft MOE Model By-law both have a pH range of 6.0to 10.5. Lower pH (acidic) discharges will attack and disintegrate metal and concrete pipes and structures. High pH values are more tolerable and therefore we are recommending to raise the pH to 11.5 from 10.5. The rationale for this is to allow electroplaters, who sometime have to raise the pH over 10.5 to effect precipitation of some metals, not to have to then bring the pH down to below 10.5 using strong and corrosive acid to meet our By-law limit. This would avoid workers' exposure to this hazardous chemical and to prevent the overuse of this acid which will turn their effluent too acidic and corrode the sewer.

We are proposing to get rid of the 15 mg/L limit on mineral and synthetic oil and grease and just go with a limit of 150 mg/L for total oil and grease (animal and vegetable plus mineral and synthetic). The differentiation of sources of oil and grease is not significant. Our analytical method is unable to distinguish between oxygenated or hydrogenated vegetable oil from mineral or synthetic oil and grease and thus render the analysis unreliable.

(2)Part 4 - Storm Sewer Requirements

The draft by-law has limits on the conventionals (suspended solids, biochemical oxygen demand, etc.), metals, and organics. The limits are set either using current By-law limits or four times MDL to protect aquatic life. The MOE draft Model sets no limits, instead they stipulate that any discharge to a storm sewer may not impair the quality of the receiving water. We disagree with this approach, as to prove impairment would not be an easy task. Our approach is much easier to enforce. Once the discharger exceeded the numerical limits, unless they can prove that they had exercised due diligence, then they are guilty of the offence.

(3)Part 5 - Pollution Prevention Planning

The City of Toronto will be one of the first municipalities in Canada to incorporate Pollution Prevention (P2) planning requirements into their Sewer Use By-law. Eleven metals and twenty nine organic compounds/groups of compounds are to be addressed by P2 planning. These parameters are listed in Appendix 2 of the draft By-law. Companies which discharge these metals and organic compounds are required under the proposed By-law to prepare a detailed P2 plan every five years and submit a P2 plan summary annually. Details of the P2 plan requirements and the P2 plan summary formats are provided in Appendices 3 and 4 of the proposed By-law. The objective of P2 planning is to help industries identify ways of reducing and/or eliminating the creation of pollutants and wastes at source. Many of these pollutants which include metals and organic compounds negatively impact the quality of biosolids and consequently the biosolids reuse program. In this regard, it is important that Pollution Prevention Planning be phased-in for the industries discharging these metals and organic compounds.

End-of-pipe treatment, dilution, or transfer of pollutants from one phase, e.g. liquid to other phases such as air or solid wastes, are not qualified as P2 planning. P2 can be achieved by different means such as through material substitution, process modification, product reformulation, recycling hazardous substances within process, and maintaining good housekeeping practices, etc. The P2 plan will be carried out in a phased-in schedule according to Appendix 1 of the By-law. Industries with the greatest potential to negatively impact biosolids quality will be targeted first, i.e.

P2 Due DateCategory

June, 2000 Metal finishers, electroplaters, printed circuit board firms

December, 2000Industrial launderers, printing, publishing and allied industries

June, 2001Organic chemicals, soaps and detergents, rubber and plastic products, leather and leather products

We are following the State of New Jersey model in requiring industries to prepare P2 plans. A P2 Plan Summary will be submitted to the City for review and approval. The Draft Sewer Use By-Law requires industries in the categories referred to above to submit Pollution Prevention Plans however, the implementation of the plans will be voluntary. Experience in the U.S. shows that over 90% of the companies that prepare P2 plans implement all or parts of the plans.

In 1995, the New Jersey Department of Environmental Protection asked 42 facilities they visited to estimate the time and cost of preparing their P2 plans. The majority (74%) of facilities chose to prepare the P2 plans themselves while 26% used consultants. Of the 42 facilities visited, 20 were able to provide an estimate of their direct costs of preparing a P2 plan. The total cost estimates for all 20 facilities ranged from $1,000 to $50,000, with one at $100,000 and one at $200,000.

Well designed pollution prevention activities actually provide a business advantage. For instance, Inform Inc.'s study, as reported by the industry trade paper Chemical Week, concluded that "Investment to reduce toxic wastes at the source often have extraordinary financial rewards." Of the 38 pollution prevention projects examined, 24 had fully paid back the initial investment in six months or less.

To assist companies to comply with the P2 planning requirements, we are proposing to contract the Canadian Centre for Pollution Prevention (C2P2) from Sarnia, to provide support and training services. This is a non profit organization originally formed in 1992 by Environment Canada. Its current membership includes cities, universities and industries interested in promoting and adopting Pollution Prevention Programmes. It serves as an information and training centre for Pollution Prevention strategies. The estimated cost for the following services is $55,000.00 with a possible 50% subsidy from the Federal Government through a Great Lakes 2000 Clean-Up Fund.

Guidance Manual

A guidance manual to explain the pollution prevention requirements of the City's By-law and show how to complete the detailed Pollution Prevention Plan and Pollution Prevention Plan Summary.

Industrial Sector Training

A series of half day training sessions for each "subject sector" will be delivered over the phase-in period. The Guidance Manual will be the main resource used in delivering the training sessions. Additional research will be conducted to identify pollution prevention resources that would be useful for the sector.

Industries will learn:

• the pollution prevention planning requirements in the City of Toronto
• the business benefits of pollution prevention
• to identify and evaluate pollution prevention opportunities
• to complete a pollution prevention plan and pollution prevention plan summary
• the tools that can support pollution prevention planning, e.g. software, total cost assessment, information providers, etc.
• where to get ongoing support

Information Support Line

Easy access to the right information is essential if business are to adopt pollution prevention as the most effective means of eliminating wastes. The C2P2 will operate a 1-800 telephone enquiry service to: address administrative questions on the P2 planning requirements of the By-law, for sectoral training session registration, to respond to technical and pollution prevention related questions, and refer industries to sectoral experts.

Internet Support

If businesses are to adopt "at source" practices, information must be in a usable format. A growing number of businesses are using on-line resources in their day-to-day businesses. An Internet site could be a very valuable and efficient mechanism to:

• address common questions about the P2 planning requirements
• distribute the Guidance Manuals
• link to technical resources for the subject sectors

The C2P2 has extensive experience in designing and maintaining current Internet sites, and advocates the use of the Internet to support smooth P2 planning and implementation.

(4)Part 6 - Agreements

Currently we only surcharge three parameters, i.e. suspended solids, BOD, and phenolics (4AAP). We are proposing to add total oil and grease and phosphorus. For the total oil and grease parameter, we would surcharge mainly the animal and vegetable type oil and grease, which is readily biodegradable. We will use our discretion in deciding whether to surcharge mineral and synthetic type oil and grease. The decision will be based on the Chemical Oxygen Demand (COD) to BOD ratio. If the ratio is more than 10 then there is a good indication of the presence of non-biodegradable component and we would refuse to surcharge such type of oil and grease.

We currently spend approximately $2 million in the use of iron salts to reduce phosphorus from our effluents to 1 milligram per litre to meet Ministry of the Environment's requirement under their Certificate of Approval. We propose to recover part of that cost by surcharging any companies discharging phosphorus in excess of our By-law limit of 10 milligrams per litre. We expect the discharge of phosphorus to mainly come from industrial laundries and cheese making companies.

(5)Part 10 - General

We are proposing to include food related grease interceptors, interceptors for motor oil and grease, sediment interceptors for car washes, garbage grinders for residential use into the By-law to address concerns with the operation of the local sewer system.

(6)Part 11 - Sewer Connections

This section deals with the proper procedure for the construction and connection of private sewers to municipal sewers. It also has a section on stormwater management.

(7)Part 12 - Offences

We are proposing to increase the maximum fine for an individual from $10,000 to $20,000 and for a corporation from $50,000 to $100,000, to be in line with that specified in the Municipal Act, 1998.

(8)Part 13 - Repeal

Under this section we are recommending that all the sewer use by-laws of the former Metro Toronto and the six area municipalities be repealed.

Financial Implications of the Draft Sewer Use By-law

This by-law will require an initial start-up cost of approximately $55,000 to develop guidance manuals, staff training and industry workshops for the Pollution Prevention portion of the by-law. We are proposing to contract C2P2 to provide this service for which Environment Canada has agreed to pay at least 50% of the costs under the Great Lakes 2000 Clean-Up Fund Program. It is proposed that the Department's Public Consultation staff undertake the other public communication workshops described herein to obtain comments from the public and other interest groups.

Further, it is proposed to established an Information Support Line and an Internet Support for industries and the public if they have questions regarding Pollution Prevention planning requirements, and to distribute guidance manuals and link to technical resources for the industrial sectors. The cost of establishing and maintaining these support services is estimated to be $17,000 per year.

The by-law implementation costs have been included in the 1999 Sewer Operating Budget.

Subject to the approval of this by-law, it is proposed to reassign two existing District Enforcement Officer positions to Pollution Prevention Officer positions to enforce the Industrial Pollution Prevention Clauses contained herein.

Enforcement

The clauses in the draft Sewer Use By-law which relate to the portion of the sewer systems within the street allowance, including the quantity and quality of the sewage within the pipes will be enforced by the Works and Emergency Services Department. Other clauses relating to plumbing connections, e.g. the use of garborators by homeowners, the use of grease traps in restaurants, etc. will be enforced by the Building Department. Appropriate procedures will be put in place following approval of the by-law to assign the enforcement responsibilities for each Department.

Under Part 12 - Offences, failure to prepare a P2 plan or to submit an annual P2 summary plan is an offence. Companies who failed the new discharge limits will be charged under the By-law. After three convictions, the City will seek an Order of Prohibition against the company and if the company continues to violate the By-law, a Contempt of Court Order will be sought against the owner which may result in a jail term and/or fine.

Proposed Public Consultation for the Draft Sewer Use By-law

Public consultation with the public, industries (or industrial associations) interest groups and affected agencies, boards and commissions will be conducted according to the following schedule:

Steps ActivitiesDates

Step 1Works and Utilities CommitteeApril 21, 1999 &

Inform Works and and Council to receive a report onMay 11, 12 & 13,

Utilities Committeethe content of the draft Sewer Use1999

and CouncilBy-law

Step 2Draft Sewer Use By-law will beFollow Council's

Distribution of the Draftmailed out and placed on the approval of the

Sewer Use By-lawCity's Web sitereport, May 13, 1999

Step 3Community Councils toMay 26 & 27, 1999

Inform Community receive the draft Sewer

CouncilsUse By-law report

Step 4Two-month review period of theMay 13 to July 13,

Public and industriesDraft Sewer Use By-law1999

consultation review

period

Step 5Conduct meetings with the publicMay 13 to July 13,

Public and industries and industries (sector by sector) to1999

(by sector) meetingsdiscuss the draft Sewer Use By-law

Step 6Comments will be received in Deadline for

Receiving and writing, by fax or e-mailComments - July 13,

integrating comments1999

Step 7Open house to introduce the September 1999

Introduction of the newfinalized By-law

Sewer Use By-law

Step 8Council's approval sought forNovember/December

New Sewer Use By-law the new Sewer Use By-law1999

goes to Works and

Utilities Committee and

Council for approval

Conclusions:

A draft Sewer Use By-law for the new City of Toronto, which incorporates pollution prevention planning requirements for those industries who could negatively impact our biosolids quality, has been completed. Public consultation with industries and non-government organizations will begin in late April, 1999 for a two month period. Once the consultation process is complete and the comments are received and integrated, the finalized By-law will be presented to Committee and Council for adoption by the end of the year.

Contact Name:

Mr. V. Lim, P.Eng.

Manager, Industrial Waste and Storm Water Quality

Quality Control and System Planning

Telephone: (416) 392-2966Fax: (416) 397-0908

e-mail: victor_lim@metrodesk.metrotor.on.ca

Michael A. Price, P.Eng., FICEBarry H. Gutteridge

General ManagerCommissioner

Water and Wastewater ServicesWorks and emergency Services