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ORIGINAL This is a consolidated by-tew prapsrod b y the Kamloops Indian Band for convenience only. The Band does not warrant that the information contained ki this consolidation is current. It hi the responsibility o f the person using this consodétiHon to ensure é m it accurately reflects current b y-la w provisions. KAMLOOPS INDIAN SAND SANITAftY SEWAGE SYSTEM BY-LAW NO. 1995-06 the Sanitary Sewage System of Dm Kamloops Indian Band W HEREAS, under the provisions of the Indian Act and in particular Section 83(1 ){g) thereof, the Chief and Council of the Kamloops Indian Band enacts the following By-law for the purpose of establishing, maintaining and operating a sanitary sewage system; AND WHEREAS the Kamloops Indian Band has already established such a sanitary sewage system. : Of- '■ .l-f AND W HEREAS it is deemed expedient to establish additional controls respecting the use of such systenfand to impose certain charges against owners of properties benefiting from suoff system. ■ i è § § ;.: - M i ; NOW TH E R E F O R , the Chief and Council of the Kamloops Indian Band, in open meeting assembled! mrm 1. This b y -la w m a y becited for all purposes as thé Kamloops Indian Band "Sanitary SewiK By-laiW No; 1995-06". m-' 2. Metric units used for all measurements in this by-law. &v:-,: DEFII J i l l * m , % fŸ •* • 3. In this by-laW, untes8 the context otherwise requires: »" rriesns having access thereto but which first requires removisl of an éÉcess panel, door or similar obstruction. b. biochemical oxygen demand) means the quantity of biochemical oxidation of organic matter under procedure in five (5) days at 20° Centigrade, per litre. c. M e a g e r" means the person appointed as such from Kamloops Indian Band and any person delegated to his duties under this by-law. d. means that portion of pipe from the property all portions of the sanitary sewage collection V building. e. Kamloops Indian Band f. all these lands, the title of which is vested in the Crown ln the Right of Canada, which are or have been set aside for the use aritf'banefl^bf the Kamloops Indian Band and which have not been urtconiMtieriefly surrendered. g- "Band Engineer" means the person appointed as such from time to time by the Kamloops Indian Band anti any person delegated to assist him in
carrying out his duties under this by-law. "Com m ercer means ad buildings other than residential. "Customer” means the registered owner or occupier of the property. "Family;%nh" means an individual or 2 or more persons closely related by bIood,n^riage|or adoption sharing one dwelling, or 3 or less unrelated persof^iharinifthe same dwelling. "Farm y^bnaTjlieane-a domesticated animal normally raised for food, milk, o ra a a bsist of burden, and without limiting the generality of the foregemi, {nchides cattle, horses, swine, sheep, goats, mules, donkeys, asses,ahd oxen. • [•> . f. "Garbage* means solid wastes from the preparation, cooking and dispensing of food or from the handling, storage and sale of produce. "Industrial waste" means liquid wastes from industrial processes or operations. "Natural oudatSmeans any outlet into a watercourse, pond, ditch, lake or other|iody d| s u r f i t or ground water. ' 'll' SfÊy "Person" 'mean!' any individual, firm, company, association, society, corporation, grolip or municipality. i j p v . /ft; -:s . "pH" m ains the logarithm of the reciprocal of the weight of hydrogen ions in grams P^r litre of solution and denotes alkalinity or acidity. "Properly shredded garbage" means garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in the Band sewer mains. In no case shall these pdirdciss be greater that 6 mm in any dimension. "Readily accessible” means direct access without the necessity of removing or moving away any panel, door or similar obstruction. "Reskteptiar means all single family dwellings, duplexes, semi-detached or row housing^ main" means any sewer which carries sewage and to bf ground waters are not intentionally admitted. means a pipe connecting a sanitary sewer main to ^Service at the property line of a parcel of land. tewater” means a combination of the water carried waetalvfjttn residential and commercial buildings, together with such grôund^iiiÉer, surface and storm waters as may be present. " ■ ' & - : "Sewage system" means all facilities for collecting, pumping, treating and « M i s ©fsewage. *Sewa|wf^®aabf>aot plant” means any arrangement of devices and s t r u c t t i i l t is e ^ ir treating sewage. "Sewer* fa pipe or conduit for carrying sewage. >'« • , ■«: "Standard methods" means the methods and procedures set out in the latest edÉbn o # f Standard Methods for the Examination of Waste and
Kamloops Indian By-Law Ho. 1995-0* Page 3 tt-r’" Wastewater" pubtieted by the American Public Health Association, Amodiait/-Waterworks Association and the Water Pollution Control t - r W K & ï # za. *" means solids that either float on the surface of, or are ri|fw ater, sewage or other liquids and which are filtering. 4. The Band shglbpintelte to fnafntain, operate and extend its sanitary sewage system as «£*^**“* * 5. The operation&ffhe said swdtary sewage system shall be under the direction of the Band E # n e e r ;t SEW ER-RATES 6. A charge shafibe and is hereby inclosed upon the owners of real property situate both ineide and outside the reserve limits of the Kamloops Indian Band for the use of theBand sewage system. All rates, rents and toiis to be paid by customers for the use of the Band sewage system shall be those stated in Schedule ”A N attached to and forming part of this by-law. 8. a. On-fourth of die annual rates set out in Schedules " A ” to "E" of this by law, shall be due and payable quarterly on or before the due dates of March S I , June 30, September 30 and December 31, in each and every year, provided that if any of these days fall on a Saturday or Sunday or statutory holiday, then the dira date shall be die earliest day preceding M a rc h a i, Jun e 3 0 , September 30 and December 31, as the case may be, dicing which the Band offices are open for business. b. Current ÿaer rates paid in full on or before the due date shall qualify for a discount equa) to tén percent (1 0 % ) of the current quarter amount due. ' r. ’4. v-.,. c. Payment! w e applied to the oldest balance first. Any balance remaining unpaidJUff the dîie date will result in loss of the discount. 9. H on-fd|^ÉI% f iJutWty WM will not exempt the customer from payment for the|wiMee received. Payments not made on or before due dates will result in foes of the discount. b. Any customer paying rent, rate or toll for use of the Band sewage system s ^ te llable for same until they have given notice in writing to the Bted U W d M Department of their desire to discontinue the use thereof; service supplied for a portion of a month shall be charged as if fe;itete. a full month. C. No peilon shall knowingly withhold information about the use of his prem ia#!W it «fo ld affect utility rates or charges. It is the responsibility of the owner fo- rtofify the Utilities Department in writing when any chargé|^:m nÉflcations are made to his premises that may affect his utility fjM ii. Failure to provide the said notification will constitute a violation of this by-law. In addition, it shall be reasonable and lawful for the Band to bltt and collect from the owner the appropriate rates, toiis and ch#hièiFtrüii|the time the changes or modifications to his premises
ï ... Kamloops Indian Band By-Law No. 1995-06 'vr Page 4 i were found to Have first existed. d. The Spiff Sngkller is responsible for interpretation of the sanitary sewer ratas lèpédulefand any person who feels that he has been unjustly char®i^|ir inc€Stectiy billed for the service may appeal directly to the Band idllneer.4 Application ter servies connection shall be made in writing on the form provided for that purpose, giving the tegal description or address of the property to be served and aN other information that may be required in order that the correct rates, rents or toils ean be applied. 11. Upon receipt of such application, and provided the Band's sanitary sewer mains are laid to within 20 rhjof the customer's property, the Band will tap the main and iay a service pipe to thé nearest boundary of the applicant's property and for such connection thé Band shail be entitled to demand and receive from the applicant, in advance, for a 100 mm diameter residential service, such fee as outlined in Schedule "B" attached to and forming part of this by-law. ' ■ 12. Where application foraervice connection has been made in accordance with this by-law and It is found that no sanitary sewer mains are within 20 m, the applicant may fume the option to: a. at the discretion of the Band Engineer, pay in advance for such extra service Connection which is required, the sum according to the Band's estimated cost; b. accept a full return of monies paid at time of service application. 13. Charges for service connection shall be made according to the Band's estimated cost, when: a. the sise of residential service is larger than 100 mm in diameter, or, b. regardless of sise, the service is to be used for other than a single family residential purpose. 14. The Bend shall in every case determine the location and size of service pipe to be used, having Brat given due consideration to any specific requests. 15. Where a specific size of service connection is requested, and where the Band's sewage systoifr èiMvtot readily handle such service, the applicant shall have the option of: $ S; ' a. accepting the size of service connection as determined by the Band; b. paying In advance the appropriate cost of upgrading the Band's sanitary sewer ipaifta to meet the specific requests, according to the Band's estimated coat; c. accepting a full raturn of monies paid at time of service application. 16. No person except the duly authorized agents of the Band shall uncover, make connection to, uaa, alter or disturb any sanitary sewer main without the permission ofthe Band Engineer.
Kamloops Indian Band By-Law No. 1995-06 Page 5 17. AH buiiding sewer services shall be constructed and maintained by the customer at Ms or her ettperaef to ths requirements of this by-iaw and those of the British talum W rPlufnbing Code. Permit applications for such construction miart be r n a ^ ; ^ Buiiding Department on the appropriate form provided. Such application shall be supplemented by any plans, specifications or other inforntiitfor! considered pertinent by the Band Buiiding Department. 18. Maintenance of the service connection shall be the responsibility of the Band. 19. A ny owner of property within the Band on which there is located a residential or commercial buiiding and which abuts on any Band right-of-way or easement in which there is now or hereafter located a sanitary sewer main of the Band, is hereby required to be connected directly to the Band sanitary sewer at the owner's expira»,' b» aërordaince with the British Columbia Plumbing Code and this by-law within thirty (30) days after notice form the Band Engineer to do so. •3 r Should the owner fail to connect his premises to the Band's sewage system within the tinp§ipecifk»d, the Band Engineer may order the required connection to be made I^ B o n d Workmen or others in accordance with this by-law. All costa resultirwtiom the said connection shall become due and payable by the owner. If th e e o s ts a re not paid within ninety (90) days, they shall be transferred td, and become part of the owner's utility charges. 20. When any saidtary sewer connection is abandoned, the customer or his authorized agent shall effectively block such connection at a location within 3m of the proper# tine. Failure to do so within a reasonable time after such abandonment ahaH be Construed as authorization for the Band to enter upon the property and so bloeksuch connection at the expense of the owner. PRIVAIS 21. No person sh l|^é n sl(É ît or maintain any septic tank, cesspool or other facility intended or tim 'fo r the disposal of sewage without approval in writing from the Buiiding ih ip k ^k ^M a n a g e r. 22. AH diialuiiieiir p jw la siftage disposal systems shall operate and maintain such facilities: i san|jary manner at all times at their own expense. 23. A t such t i m e | ^ l b n ^ e w 4 p system becomes available to property serviced by a privets WiW fjaa disposal system, the conditions of Section 20 of this by- iaw she» a p | | ^ A » i # e i ^ î Mnk, cesspool or simHar facility shall then be abandoned ahdlRHed With sand or suitable material as approved by the Building Inspection M in ive r. ' 24. No provision q ^ ta in e d in this by-law shall be construed to interfere with any additional requirements that may be required by the Provincial authorities. US£QE 25. No person shall discharge into any natural outlet any sanitary sewage, industrial waste, or e t lW | W u li| waters without first obtaining a permit to do so from 26. No perron shaH discharge or cause to be discharged any storm water, surface water, ground water or cooling water into the Band sewage system provided that the Band Englneer may upon application authorize such discharge where exceptional conditions may require so.
Kamloops Indian Band By-Law No. 1995-06 Page 6 27. No parson shall block, althar wholly or in part of any portion of the Band sewage system toy failure, omission or neglect to comply with the provisions of this by-law, and where such blockage occurs, the customer concerned shall, in addition to any penalty for infraction of this by-law, be liable to the Band for all costs of ctji# ln g such blockage and for any other costs which the Band may be held liabie beeause of such blockage. 28. a. Grease, 08 and sand interceptors shall be provided by the customer on privateproperty for all garages, gasoline service stations, and vehicle or equipment washing establishments. b. Interceptors shall also be required for any commercial development when in the opinion of the Bond Engineer excessive amounts of grease, oil, flammable liquids, nmd or other undesirable substances are being discharged into the Band sewage works. c. All interceptors shall be of a type and capacity approved by the Band Engineer and shall be readily accessible for cleaning or inspection. d. The customer shall be responsible for continuous efficient operation at their expense of all interceptors. EFFLUENT QUALITY vi 4-29. Sr Without changing the generality of the foregoing statements, no person shall discharge or or ÿerndt to be discharged any of the following into any portion of thé; Band salvage system without obtaining a permit from the Band Engineer to do se: m w or Industrial waste in a volume greater than 3000 m3 per month; i b. any liq u id s vapour having a temperature higher than 50° C; c. or explosive material; d. which is not properly shredded; e. vopd or other solid or viscous substance capable of or Interference with the proper operation of the Band system or treatment process; f. any excrement from farm animals; g- any material from the processing of any animal or portions thereof; h. any noadsptis or malodorous gas or substance capable of creating a public nuisance; any or industrial waste having a pH limit less than 6.0 or greater than S.9; j. any sewage or Industrial waste containing any of the following materials in e x a m of the indicated concentrations: *8.0 .D.| 300 mg/L
.V*-, • r Kamloops Indian By-Law No. 1 Page 7 -suspended soBds 400 mg/L -total tujphlds expressed as Ha 5 mg/L -phenol# compounds 2 mg/L -oil and grease ■ 50 mg/L -total cyanide expressed as HCN 0.2 mg/L -total copper, axpressed as Cu 1.0 mg/L -total dhm rikm i expresaed as Cr 1.0 mg/L -total niellai, expressed as Nl 1.0 mg/L -total toad, expressed m Pb 1.0 mg/L -total zbtft, expressed as Zn 1.0 mg/L -total atifmium, exprassed as Cd 1.0 mg/L -total phosphorus, expressed as P 8.0 mg/L pastil êmiQàmÊ 30. Any person who, under the provisions of this by-law is required to obtain a permit, shall make a request in writing to the Band Engineer and shall not discharge any effluent into the Band sewage system until written approval is received. 31. Each permit application shall contain the chemical and physical analysis information related to the quantity and rate of discharge and proposed pretreatment or any other detailed information the Band Engineer may require. 32. No person shaM fail to obtain a permit, where required to do so under the provisions of #rts by-law. 33. The Band Engineer has the authority to set or regulate at any time, any rates or conditions particular to each permit application. 34. When required jity die Band Engineer, any person required to obtain a permit shaiiat his expense, install and maintain a control structure connected to allow observation, sampling and measurement of the sewage or wastewater, suitable to the Band Engineer. Such structure shall at all times be safe and accessible to authorized Band personnel. 35. Any measurefvjMMits, tests or analyses of sewage or industrial waste which are required undei||dyM ^i8 within this by-law shall be determined In accordance with standard methods. AN samples for testing shall be taken from the control structure provided for that purpose or where no structure exists the nearest downstream rr»hhole in the Band sewage works shall be deemed to be the control structure. 36. Any person making application for permit shall at his expense provide pretreatment g l i d e s that may be necessary to make the sewage or industrial waste acceptable to the standards set out in this by-law. Where pretreatment facilities are fflfmrided they shall be maintained continuously in a satisfactory and effective iMmner by the applicant at no expense to the Band. 37. In cases whevè no prebeatment can be provided and with the approval of the tend Engineei||Lspeeiai agreement can be made between the Band and the person concei^^d'whafoby industrial waste of an unusual strength or nature may be a ceeplif'by tf# Band for treatment subject to payment by the party ■ concerned f o r
Kamloops Indian Bend By-Law Ho. 1995-06 Page 8 A-U-IHQRiHES 38. Any person duly authorized by the Bend Engineer shall be permitted to enter upon all property lor the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this by-law. If such inspection discloses any failure to comply with the provisions of this by-law, the Bend Engineer shall notify the customer to rectify the said failure and in case of non-compliance, the licence to operate or occupy the premises shall be cancelled untilproper alterations have been made. PENALTIES 39. a. Every person who violates any of the provisions of this by-law or who suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of this by-law, who neglects to do or refrains from doing anything required to be done by any of the provisions of this by-iaw or who does any act which violates any of the provisions of this by4aw, is guilty of an offence against this by-law and liable to the penalties hereby imposed. Each day that a violation continues to exist shall constitute a separate offence. b. Every person who commits an offence against this by-law is liable to a fine and penalty of not more that Tw o Thousand dollars ($2,000.00) and not less then Twenty-Five Dollars ($25.00) for each offence, and in default of payment thereof, forthwith or within such time as the presiding Provincial Court Judge or Justice of the Peace shall direct, the tine imposed shall be recoverable under the provisions of the Offence Act R.S.B.C. 1979, Chapter 305 and all amendments thereto. READ A FtilST T lM C tfie _ __ d a y e f_________ 1995 RE AD A SECOND m g the day o f _________ , 1995 READ A THIRD m g the day © f_________ 1995 RECONSIDERED A m A & S P Ü © th e ____ day o f _________ , 1995 TH IS BY-LA W IS HEREBY M ADE A BY-LAW OF TH E BAND at a duly convened meeting of the Council of the Band th e ____ day of _______ , 1994. Chief Manny Jules duû I Councillor Russell Casimir Councillor Jimmy Thomas A£LùL illor Clarence Ju s being the majority of those members of the Council of the Kamloops Band present at the aforesaid meeting of the Council.
Kamloops Indian t a d ' By-Law No. 1995-06 Page 9 sanitary aewaatm SCHEDULE "AH - USER RATES Annual Charge For each family unit $135.00 per annum For each rentable room In rooming or boarding homes 40.00 per annum For each Nght commercial unit (using the same or lees than a family) 135.00 per annum For aH other users ad «saler meters (based on calculated flows) 0.355 per m3 The minimum charge for any customer is $135.00 per annum. Where two or mere users are made of a single property or building, multiples or combinations of the user rates will apply.
Kamloops Indian Band By-Law No. 1995-06 SAN ITAR Y SEWER RATES SCHEDULE "B" - CONNECTION FEES Description For each 101.6 mm residential single family service installed between: April 1st and October 31st inclusive November 1st and March 31st inclusive 101.6 mm and larger, or other than a single family service connection will be charged a fee as estimated by the Band. Description For each 101.6 mm residential single family service installed between: April 1st and October 31st inclusive November 1st and March 31st inclusive Restoration of: ► Curb ► Gutter ► Sidewalk Page 10 Annual Charge $550.00 625.00 Annual Charge Will be set at the average previous year's cost for April 1 to October 31 as certified by the Financial Controller. Will be set at the average previous year's cost for November 1 to March 31 as certified by the Financial Controller. Will be set at the average previous year's cost for April 1 to October 31 as certified by the Financial Controller. Will be set at the average previous year's cost for April 1 to October 31 as certified by the Financial Controller. Will be set at the average previous year's cost for April 1 to October 31 as certified by the Financial Controller.
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