Seeking feedback on…

Seeking feedback on municipal sewer-use bylaws:
Ontario is also seeking information on the impact that municipal sewer-use bylaws have on the design and long-term operation of foundation drains that are required for residential buildings where foundations are constructed below the water table.
In some cases, developers are required to design treatment systems for their foundation drains to meet sewer-use bylaw criteria that are more stringent than drinking water standards.
We are seeking information on why municipalities are imposing these stringent criteria and whether the province should play a role in limiting what criteria must be met when a building’s foundation drains are discharging uncontaminated ground water into a municipal system.

I am providing comments on these points from the proposal, as Chairperson of the Municipal Enforcement Sewer Use Group (MESUG):

1.) Developer's are required to design treatment systems for their foundation drains to meet sewer-use bylaw criteria that are more stringent than drinking water standards.

Our Sewer Use By-Law limits are more stringent than Drinking Water standards as we are protecting aquatic ecosystems and the flora, fauna and micro-organisms that live in that ecosystem which are more sensitive and fragile than humans. The federal Fisheries Act which applies to municipal storm sewer outfalls, prohibits the deposit of a deleterious substance of any type in water frequented by fish or in any place under any conditions where the deleterious substance or any other deleterious substance that results from the deposit of the deleterious substance may enter any such water. Any substance with a potentially harmful chemical, physical or biological effect on fish habitat is deleterious.
As well, the Ontario Environmental Protection Act, which also applies to storm sewer outfalls, provides legislative authority to limit the discharge of contaminants to the natural environment. The Ontario EPA states that a person shall not discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment if the discharge causes or may cause an adverse effect. The Act defines an adverse affect and includes “injury or damage to property or to plant or animal life”.

2.) Why are municipalities imposing these stringent criteria

We are imposing these stringent criteria as was set out in the 1988 Model Sewer Use By-Law as supported by the MECP predecessor, Ministry of the Environment, and the 2009 Model Sewer Use By Law Guidance document published by the CCME, and endorsed by the MECP.
By definition when a buildings foundation drain is discharging groundwater that does not meet the municipal sewer use bylaw limits as set out by the two documents mentioned above it is contaminated

3.) Should the province play a role in limiting what criteria must be met when a building's foundation drains are discharging uncontaminated ground water into a municipal system?

A municipality is responsible and liable for their storm sewer infrastructure and what passes through it. When a liquid enters the municipal storm sewer system it is then the property of and the legal responsibility of the municipality. If it exceeds receiving water limits (PWQO's or Canadian Environmental Water Quality Guidelines - Aquatic Life) and causes an adverse affect a municipality could be open to fines and litigation.
Under the OWRA which applies to municipal storm sewer outfalls, as well as municipalities permitting the discharge into municipal owned storm sewers, it states that every person that discharges or causes or permits the discharge of any material of any kind into or in an waters or on any shore or bank thereof or into any place that may impair the quality of the water is guilty of an offence.
If the province steps in to "play a role in limiting criteria" this prevents municipalities from monitoring their own systems and protecting the receiving waters along with the municipality and it's ratepayers themselves.