Citation

1   Bylaw No. 1989-2010 may be cited as "Erosion and Sediment Control Bylaw, 2010".

Interpretation

2   (a) Schedule "A" contains definitions of terms used in this bylaw.

(b) Words or phrases defined in the British Columbia Interpretation Act, Community Charter or Local Government Act or any successor legislation, shall have the same meaning when used in this bylaw unless otherwise defined in this bylaw.

(c) In this bylaw, unless the context otherwise requires, the singular shall include the plural and the masculine includes the feminine gender.

(d) The headings contained in this bylaw are for convenience only and are not to be construed as defining, or in any way limiting, the scope or the intent of the provisions of this bylaw.

Application

3   The provisions of this bylaw apply to all Development occurring in the City except as follows:

(a) this bylaw shall not apply to lands within the Provincial Agricultural Land Reserve except where the proposed Development is regulated by a City bylaw and requires a Permit; and

(b) this bylaw does not apply to Operations and Maintenance provided that the City at all times utilizes best management practices for erosion and Sediment control.

Prohibition against discharge

4   (1) No person shall discharge, or cause, suffer or permit another person to discharge Sediment or Sediment Laden Water, either directly or indirectly, into the Drainage System.

(2) Without limiting the generality of Section 4 (1), no person shall discharge or cause, suffer or permit the discharge into the Drainage System, either directly or indirectly, of water which has a Turbidity level greater than 25 NTUs or which exceeds the Turbidity limits set by Fisheries and Oceans Canada, whichever is the most restrictive.

(3) Despite Section 4 (2), where a Significant Rainfall Event has occurred within the preceding 24 hours and a Developer is carrying out Development where an ESC Supervisor was identified to the City and, in writing, accepted responsibility for undertaking a water quality monitoring program as outlined in the City publication entitled 'Responsibilities of the ESC Supervisor', a copy of which will be provided upon request; then, water with a Turbidity level greater than 25 NTU may be discharged into the Drainage System during a 24-hour grace period provided that no discharge into the Drainage System may exceed 100 NTU.

(4) Where, in the opinion of the General Manager, site conditions, weather, soil conditions, existing ground cover, topographic features or other relevant site conditions make compliance with the Turbidity limits established under Sections 4 (2) and 4 (3) impractical or impossible, the General Manager may, subject to any terms or conditions imposed by the General Manager, allow the discharge of water having Turbidity levels higher than allowed under Sections 4 (2) and 4 (3).

ESC submission requirements

5   Every person who proposes to carry out Development having a Developable Area of 2000 m² or larger shall first:

(a) submit to the City, a completed and signed ESC Submission Form in the format prescribed for that purpose by the City from time to time, accompanied by:

(i) an ESC Plan prepared in accordance with the requirements of Part III of this bylaw; and

(ii) a completed and signed ESC Supervisor Letter of Appointment in the form prescribed for that purpose by the City from time to time;

(b) obtain from the City a Permit before carrying out any Development activity on the land; and

(c) post signage on the land in accordance with Section 7.

Exemptions from ESC submission requirements

6   (1) The General Manager may waive one or more of the requirements of Section 5 where in the opinion of the General Manager the proposed Development:

(a) is in response to an emergency; or

(b) is unlikely to negatively affect the Drainage System, having regard to the following factors:

(i) development timing and schedule;

(ii) the size of the proposed building or structure;

(iii) soil conditions;

(iv) existing ground cover, including trees, gravel and other features;

(v) topographical conditions; and

(vi) location of the proposed Development with respect to the perimeter of the parcel of land.

(2) The ESC Submission requirements of Section 5 do not apply to a Development having a Developable Area of less than 2000 m² or to Development granted an exemption under Section 6 (1), provided that the Developer:

(a) takes all necessary precautions to ensure that the Development does not result in a contravention of Section 4 of this Bylaw respecting water quality criteria; and

(b) utilizes the best management practices for erosion and sediment control established in the City publication entitled "Erosion and Sediment Control (ESC) Bylaw, Best Management Practices", a copy of which shall be provided upon request.

Sign requirements

7   Where the requirements of Section 5 apply, the Developer shall ensure that, until the ESC Supervisor has provided the written notice to the City required by Section 8 (3), a sign must be displayed on the Development site, and such sign must:

(a) indicate that the information provided is for Erosion and Sediment Control concerns;

(b) display the name and telephone number of the responsible ESC Supervisor;

(c) be posted at the entrance of the Development site on a post;

(d) be a minimum size of 60 cm by 90 cm; and

(e) have lettering that is a minimum 5 cm high.

ESC Plan

8   (1) All ESC Facilities shall be designed in accordance with Part III of this Bylaw, the Guidelines and the City publication entitled "Erosion and Sediment Control (ESC) Bylaw: How The ESC Bylaw Applies to Development Sites 2000m² and Larger", a copy of which shall be provided upon request.

(2) Every ESC Plan shall:

(a) be prepared by an ESC Supervisor;

(b) consist of a multi-stage plan that conforms to the City's CAD Drawing format and shows the measures for erosion and sediment control during the following phases (where applicable):

(i) land clearing, grubbing and grading;

(ii) the installation of services or infrastructure;

(iii) the building construction; and

(iv) the Warranty Period, and

(c) include the following information:

(i) proposed measures to address the erosion and sediment control requirements for clearing limits, cover measures, perimeter protection, traffic area stabilization (including detailed design of any necessary wheel washes), Sediment retention, surface water control and dust control, with source controls being the primary method of erosion and sediment control;

(ii) location(s) of limits of disturbance for each of the phases of Development;

(iii) the location of all proposed ESC Facilities to be implemented on site, including site access locations, Sediment ponds and any necessary wheel wash facilities;

(iv) for each ESC Facility, the design and installation specifications and maintenance requirements;

(v) for ESC Plans utilizing Treatment Chemicals, technical specifications including ecological toxicity data from the Treatment Chemical manufacturer;

(vi) the proposed methods to restore disturbed areas following the completion of Development;

(vii) all other details pertaining to the proposed Development, describing how the ESC Facilities will meet the water quality requirements and Turbidity levels established under this Bylaw;

(viii) locations of property line(s) and other legal designations of the subject property or properties;

(ix) location(s) of existing underground services, as well as any proposed connections to existing services from the site;

(x) location(s) of existing drainage infrastructure and the proposed measures to protect it;

(xi) location(s) of existing and proposed watercourses, ditches, swales or other bodies of water within 50m of the site boundaries, along with the proposed protection measures;

(xii) location(s) of existing and proposed buildings, including residential buildings or ancillary buildings or structures; and

(xiii) existing and proposed contours and relevant spot elevations.

(3) The Developer shall ensure that all Developer-installed ESC Facilities described in the ESC Plan are constructed, implemented, installed and maintained at all times during Development until such time as the ESC Supervisor delivers written notice to the City that all Development at the Development site is completed, the site is stable and under control and no longer poses a threat to the Drainage System and the ESC Facilities may now be safely removed, provided that a Developer shall not be responsible for the actions or activities of a subsequent builder or Developer on any portion of the Development site, ownership of which was transferred to such builder or Developer.

Monitoring and reporting

9   (1) The ESC Supervisor identified by the Developer on the ESC Submission Form shall be responsible for the implementation of the ESC Plan and associated monitoring and maintenance.

(2) The ESC Supervisor must, in accordance with his or her obligations under the ESC Supervisor Letter of Appointment submitted to the City in accordance with Section 5 (1):

(a) be responsible for inspecting, maintaining, monitoring and reporting on the ESC Facilities;

(b) maintain a logbook of all inspections which shall be carried out in accordance with the City publication entitled "Responsibilities of the ESC Supervisor", a copy of which shall be provided upon request; and

(c) make the logbook available to the General Manager, upon request.

Offences and enforcement

10   (1) An Inspector may enter upon any site where Development is taking place, at all reasonable times, to carry out such inspections and tests as are reasonably necessary to ascertain whether such Development complies with the provisions of this bylaw and every Permit issued by the City for the site.

(2) With respect to entries under Section 10.1 of this bylaw, no person shall interfere with or obstruct such entry of an Inspector into or onto any property.

Notice to comply

11   (1) Where a person fails to comply with the terms and conditions of this bylaw or of a Permit issued in respect of a Development site, the General Manager may serve on such person a Notice to Comply requiring the person to remedy the non-compliance within 24 hours, or, if in the opinion of the General Manager special circumstances exist, by a date specified by the General Manager in the Notice to Comply.

(2) Service of a Notice to Comply is sufficient if a copy of the Notice to Comply is served personally on, or mailed by prepaid registered mail, to the address of:

(a) the property owner, as set forth in the assessment roll for the City; and

(b) where a Permit was issued, the holder of the Permit or the ESC Supervisor as designated on the ESC Submission Form;

and such notice shall be deemed served on the same day if served personally, or on the third business day after mailing.

(3) Following issuance of a Notice to Comply, all Development on the site shall immediately cease, except for those works necessary to achieve compliance with the Notice to Comply. Prior to the resumption of Development or removal of a Notice to Comply, an ESC Supervisor must submit an inspection report to the City detailing the steps that were undertaken to achieve compliance with the Notice to Comply and confirming that the Development is currently in compliance with both this bylaw and all Permits issued by the City in respect of the Development site.

(4) If the Developer or holder of a Permit for the Development site fails to comply with a Notice to Comply, the City may, but shall have no obligation to, utilize all or part of the security deposit provided to the City in conjunction with the issuance of the Permit and, either by itself or through its agents or contractors, enter upon the Development site together with all necessary workers, equipment and vehicles and take whatever works or action the City considers necessary to carry out any remedial works, or other actions necessary to protect the Drainage System from Sediment or Sediment Laden Water. If the amount of the security deposit is insufficient for such purposes, the Developer or the holder of the Permit shall forthwith pay any deficiency to the City immediately upon receipt of the City's invoice for the work, failing which, the amount of such costs may be added to the property taxes for the Development site and collected in the same manner and with the same remedies as property taxes.

(5) The City may concurrently pursue any other legal remedy available to it including, without limitation, issuing violation tickets or prosecution under Section 12 of this bylaw, and the pursuit of any such remedy shall not relieve the Developer or Permit holder from the obligation to remedy the non-compliance within 24 hours or within such time period as may be established in the Notice to Comply.

(6) A person who fails to comply with a Notice to Comply within the time established in the Notice to Comply commits an offence against this bylaw.

Offence and penalties

12   [Repealed, B/L 3063-2020.]

Every person who contravenes this bylaw commits an offence and is subject to enforcement and penalties in accordance with the Bylaw Enforcement Bylaw.

General provisions

13   (1) In the event that any particular provision or part of a provision of this bylaw is found to be invalid or unenforceable, it shall be severed and the validity of the remaining provisions shall not be affected.

(2) The schedule attached to this bylaw shall be deemed to be an integral part of this bylaw and enforceable as part of this bylaw.

(3) In this bylaw, wherever the singular or the masculine is used, the same shall be construed as meaning the plural or feminine or body corporate or politic where the context or the parties hereto so require.

(4) In the event of any conflict or inconsistency between the terms, conditions or requirements of this bylaw and those contained in Development Bylaw, 2006, this bylaw shall prevail.