By-Law No. 11 Trade Waste
Coliban Region Water Corporation (hereafter Coliban Water ) makes the following bylaw: 1. Repeals This by-law shall be substituted for Coliban Region Water Authority Trade Waste By-Law No. 5, which is hereby repealed. 2. Authorising Provisions This by-law is made under sections 160 and181, and Division 3 of Part 13B of the Water Act 1989. 3. Contents Page Number Chapter 1 Title, Purposes and Definitions 3 Chapter 2 - Discharge of Waste 5 Chapter 3 - Acceptance Standards 9 Chapter 4 - Waste Volume 10 Chapter 5 - Waste Quality. 12 Chapter 6 Charges 14 Chapter 7 - Termination of Agreement 15 Chapter 8 - Food Waste 16 Chapter 9 - General Provisions 17 Page 2
Chapter 1 Title, Purposes and Definitions 101. Title This by-law relating to the admission of trade waste to Coliban Water s sewerage systems, may be cited as Coliban Region Water Corporation By-Law No. 11 Trade Waste. 102. Purposes The purposes of this by-law are to: (c) (d) (e) (f) define trade waste; outline trade waste discharge requirements; provide Trade Waste agreements as the instrument of consent for the discharge of Trade Waste; outline methods for measuring trade waste discharges; describe mechanisms for levying charges for Trade Waste services; and define notices and penalties for contravention of Trade Waste agreements, acceptance criteria or this by-law. 103. Definitions The following definitions apply in this by-law, unless the contrary intention appears. "Act" means the Water Act 1989 "Authorised Officer" means a person authorised in writing by Coliban Water or the Managing Director to act as an Authorised Officer for the purposes of this by-law. "Drain" includes a pipe, for the passage of Sewage and Trade Waste discharges from any Property to Coliban Water's Sewers. "Managing Director" means the Managing Director of Coliban Water and shall also include any person appointed by the board of directors of Coliban Water to act as the Managing Director. "Occupier" in relation to any land, includes a person who occupies or is in control of- that land, whether or not that person owns the land; and any part of that land, if different parts of the land are occupied by different persons. "Penalty Unit" means a Penalty Unit within the meaning of section 110 of the Sentencing Act 1991. "Property" includes any land contained or described within any instrument of conveyance registered at the office of the Registrar-General pursuant to the Property Law Act 1958 or within any Crown grant or certificate of title registered pursuant to the Transfer of Land Act 1958 or registered pursuant to the Strata Titles Act 1967 or registered pursuant to the Cluster Titles Act 1974 or vested or under the control of any body corporate public authority agent of or the Crown or occupied pursuant to a claim for adverse possession and any building or works thereon. Page 3
"Corporate Secretary" shall mean the Corporate Secretary of the Coliban Region Water Corporation as appointed from time to time. "Sewage" means any waterborne human excreta or domestic waste-water, whether untreated or partially treated. "Sewer" means any pipe, channel, tunnel or other conduit which is constructed or provided for the conveyance of Sewage or Trade Waste. "Trade Waste" means:- any liquid matter which is discharged, emitted or deposited as a result of any trade business or undertaking; any other matter which the Authorised Officer declares to be Trade Waste. "Trade premises" means any premises used or intended to be used for carrying on any trade or industry and includes any land or premises used or intended to be used (in whole or in part and whether for profit or not) for agricultural or horticultural purposes or for scientific research or experiment. "Waste" means Trade Waste. 104. Wastes Declared to be Trade Waste For the purposes of this by-law the following are specifically declared to be Trade Wastes: (1) All matter discharged to a Sewer or Drain from any laundry, whether operated for profit or not, which is situated on the premises of a private hospital, a public hospital or any institution or from any laundry which is situated on the premises of a hotel, motel or any such similar establishment. (2) All matter discharged to a Sewer or Drain from any commercial laundry operated on the basis of payment for services rendered or payment for the use of the facilities at such laundry. (3) All matter discharged to a Sewer or Drain from any gas holding facility or from any cooling, refrigeration or air conditioning system. (4) All matter in the form of Sewage sludge which is discharged to a Sewer or Drain from a Sewage Dump Point approved by the Authorised Officer. Page 4
Chapter 2 Discharge of Waste 201. Requirements for Discharge of Waste The Occupier of any Property shall not discharge any Waste either directly or indirectly into a Sewer or Drain unless: (1) the Occupier has entered into an agreement with Coliban Water which is currently in force for the discharge of such Waste and the Waste complies with the terms and conditions of the agreement, or (2) the Occupier has received consent in writing from the Authorised Officer to discharge such Waste prior to entering into an agreement and the Waste complies with the terms and conditions of the consent, provided that such consent shall terminate when: the Occupier enters into an agreement pursuant to sub-clause (1) of this clause; or the Authorised Officer serves notice on the Occupier and the consent shall terminate on the date of termination specified in the notice and all discharge of such Waste shall cease on the date of termination. Any Occupier of any Property who fails to comply with the provisions of this clause shall be guilty of an offence against this by-law. 202. Application to Discharge Waste (1) Application in writing by the Occupier shall be made to Coliban Water to enter into an agreement for the discharge of Waste into a Sewer or Drain. (2) Every application shall provide details of: (c) (d) (e) (f) the nature of the trade manufacturing or other processes from which Waste is discharged; the areas used in the generation and transport of Waste, by means of layout plans; the nature, chemical composition and physical characteristics of the Waste from every source which contributes to the discharge; the estimated maximum rate of discharge of the Waste into a Coliban Water Sewer or a Drain discharging into a Coliban Water Sewer; the estimated maximum hourly and the estimated maximum daily volume of discharge of Waste into a Coliban Water Sewer or a Drain discharging into a Coliban Water Sewer; the hours of the day and days of the week during which discharge of Waste would normally take place and during which peak flows would be discharged. (3) With any application there shall also be submitted: (c) plans of equipment and details of processes which are to be used for the treatment of the Waste before it enters a Sewer or Drain; plans and details of all pipes, floor channels, and Drains used to convey the Waste from the source of the discharge to any apparatus used for treatment of the Waste; details of the method of measuring the total volume of Waste to Page 5
discharge into a Sewer or Drain; (d) such other information as the Authorised Officer may require. (4) Where in the opinion of the Authorised Officer, Waste is discharged at such a flow and is of such composition as to be considered a Minor Waste, the details as per Clause 202 (2) to (f) and 3 to (d) are not required. 203. Authorisation of Discharge of Waste After consideration of each application Coliban Water may: (1) enter into an agreement with the applicant for the discharge of Waste into a Sewer or Drain, or (2) refuse to enter into such an agreement. 204. Terms and Conditions of Agreements Every agreement made by Coliban Water with the Occupier of any Property for the discharge of Waste from the Property into a Sewer or Drain shall contain the following terms and conditions: (1) that the discharge of Waste by the Occupier to the Drain or Coliban Water's Sewer shall at all times comply with the conditions set out in the agreement relating to and specifying: (c) (d) (e) the nature, components and characteristics of Waste to be discharged to the Sewer or Drain; the rate of discharge including the peak rates of discharge and the total daily volume of Waste to be discharged to the Sewer or Drain; the hours of the day and the days of the week during which Waste is to be discharged; the treatment processes, equipment and storage facilities to be used to regulate the quality, quantity and rate of discharge of Waste prior to and at its discharge to the Sewer or Drain; any approved metering device or devices to measure or record the rate of discharge and the total volume discharged; (f) any measurements and records which are to be made and submitted to Coliban Water. (2) that the Occupier shall submit to Coliban Water at such times as the Authorised Officer may require details of all water usage on the Property and of the quality of Waste discharge to the Sewer or Drain; (3) that the Occupier shall ensure that: (c) (d) any underground Sewer or Drain either upstream or downstream of any apparatus used for treatment of Waste; any above ground Sewer, Drain or conduit downstream or any apparatus used for treatment of Waste; any underground connection to or from any apparatus used for treatment of the Waste, and any apparatus used for treatment of Waste connecting or communicating to or with the Sewer; is constructed in such a manner and of such materials and be subject to such Page 6
tests as the Authorised Officer may require and such Sewer, Drain, conduit, underground connections and apparatus shall at all times be maintained in a condition which is to the satisfaction of the Authorised Officer. (4) that the Occupier shall allow the Authorised Officer access to the Property at all times for the purpose of ascertaining whether the discharge of Waste is in accordance with the terms and conditions of the agreement: (5) that the Occupier shall not make or prefer any claim for damage loss or injury of any kind whatsoever against Coliban Water which may arise as a result of the Occupier discharging Waste into a Sewer or Drain and the Occupier shall indemnify and keep indemnified Coliban Water against all actions claims demands damages costs or expenses by or at the instance of any person or body whatsoever or for or by reason of the Occupier discharging Waste into a Sewer or Drain; (6) that the Occupier shall not claim payment or compensation from Coliban Water for or in respect to the exclusion of any Waste from a Sewer or Drain during the examination, alteration, repair or maintenance of such Sewer or Drain; (7) that the Occupier shall give at least 30 days notice in writing to Coliban Water prior to terminating the occupancy of the Property from which the discharge to a Sewer or Drain takes place; (8) that where for any reason the agreement has come to an end or has been terminated then the Occupier shall forthwith if requested and at his own expense in all things and to the satisfaction of the Authorised Officer disconnect the pipes and equipment used to discharge such Waste into the Sewer or Drain and in the event of his failure to do so Coliban Water may by its officers servants or agents and workmen enter upon such Property and carry out such works at the expense of the Occupier as may be necessary to prevent the discharge of Waste into the Sewer or Drain; (9) that the provisions of the agreement shall be operative as and from the commencement date specified in the agreement; (10) that Coliban Water may at the expense of the Occupier repair remedy and make good any damage to a Sewer or Drain caused by or arising out of or resulting from the discharge of Waste failing to comply with the terms and conditions of the agreement and the Authorised Officer shall determine the cost and expense of such repair remedy or making good and such determination shall be final and conclusive to such amount which shall be paid on demand to Coliban Water; (11) that Coliban Water may by 90 days notice in writing signed by the Authorised Officer terminate the agreement and immediately upon the expiry of such period the agreement shall, save and except for the terms and conditions still to be performed by the Occupier, be at an end; (12) that when the Occupier of any Property from which Waste is discharged into a Sewer or Drain ceases to occupy such Property then the agreement shall, save and except for the terms and conditions still to be performed by the Occupier, be at an end; (13) that the Occupier will pay to Coliban Water upon demand all rates fees or other charges payable to Coliban Water pursuant to the provisions of this by-law; (14) that wherever appearing in the agreement works importing the singular shall include the plural and words importing the masculine gender shall include the feminine and neuter genders. (15) Coliban Water will from time to time set trade waste criteria that will specify the nature, components and characteristics of trade waste which may be discharged to Coliban Water s Sewers. These criteria may be varied for individual trade waste agreements to take into account the different treatment methods and regulatory licences at Coliban Water s treatment plants ( the trade waste criteria ) Page 7
205. Non-Compliance with Agreement (1) Whenever in the opinion of the Authorised Officer a breach of any of the terms or conditions of the agreement has occurred Coliban Water may serve upon the Occupier of the Property a notice in writing signed by the Authorised Officer setting out the matters in respect of which a breach has taken place and the Occupier shall remedy the breach to the satisfaction of the Authorised Officer within the time specified in the notice. (2) If the requirements of the said notice have not been complied with on the expiration of the period of time specified therein, the agreement shall automatically terminate and the same shall without further or other notice from Coliban Water be deemed to be at an end save and except for the terms and conditions on the part of the Occupier still to be performed and for the power of entry by Coliban Water's officers under the agreement. Page 8
Chapter 3 Acceptance Standards 301. Standards for Discharge of Waste to a Sewer or Drain (1) The conditions set out in the schedules to any agreement that specify the nature components and characteristics of Waste to be discharged to a Sewer or Drain shall comply with the trade waste criteria set from time to time, provided that the Authorised Officer may vary such standards and requirements of any Waste component or characteristic in any specific Waste discharged to a Sewer or Drain or where any Waste component or characteristic is not specifically mentioned in the trade waste criteria, the Authorised Officer may at his discretion specify the standards and requirements of such Waste component or characteristic in any specific Waste discharged to a Sewer or Drain. (2) the Occupier shall not at any time add or permit the addition of any water whatsoever to any Waste stream solely in order to vary the level of any component or characteristic of the Waste. 302. Notification of Waste Components and Characteristics (1) The Occupier of the Property shall submit to Coliban Water in writing such details of the components and characteristics of the Waste discharged to the Sewer or Drain as are specified in the agreement and at such times as are required therein. (2) The Occupier of the Property shall permit the Authorised Officer at any time to examine Waste and determine the levels of the components and of the characteristics thereof and where the results of such examination are at variance with those ascertained by the Occupier, the Authorised Officer shall in his sole discretion determine the levels of the components and of the characteristics of such Waste. 303. Measuring Waste Components and Characteristics Coliban Water may at any time install or require to be installed such equipment as in the opinion of the Authorised Officer is considered to be necessary to measure the level of any component or characteristics of a Waste and the Occupier shall pay all the cost of monitoring and installation of such equipment and where such equipment is required to be installed on a permanent basis the Occupier shall pay all the costs and expenses of such equipment and all the installation costs and the equipment shall become the Property of the Occupier. 304. Maintenance of Equipment to Measure Waste Components and Characteristics The Occupier shall ensure to the satisfaction of the Authorised Officer that any equipment installed for the purpose of measuring the levels of the components or of the characteristics of any Waste is maintained at all times in correct adjustment and proper working condition. Page 9
Chapter 4 Waste Volume 401. Measurement of Rate and Volume (1) The rate of discharge and, for the purpose of charging, the total volume of Waste discharged to a Sewer or Drain from a Property shall be determined by any of the following methods as the Authorised Officer may require: (c) (d) (e) By measurement using metering equipment supplied by the Occupier and approved by the Authorised Officer for the purpose of measuring and recording the rate and volume of Waste discharged. By measurement using metering equipment supplied by Coliban Water and approved by the Authorised Officer for the purpose of measuring the volume of water supplied to all areas within the Property. By measurement using metering equipment supplied by the Occupier and approved by the Authorised Officer for the purpose of measuring the volume of water supplied to a specified area within the Property. By measurement of batch holding receptacle. By any other method approved by the Authorised Officer. (2) The Authorised Officer shall consequently determine the proportion of the measured volume of Waste to be charged and may take into consideration: any water consumption declaration or submission by the Occupier as to water usage, other than provided for in Clause 402, and an allowance for volume of Sewage in accordance with Clause 402, and (c) information provided by the Occupier in accordance with Clause 202 (2) (d) (e) and (f). 402. Allowance for Volume Where the Authorised Officer so determines, as provided in Clause 401 (2), an allowance may be made for a volume of water for each water closet from which Sewage is discharged and mixed with Waste prior to the measurement of the total volume of the discharge to a Sewer or Drain. 403. Installation of Equipment to Measure volume (1) Where meters are approved in accordance with Clause 401 (1) or Clause 401 (1) (c) such meters shall be installed by the Occupier to the satisfaction of the Authorised Officer and the cost of the meters and all installation costs and all monitoring costs shall be borne by the Occupier and the meters shall remain the Property of the Occupier. (2) Where meters are approved in accordance with Clause 401 (1) to measure the volume of water supplied to the Property from Coliban Water's water supply system such meters shall be as approved by Coliban Water. (3) Where meters are approved in accordance with Clause 401 (1) (c) to measure the volume of water supplied to the Property from any source such meters shall be supplied and installed by the Occupier to the satisfaction of the Authorised Officer at the Occupier's expense and shall remain the property of the Occupier and all monitoring costs shall be borne by the Occupier. Page 10
404. Coliban Water may Check Proportion Where in the opinion of the Authorised Officer or of the Occupier the value of the proportion, as provided in Clause 401 (2), is incorrect Coliban Water may at its discretion require the installation of meters by the Occupier as is necessary to enable satisfactory determination by the Authorised Officer of the volume of Waste discharged to a Sewer or Drain or the volume of water used in any part of the Property or by any process. 405. Faulty Measuring Equipment If in the opinion of the Authorised Officer any volume measuring equipment is not in correct adjustment or proper working condition, the Authorised Officer by notice in writing may withdraw his approval of such measuring equipment and such withdrawal shall operate from the date specified in the notice and the Authorised Officer may from such date compute the volume of Waste discharged to the Sewer or Drain in any of the following ways: (1) by comparison with records of corresponding periods of the previous year if such records are available; or (2) by retrospective application of discharge records obtained after the measuring equipment has been approved in accordance with the requirements of Clause 401 (1); or (3) by use of the method set out in Clause 401 (1) where the faulty measuring equipment is the method set out in Clause 401 (1). 406. Maintenance of Equipment to Measure Volume (1) Where the Occupier has installed volume measuring equipment approved by the Authorised Officer the same shall be maintained in correct adjustment and working condition by the Occupier and the Authorised Officer shall determine the adequacy of such maintenance. (2) Where the Authorised Officer has determined that the maintenance of such volume measuring equipment is inadequate Coliban Water shall notify the Occupier of the same in writing signed by the Authorised Officer and where the Occupier fails to remedy within the time specified in such notice any defects in the volume measuring equipment or fails to ensure within the time specified in such notice that such equipment is returned to a state of correct adjustment and proper working condition, Coliban Water may by its officers servants agents and workmen enter upon such Property and carry out such works at the expense of the Occupier as are necessary to remedy any defects in the volume measuring equipment and to ensure that such equipment is in correct adjustment and proper work condition. 407. Records to be Available Where the agreement requires the Occupier to submit to Coliban Water any records, then notwithstanding any requirements in such agreement specifying the times of submission of the said records, the Occupier shall on demand of the Authorised Officer make available to Coliban Water all such records, or if approved by the Authorised Officer bona fide copies of such records, covering a period of not less than two years immediately preceding the date of such demand. Page 11
Chapter 5 Waste Quality 501. Mean Values of Components and Characteristics (1) For the purposes of this chapter the mean value of the concentration of any component or characteristic of the Waste discharged to Sewer or Drain is defined to be the total mass load of such component or characteristic discharged in the Waste to a Sewer or Drain divided by the total volume of Waste discharged to a Sewer or Drain during the relevant billing period for charges for Waste discharged to a Sewer or Drain or such other period as is agreed upon between the Occupier and Coliban Water. (2) Unless specified in the agreement the mean value of the concentration of any component or characteristic used for any billing period to assess charges for Waste discharged to a Sewer or Drain will be determined in accordance with the provisions of this chapter and the Occupier shall be advised of the mean value of the concentration of such components or characteristics. 502. Coliban Water to Determine Waste Quality Coliban Water may by its Authorised Officer arrange for the sampling and analysis of the Waste discharged to a Sewer or Drain to determine the mean value of the Chemical Oxygen Demand concentration, Suspended Solids concentration, Total Kjeldahl Nitrogen concentration, Phosphorus concentration, and the concentration of any other component or characteristic. 503. Occupier May Determine Waste Quality Notwithstanding the provisions of Clause 502 the Authorised Officer may from time to time and at such times as may be specified in the agreement require the Occupier to submit a signed Waste quality declaration giving full details of: (1) the mean value of the Chemical Oxygen Demand concentration of the Waste discharged to a Sewer or Drain, (2) the mean value of the Suspended Solids concentration of the Waste discharged to a Sewer or Drain, (3) the mean value of the Total Kjeldahl Nitrogen concentration of the Waste discharged to a Sewer or Drain, (4) the mean value of the Phosphorus concentration of the Waste discharged to a Sewer or Drain, (5) the mean value of the concentration of any other component or characteristic of the Waste discharged to a Sewer or Drain as specified in the agreement or as required by the Authorised Officer. (6) any other information as required by the Authorised Officer on the mass loads of the Chemical Oxygen Demand, Suspended Solids, Total Kjeldahl Nitrogen and Phosphorus and any other component or characteristic of the Waste discharged to a Sewer or Drain and on the methods used to ascertain such mass loads, and the Occupier shall comply within the time specified. 504. Determination of Mean Values (1) The method of sampling the Waste including the points at which samples are to be taken, to determine the mean values of the Chemical Oxygen Demand concentration, Suspended Solids concentration, Total Kjeldahl Nitrogen concentration, Phosphorus concentration and the concentration of any other Page 12
component or characteristic of such Waste discharged to a Sewer or Drain shall be as specified in the agreement and in the event of any dispute the Managing Director or his delegate shall in his sole discretion determine the method of sampling to be used. (2) The methods to be used to determine the mean values of the Chemical Oxygen Demand concentration, Suspended Solids concentration, Total Kjeldahl Nitrogen concentration, Phosphorus concentration and the concentration of any other component or characteristic of the Waste discharged to a Sewer or Drain shall be as specified in the agreement and in the event of any dispute the Managing Director or his delegate shall in his sole discretion determine such methods to be used. 505. Specification of Waste Quality for Charging Purposes (1) When determining for any Waste discharged to a Sewer or Drain the mean value of the Chemical Oxygen Demand concentration, Suspended Solids concentration, Total Kjeldahl Nitrogen concentration, Phosphorus concentration and the concentration of any other component or characteristic specified in the agreement or for determining the level or mass loads of such components or characteristics which are to be used for the purposes of assessing charges for such Waste the Authorised Officer shall take into consideration: any information contained in any Waste quality declaration submitted by the Occupier to Coliban Water pursuant to Clause 503 of this bylaw; any measurements or determinations made by Coliban Water of the mean value or the mass load of any or all of the said components or characteristics. (2) Where for any Waste discharged to a Sewer or Drain the Authorised Officer is of the opinion that the declaration made by the Occupier is not an accurate estimate of the mean value of the Chemical Oxygen Demand concentration, Suspended Solids concentration, Total Kjeldahl Nitrogen concentration, Phosphorus concentration and the concentration of any other components or characteristics specified in this by-law or in the agreement to be used for the purpose of determining the mass loads of such components or characteristics which are to be used for the purpose of assessing charges for such Waste discharged to a Sewer or Drain the mean value of the concentration of such components or characteristics shall be as determined by the Authorised Officer. (3) In the event of any dispute regarding the volume of Waste discharged to a Sewer or Drain or the mean value of the Chemical Oxygen Demand concentration, Suspended Solids concentration, Total Kjeldahl Nitrogen concentration, Phosphorus concentration and the concentration of any other components or characteristics used for the purpose of assessing charges for Waste discharged to a Sewer or Drain the Managing Director or his delegate shall in his sole discretion determine the volume of Waste discharged to a Sewer or Drain or the mean value of the Chemical Oxygen Demand concentration, Suspended Solids concentration, Total Kjeldahl Nitrogen concentration, Phosphorus concentration and the concentration of any other components or characteristics used for the purpose of assessing charges for such Waste discharged. 506. Cost of Determining the Waste Quality All expenses and costs incurred in determining the mean value of the concentration or level of any component or characteristic of the Waste discharged to a Sewer or Drain referred to in this chapter or specified in the agreement shall be payable by the Occupier irrespective of whether such expenses and costs are incurred by Coliban Water or Occupier. Page 13
Chapter 6 Charges 601. Mean Values of Components and Characteristics (1) For the purposes of this chapter the mean value of the concentration of any component or characteristic of the Waste discharged to a Sewer or Drain is defined to be the total mass load of such component or characteristic discharged in the Waste to a Sewer or Drain divided by the total volume of Waste discharged to a Sewer or Drain during the relevant billing period for charges for Waste discharged to a Sewer or Drain or such other period as is agreed upon between the Occupier and Coliban Water. (2) Unless specified in the agreement the mean value of the concentration of any other component or characteristic used for any billing period to assess charges for Waste discharged to a Sewer or Drain will be determined in accordance with the provisions of this chapter and the Occupier shall be advised of the mean value of the concentrations of such components or characteristics. 602. Charges The Occupier of a Property from which Waste is discharged to a Sewer or Drain shall pay charges for the twelve (12) month period 1st July to the 30th June calculated from Waste Volume and the mean values of any of the following : (1) Chemical Oxygen Demand concentration (2) Biochemical Oxygen Demand concentration (3) Suspended Solids concentration (4) Total Kjeldahl Nitrogen concentration (5) Phosphorus concentration and the concentration of any other component or characteristic as set by the Authorised Officer from time to time. If at the discretion of the Authorised Officer the maximum level of the concentration of any compound would require modification to the treatment process, the charges may be calculated using this maximum value in place of the mean value for the whole 12 month period. 603. Minor Waste Where in the opinion of the Authorised Officer any Waste is discharged at such a flow and is of such composition as to be considered a minor Waste then the Occupier of the Property from which such Waste is discharged to the Sewer or Drain shall pay the annual Minor Waste charge as set by Coliban Water from time to time. 604. Payment of Trade Waste Charges The date for the forwarding of accounts for Trade Waste Licences and the due date for payment shall be set by Coliban Water from time to time Page 14
Chapter 7 Termination of Agreement 701. Permission to Discharge after Termination of Agreement Where Coliban Water has given the Occupier of a Property from which Waste is discharged to a Sewer or Drain 90 days notice in writing that the agreement currently in force is to be terminated then Coliban Water may by further notice in writing signed by the Authorised Officer permit the continued discharge of such Waste to a Sewer or Drain after termination of the said agreement until such time as a new agreement has been entered into or until such time as specified in the said further notice subject to compliance with the terms and conditions of the agreement then in force and such amended and additional terms conditions and charges as may be considered necessary by the Authorised Officer. 702. Withdrawal of Permission Coliban Water may by notice in writing signed by the Authorised Officer withdraw the permission to discharge given pursuant to Clause 701 and the discharge of Waste to a Sewer or Drain shall cease upon the date specified in the notice. Page 15
Chapter 8 Food Waste 801. Food Waste as Trade Waste For the purpose of this chapter Food Waste is declared to be Trade Waste and the discharge of Food Waste to a Sewer or Drain shall at all times be in accordance with the terms and conditions imposed in particular by this chapter and in general this by-law, and shall at all times be subject to the charges prescribed by Coliban Water. 802. Discharge of Food Waste (1) The Occupier of the Property shall not discharge or permit the discharge to a Sewer or Drain of any Food Waste unless such Food Waste has passed through a grinding, mashing, shredding or mincing unit, rated at not less than 180 watts, the design, capacity and method of installation of which have been approved by the Authorised Officer. (2) Any Occupier of any Property who fails to comply with the provisions of this clause shall be guilty of an offence against this by-law. Page 16
Chapter 9 General Provisions 901. Offences Against this by-law Every person shall be guilty of an offence against this by-law who: (1) Does any act forbidden by the by-law or permits or allows such act to be done or fails to do any act required by this by-law to be done; or (2) Neglects or refuses, to carry out or comply with any order notice or direction given by Coliban Water or by the Authorised Officer pursuant to the provisions of this by-law; or (3) Obstructs, impedes or interferes with any Authorised Officer, employee, servant, agent, workman or contractor of Coliban Water in carrying out any inspection, test or work authorised under this by-law; or (4) Does any act contrary to or permits or allows such act to be done contrary to or fails to comply with Clause 201 or Clause 802 (2). 902. Penalties Any person guilty of an offence against this by-law shall be liable to a penalty not exceeding 200 Penalty Units and in the case of a continuing offence shall be liable to a further penalty not exceeding 80 Penalty Units for each day during which such offence is continued after conviction or after service by Coliban Water upon such person of notice of an offence, whichever is earlier. 903. Coliban Water may Restrain Discharge Without Agreement (1) Where Waste is discharged from a Property to a Sewer or Drain and the Occupier of such Property has no agreement with Coliban Water for the discharge of such Waste from the Property to a Sewer or Drain Coliban Water may through its officers servants agents and workmen enter upon such Property and carry out such works as may be necessary to restrain the discharge of the Waste into the Sewer or Drain. (2) In addition to a penalty, any expense incurred by Coliban Water in consequence of a breach of this by-law or in the execution of work directed by this by-law to be executed by any person and not executed by that person shall be paid by the person committing such breach or failing to execute such work. 904. Lodgement of Notices (1) Every notice statement or other document required or authorised under the agreement or the provisions of this by-law to be given in writing to Coliban Water, or to the Corporate Secretary or to the Authorised Officer, shall be complete in every particular and signed and dated by the person required to give such notice statement or other document. (2) Unless otherwise expressly provided every notice statement or other document required to be given in writing to Coliban Water, to the Corporate Secretary or to the Authorised Officer under the agreement or the provisions of this by-law shall be: delivered to; or sent by post to; or (c) sent by facsimile to; Page 17
Coliban Water's address. Provided always however that where such notice, statement or other document is required to be given within the stated time, no such notice, statement or other document shall be deemed to have been given unless delivered, posted or facsimiled within the time required. 905. Notice, Order or Direction, Authority &c. - How Given, Withdrawn or Altered In any case where, pursuant to the agreement or any provisions of this by-law, Coliban Water gives to any person or withdraws or alters any: (1) Authority, permission, consent, sanction, approval or agreement; or (2) Order or direction; or (3) Notice - Coliban Water may convey or notify the same in writing signed by the Corporate Secretary or the Authorised Officer, as is appropriate, or as has been specified in the agreement or this by-law, or, in those cases in which writing is not required by the agreement or this by-law, the same may be given by parol, but only by the Corporate Secretary or by the Authorised Officer, as is appropriate, or as has been specified in the agreement or this by-law. Page 18
The foregoing by-law was made by the Coliban Region Water Corporation The OFFICIAL SEAL of Coliban Region Water Corporation was hereto affixed in the presence of: Chairperson/Member Managing Director/Corporate Secretary Page 19