Epworth (Water Pollution and Trade Effluent Control) By-laws, 2020

Epworth (Water Pollution and Trade Effl uent Control) By-laws, 2020 732 With respect to (1)(d) storm water is prohibited from entering the Municipal sewerage system from any source with the premises including— (a) Unroofed structures including wash bay; (b) Broken or low sewer inlet gullys; (c) Broken sewer manhole covers; (d) Broken sewer pipes etc. SECOND SCHEDULE (Section 8) TRADE EFFLUENT TARIFF CHARGES FORMULA Effl uent Charge = ${[(Sft – 80) / 50 x P] + B} x Volume of trade effl uent discharged into sewer Where Sft = Effl uent Strength factor (absorbed Oxygen) = PV mg/l 80 = Maximum permissible effluent strength (absorbed oxygen) PV mg/l 50 = Unit penalty strength factor PV mg/l P = Unit penalty charge per every unit penalty strength of PV 50mg/l (US cents) B = Basic charge of effl uent per m3 V = Volume of trade effl uent discharged into sewer NB: A company A discharges 2000m3 of effl uent into the Municipal sewer and has an average monthly effl uent strength factor of PV 1580mg/l. Effl uent basic charge = US0,50 Unit Penalty Charge = US0,30 .˙. Effl uent charge = US${[(Sft – 80) / 50 x P] + B}x Volume = US${[(1580 – 80) / 50 x 0,30] + 0,50}x 2000 = US$19 000,00 Supplement to the Zimbabwean Government Gazette dated the 12th June, 2020. Printed by the Government Printer, Harare. S.I. 132 of 2020 725 Statutory Instrument 132 of 2020. [CAP. 29:15 Epworth (Water Pollution and Trade Effl uent Control) By-laws, 2020 ARRANGEMENT OF SECTIONS Section 1. Title. 2. Application. 3. Interpretation. 4. Pre-treatment facilities. 5. Pollution abatement facilities. 6. Prohibition of discharge of trade effl uent and hazardous substances. 7. Inspection of premises. 8. Trade effl uent tariff charges. 9. Offences and penalties. FIRST SCHEDULE: Discharge standards. SECOND SCHEDULE: Trade effl uent tariff charges formula. IT is hereby notifi ed that the Minister of Public Works and National Housing has, in terms of section 229 of the Urban Councils Act [Chapter 29:15], approved the following by-laws made by the Epworth Local Board:— Title 1. These by-laws may be cited as the Epworth (Water Pollution and Trade Effl uent Control) By-laws, 2020. Application 2. These by-laws shall apply to the area under the jurisdiction of the Epworth Local Board. Interpretation 3. In these by-laws— “Act” means the Urban Councils Act [Chapter 29:15]; DISTRIBUTED BY VERITAS e-mail: veritas@mango.zw; website: www.veritaszim.net Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. Epworth (Water Pollution and Trade Effl uent Control) By-laws, 2020 726 “Board” means the Epworth Local Board; “designated offi cer” means any person employed by the Board and authorised to carry out any functions in terms of these by-laws; “private drain” means a conduit for conveyance of storm water or any surface subsoil or spring water from one premises to a public drain; “private sewer” means, a sewer, exclusive of waste pipes soil pipes and vent pipes, for the purpose of conveying to a combined private sewer, a public sewer or a conserving tank or other receptacle the sewage from one premises and includes all other things necessary in connection therewith; “public drain” means a conduit vested in, under the control of or used by Municipality or town for the conveyance of storm water or any surface, subsoil or spring water and includes all other things necessary in connection therewith; “public sewer” means a sewer vested in or under the control of or used by a municipality or town into which is discharged or intended to be discharged sewage from private sewers or combined private sewers and includes pipes, manholes, chambers, ventilating shafts, ejectors, sluices and all other things necessary in connection therewith; “public stream” has the meaning given to it in section 2 of the Water Act [Chapter 20:24]; “sewage” includes trade effl uents; “sewage works” includes reservoirs, tanks, strainers, fi lters beds, ponds, engines, pumps, machinery, buildings, lands and all other works and things except public sewers which are necessary for the treatment and disposal of sewage; “storm-water” means all fl ow of water directly due to rainfall before such water joins a public stream’; S.I. 132 of 2020 731 ITEM CONCENTRATION Total suspended solids (mg/l) 600 BOD at 20o Celsius (mg/l) 1500 max 4Hr PV (mg/l) 80 max COD (mg/l) 1000 max Total Kjeldahl Nitrogen (KN) (mg/l) 200 max Detergents (mg/l)(an oxol.O.T) 20 max Soap, oils, and fats (mg/l) 50 max Mineral oils & Volatile Solvents (mg/l) Nil Silver (Ag) (mg/l) 10 max Arsenic (As) (mg/l) Nil Cadmium (Cd) (mg/l) 15 max Chloride (Cl) (mg/l) 500 max Cyanide (CN) (mg/l) (mg/l) Nil Cobalt (Co) (mg/l) 1 max Total Chromium (mg/l) 10 max Chromium (vi) (mg/l) Nil Copper (Cu) (mg/l) 15 max Mercury (Hg) (mg/l) 0.5 max Nickel (Nil) (mg/l) 15 max Lead (Pb) (mg/l) 10 max Other heavy metals not specifi ed 50 max Individual limit Total phosphates (mg/l) 30 max Sulphate SO4) (mg/l) 1000 max Zinc (Zn) (mg/l) 15 max Pesticides Herbicides (mg/l) Nil pH (mg/l) 6.8-9.0 Temperature oC Not exceeding 45 Settleable Solids cm3/l Not exceeding 10cc/l In addition, effl uent should not contain any toxic matter or any matter that will cause blockage and damage to sewers. Infl ammable material and tar should not be present in the fi nal effl uent entering the sewer. Epworth (Water Pollution and Trade Effl uent Control) By-laws, 2020 730 St is the suspended-solids content of the trade effl uent Ss is the suspended-solids content of the sewage S is the cost of sludge treatment and disposal per m3 Offences and penalties 9. (1) Any person who— (a) knowingly gives any false information to a designated offi cer of the Quality Assurance Manager; or (b) unlawfully attempts to obstruct, hinder or prevent or causes to be obstructed, hindered or prevented, a designated offi cer or the Quality Assurance Manager in the exercise of his or her duties under these by-laws; or (c) contravenes or fails to comply with any of the provisions of these by-laws or fails to comply with any notice, direction, instruction or order issued in terms of these by-laws. shall be guilty of an offence and liable on conviction to a fi ne equivalent to level 10 or, in event of default, to imprisonment for a period not exceeding six months. In the case of a continuing offence a further fi ne, not exceeding level 8 may be imposed for every day during the continuance of the offence. (2) A conviction for an offence referred to in subsection (1) shall not be a bar to further prosecution(s) for a continuation of the offence: Provided that a person found guilty of discharging industrial effl uent into storm water drain shall be further liable to pay restitution and reparations to Council for the cost incurred in making good the damage, occasioned by stopping entry of offensive substances into public sewer or public drain, removing offensive substances and repairing the damage occasioned. FIRST SCHEDULE (Section 4) DISCHARGE STANDARDS Discharge Standards into the sewer Unit mg/l(unless otherwise stated) S.I. 132 of 2020 727 “trade effl uent” means any liquid with or without particles of matter suspended therein which is produced either wholly or in part or results from or has been or was intended to be used in any trade or business or commercial, manufacturing or industrial process. Pre-treatment facilities 4. (1) Any person involved in the production or manufacturing of commodities resulting in the discharge of trade effl uent shall install within his or her business premises, pre-treatment facilities or works, which shall treat the effl uent so produced to meet the discharge standards as determined by the Engineer of the Board. (2) On submission of new or alteration building plans of production process or activities that result in discharge of trade effl uent, detailed pre-treatment facilities or works diagrams must be incorporated to the satisfaction of the Engineer of the Board before the plans are approved by Board. (3) Any pre-treatment facilities or works installed at any commercial or industrial premises shall be duly inspected by the Engineer of the Board, who shall issue a certifi cate of compliance if the pre-treatment facilities or works are satisfactory following positive conformity tests of the fi nal effl uent. (4) The Board Engineer shall issue, at a prescribed fee, the necessary licence for the discharge of trade effl uent into the Municipal sewer and the licence shall be withdrawn whenever the trade effl uent fails to meet the discharge standards laid down in the First Schedule. Pollution abatement facilities 5. (1) Any owner or occupier of a trade premises carrying out any production, manufacturing or industrial process should ensure that such production is done in appropriate building that is provided with the necessary pollution abatement facilities as prescribed by the Board Engineer and discharge the effl uent so produced only into the Municipal sewer after the said effl uent has been subjected to such treatment so as to meet the discharge standards set out in section 173 (4) of the Act. Epworth (Water Pollution and Trade Effl uent Control) By-laws, 2020 728 (2) Any owner or occupier of trade premises should provide appropriate storage facilities for waste and raw materials with the necessary pollution abatement facilities as prescribed by the Board Engineer. Prohibition of discharge of trade effl uent and hazardous substances 6. (1) No person shall discharge trade effl uent into the public sewer unless such trade effl uent complies with the standards set. (2) No person shall cause, permit or allow trade effl uent to enter a public storm-water drain or any stream. (3) No person shall cause, permit or allow to enter any hazardous substances, chemical, oil or a mixture containing oil into the public storm water drain. (4) No person shall store mineral oils in the open that would result in discharge into the public storm water drain. (5) No person shall carry out operation in the open that would result in offensive pollutants discharge into the public storm water drain. (6) No person shall store solid substances in the open that would result in hazardous leachate from the substance discharge into the public storm water drain. (7) The Board may stop entry of offensives substances into public sewer or public drain by isolating the premises from the public sewer or public drain where any person discharges or puts into or permits to enter a public sewer or public drain any solid, liquid or gaseous substances which is prohibited in the by-laws and may recover expenses incurred by it in stopping such entry. (8) The Board may repair and make good any damage effected by the discharge of effl uent in contravention of subsections (1) and (2) above and recover the expense incurred thereby from the person responsible. (9) The Board may close down operations of industrial, manufacturing or production process where any person has contravened subsections (1) and (2) of this section until such a time compliance is achieved. S.I. 132 of 2020 729 (10) In the event of a spill or accidental discharge the person or persons responsible for the incident shall immediately report the incident to the Board engineer who shall supervise the clean-up process and making good the damage done. Inspection of premises 7. (1) A designated offi cer shall have access to trade premises at any reasonable time during the normal business hours for inspection purpose. (2) Any samples of trade effl uent collected from trade premises by a designated offi cer shall be taken for testing by the Board Engineer or any person duly authorised by him/her for the purpose of compliance to discharge standards and trade effl uent tariffs charges. Trade effl uent tariff charges 8. (1) Trade Effl uent charges are based on the formular for effl uent. (2) Where the effl uent has oxidising agents the effl uent tariff charges are based on the “Mogden formula”, which include reception conveyance costs and primary treatment costs that are a function of volume. Biological treatment and sludge treatment and disposal costs are a function of both volume and composition. The strength of the effl uent is normally measured as the chemical oxygen demand (COD). Sludge treatment charges are based on either the Settle able solids or the total suspended solids in the effl uent. Where Settle able solids are used, the COD of the settled effl uent is also used. The formula which is normally applied is— C = R + V + Ot x B + St x S Os Ss (3) Where C is the charge per m3— R is the cost of reception and conveyance per m3 V is the cost of primary treatment per m3 Ot is the biological strength (COD) of the trade effl uent Os is the biological strength (COD) of the sewage B is the cost of biological treatment per m3 Epworth (Water Pollution and Trade Effl uent Control) By-laws, 2020 728 (2) Any owner or occupier of trade premises should provide appropriate storage facilities for waste and raw materials with the necessary pollution abatement facilities as prescribed by the Board Engineer. Prohibition of discharge of trade effl uent and hazardous substances 6. (1) No person shall discharge trade effl uent into the public sewer unless such trade effl uent complies with the standards set. (2) No person shall cause, permit or allow trade effl uent to enter a public storm-water drain or any stream. (3) No person shall cause, permit or allow to enter any hazardous substances, chemical, oil or a mixture containing oil into the public storm water drain. (4) No person shall store mineral oils in the open that would result in discharge into the public storm water drain. (5) No person shall carry out operation in the open that would result in offensive pollutants discharge into the public storm water drain. (6) No person shall store solid substances in the open that would result in hazardous leachate from the substance discharge into the public storm water drain. (7) The Board may stop entry of offensives substances into public sewer or public drain by isolating the premises from the public sewer or public drain where any person discharges or puts into or permits to enter a public sewer or public drain any solid, liquid or gaseous substances which is prohibited in the by-laws and may recover expenses incurred by it in stopping such entry. (8) The Board may repair and make good any damage effected by the discharge of effl uent in contravention of subsections (1) and (2) above and recover the expense incurred thereby from the person responsible. (9) The Board may close down operations of industrial, manufacturing or production process where any person has contravened subsections (1) and (2) of this section until such a time compliance is achieved. S.I. 132 of 2020 729 (10) In the event of a spill or accidental discharge the person or persons responsible for the incident shall immediately report the incident to the Board engineer who shall supervise the clean-up process and making good the damage done. Inspection of premises 7. (1) A designated offi cer shall have access to trade premises at any reasonable time during the normal business hours for inspection purpose. (2) Any samples of trade effl uent collected from trade premises by a designated offi cer shall be taken for testing by the Board Engineer or any person duly authorised by him/her for the purpose of compliance to discharge standards and trade effl uent tariffs charges. Trade effl uent tariff charges 8. (1) Trade Effl uent charges are based on the formular for effl uent. (2) Where the effl uent has oxidising agents the effl uent tariff charges are based on the “Mogden formula”, which include reception conveyance costs and primary treatment costs that are a function of volume. Biological treatment and sludge treatment and disposal costs are a function of both volume and composition. The strength of the effl uent is normally measured as the chemical oxygen demand (COD). Sludge treatment charges are based on either the Settle able solids or the total suspended solids in the effl uent. Where Settle able solids are used, the COD of the settled effl uent is also used. The formula which is normally applied is— C = R + V + Ot x B + St x S Os Ss (3) Where C is the charge per m3— R is the cost of reception and conveyance per m3 V is the cost of primary treatment per m3 Ot is the biological strength (COD) of the trade effl uent Os is the biological strength (COD) of the sewage B is the cost of biological treatment per m3 Epworth (Water Pollution and Trade Effl uent Control) By-laws, 2020 730 St is the suspended-solids content of the trade effl uent Ss is the suspended-solids content of the sewage S is the cost of sludge treatment and disposal per m3 Offences and penalties 9. (1) Any person who— (a) knowingly gives any false information to a designated offi cer of the Quality Assurance Manager; or (b) unlawfully attempts to obstruct, hinder or prevent or causes to be obstructed, hindered or prevented, a designated offi cer or the Quality Assurance Manager in the exercise of his or her duties under these by-laws; or (c) contravenes or fails to comply with any of the provisions of these by-laws or fails to comply with any notice, direction, instruction or order issued in terms of these by-laws. shall be guilty of an offence and liable on conviction to a fi ne equivalent to level 10 or, in event of default, to imprisonment for a period not exceeding six months. In the case of a continuing offence a further fi ne, not exceeding level 8 may be imposed for every day during the continuance of the offence. (2) A conviction for an offence referred to in subsection (1) shall not be a bar to further prosecution(s) for a continuation of the offence: Provided that a person found guilty of discharging industrial effl uent into storm water drain shall be further liable to pay restitution and reparations to Council for the cost incurred in making good the damage, occasioned by stopping entry of offensive substances into public sewer or public drain, removing offensive substances and repairing the damage occasioned. FIRST SCHEDULE (Section 4) DISCHARGE STANDARDS Discharge Standards into the sewer Unit mg/l(unless otherwise stated) S.I. 132 of 2020 727 “trade effl uent” means any liquid with or without particles of matter suspended therein which is produced either wholly or in part or results from or has been or was intended to be used in any trade or business or commercial, manufacturing or industrial process. Pre-treatment facilities 4. (1) Any person involved in the production or manufacturing of commodities resulting in the discharge of trade effl uent shall install within his or her business premises, pre-treatment facilities or works, which shall treat the effl uent so produced to meet the discharge standards as determined by the Engineer of the Board. (2) On submission of new or alteration building plans of production process or activities that result in discharge of trade effl uent, detailed pre-treatment facilities or works diagrams must be incorporated to the satisfaction of the Engineer of the Board before the plans are approved by Board. (3) Any pre-treatment facilities or works installed at any commercial or industrial premises shall be duly inspected by the Engineer of the Board, who shall issue a certifi cate of compliance if the pre-treatment facilities or works are satisfactory following positive conformity tests of the fi nal effl uent. (4) The Board Engineer shall issue, at a prescribed fee, the necessary licence for the discharge of trade effl uent into the Municipal sewer and the licence shall be withdrawn whenever the trade effl uent fails to meet the discharge standards laid down in the First Schedule. Pollution abatement facilities 5. (1) Any owner or occupier of a trade premises carrying out any production, manufacturing or industrial process should ensure that such production is done in appropriate building that is provided with the necessary pollution abatement facilities as prescribed by the Board Engineer and discharge the effl uent so produced only into the Municipal sewer after the said effl uent has been subjected to such treatment so as to meet the discharge standards set out in section 173 (4) of the Act. Epworth (Water Pollution and Trade Effl uent Control) By-laws, 2020 726 “Board” means the Epworth Local Board; “designated offi cer” means any person employed by the Board and authorised to carry out any functions in terms of these by-laws; “private drain” means a conduit for conveyance of storm water or any surface subsoil or spring water from one premises to a public drain; “private sewer” means, a sewer, exclusive of waste pipes soil pipes and vent pipes, for the purpose of conveying to a combined private sewer, a public sewer or a conserving tank or other receptacle the sewage from one premises and includes all other things necessary in connection therewith; “public drain” means a conduit vested in, under the control of or used by Municipality or town for the conveyance of storm water or any surface, subsoil or spring water and includes all other things necessary in connection therewith; “public sewer” means a sewer vested in or under the control of or used by a municipality or town into which is discharged or intended to be discharged sewage from private sewers or combined private sewers and includes pipes, manholes, chambers, ventilating shafts, ejectors, sluices and all other things necessary in connection therewith; “public stream” has the meaning given to it in section 2 of the Water Act [Chapter 20:24]; “sewage” includes trade effl uents; “sewage works” includes reservoirs, tanks, strainers, fi lters beds, ponds, engines, pumps, machinery, buildings, lands and all other works and things except public sewers which are necessary for the treatment and disposal of sewage; “storm-water” means all fl ow of water directly due to rainfall before such water joins a public stream’; S.I. 132 of 2020 731 ITEM CONCENTRATION Total suspended solids (mg/l) 600 BOD at 20o Celsius (mg/l) 1500 max 4Hr PV (mg/l) 80 max COD (mg/l) 1000 max Total Kjeldahl Nitrogen (KN) (mg/l) 200 max Detergents (mg/l)(an oxol.O.T) 20 max Soap, oils, and fats (mg/l) 50 max Mineral oils & Volatile Solvents (mg/l) Nil Silver (Ag) (mg/l) 10 max Arsenic (As) (mg/l) Nil Cadmium (Cd) (mg/l) 15 max Chloride (Cl) (mg/l) 500 max Cyanide (CN) (mg/l) (mg/l) Nil Cobalt (Co) (mg/l) 1 max Total Chromium (mg/l) 10 max Chromium (vi) (mg/l) Nil Copper (Cu) (mg/l) 15 max Mercury (Hg) (mg/l) 0.5 max Nickel (Nil) (mg/l) 15 max Lead (Pb) (mg/l) 10 max Other heavy metals not specifi ed 50 max Individual limit Total phosphates (mg/l) 30 max Sulphate SO4) (mg/l) 1000 max Zinc (Zn) (mg/l) 15 max Pesticides Herbicides (mg/l) Nil pH (mg/l) 6.8-9.0 Temperature oC Not exceeding 45 Settleable Solids cm3/l Not exceeding 10cc/l In addition, effl uent should not contain any toxic matter or any matter that will cause blockage and damage to sewers. Infl ammable material and tar should not be present in the fi nal effl uent entering the sewer. Epworth (Water Pollution and Trade Effl uent Control) By-laws, 2020 732 With respect to (1)(d) storm water is prohibited from entering the Municipal sewerage system from any source with the premises including— (a) Unroofed structures including wash bay; (b) Broken or low sewer inlet gullys; (c) Broken sewer manhole covers; (d) Broken sewer pipes etc. SECOND SCHEDULE (Section 8) TRADE EFFLUENT TARIFF CHARGES FORMULA Effl uent Charge = ${[(Sft – 80) / 50 x P] + B} x Volume of trade effl uent discharged into sewer Where Sft = Effl uent Strength factor (absorbed Oxygen) = PV mg/l 80 = Maximum permissible effluent strength (absorbed oxygen) PV mg/l 50 = Unit penalty strength factor PV mg/l P = Unit penalty charge per every unit penalty strength of PV 50mg/l (US cents) B = Basic charge of effl uent per m3 V = Volume of trade effl uent discharged into sewer NB: A company A discharges 2000m3 of effl uent into the Municipal sewer and has an average monthly effl uent strength factor of PV 1580mg/l. Effl uent basic charge = US0,50 Unit Penalty Charge = US0,30 .˙. Effl uent charge = US${[(Sft – 80) / 50 x P] + B}x Volume = US${[(1580 – 80) / 50 x 0,30] + 0,50}x 2000 = US$19 000,00 Supplement to the Zimbabwean Government Gazette dated the 12th June, 2020. Printed by the Government Printer, Harare. S.I. 132 of 2020 725 Statutory Instrument 132 of 2020. [CAP. 29:15 Epworth (Water Pollution and Trade Effl uent Control) By-laws, 2020 ARRANGEMENT OF SECTIONS Section 1. Title. 2. Application. 3. Interpretation. 4. Pre-treatment facilities. 5. Pollution abatement facilities. 6. Prohibition of discharge of trade effl uent and hazardous substances. 7. Inspection of premises. 8. Trade effl uent tariff charges. 9. Offences and penalties. FIRST SCHEDULE: Discharge standards. SECOND SCHEDULE: Trade effl uent tariff charges formula. IT is hereby notifi ed that the Minister of Public Works and National Housing has, in terms of section 229 of the Urban Councils Act [Chapter 29:15], approved the following by-laws made by the Epworth Local Board:— Title 1. These by-laws may be cited as the Epworth (Water Pollution and Trade Effl uent Control) By-laws, 2020. Application 2. These by-laws shall apply to the area under the jurisdiction of the Epworth Local Board. Interpretation 3. In these by-laws— “Act” means the Urban Councils Act [Chapter 29:15];