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HomeMy WebLinkAboutEGD-032-07 CI~J!:iQglOn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: EGD-032-07 File#: Resolution #: G-14\ -2q~O-:t By-law #: 2oo-=!-- ()"fCL Date: Tuesday April 10, 2007 Subject: EXECUTION OF AGREEMENT WITH THE REGION OF DURHAM HEALTH DEPARTMENT TO DELEGATE RESPONSIBILITY FOR ADMINISTRATION AND ENFORCEMENT IN RESPECT TO SEWAGE SYSTEMS Recommendations: 1. THAT Report EGD-032-07 be received; 2. THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, the agreement with the' Regional Municipality of Durham attached to Report EGD-032-07, for the administration of the Building Code Act and the Ontario Building Code, as it relates to the enforcement of small capacity sewage systems; and 3. THAT Council approve the by-law attached to Report EGD-032-07 to confirm its decision to enter into an agreement with the Regional Municipality of Durham; and 4. THAT a copy of this report, Council's resolution and the by-law be forwarded to the Regional Municipality of Durham. ""bm;.ed by' ~ A.S. Cannella, CET. Director of Engineering Services ( ".. OQ"6 JLA Reviewed b~---"~ - '--" .. Franklin Wu Chief Administrative Officer ASC/RP/jo March 21,2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905) 623-0830 Report No.: EGD-032-07 Page 2 1.0 BACKGROUND 1.1 On March 31, 2004, the Municipality of Clarington entered into an agreement with the Region of Durham Health Department for the purpose of delegating to the Region the responsibility for the administration and enforcement of small capacity sewage systems (up to 10,000 litres per day) in the Municipality of Clarington. This agreement is valid for a period of 3 years and expires on March 31,2007. 1.2 Staff would like to delegate the responsibility of administration and enforcement with respect to small sewage systems, to the Region of Durham for an additional period of three (3) years. 2.0 REVIEW AND COMMENTS 2.1 The Durham Region Health Department has been responsible for the enforcement of all sewage systems and issuing of permits in the Municipality of Clarington for the past 9 years. The Health Inspector operates three (3) days per week, for one (1) hour each day, out of the Municipal Administration Building, answering inquiries and accepting and issuing septic permits. 2.2 Staff has had ongoing discussions with the Region of Durham and we are of the opinion that they should continue with the administration and enforcement of sewage systems through the Health Department. 3.0 AGENCY & PUBLIC COMMENTS 3.1 The Durham Region Health Department has drafted an agreement (Attachment 1) which will allow them to continue the enforcement of small sewer systems. The agreement covers a period of three (3) years commencing April 1, 2007 and ending March 31,2010. It should be noted that any party may terminate the agreement for any reason upon giving 180 days prior written notice to the other party. The agreement also allows the Region to prescribe fees for sewage system applications and other services that reflect the actual costs of administering the program. Staff has reviewed the agreement and is satisfied it represents the interests of the Municipality of Clarington. Report No.: EGD-032-07 Page 3 3.2 The Region of Durham has increased the user fees for septic approval and attached is a copy of Schedule "A" with the 2004 user fees (Attachment 2) and Schedule "A" with the 2007 user fees (Attachment 3), for comparison. These fees are determined on a cost recovery basis and have not been increased since 1998. 3.3 The attached by-law (Attachment 4) is necessary to confirm Council's decision to extend the transfer of authority for small capacity sewage systems to the Regional Municipality of Durham for an additional three (3) year period. Attachments: Attachment 1 - Attachment 2 - Attachment 3 - Attachment 4 - 2007 Sewage System Management Agreement Schedule "A" of 2004 Sewage System Management Agreement Schedule "A" of 2007 Sewage System Management Agreement Proposed by-law -1- ATTACHMENT NO.:1 REPORT NO.: EGD-D32-07 SEWAGE SYSTEM MANAGEMENT AGREEMENT THIS AGREEMENT dated as of the 1st day of April .2007 BETWEEN: THE REGIONAl MUNICIPAliTY OF DURHAM - and- THE CORPORATION OF THE MUNICIPAlITY OF CLARINGTON (the "Municipality") WHEREAS the Region and the Municipality entered into an agreement, dated April 6, 2004 (expiring March 31,2007), for the purpose of delegating to the Region the enbrcement of certain responsibilities under the Building Code Act, 1992, S.O. 1 992, c. 23, as amended (he "Act") and Building Code made thereunder relating to Sewage Systems, pursuant to subsection 6.2(1) of the Act; AND WHEREAS the parties are desirous of executing a renewal agreement tqr a further three (3) year tenm; NOW THEREFORE, in consideration of the mutual covenants herein contained, the receipt and sufficiency of which is acknowledged, the parties hereto agree as follows: ARTiCLE ONE APPliCATION Section 1.01 - Aoolication This Agreement shall be applicable to all lands Wlere no municipal sewers are available in the Municipality (the "Lands"). Section 1.02 - Duties The Health Department shall faithfully carry out its duties hereunder in accordance with the Act and the Building Code in brce from time to time, this Ag..ement and any other legislation contemplated hereunder. ARTICLE TWO DEFINITIONS Section 2.01 - Definitions In this Agreement, (I) WSewage System" means any works for the collection, transmission, treatment and disposal of sewage or any part of such works to which the Act applies with a design capacity of 10,000 litres per day or less; (ii) "Inspector" means an inspector appointed under subsection 6.2(3) of the Act; (iii) "Building Code" means Regulation 350106 made under the Act. ARTICLE THREE SERVICES OF THE HEALTH DEPARTMENT Section 3.01 Services The Health Department shall provide the following services in relation to the Lands: (i) Carry out an inspection of any land which is planned to be divided by severance, where no municipal sewage services are proposed, to ensure that each lot 'Nil! be -2- (ii) suitable for the installation of a Sewage System; (ii) Inspect properties prior to the issuance of a permit under the Act or Building Code for the construction, installation, establishment, enlargement. extension or alteration of a Sewage System; (iii) Issue permits under the Act and Building Code relating to Sewage Systems; (iv) Following the issuance of a permit under the Act or Building Code, inspect and re-inspect, when necessary, Sewage System installations to ascertain compliance with the permit and other requirements under the Act or Building Code; (v) Carry outland inspections to determine the acceptability of applications for minor variances or lot Ilne adjustments as they relate to existing and proposed Sewage Systems and review official plans and zoning by-laws and amendments to ensure compliance with provisions of the Act and Building Code relating to Sewage Systems; (vi) Receive and process applications and requests related to activities listed in paragraphs (i) through'(v) of this section; (vii) Provide reports and comments on minor variances and severances directly to the appropriate planning authority; (viii) Review planning documents including but not limited to subdi'.1sion proposals, draft official plans and proposed amendments to ensure compliance with provisions of the Act and Building Code relating to Sewage Systems; (ix) Attend meetings of Municipal Council and their committees to discuss matters relating to any provisions of the Act or Building Code relating to Sewage Systems; (x) Maintain adequate records of all documents and other materials used in performing the duties required under this Agreement; (xi) Upon reasonable notice by the Municipality, provide reasonable access to the Municipality of all records kept under subsection 3.01 (x) abovei (xii) Consult with various groups regarding compliance with provisions of the Act and the Building Code relating to Sewage Systems; (xiii) Respond to inquiries made by any person under the Municipal Freedom of Information and Protection of Privacy Act, R,S,O, 1990, c, M56. as amended, or through any other legal channei; (xiv) Investigate complaints and malfunctioning Sewage Systems, undertake compliance counselling and preparation of reports for abatement action as it relates to existing and proposed Sewage Systems; (xv) Issue orders under the Act relating to Sewage Systems; (xvi) Prepare documentation necessary for prosecution activities relating to Sewage Systems under the Act and the Building Code, Administerproceedings relating to Sewage Systems pursuant to the Provincial Offences Act, R.S,O. 1990, c, P.33, (xvii) Provide all forms necessary for the administration of this Agreement; (xviii) Provide any other matters related to the administration 'or enforcement of the Act or Building Code relating to Sewage Systems, (xix) Attendance at hearings of the Ontario Municipal Board, and othertribunais, as required. -3- ARTICLE FOUR FEES Seclion 4.01 - Collection of Fees The Regional Council agrees to pass an amending by-law requiring the payment of fees on applications for and issuance of permits and other services as set out in Schedule "A". The fees will be collected by the Health Department at the time o!the application. In the altemalive, the Municipality shall collect the fees on behalf of the Region and remit the fees collected to the Region on the last business day of every month. Section 4.02 - Collection of Fee Schedule The Regional Council shall have the sole discretion, acting reasonably, to further amend the fees as set out in Schedule A tom time to time. Section 4.03 - Surolus Proceeds If the revenues collected exceed the expenditures for the services provided under this Agreement, the surplus shall be applied to a reserve fund and utilized by the Health Department to offset any deficits incurred. ARTICLE FIVE INSPECTORS Section 5.01 Qualifications of Insoectors The Municipality agrees that only Health Department personnel meeting the following qualifications shall be empioyed as an Inspector for the purposes of this Agreement: (al a person qualified to be employed as a full lime certified Public Health Inspector (CPHI(C)); and (bl a person qualified as a sewage systems inspector prescribed by the Ontalio Building Code. Section 5.02 - Aooointment of Insoectors The Regional Council shall be responsible for the appointment of all Inspectors for the purposes of this Agreement pursuant to subsection 6.2(3) of the Act. The Regional Clerk shall issue a certificate of appointment bearing the signature, or reasonable facsimile, of each inspector appointed by the Regional Council. ARTICLE SIX INDEMNIFICATION AND INSURANCE Section 6.01 - Indemnification The Region shall indemnify and save harmless the Municipality from and against all claims, demands, losses, costs, damages, actions, suits orproceedings by whomsoever made, brought or prosecuted in any manner based upon, arising out of, related to, occasioned by or attlibutable to the acti,;ties of the Health Department in executing the work under this Agreement, provided such claims are caused by errors, negligent acts or omissions of the Health Department employees appointed pursuant to this Agreement (including autholized agents and contractors for whom the Region is in law responsible), and expressly excluding any claims, demands, losses, costs, damages, actions, suits orproceedings attrtbutable, in whole or in part, to the errors, negligent acts or omissions of the Municipality (including authorized agents and contractors for whom the Municipality is in law responsible). Section 6.02 - Insurance For the term of this Agreement, the Region \Mil, at its expense, maintain liability insurance contracts of the nature, in ttle amounts and containing the terns and conditions, if any, set out in Schedule B. -4- ARTICLE SEVEN TERM AND TERMINATION Section 7.01 - Term This Agreement shall continue in force for a period of three years commencing April 1, 2007 and ending March 31, 2010. Section 7.02 - Termination The Municipality may terminate this Agreement on 180 days written nolice if the Health Department does not (a) adhere to the provisions of the Act and Regulations; or (b) exercise any discretionary powers of an approval authority, acting reasonably, in the public interest; and the Health Department has not taken steps satisBctory to the Municipality within the 180- day period to remedy the matter complained of in the 'Mitten notice. Section 7.03 General Termination Either party may terminate this Agreement with not less than 180 days notice. ARTICLE EIGHT MISCELLANEOUS Section 8.01 - Preamble The preamble hereto shall be deemed to form an integral part hereof. Section 8.02 - Gender Whenever the singular form is used in this Agreement and when required by the context, the same shall include the plural, the plural shall Include the singular and the masculine gender shall include the feminine and neuter genders. Section 8.03 - Amendments This Agreement shall not be changed, modified, terminated or discharged in whole or in part except by instrument in writing signed by the parties hereto, or their respective successors or permitted assigns, or otherwise as provided herein. Section 8.04 - Assianment This Agreement shall not be assignable by either party hereto without the consent of the other party being first obtained. Section 8.05 - Notices Any notice, report or other communication required or pennitted to be giwn hereunder shall be in writing unless some other method of giving such notice, report or other communication is expressiy accepted by the party to whom it is given and shall be given by being delivered or mailed to the following addresses of the parties respectively: (a) To the Health Department The Regional Municipaiity of Durham Health Department 605 Rossland Rd. E Whitby, Ontario L 1 N 6A3 Attention; Medical Officer of Health -5- (b) To the Municipality: Municipality of Clarington 40 Temperance Street Bownanville. Ontario L1C3A6 Attention: P. Barrie, Clerk Any notice, report or other written communication, if delivered, shall be deemed to have been given or made on the date on \\k1ich it was delivered to any employee of such party, or if mailed, postage prepaid, shall be deemed to have been given or made on the thild business day following the date on \\k1ich it was mailed (unless at the time of mailing or within forty-eight hours thereof there shall be a strike, interruption or lock-out in the Canadian postal selVice, in which case service shall be by way of deliveiy only). Either party may at any time give notice in writing to the other party of the change of its address for the purpose of this section 8.05. Section 8.06 - Headinas The section headings hereof have been inserted for the convenience of reference only and shall not be construed to affect the meaning. constn..Jction or effect of this Agreement. Section 8.07 Bindino Effect and Enurement This Agreement shall be binding upon and enure to the benefit of the parties hereto, their respective heirs, executors. administrators and successors (including successors brought about by municipal reorganization or restructuring), and to the extent permitted hereunder, their permitted assigns. Section 8.08 - Waiver No party will be deemed to have waived the exercise of any right that it holds under this Agreement unless such waiver is made in writing. No waiver made with respect to any instance involving the exercise of any other instance will be deemed tG be a v..aiver with respect to any other instance involving the exercise of the right of with respect to any other such right. Section 8.09 - Govemina Law The provisions of this Agreement shall be construed and interpreted in accordance with the laws of the Province of Ontario as at the time in effect. IN WITNESS WHEREOF the parties have executed this Agreement THE REGIONAL MUNICIPALITY OF DURHAM Per: Roger Anderson, Regional Chair Per: P.M. Madill, Regional Clerk MUNICIPALITY Per: J. Abemethy, Mayor Per: P. Barrie, Clerk H:\GroupsILegal\Matt\Heath\sewage system renewal agreement AGT-06-01 March 2006 Draft -6- SCHEDULE "A" USER FEES SCHEDULE: ACTIVITIES . 2007 USER FEES OBC ACTIVITIES Building Permit for a Private Sinole Familv Dwellino Sewage System - $ 700.00 (previously known as Certificate of Approval under EPA) Non-Residential/Institution - $ 700.00 Laroe (Commercial / /ndustriaD - >4,500 - 10,000 L/day - $1,600.00 Building Permit for septic tank - $350.00 replacement only Building Additions - $250.00 (site assessment) - $75.00 (office assessment) Bldg. Permit for sewage system - $ 50.00 (per application) Extensions (1 year) REGION ACTIVITIES Mortgage / Property Assessments - $ 350.00 (per application) Lot Consents - $ 200.00 (per lot) Draft Plans of Subdivision (new) - $ 300.00 (per lot creation) Draft Plans of Subdivision that had not received draft approval & - $ 300.00 (per lot creation) application processed prior to 1998 requiring reassessment , Draft Plans of Subdivision that had received draft plan approval & - $ 200.00 (per lot creation) application processed prior to 1998 requiring reassessment (note: subdivision assessment involves geo- technical & hydro-geological reviews) Rezonings, Official Plan - $ 200.00 (per application) Amendments, Minor Variances, Site-servicing Plans Cemetery Assessments - $ 10.00 (per plot) Lawyers' Lellers - $ 200.00 (per application) Peer Review - $ 200.00 (per application) -7- SCHEDULE "8" The Region shall maintain in full force and effect during the term of this, Agreement a policy of comprehensive general liability insurance providing coverage for a limit of not less than I'M) million ($2.006.000,00) dollars for each occurrence of a claim of liability against the Region, its officers or employees under this Agreement. ATTACHMENT NO.:2 REPORT NO.: EGO-o32-07 -6. SCHEDULE "A" USER FEES SCHEDULE: ACTMTIES 2004 USER FEES aae Activities Sinale Familv ~lina Building Permit tor 8 Private Sewage aj SId: S232m (2,500 ft') -$ 500.00 System b) Sfd:>232 m' (2,500 fl') -$ 700.00 (previously known as Certificate of Approval uncler EPA) Non-Resldential/lnstrtution a) ,;4,500 LJday -$ 500.00 b) > 4,500 - 10,000 LJday -$1000.00 Laroe (CommeroiBi /Indus/nan a) >4,500 -10,000 LJday -$1,600.00 Building Pennit for septic lank - $ 200.00 replacement only Buildin9 Additions - $150.00 (si/e assessmanQ - $25.00 (office assassmanQ Bldg. Permil for sewage system - $ 25.00 (per application) extensions (1 year; Region Activities Mortgage I Property Assessments - $ 200.00 Lot Consents . $ 300.00 (per application- 2/ots assessment) Draft Plans 01 Subdivision (new) . $ 200.00 (per 10/ ctea/ion) Draft Plans of Subdivision that had - $ 200.00 (per lot Cteation) not received draft approval & appication processed prior to 1998 I. requjring reassessment Draft Plans of Subdivision that had $100.00 (par/ot cteation) received draft plan approval & I application processed prior to 199B . (note: subdivision assessmenl invoJvas geo-lechnlcal requiring reassessment & hyOro-geclogical teviews) Rezonings, OPAs, Minor Variances, . $ 150.00 (per application) Slte-IelViclng Plans Cemetery Assessments - $10.00 (per plot) Lawyers' Latters . $125.00 (perappllcation) 709 ATTACHMENT NO.:3 REPORT NO.: EGD-Q32-07 -6- SCHEDULE "A" USER FEES SCHEDULE: ACTIVITIES 2007 USER FEES OBC ACTIVITIES Building Permit for a Private Sinole Familv Dwellino Sewage System - $ 700.00 (previously known as Certificate of Approval under EPA) Non-Residential I Institution - $ 700.00 Laroe (Commerclal/ IndustliaD - >4,500 - 10,000 Uday - $1 ,600.00 Building Permit for septic tank - $350.00 replacement only . Building Additions - $250.00 (site assessment) - $75.00 (office assessment) Bldg. Permit for sewage system - $ 50.00 (per application) Extensions (1 year) REGION ACTIVITIES Mortgage I Property Assessments - $ 350.00 IDer aDDlication) Lot Consents - $ 200.00 (per lot) Draft Plans of Subdivision (new) - $ 300.00 (per lot creation) Draft Plans of Subdivision that had not received draft approval & - $ 300.00 (per lot creation) application processed prior to 1998 requiring reassessment Draft Plans of Subdivision that had received draft plan approval & - $ 200.00 (per lot creation) application processed prior to 1998 requiring reassessment (note: subdivision assassment involves geo- technical & hydro-geological reviews) Rezonings, Official Plan - $ 200.00 (per application) Amendments, Minor Variances, Site-servicing Plans Cemetery Assessments - $ 10.00 (per plot) Lawyers' Letters - $ 200.00 (per application) Peer Review - $ 200.00 (per application) ATTACHMENT NO.:4 REPORT NO.: EGO-o32-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Regional Municipality of Durham to continue delegating the responsibility for administration and enforcement of the Building Code Act and the Ontario Building Code in respect of sewage systems. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation seal, an agreement between the Regional Municipality of Durham and the Corporation of the Municipality of Clarington. 2. THAT this agreement attached hereto as "Schedule A" form part of this By-Law. BY-LAW read a first and second time this 16th day of April, 2006. BY.LAW read a third time and finally passed this 16th day of April, 2006. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk