HomeMy WebLinkAboutEGD-032-07
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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
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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
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(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.
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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.
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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
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(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
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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)
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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
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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