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HomeMy WebLinkAbout98-59 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- 5 9 Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Regional Municipality of Durham transferring 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 enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute, 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 14th day of April, 1998. BY-LAW read a third time and finally passed this 14th day of April, 1998. MAYOR r`f l CLERK { i SEWAGE SYSTEM MANAGEMENT AGREEMENT THIS AGREEMENT dated as of the day of , 1998 BETWEEN: THE REGIONAL MUNICIPALITY OF DURHAM (the"Region") - and — THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON WHEREAS this Agreement is being entered into pursuant to Section 32.1 of the Building Code Act, 1992 (the "Act") for the purpose of delegating to the Regional Municipality of Durham's Health Department (the "Health Department") certain responsibilities under the Act and the Building Code as they are from time to time amended as set out herein with respect to sewage systems (with a capacity of less than 10,000 1 itres per day); NOW THEREFORE in consideration of the mutual covenants herein contained, the parties hereto hereby agree as follows: ARTICLE ONE Section 1.01 — Application This agreement shall be applicable to all lands lying within the geographic limits of 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 force from time to time, this Agreement and any other legislation contemplated hereunder. ARTICLE TWO Section 2.01 — In this Agreement (i) "Sewage System" shall have the meaning ascribed to it in the regulations under the Building Code Act, 1992, as amended from time to time. (ii) "Inspector" means an inspector appointed under section 32.1 of the Building Code Act, 1992 as amended. ARTICLE THREE SERVICES OF THE HEALTH DEPARTMENT Section 3.01 — Services The Health Department shall provide the following services in relation to the Lands: 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 will be suitable for the installation of a Sewage System; (ii) Inspect properties prior to the issuance of a permit for the construction, installation, establishment, enlargement, extension or alteration of a Sewage System; (iii) Following the issuance of a permit, inspect and reinspect when necessary Sewage System installations to ascertain compliance with the permit and other requirements under the Act or Building Code; (iv) Carry out land inspections to determine the acceptability of applications for minor variances or lot line 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; (v) Review applications for additions and alterations to existing buildings, in order to determine sufficiency of existing Sewage Systems in such cases; (vi) Issue permits in accordance with the Act and in accordance with the Building Code relating to Sewage Systems (the "Permit"); (vii) Receive and process applications and requests related to activities listed in paragraphs (i) through (vi) of this section; (viii) Provide reports and comments on minor variances and severances directly to the appropriate planning authority; (ix) Review planning documents including but not limited to subdivision proposals, draft official plans and proposed amendments to ensure compliance with provisions of the Act and Building Code relating to Sewage Systems; (x) Attend meetings of Municipality's Council, its committees, and other meetings as requested by the Chief Building Official of the Municipality, to discuss matters relating to any provisions of the Act or Building Code relating to Sewage Systems; (xi) Upon the request of the Municipality participate in the preparation for hearings and attend as a witness for the Municipality at hearings before the Ontario Municipal Board and before the Building Code Commission, where the hearing concerns a matter relating to Sewage systems in the Municipality; (xii) Maintain adequate records of all documents and other materials used in performing the duties required under this Agreement together with documents to support the determination of the Region's actual costs and used by the Region to establish its fees; (xiii) Upon request by the Municipality, provide ready access to the Municipality of all records kept under subsection 3.01 (xii) herein; (xiv) Consult with various groups, including the Ontario Ministry of Municipal Affairs and Housing and the Building Materials Evaluation Commission, regarding compliance with the provisions of the Act and the Building Code relating to Sewage Systems; (xv) Respond to inquiries concerning existing Sewage Systems from solicitors and other persons pursuant to property transactions and other matters. (xvi) 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 channel; (xvii) Investigate complaints and malfunctioning Sewage Systems, undertake compliance counseling and preparation of reports for abatement action as it relates to existing and proposed Sewage Systems; (xviii) Prepare documentation necessary to prosecution activities relating to Sewage Systems under the Act and the Building Code. Administer proceedings relating to Sewage Systems pursuant to the Provincial Offences Act, R.S.O. 1990, c. P.33. (xix) Provide all forms necessary for the administration of Sewage Systems under this Agreement; (xx) Provide any other mattes related to the administration or enforcement of the Act or Building Code relating to Sewage Systems. ARTICLE FOUR Section 4.01 — Fee Schedule The Region, agrees to establish a fee schedule, which reflects only the actual costs to the Region of administering the program, and of providing the services described in this Agreement. The Region agrees to establish the requirements for Sewage System applications and fees by by-law and to provide the Municipality with a copy of that by-law. The Region will require the payment of fees on applications for and prior to the issuance of all permits and other services as set out in Schedule "A" herein. The Region may amend the fees, as set out in Schedule A, from time to time to reflect changes in the Region's actual costs of providing the services and administering the program. The Region shall provide no less than 60 days notice to the Municipality prior to the effective date of any amendment to the Region's fee schedule. Section 4.02 — Collection of Fees Fees hall be payable by the applicant at the time of the application, and shall be remitted directly to the Region. In the alternative, the Municipality shall have the option in its sole discretion to collect the fees from the applicant on behalf of the Region at the time of the application and thereafter to remit the fees to the Region no later than the last business day of every month. Section 4.03 — Reporting The Region agrees to provide to the Municipality with a report on or before February 28`h of every calendar year, which report will summarize the actions completed by the Region on behalf of the Municipality within the previous calendar year under this program. The report shall also include a summary of all of the revenue generated from fees for each application and will itemize the services provided. The report will also identify the Region's actual costs of administering the program for the applicable calendar year. Section 4.04 — Reserve Fund If the revenue 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 The Region agrees to employ sufficient experienced Health Department personnel (the "Personnel") for the purposes of carrying out the duties described in this Agreement. The Region further agrees that all such personnel shall possess and maintain the qualifications prescribed by the Ontario Building Code for Sewage System Inspectors. Section 5.02 — Appointments The Region shall appoint all inspectors pursuant to the administration of Sewage Systems provisions of the Act, and the Regional Clerk shall issue a certificate of appointment bearing his or her signature, or a facsimile of it, to each inspector appointed by the Regional Council. Section 5.03 — Reporting Relationships All personnel described in sections 5.01 and 5.02 herein shall be employees of the Region. Such personnel shall not be considered employees of the Municipality for any reason whatsoever. The Region shall retain sole jurisdiction over and responsibility for every aspect of the terms and conditions of the employment of the personnel. ARTICLE SIX LIABILITIES AND INSURANCE Section 6.01 — Liability of the Health Department The Region shall indemnify and save harmless the Municipality from and against all claims, demands, losses, costs, damages, actions, suits or proceedings by whomsoever made, brought or prosecuted in any manner based upon, arising out of, related to, occasioned by, or attributable to the activities of the Region in executing the work under this Agreement or in providing the services under this Agreement or arising from any act or omission of the Region related to the services and the program referred to in this Agreement. Section 6.02 — Insurance For the term of this Agreement, the Health Department will, at its expense, maintain liability insurance contracts, in the amounts and containing the terms and conditions, if any, set out in Schedule "B". ARTICLE SEVEN TERM AND TERMINATION OF AGREEMENT Section 7.01 — Term Subject to the provisions of section 7.02 herein, this Agreement shall continue in force for a period of three years commencing April 6, 1998 and ending on March 31, 2001. Section 7.02 — Termination Notwithstanding the provision of section 7.01 herein, the Municipality may immediately terminate this Agreement at any time during the term of this Agreement, if in the sole opinion of the Chief Building Official of the Municipality, the Health Department has failed to: a. adhere to the provisions of the Act and Regulations; or b. exercise any discretionary powers of an Approval Authority in the public interest relating to the provisions of services in the Municipality; and the Health Department has not, in the opinion of the Chief Building Official of the Municipality, remedied the matter to the satisfaction of the Municipality within 60 days of a written notice describing such concerns being forwarded to the Health Department. Section 7.03 Either party may terminate this Agreement for any reason upon 180 days prior written notice to the other party. 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 — Assignment This Agreement shall not be assignable by either party hereto without the written consent of the other party being first obtained. Section 8.05 — Other Agreements and Policies relating to Sewage Systems Nothing in this Agreement shall imply that the Municipality is a party to any other agreement or policy which the Region implements or maintains which is related to Sewage Systems, unless the Municipality has expressly agreed in writing to be subject to such agreement or such policy. Section 8.06 — Notices Any notice, report or other communication required or permitted to be given hereunder shall be in writing unless some other method of giving such notice, report or other communication is expressly 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 Municipality of Durham Health Department 1615 Dundas Street East, Suite 210 Whitby, Ontario L1 N 2L1 Attention: Medical Officer of Health (b) To the Municipality: Attention: Any notice, report or other written communication, if delivered, shall be deemed to have been given or made on the date on which 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 third business day following the date on which 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 service, in which case service shall be by way of delivery 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 8.07 — Headings The section headings hereof have been inserted for the convenience of reference only and shall not be construed to affect the meaning, construction or effect of this Agreement. Section 8.08 — Governing 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. Section 8.09 — Entire Agreement The parties acknowledge and agree that this Agreement sets forth the entire agreement between them with respect to the services and that there are no provisions, representations or undertakings other than set out herein. IN WITNESS WHEREOF the parties have executed this Agreement. THE REGIONAL MUNICIPALITY OF DURHAM Per: Roger Anderson, Regional Chair Per: P.M. Madhill, Regional Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: D Harare, Mayor Per: Av P. rie, Clerk SCHEDULE A USER FEES SCHEDULE ACTIVITIES 1998 USER FEES OBC Activities Single Family Dwelling Building Permit for a Private Sewage a) Sfd: < 232m2 (2,500 ft2) - $ 500.00 System (previously known as Certificate b) Sfd: >-232m2 (2,500 ft2) - $ 700.00 of Approval under EPA) Non-Residential/Institution a) < 4,500 L/day - $ 500.00 b) >41500 — 10,000 L/day - $1000.00 Large (Commercial/Industrial) a) >4,500 — 10,000 L/day - $1600.00 Regions' Activities - Undetermined Communal Systems Mortg./Property Asses. - $ 200.00 Lot Consents - $ 300.00 - (per application — 2 lots) Draft Plans of Subdivision - $ 200.00 (per lot creation) Rezonings (OPAs, Rezonings, - $ 150.00 (per application) Variances) Building Additions -$ 150.00 (Site Insp.) - $ 25.00 (Office) Cemetery Assessments - $ 10.00 (per plot) Lawyers' Letters - $ 125.00 Bldg. Permit for sewage system - $ 25.00 (per appin) Extensions (1 yr) Hydrogeological Peer Review - undetermined (per application) Assessments Attendance at OMB or other Tribunals - undetermined SCHEDULE B: INSURANCE 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 two million ($2,000,000.00) dollars for each occurrence of a claim of liability against the Region, its officers or employees under this Agreement. Legal Documents Circulation Sheet Not(-: ALL Information to be completed before legal documents are signed by the Regional Chair& Clerk-- COUNCIL OR COMMITTEE APPROVAL MUST BE ATTACHED or DOCUMENTS WILL BE RETURNED TO INITIATING DEPARTMENT QPR Z8 li' is d14 '9A be.; ::...: :.:::.. Name of Documen?�/ap� ° (� l.F��G� /1� � Doc ujnent Prepared by Date of Approval by Council Name of Committee r :::: Report No.qf yyl�ll Item No. Resolution No. �'' « "' By-law No. No.of Copies Attached: Distribute Copies fJ Following Execution to. iws Drawings Attached � ❑ Yes 00 + i External Approval Finance Department Ap roval Requir re: Insurance/Risk Required ❑ Yes No Received ❑ Yes ❑ No Management �s(Go to 2.) o(Go to 3.) Date Approved&Forwarded `n� Authorized Signature of Approval f jra T •i� z::i:•�': ':.:+`;:::;�::::`:::: r�'sy��:�::.:'�:;`� :`: :r �`: �#:�_:��:z {''•3�y:� i'� ��/ �.:7:• XIX:: :�.:;�.>:�:j;;>:;':»•�.:;c;t{yp� •^"ii1R �F ��iit i 'IT(.R0alYi'iMi��riilii RFVF T iR7i'W' IIIR �� <:::: :�::':::Y:::::::::�:. :::::ir::?;:::i::::::::::';':`•'.;:: :::: :':::��%: :2::`::':::::: ::: :: ::%::;:::Si:;.;';:::�:�:: ±:::;:;di:::::::ti::;:ti:?:;:i;::r;::S::Sr:::;.::::r::::::i:::f:?:f:;:i;::;%;;:fx: Is Ontario Municipal Board Approval Required Pursuant to O.Reg 710/92? ❑ Yes ❑ No Date Approved Forwardo Legal De a thoriz Si roval Date of Insuran Risk Management Approval and Forlyardedlo Legal Department Authoped Signature Insurance/Risk Ianagement li. .�► l " :;. :. ..:.. :>•::::: ❑ Date Forwarded to Cler(s Department + / -' J ^�, 17 ep , � ; i Authorized Signature of Approval ✓'`-�`J or • Date Forwarded to Initiating Department,if cMged • Date Forwarded to Initiating Department if AuthorizatiAW Attachetlr'� Ct�tnpf ed EIW�@pa� n WU l :;. >. b f e£ gall:;.:.:;.: ;;:•:;:•;:.:;:.;;;:•>:.;:.:::: Date Forwarded to Legal Department Authorized Signature of Approval Date Legal Department Forwarded to Clerk's Department Authorized Signature of Approval :.:.::::...>..:.::.: Authorized Signature of Approval Date Forwarded to Regional Chair for Signature V Date Distributed �� ,; �/ Signatures !✓� Sealed Further Action: a)Further Ex ution ❑ Yes ❑ No b)Registration ❑ Yes ❑ No Document Returned ❑ Yes ❑ No Document Number Assigned# Rev(05/97) SEWAGE SYSTEM MANAGEMENT AGREEMENT THIS AGREEMENT dated as of the day of , 1998 BETWEEN: THE REGIONAL MUNICIPALITY OF DURHAM (the"Region") - and — THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON WHEREAS this Agreement is being entered into pursuant to Section 32.1 of the Building Code Act, 1992 (the "Act") for the purpose of delegating to the Regional Municipality of Durham's Health Department (the "Health Department") certain responsibilities under the Act and the Building Code as they are from time to time amended as set out herein with respect to sewage systems (with a capacity of less than 10,000 1 itres per day); NOW THEREFORE in consideration of the mutual covenants herein contained, the parties hereto hereby agree as follows: ARTICLE ONE Section 1.01 — Application This agreement shall be applicable to all lands lying within the geographic limits of 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 force from time to time, this Agreement and any other legislation contemplated hereunder. ARTICLE TWO Section 2.01 — In this Agreement (i) "Sewage System" shall have the meaning ascribed to it in the regulations under the Building Code Act, 1992, as amended from time to time. s (ii) "Inspector" means an inspector appointed under section 32.1 of the Building Code Act, 1992 as amended. ARTICLE THREE SERVICES OF THE HEALTH DEPARTMENT Section 3.01 — Services The Health Department shall provide the following services in relation to the Lands: 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 will be suitable for the installation of a Sewage System; (ii) Inspect properties prior to the issuance of a permit for the construction, installation, establishment, enlargement, extension or alteration of a Sewage System; (iii) Following the issuance of a permit, inspect and reinspect when necessary Sewage System installations to ascertain compliance with the permit and other requirements under the Act or Building Code; (iv) Carry out land inspections to determine the acceptability of applications for minor variances or lot line 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; (v) Review applications for additions and alterations to existing buildings, in order to determine sufficiency of existing Sewage Systems in such cases; NO Issue permits in accordance with the Act and in accordance with the Building Code relating to Sewage Systems (the "Permit"); (vii) Receive and process applications and requests related to activities listed in paragraphs (i) through (vi) of this section; r (viii) Provide reports and comments on minor variances and severances directly to the appropriate planning authority; (ix) Review planning documents including but not limited to subdivision proposals, draft official plans and proposed amendments to ensure compliance with provisions of the Act and Building Code relating to Sewage Systems; (x) Attend meetings of Municipality's Council, its committees, and other meetings as requested by the Chief Building Official of the Municipality, to discuss matters relating to any provisions of the Act or Building Code relating to Sewage Systems; (xi) Upon the request of the Municipality participate in the preparation for hearings and attend as a witness for the Municipality at hearings before the Ontario Municipal Board and before the Building Code Commission, where the hearing concerns a matter relating to Sewage systems in the Municipality; (xii) Maintain adequate records of all documents and other materials used in performing the duties required under this Agreement together with documents to support the determination of the Region's actual costs and used by the Region to establish its fees; (xiii) Upon request by the Municipality, provide ready access to the Municipality of all records kept under subsection 3.01 (xii) herein; (xiv) Consult with various groups, including the Ontario Ministry of Municipal Affairs and Housing and the Building Materials Evaluation Commission, regarding compliance with the provisions of the Act and the Building Code relating to Sewage Systems; (xv) Respond to inquiries concerning existing Sewage Systems from solicitors and other persons pursuant to property transactions and other matters. (xvi) 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 channel; (xvii) investigate complaints and malfunctioning Sewage Systems, undertake compliance counseling and preparation of reports for abatement action as it relates to existing and proposed Sewage Systems; r i (xviii) Prepare documentation necessary to prosecution activities relating to Sewage Systems under the Act and the Building Code. Administer proceedings relating to Sewage Systems pursuant to the Provincial Offences Act, R.S.O. 1990, c. P.33. (xix) Provide all forms necessary for the administration of Sewage Systems under this Agreement; (xx) Provide any other mattes related to the administration or enforcement of the Act or Building Code relating to Sewage Systems. ARTICLE FOUR Section 4.01 — Fee Schedule The Region, agrees to establish a fee schedule, which reflects only the actual costs to the Region of administering the program, and of providing the services described in this Agreement. The Region agrees to establish the requirements for Sewage System applications and fees by by-law and to provide the Municipality with a copy of that by-law. The Region will require the payment of fees on applications for and prior to the issuance of all permits and other services as set o`ut in Schedule "A" herein. The Region may amend the fees, as set out in Schedule A. from time to time to reflect changes in the Region's actual costs of providing the services and administering the program. The Region shall provide no less than 60 days notice to the Municipality prior to the effective date of any amendment to the Region's fee schedule. Section 4.02 — Collection of Fees Fees hall be payable by the applicant at the time of the application, and shall be remitted directly to the Region. In the alternative, the Municipality shall have the option in its sole discretion to collect the fees from the applicant on behalf of the Region at the time of the application and thereafter to remit the fees to the Region no later than the last business day of every month. Section 4.03 — Reporting The Region agrees to provide to the Municipality with a report on or before February 28`h of every calendar year, which report will summarize the actions completed by the Region on behalf of the Municipality within the previous calendar year under this program. The report shall also include a summary of all of the revenue generated from fees for each application and will itemize the services provided. The report will also identify the Region's actual costs of administering the program for the applicable calendar year. Section 4.04 — Reserve Fund If the revenue 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 The Region agrees to employ sufficient experienced Health Department personnel (the "Personnel") for the purposes of carrying out the duties described in this Agreement. The Region further agrees that all such personnel shall possess and maintain the qualifications prescribed by the Ontario Building Code for Sewage System Inspectors. Section 5.02 — Appointments The Region shall appoint all inspectors pursuant to the admihistration of Sewage Systems provisions of the Act, and the Regional Clerk shall issue a certificate of appointment bearing his or her signature, or a facsimile of it, to each inspector appointed by the Regional Council. Section 5.03 — Reporting Relationships All personnel described in sections 5.01 and 5.02 herein shall be employees of the Region. Such personnel shall not be considered employees of the Municipality for any reason whatsoever. The Region shall retain sole jurisdiction over and responsibility for every aspect of the terms and conditions of the employment of the personnel. ARTICLE SIX LIABILITIES AND INSURANCE Section 6.01 — Liability of the Health Department The Region shall indemnify and save harmless the Municipality from and against all claims, demands, losses, costs, damages, actions, suits or proceedings by whomsoever made, brought or prosecuted in any manner based upon, arising out of, related to, occasioned by, or attributable to the activities of the Region in executing the work under this Agreement or in providing the services under this Agreement or arising from any act or omission of the Region related to the services and the program referred to in this Agreement. Section 6.02 — Insurance For the term of this Agreement, the Health Department will, at its expense, maintain liability insurance contracts, in the amounts and containing the terms and conditions, if any, set out in Schedule "B". ARTICLE SEVEN TERM AND TERMINATION OF AGREEMENT Section 7.01 — Term Subject to the provisions of section 7.02 herein, this Agreement shall continue in force for a period of three years commencing April 6, 1998 and ending on March 31, 2001. Section 7.02 — Termination Notwithstanding the provision of section 7.01 herein, the Municipality may immediately terminate this Agreement at any time during the term of this Agreement, if in the sole opinion of the Chief Building Official of the Municipality, the Health Department has failed to: a. adhere to the provisions of the Act and Regulations; or b. exercise any discretionary powers of an Approval Authority in the public interest relating to the provisions of services in the Municipality; and the Health Department has not, in the opinion of the Chief Building Official of the Municipality, remedied the matter to the satisfaction of the Municipality within 60 days of a written notice describing such concerns being forwarded to the Health Department. Section 7.03 Either party may terminate this Agreement for any reason upon 180 days prior written notice to the other party. 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 — Assignment ` This Agreement shall not be assignable by either party hereto without the written consent of the other party being first obtained. Section 8.05 — Other Agreements and Policies relating to Sewage Systems Nothing in this Agreement shall imply that the Municipality is a party to any other agreement or policy which the Region implements or maintains which is related to Sewage Systems, unless the Municipality has expressly agreed in writing to be subject to such agreement or such policy. Section 8.06 — Notices Any notice, report or other communication required or permitted to be given hereunder shall be in writing unless some other method of giving such notice, report or other communication is expressly 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 Municipality of Durham Health Department 1615 Dundas Street East, Suite 210 Whitby, Ontario L1 N 2L1 Attention: Medical Officer of Health (b) To the Municipality: Municipality of Claringtonm Municipal Office A(hEW~rance St. Bowmanville L1C 3A6 P.L. Barrie, Clerk Any notice, report or other written communication, if delivered, shall be deemed to have been given or made on the date on which 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 third business day following the date on which 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 service, in which case service shall be by way of delivery 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 8.07 — Headings The section headings hereof have been inserted for the convenience of reference only and shall not be construed to affect the meaning, construction or effect of this Agreement. Section 8.08 — Governing 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. Section 8.09 — Entire Agreement The parties acknowledge and agree that this Agreement sets forth the entire agreement between them with respect to the services and that there are no provisions, representations or undertakings other than set out herein. IN WITNESS WHEREOF the parties have executed this Agreement. THE REGIONAL MUNICIPALITY OF DURHAM Per: MARCEL BRUNELLE ACTING REGIONAL CHAIR Per: REGIONAL CLERK THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Harnre, Mayor Per: _ rie, Clerk SCHEDULE A USER FEES SCHEDULE ACTIVITIES 1998 USER FEES OBC Activities Single Family Dwelling Building Permit for a Private Sewage a) Sfd: < 232m2 (2,500 ft2) - $ 500.00 System (previously known as Certificate b) Sfd: >:232m2 (2,500 ft') - $ 700.00 of Approval under EPA) Non-Residential/Institution a) < 4,500 L/day - $ 500.00 b) >4,500 — 10,000 L/day - $1000.00 Large (Commercial/Industrial) a) >41500 — 10,000 L/day - $1600.00 Regions' Activities - Undetermined Communal Systems Mortg./Property Asses. - $ 200.00 Lot Consents - $ 300.00 - (per application — 2 lots) Draft Plans of Subdivision - $ 200.00 (per lot creation) Rezonings (OPAs, Rezonings, - $ 150.00 (per application) Variances) Building Additions - $ 150.00 (Site Insp.) - $ 25.00 (Office) Cemetery Assessments - $ 10.00 (per plot) Lawyers' Letters - $ 125.00 Bldg. Permit for sewage system :$ 25.00 (per appin) Extensions (1 yr) Hydrogeological Peer Review - undetermined (per application) Assessments Attendance at OMB or other Tribunals - undetermined SCHEDULE B: INSURANCE 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 two million ($2,000,000.00) dollars for each occurrence of a claim of liability against the Region, its officers or employees under this Agreement. SEWAGE SYSTEM MANAGEMENT AGREEMENT THIS AGREEMENT dated as of they day of , 1998 BETWEEN: THE REGIONAL MUNICIPALITY OF DURHAM (the"Region") - and — THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON WHEREAS this Agreement is being entered into pursuant to Section 32.1 of the Building Code Act, 1992 (the "Act") for the purpose of delegating to the Regional Municipality of Durham's Health Department (the "Health Department") certain responsibilities under the Act and the Building Code as they are from time to time amended as set out herein with respect to sewage systems (with a capacity of less than 10,000 litres per day); NOW THEREFORE in consideration of the mutual covenants herein contained, the parties hereto hereby agree as follows: ARTICLE ONE Section 1.01 — Application This agreement shall be applicable to all lands lying within the geographic limits of 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 force from time to time, this Agreement and any other legislation contemplated hereunder. ARTICLE TWO Section 2.01 — In this Agreement (i) "Sewage System" shall have the meaning ascribed to it in the regulations under the Building Code Act, 1992, as amended from time to time. (ii) "Inspector" means an inspector appointed under section 32.1 of the Building Code Act, 1992 as amended. ARTICLE THREE SERVICES OF THE HEALTH DEPARTMENT Section 3.01 — Services The Health Department shall provide the following services in relation to the Lands: 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 will be suitable for the installation of a Sewage System; t (ii) Inspect properties prior to the issuance of a permit for the construction, installation, establishment, enlargement, extension or alteration of a Sewage System; (iii) Following the issuance of a permit, inspect and reinspect when necessary Sewage System installations to ascertain compliance with the permit and other requirements under the Act or Building Code; (iv) Carry out land inspections to determine the acceptability of applications for minor variances or lot line 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; (v) Review applications for additions and alterations to existing buildings, in order to determine sufficiency of existing Sewage Systems in such cases; NO Issue permits in accordance with the Act and in accordance with the Building Code relating to Sewage Systems (the "Permit'); (vii) Receive and process applications and requests related to activities listed in paragraphs (i) through (vi) of this section; (viii) Provide reports and comments on minor variances and severances directly to the appropriate planning authority; (ix) Review planning documents including but not limited to subdivision proposals, draft official plans and proposed amendments to ensure compliance with provisions of the Act and Building Code relating to Sewage Systems; (x) Attend meetings of Municipality's Council, its committees, and other meetings as requested by the Chief Building Official of the Municipality, to discuss matters relating to any provisions of the Act or Building Code relating to Sewage Systems; (xi) Upon the request of the Municipality participate in the preparation for hearings and attend as a witness for the Municipality at hearings before the Ontario Municipal Board and before the Building Code Commission, where the hearing concerns a matter relating to Sewage systems in the Municipality; (xii) Maintain adequate records of all documents and other materials used in performing the duties required under this Agreement together with documents to support the determination of the Region's actual costs and used by the Region to establish its fees; (xiii) Upon request by the Municipality, provide ready access to the Municipality of all records kept under subsection 3.01 (xii) herein; (xiv) Consult with various groups, including the Ontario Ministry of Municipal Affairs and Housing and the Building Materials Evaluation Commission, regarding compliance with the provisions of the Act and the Building Code relating to Sewage Systems; (xv) Respond to inquiries concerning existing Sewage Systems from solicitors and other persons pursuant to property transactions and other matters. (xvi) 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 channel; (xvii) Investigate complaints and malfunctioning Sewage Systems, undertake compliance counseling and preparation of reports for abatement action as it relates to existing and proposed Sewage Systems; (xviii) Prepare documentation necessary to prosecution activities relating to Sewage Systems under the Act and the Building Code. Administer proceedings relating to Sewage Systems pursuant to the Provincial Offences Act, R.S.O. 1990, c. P.33. (xix) Provide all forms necessary for the administration of Sewage Systems under this Agreement; (xx) Provide any other mattes related to the administration or enforcement of the Act or Building Code relating to Sewage Systems. ARTICLE FOUR Section 4.01 — Fee Schedule The Region, agrees to establish a fee schedule, which reflects only the actual costs to the Region of administering the program, and of providing the services described in this Agreement. The Region agrees to establish the requirements for Sewage System applications and fees by by-law and to provide the Municipality with a copy of that by-law. The Region will require the payment of fees on applications for and prior to the issuance of all permits and other services as set dut in Schedule "A" herein. The Region may amend the fees, as set out in Schedule A, from time to time to reflect changes in the Region's actual costs of providing the services and administering the program. The Region shall provide no less than 60 days notice to the Municipality prior to the effective date of any amendment to the Region's fee schedule. Section 4.02 — Collection of Fees Fees hall be payable by the applicant at the time of the application, and shall be remitted directly to the Region. In the alternative, the Municipality shall have the option in its sole discretion to collect the fees from the applicant on behalf of the Region at the time of the application and thereafter to remit the fees to the Region no later than the last business day of every month. Section 4.03 — Reporting The Region agrees to provide to the Municipality with a report on or before February 28`h of every calendar year, which report will summarize the actions completed by the Region on behalf of the Municipality within the previous calendar year under this program. The report shall also include a summary of all of the revenue generated from fees for each application and will itemize the services provided. The report will also identify the Region's actual costs of administering the program for the applicable calendar year. Section 4.04 — Reserve Fund If the revenue 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 The Region agrees to employ sufficient experienced Health Department personnel (the "Personnel") for the purposes of carrying out the duties described in this Agreement. The Region further agrees that all such personnel shall possess and maintain the qualifications prescribed by the Ontario Building Code for Sewage System Inspectors. Section 5.02 — Appointments The Region shall appoint all inspectors pursuant to the administration of Sewage Systems provisions of the Act, and the Regional Clerk shall issue a certificate of appointment bearing his or her signature, or a facsimile of it, to each inspector appointed by the Regional Council. Section 5.03 — Reporting Relationships All personnel described in sections 5.01 and 5.02 herein shall be employees of the Region. Such personnel shall not be considered employees of the Municipality for any reason whatsoever. The Region shall retain sole jurisdiction over and responsibility for every aspect of the terms and conditions of the employment of the personnel. ARTICLE SIX LIABILITIES AND INSURANCE Section 6.01 — Liability of the Health Department The Region shall indemnify and save harmless the Municipality from and against all claims, demands, losses, costs, damages, actions, suits or proceedings by whomsoever made, brought or prosecuted in any manner based upon, arising out of, related to, occasioned by, or attributable to the activities of the Region in executing the work under this Agreement or in providing the services under this Agreement or arising from any act or omission of the Region related to the services and the program referred to in this Agreement. Section 6.02 — Insurance For the term of this Agreement, the Health Department will, at its expense, maintain liability insurance contracts, in the amounts and containing the terms and conditions, if any, set out in Schedule "B". ARTICLE SEVEN TERM AND TERMINATION OF AGREEMENT Section 7.01 — Term Subject to the provisions of section 7.02 herein, this Agreement shall continue in force for a period of three years commencing April 6, 1998 and ending on March 31, 2001. Section 7.02 — Termination Notwithstanding the provision of section 7.01 herein, the Municipality may immediately terminate this Agreement at any time during the term of this Agreement, if in the sole opinion of the Chief Building Official of the Municipality, the Health Department has failed to: a. adhere to the provisions of the Act and Regulations; or b. exercise any discretionary powers of an Approval Authority in the public interest relating to the provisions of services in the Municipality; and the Health Department has not, in the opinion of the Chief Building Official of the Municipality, remedied the matter to the satisfaction of the Municipality within 60 days of a written notice describing such concerns being forwarded to the Health Department. Section 7.03 Either party may terminate this Agreement for any reason upon 180 days prior written notice to the other party. 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 — Assignment This Agreement shall not be assignable by either party hereto without the written consent of the other party being first obtained. Section 8.05 — Other Agreements and Policies relating to Sewage Systems Nothing in this Agreement shall imply that the Municipality is a party to any other agreement or policy which the Region implements or maintains which is related to Sewage Systems, unless the Municipality has expressly agreed in writing to be subject to such agreement or such policy. Section 8.06 — Notices Any notice, report or other communication required or permitted to be given hereunder shall be in writing unless some other method of giving such notice, report or other communication is expressly 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 Municipality of Durham Health Department 1615 Dundas Street East, Suite 210 Whitby, Ontario L1 N 2L1 Attention: Medical Officer of Health (b) To the Municipality: Municipality of Clarington Municipal Office AWeRRgrance St. Bowmanville L1C 3A6 P.L. Barrie, Clerk Any notice, report or other written communication, if delivered, shall be deemed to have been given or made on the date on which 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 third business day following the date on which 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 service, in which case service shall be by way of delivery 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 8.07 — Headings The section headings hereof have been inserted for the convenience of reference only and shall not be construed to affect the meaning, construction or effect of this Agreement. Section 8.08 — Governing 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. Section 8.09 — Entire Agreement The parties acknowledge and agree that this Agreement sets forth the entire agreement between them with respect to the services and that there are no provisions, representations or undertakings other than set out herein. IN WITNESS WHEREOF the parties have executed this Agreement. THE REGIONAL MUNICIPALITY OF DURHAM Per: MARCEL BRUNELLE Reger-Andemeff, ACTING REGIONAL CHAIR Per: 0 PA MADILL4 REGIONAL CLEM P.M. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Hamre, Mayor Per: P arrie, Clerk SCHEDULE A USER FEES SCHEDULE ACTIVITIES 1998 USER FEES OBC Activities Single Family Dwelling Building Permit for a Private Sewage a) Sfd: :5 232m' (2,500 ft2) - $ 500.00 System (previously known as Certificate b) Sfd: >>232m2 (2,500 ft') - $ 700.00 of Approval under EPA) Non-Residential/Institution a) <4,500 L/day - $ 500.00 b) >4,500 — 10,000 L/day - $1000.00 Large (Commercial/Industrial) a) >4,500 — 10,000 L/day - $1600.00 Regions' Activities - Undetermined R Communal Systems Mortg./Property Asses. - $ 200.00 Lot Consents - $ 300.00 - (per application — 2 lots) Draft Plans of Subdivision - $ 200.00 (per lot creation) Rezonings (OPAs, Rezonings, - $ 150.00 (per application) Variances) Building Additions - $ 150.00 (Site Insp.) - $ 25.00 (Office) Cemetery Assessments - $ 10.00 (per plot) Lawyers' Letters - $ 125.00 Bldg. Permit for sewage system _$ 25.00 (per appin) Extensions (1 yr) Hydrogeological Peer Review - undetermined (per application) Assessments Attendance at OMB or other Tribunals - undetermined r r a SCHEDULE B: INSURANCE 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 two million ($2,000,000.00) dollars for each occurrence of a claim of liability against the Region, its officers or employees under this Agreement.