HomeMy WebLinkAboutEGD-011-10C~ari~[~tOn
Leading the Way
REPORT
I SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday April 19, 2010 Resolution#: ~PA"aS"/-~By-law#: o~0/b ~y~
Report: EGD-011-10 File#:
Subject: EXECUTION OF AGREEMENT WITH THE REGION OF DURHAM HEALTH
DEPARTMENT TO DELEGATE RESPONSIBILITY FOR ADMINISTRATION
AND ENFORCEMENT IN RESPECT TO SEWAGE SYSTEMS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report EGD-011-10 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-011-10, as Attachment #1, 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 the by-law attached to Report EGD-011-10, as Attachment #4, be
forvarded to Council; and
4. THAT a copy of Report EGD-011-10, Council's resolution and the by-law be
forwarded to the Regional Municipality of Durham.
Submitted by: ~!''' ~ - Reviewed by:
.Cannella, C.E.T.
Director of Engineering
ASC/RP/bb/jb
March 19, 2010
a~-~
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: EGD-011-10
1.0 BACKGROUND
PAGE 2
1.1 On April 16, 2007, 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 was valid for a period of 3 years and expired on March 31, 2010.
1.2 During the past three years our arrangement with the Region of Durham has
worked well for the Municipality and it is for this reason that staff would like to
continue 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 COMMENT
2.1 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, 2010 and
ending March 31, 2013. 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.
2.2 The Region of Durham has increased the user fees for septic approval and
attached is a copy of Schedule "A" with the 2007 user fees (Attachment #2) and
Schedule "A" with the 2010 user fees (Attachment #3), for comparison. These
fees are determined on a cost recovery basis and have not been increased since
2007.
REPORT NO.: EGD-011-10
PAGE 3
2.3 Staff have reviewed the agreement as attached and based on our experience
with the previous agreement we are confident that it represents the interests of
the Municipality of Clarington.
2.4 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 - 2010 Sewage System Management Agreement
Attachment 2 -Schedule "A" of 2007 Sewage System Management Agreement
Attachment 3 -Schedule "A" of 2010 Sewage System Management Agreement
Attachment 4 -Proposed by-law
ATTACHMENT NO.:t
REPORT NO.: EGD-011-10
-1-
SEWAGE SYSTEM MANAGEMENT AGREEMENT
THIS AGREEMENT dated as of the 1 st day of April, 2010
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 1, 2007 (expiring
March 31, 2010), for the purpose of delegating to the Region the enforcement of certain
responsibilities under the Building Code Act, 1992, S.O. 1992, c. 23, as amended (tha "Act°) and
Building Code made thereunder relating tc Sewage Systems, pursuant to subsection 6.2(1) of the Act;
AND WHEREAS the parties are desirous of executing a renewal agreement for a further three (3) year
term;
NOW THEREFORE, in consideration of the mutual covenants herein contained, the receipt and
suffciency of which is acknowledged, the parties hereto agree as follows:
ARTICLE ONE
APPLICATION
Section 1.01 -Application
This Agreement shall be applicable to all lands where 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 force from time to time, this Agreement and any other legislation
contemplated hereunder.
ARTICLE TWO
DEFINITIONS
Section 2.01 - Defnitions
In this Agreement,
(i) "Sewage 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 360106 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 will be suitable for
the installation of a Sewage System, including compliance with the Region pf Durham's
"Drilled Well and Lot Sizing Policy";
(ii) Inspect properties prior to the issuance of a permit under the Act or Building Code for
-2-
the construction, installation, establishment, enlargement, extension, repair 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 Actor Building Code;
(v) Carry out land inspections to detennine 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;
(vi) Receive and process permit applications, inspection notices within the timeframes
established in Section C of the Building Code 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 the Region of Durham's `Drilled
Well and Lot Sizing Policy", subdivision 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) As an agent for the Municipality, maintain adequate records of all documents and other
materials used in performing the duties required under this Agreement. Such records to
be maintained in accordance with the Region of Durham's Record Retention Policy as
contained in the Region of Durham's by-laws;
(xi) Upon reasonable notice by the Municipality, provide reasonable access to the
Municipality of all records kept under subsection 3.01(x) above;
(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 Municipa! Freedom oflnformation
and Protection of Privacy Act, R.S.O. 1990, c. M66. as amended, or through any other
legal channel;
(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. Administer proceedings 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 Actor
Building Code relating to Sewage Systems.
(xix) Attendance at hearings of the Ontario Municipal Board, and other tribunals, as required.
Section 3.02 -Maintenance Inspections Not Included
Nothing in this contract provides for the provision by the Health Department of any services related to
maintenance inspections, re-inspections or other related services which may be required under any
discretionary or mandatory re-inspection program which may be undertaken by the Municipality. In the
event that such is desired or required by the Municipality during the term of this Agreement a separate
Agreement will be required to provide for those services.
3-
ARTICLE FOUR
FEES
Section 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 6y the Health Department at the time of the application. In the alternative, the Municipality
shall collect the fees on behalf of the Region and remit the fees collected to the Region together with
the completed application to which the fees apply.
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 from time to time.
Section 4.03 -Surplus Proceeds
If the revenues collected exceed the expenditures for the services provided under this
Agreement, the surplus shall be remitted to the general revenues of the Region of Durham.
ARTICLE FIVE
INSPECTORS
Section 5.01 -Qualifications of Inspectors
The Municipality agrees that only Health Department personnel meeting the following
qualifications shall be employed as an Inspector for the purposes of this Agreement:
(a) a person qualifed to be employed as a full time certified Public Health Inspector
(CPHI(C)); and
(b) a person qualified as a sewage systems inspector prescribed by the Ontario Building
Code.
Section 5.02 - Appointment of Inspectors
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 indemnity and save harmless the Municipality from and against all claims,
demands, losses, costs, damages, actions, suits or proceedings by whomsoever made, brought ar
prosecuted in any manner based upon, arising out of, related to, occasioned by or attributable to the
activities 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 authorized agents and contractors for whom the Region is in law
responsible), and expressly excluding any claims, demands, lasses, costs, damages, actions, suits or
proceedings attributable, 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 will, at its expense, maintain liability insurance
contracts of the nature, in the amounts and containing the terms and conditions, if any, set out in
Schedule B.
4-
ARTICLE SEVEN
TERM AND TERMINATION
Section 7.01 -Term
This Agreement shall continue inforce for a period of three years commencing April 1, 2010
and ending March 31, 2013.
Section 7.02 -Termination
The Municipality may terminate this Agreement on 160 days written notice 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 satisfactory to the Municipality within the 180-day
period to remedy the matter complained of in the written notice.
Section 7.03 -General Termination
Either party may terminate this Agreement with not less than 160 days notice.
Section 7.04 -Records on Termination
In the event of the termination of this Agreement or where a Municipality does not renew or
enter into a subsequent Agreement for the provision of the services, the Health Department shall
provide to the Municipality all records kept under subsection 3.01(x).
ARTICLE EIGHT
MISCELLANEOUS
Section 8.01 -Preamble
The preamble hereto shall be deemed to form an integral part hereof.
Sedioh 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 consent of the other
party being first obtained
Section 8.05 -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
605 Rossland Rd. E
Whitby, Ontario L1 N 6A3
-5-
Attention: Medical Officer of Health
(b) To the Municipality: The Municipality of Clarington
40 Temperance St.
Bowmanville, ON
L1C 3A6
Attention: Patti 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 8.06 -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 8.07 -Binding 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 to be a waiver with respect to any other instance
involving the exercise of the right of with respect to any other such fight.
Section 8.09 -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.
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:
Jim Abernethy, Mayor
Per:
Patti Barrie, Clerk
USER FEES SCHEDULE:
SCHEDULE"A"
ACTIVITIES 2010 USER FEES
OBC ACTIVITIES ,Single Family Dwelling
I - $ 800.00
Building Permit far a Private Sewage
System Non-Residentialllnstitution
- $ 800.00
(previously known as Certificate of
Approval under EPA) Large fCommemial/Industria0
- >q,500 - 10,000 Uday - $1,700.00
Building Permit for septic tank. _ $800.00
replacement only
Building Additions - $300.00 (site assessment)
- $125.00 (once assessment)
Bldg. Permit for sewage system _ $ 150.00 (per application)
Extensions (1 year)
REGION ACTIVITIES
Mortgage 1 Property Assessments $ 800.00 ra lication
Lot Consents - $ 225.00 (per lot)
Draft Plans of Subdivision (new) - $ 325.00 (perlot creation)
Draft Plans of Subdivision that had
not received draft approval & ~ $ 325.00 (per lot creation)
application processed prior to 1998
requiring reassessment
Draft Plans of Subdivision that had - $ 225.00 (perlot creation)
received draft plan approval & (note: suhdivision assessment involves geo-technical &
application processed prior to 1998 hydro-geological reviews)
requiring reassessment
Rezonings, Official Plan - $ 225.00 (per application)
Amendments, Minor Variances, Site-
servicing Plans
Cemetery Assessments - $ 10.00 (per plot)
Lawyers' Letters - $ 225.00 (per application)
Peer Review - $ 225.00 (per application)
SCHEDULE "l3"
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.
SCHEDULE"A"
USER FEES SCHEDULE:
ATTACHMENT N0.:2
REPORT NO.: EGD-011-10
ACTIVITIES - 2007 USER FEES.
OBC ACTIVITIES Single Familv Dwellino
- $ 700.00
Building Permit for a Private Sewage
System Non-Residential /Institution
- $ 700.00
(previously known as Certificate of
Approval under EPA) Lame (Commercial/Industriah
- - >4,500-10,000LIday-$1,600.00
Building PertnR for septic tank _ 8350.00
replacement only
Building Additions - $250.00 (site assessment)
- $75.00 (o(rce assessment)
Bldg. Permit for sewage system $ 50.00 (per application)
Extensions (1 year)
REGION ACTIVITIES
Mortgage /Property AssessmeMS - $ 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 8 - $ 300.00 (per lot creation)
application processed prior to 1998
requiring reassessment
Draft Plans of Subdivision that had - $ 200.00 (perlof creation)
received draft plan approval & (note: subdivision assessment involves geo-technical 8
application processed prior to 1998 hydro-geological reviews)
requiring reassessment
Rezonings, Official Plan $ 200.00 (per application)
Amendments, Minor Variances, Site-~
servicing Plans
Cemetery Assessments $10.00 (perpfof)
Lawyers' Letters - $ 200.00 (per applicationy
Peer Review - $ 200.00 (per application)
ATTACHMENT N0.:3
REPORT NO.: EGD-011.10
USER FEES SCHEDULE:
SCHEDULE"A"
ACTMTtE9 2010 USER FF.fiS-
OBC ACTIVITIES Single Famihr Dwelling
- $ 800.00
Building PermR for a Private Sewage
~
System Non-Residential l instttution
- $ 800.00
(previously known as Certificate of
Approval under EPA) Laroe (Commercial /Industna0
- >4,500 - 10,000 Uday - $1,700.00
Building Permit for septic tank $400.00
replacement only
Building Additions $300.00 (srte assessment)
$125.00 (office assessment)
Bldg. Permit for sewage system $ 150.00 (per application)
Extensions (1 year)
REGION ACTIVITIES
Mortgage 1 Property Assessments $ 400.00 r a fication
Lot Consents - $ 225.00 (perloQ
Dreft Plans of Subdivision (new) $ 325.00 (perlot creation)
Draft Plans of Subdivision that had
not received dreg approval & - $ 325.00 (par lot creation)
application processed prior to 1998
requiring reassessment
Drag Plans of Subdivision that had - $ 225.00 (perlol creation)
received draft plan approval & (note: subdivision assessment involves geo-fechnicel 8
application processed prior to 1998 hydro-geological reviews)
requiring reassessment
Rezoninga, Official Plan - $ 225.00 (perapplication)
Amendments, Minor Variances, Site-
servicing Plans
Cemetery Assessments - $ 10.00 (per plot)
Lawyers' Letters - $ 225.00 (per application)
Peer Review - $ 225.00 (per application)
ATTACHMENT N0.:4
REPORT NO.: EGD•011.10
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
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 respell of
sewage systems.
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
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 day of 2010.
BY-LAW read a third time and finally passed this day of 2010.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk