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HomeMy WebLinkAbout71-20THE CORPORATION OF THE VILLAGE OF NEWCASTLE BY -LA14 71 -20 WHEREAS the Corporation of the Village of Newcastle desires to execute agreements with the Ontario Water Resources Commission for the provision of Sewage Service in accordance with the Schedule attached to this By -law: AND WHEREAS the Ontario Municipal Board by order dated the 14th day of July 1971, has given approval to the execution of the agreementbetween the Municipality and the Ontario Water Resources Commission. BE IT THEREFORE ENACTED by the Council of the Corporation of the Village of Newcastle as follows: 1. That the Corporation enter into and execute agreements with the Ontario Water Resources Commission for the provision of Sewage Service in accordance with the Schedule attached to this By -law. 2. The Reeve and Clerk are hereby authorized and directed to execute an agreement substantially the same as attached hereto as a Schedule "A". 3. This By -law hereby rescinds By -laws No. 69 -13 and No. 71 -17 passed on September 29, 1969, and July 21, 1971 respectively. READ A FIRST, SECOND AND THIRD TIME ANd finally passed on the 20th day of October 1971. `�. .......... .... . . ::. ee Cie. DEFINITI SCh. ;..,F "A" TO BY -LAW NO. OF T; t,PORATION OF THE VILLAGE OF NEWCASTLE THIS AGREEMENT, made in triplicate this ".vi,�day of A.D. 19�/ . BETWEEN: rHE CORPORATION OF THE VILLAGE OF NEWCASTLE (hereinafter called the "Municipality ") THE PARTY OF THE FIRST PART, - and - ONTARIO WATER RESOURCES COMMISSION (hereinafter called the "Commission ") THE PARTY OF THE SECOND PART, WHEREAS the Commission proposes to provide sewage service to the Municipality by means of sewage works to be provided or acquired by the Commission; AND WHEREAS the Council of the Municipality on the day of A.D. 1971, passed 'By-Law No. 71- authorizing the Municipality to enter into an agreement with the Commission for such purpose upon the terms and conditions as hereinafter set out; AND WHFRFAS the (Ontario Municipal Board has by Order dated the 14th day of July . A.D. 19 71, approved the entering into by the Municipality of this agreement Z NSW THEREFORE THIS AGREEMENT WITNESSFTH that under sub - section 1. (d) of section 17 and section 18 of the Ontario Water Resources Commission Act, the p?r. ti. es hereto in consideration of the covenants, terms and conditions hereinafter set forth, covenant and agree with each other as follows: 1. Tn this agreement, (a) "calendar year" means the period commencing January 1st in any year and ending December 31st in the same year; DUTIES OF Comm ISSIC (b) "commencement date" means the date on which the Commission is able to supply sewage service hereunder, as determined by the Commission; (c) "Commission°' means the Commission or any of its, employees, agents, servants or officers ?uthori_7ed to act on its behalf under this agreement: (d) "initial period" means the period commencinp, on the commencement date and ending on necember 31st of the second calendar year next following; (e) "initial rate period" means the period immediately subsequent to the )initial period consisting of three consecutive calendar years,; (f) "rate" means the rate, as determined by the Commission hereunder, expressed in cents per one thousand Imperial gallons of sewage transmitted to the point or points of recording; (g) "rate period" means any period subsequent to the initial rate period consisting of five consecutive calendar years; (h) "Sewage Works" means the Ontario Water Resources Commission Newcastle Pollution Control System #1; M ' °sewage service" means, the collection, acceptance, transmission, treatment and disposal of sewagP, or anv one or more of them as determined by the Commission from time to time® �. The Commission agrees: (a) To supply sewage service to the Municipality, without undue delay, on the terms and conditions hereinafter set forth, and to such other municipalitiE and persons and on such terms and conditions as, the Commission m;,<7 di:3tPrmine .of: time to time; Yc 3 (b) To the objective of a commencement date on the lst day of September A.D. 1973; (c) To notify the Municipality in writing of the commencement date at least twenty days prior thereto-, and, (d) To exercise reasonable care in the carrying out of all of the terms of this agreement, it being understood and agreed nevertheless between the parties hereto that subject always to the obligation to exercise such reasonable care, no warranty or liability on the part of the Commission is intended nor shall any warranty or liability be implied or imposed in respect of the performance of this agreement by the Commission. 3. (a) The Municipality shall, as soon as possible after the execution of this agreement and at least ninety 101 PAL days prior to the date specified in paragraph 2 (b) EWA GE -L AW hereof, pass a by-law in a form approved by the Commission and in accordance with the law, to control the discharge of sewage, as defined in the Ontario Water Resources Commission Act, into the Sewage Works or into any sewer, sewer system or sewage works of the Municipality, or if the Municipality already has a by-law controlling the discharge of sewage, will amend the same at the request of the Commission, and shall deliver a certified copy of such by-law as passed or amended to the Commission prior to the commencement date, and shall not amend, further amend or rescind such by-law without the prior written approval of the Commission and shall enforce such by-law with due diligence. METERS CONNECTION OF SEWAGE iMATED - 4 - (b) The Commission shall install, at such point or points as the Commission shall determine, hereinafter referred to as the "poi.nt or points of recording ", such equipment as may be necessary to determine the volume of sewage transmitted to the point or points of recording, and the Alunicinality may from time to time inspect such equipment at its expense® (c) The connection of sewap-e works that belong to or are under the control of the Municipality to the Cewa?'e 1+Torks and any repairs to or alterations of cuch connection shall be to the satisfaction of the rommission and at the exnensp of the Municirali.ty, and in the event that the equipment referred to in sub - paragraph (b) hereof is installed in sewage works bel_onp-i.ng to or under the control of the Municipality, the Municipality shall permit the Commission access to such equipment at any time or time^ for the purpose of reading or testing such equipment. (d) In the event that the Commission determines that the volume of sewage transmitted to the point or points of recording has not been recorded or has not been recorded accurately for any period of time, the Commission shall estimate the volume of sewaP-e transmitted to the -?oint or points of recording durinL- such period of time and such determination and estimation shall be final and bindins- on the parti e^ hereto for al l purposes of this agreement,, SEWAGE QUAL11 USE S E1% LIQUICIATED DAMAGES - 5 - 4. (a) Except in an emergency, as determined by the Commission in its discretion, or except with the prior approval of the Commission in writing, on such terms and conditions as the Commission may determine, (i) The Commission shall accept only sewage which does not contravene any of the terms and conditions set out in Schedule "A" hereto; and (ii) The Municipality shall not transmit, nor permit to be transmitted, sewage to the Sewage Works which contravenes any of the terms and conditions set out in Schedule "A" hereto. (b) Subject to sub-paragraph (a) hereof, the Municipality shall transmit to the Sewage Works all sewage in the sewage works of the Municipality as they may exist from time to time, that, in the opinion of the Commission, have been designed to receive and transmit sanitary sewage and commercial and industrial wastes. (c) In the event that the Commission enters into an agreement to provide sewage service from the Sewage works to municipalities or persons other than the Municipality, the Municipality shall pay to the Commission the sum of $100.00 as liquidated damages and not as a penalty for each day during which the Municipality has transmitted sewage to the Sewage Works that contravenes any of the terms and con- ditions set out in Schedule "A" hereto, contrary to su M d 5. (a) The Municipality shall supply to the Commission PORT GENTS on or before the third anniversary date of this agreement, and similarly at subsequent two year intervals thereafter, during; the currencv of this agreement, a written report containing such information as the Commission may require resnpctinF the Municipalitv°s rpasonnble renuirempnt� for spwac-�e service during the three year npriod subsequent to the date of each report. (b) The Municipality shall cunply to the Commission. URTHER upon request at any time or times such other written [E PORTS reports or information as the Commission may require, (c) The Municipality shall use reasonablQ care, due dili ,-erce and its best Pndeavourr, to prepare and suppl.v to the rommi.s -ion anv report or informnti on rPoui_ red hPrpunder. 6. The Commission shall use reasonable carp, due dili�rencp EXTENT OF SEWiGE SERVICE EXTENSION OF SEWAGE SERVICE and its best Pndeavours, (a) To provide on or before the commencement date, sew -q( service sufficient for the renuirpments set out in Schedulp "B" to this agreement, and (b) Subsequent to the third annivprczary date of this agrepment, to provide within a period of three years of the recpint by the Commission of anv renort or information pursuant to raraFranh K hereof, sP,,,Ygge -ervicp sufficient for the rPasnnablP rpauirpmpnt- of the Municipality as determined by the Commission and notified to the Municlnal i +v, and based on sr.ich rPAo.rt or information referred to abovp, provided that the Municipality has complied with ?11 of the rpouiremen +s of raragranh 5 hereof a.rd further nrovided that, in the opinion of the Commission, the renui rements set forth in anv suoh renort nrP comnatiblp with sll work initiated by the Commission in qc- ordance with anv prpvio,.,s rpX3nrt or inform-tiny, s® 7. YSTEM I N ISCRETION F CCI" I SS I ON 8. iPAIRMENT RECEI VING MY U, AXIMUM 0 RATE FLOW - 7 - Excpp+ ac ntherwi cc� eVpre-sl y -r—r1d P.d in th i s a.7reement, the lomrtiscion in its disrratinn shad determine, X11 matters with respPrt to the ew-�?a ' ^rork�, and without limitin.7 the P.-enerali +v of the fore ,-oing. shall determine, (a) The number of StagPS in the gel.Wage Work- and the date- on `vhi rh sur.h StagPS shall be rr ^1ri (9ed ^r ,cnui rP*? , bbl Tre 9esig -. dascrintion, rapsrit'r, function, alterptiors, rer1acements, multiiliratinnr anr3 enlargements of Pach stage of the cewagP lqnrk^ G anO (c) All matters affprtirg tha economy of the cewa�,e Work-:e all of the terms and rondi.tionc of this ?greement note ^:'it sta.ndin;, as expressly agreed and inderstoo,9 by the part hereto that nothing; herein contained nreates anv obliFat expressed or implied, on the (`ommission to provide raw -;51-E service hereunder which, as determined by the Commi-sion would not be in accordance with mood PnP-ineeri.n�- princip" or practice, and without limitirg the P:enerality of the foreFoina nothi.n�- herein coma i.ned creates Pry obl i g-a ti oY expressed or implied, or the Commission to Pnlarge, P-tPT alter or modi.fv the SPwa�a '''orks, i_fi it the npinion of t�, Commission, the rrobable effect of the effluent from the gPwagp, 'gorks (ac they may be Pnl.argpd, extended. ai terpd' modifiod) would be the impairment of the quality of an v water or watprcourse 1 -hich may receiv- such or into which surh effluent may be dis(-hnrqe (9. T11 T'iuni ci.T)al ity shall not in-t-11 , con -e_rt or p?�Q1^atp, nor permit to be inst�l��d, connected or oppr -tad, any works, eniilrment or striirture that or permits the trarc7ml gcZon of sew ^.OP at anv limp' or ti m-q to the Sewage works at a rat- :of flnw nr o-P a aiipli +v or other -i,7e not in conformity with this ? ,-reemant oy^ ar ,, r, LI QU I I DAMAGE EXCESS OR RATS - 8 - report or information supplied by the Municipality under paragraph 5 hereof, except with the prior approval of the Commission in writing. 10. In the event that the Commission enters into an TED agreement to provide sewage service from the Sewage FOR VE VOLUME OF FLOW Works to municipalities or persons other than to the FULFILLMENT OF OBLIGAT .I ONS CHARGE FOR SEWAGE SERS I CE Municipality and if the Municipality at any time or times transmits, or permits to be transmitted, sewage to any part or parts of the Sewage Works at a rate of flow or in a volume, which as determined by the Commission, exceeds, (a) That rate of flow or volume which such part was constructed to accommodate in accordance with paragraph 6 hereof, or (b) That rate of flow or volume specified in any report or information supplied by the Municipality to the Commission pursuant to paragraph 5 hereof, whichever shall be the lesser, the Municipality shall pay to the Commission the sum of $100.00 as liquidated damages and not as a penalty for each day during which sewage has been transmitted at such rate of flow or in such volume, unless the written approval of the Commission has been obtained for such transmission. 11. Subject to the provisions of paragraph 8 hereof, the provision of sewage service by the Commission in compliance with any report or information of the Municipality providec under paragraph 5 hereof shall be deemed to be the ful- fillment by the Commission of its obligations under paragraph 6 hereof with respect to the period of time covered by such report or information. 12. (a) The Municipality shall pay to the Commission all charges for its sewage service which shall be the sum of , (i) The gallonage charge as set out in sub-paragraph GALLONAGE SUBSEQUENT RATE IOEM _ 9 - HA) All -ams recpi.vpd by the MUni(,inal ity as cewpgP rues imnospd unon owners or ocfupants of land in rpsnect of local collector sewers -provided and Operated by the rommisgion hereunder® (b) The Municinal.ity shall nav the sum-- referred to in cl au --e (ii) of --ub- para�rraph (!P) hereof in the year in which such sewage rater are collected by the Municipality, (fl The gallonagp char,-e for spwa�-P gprvicp for a month --hall be calculated a- the product of the rata for spwaRe --ervi_ce for the initial period, or initial rate period or the rate period, ac the case rnpv bp, applicablp to such month and the total volume of spwab?'P_ tran --mitted to the point of recording in such month as determined by the rommission, and such gallonage charge --hall be naid by the Muricinality to the commission in accordance with it-- monthly statement of account delivered to the Municipality. (d) (i) Subject to the terms of this aFrepmpnt, the ratp' for sewage service for the initial rate D -riod and anv rate period shall be determined by the Commission in its discretion and shall be based on the cost to the rommission, as determined by it, of providing spwap.e service by mean-- of the Sewage Work,--. (ii) The difference, as determined by the Commission in i.ts discretion, for anv period of time bptwpP the cost, incurred or anti cir.ated, of nrovi,�Iing sewa.ge service by means of the gewa 7e Works, and all payments, both made and anticipated, to the Commission by the Muni cina.lity, and any other municipalities or nersons, who have enterp into or are anticipated to enter into agrePment with the Commis --ion with respect to the nrovisio of sewage service by means of the `'ewaP-,P Vlork�:°, and anv subsidips rpceilred or anticina tpd by the Commission in re --Deft of the construction or "I1EM 9i RATE FOR INITIAL PERT THE DETERMIN 'AND NOTIFICA 'OF SUBSEQUEN PETITION OF SUBSEQUENT RI VARIATION OF SUBSEQUENT RA J I ON '10N ''; RATE ATE 10 operation of the Cewa;ge Works 57hall be taken into account by the Commission in determining the rate. (iii) All accounting for the Sewat?'e Works shall be Pxclusivelv for the SewgL -e Works and no surpluses or deficits from the gewage Works shall form any part of the account for any other system operated by the Commission. (e) The .rate for sewage service provided hereunder for the initial period shall be 129.3 cents Der thousand Tmperinl P7allons. (f) As soon as practicable prior to the first day of December immediately preceding the end of the initial period, the initial rate period and any rate period thereafter, the Commission shall determine the rate for the Deriod next f ollowirF and by its notificstior delivered to the Municipality shall inform the Municipality of such rate. (g) TTDon the petition of the Municipality fined with the Clerk of the Executive ('ounci_l within thirty days after the date of delivery of the notificati.nr of a rate to the Municipalitv under paragraph 1" (f) hereof. the Tieutenant governor in Council may confirm, rescind or vary such rate and the d ,-cisi ^n of the T.ieut ,-nant governor in oourcil recnecting such rate shall be final and birding or the narti P^ hereto. (h) Tf the rate for the initial rate npriod nr anv rate perinr11 thereafter i �z varied nl,rsuant to Ta.ragranh 19 hereof, the Commi -si on shall ascertain the di ffPrPncF bPtw ,-er the nm jnt, i f art , nai d to the Commi ssi or b'r the PI.unicipal ity in monthly Davments for the period from the be�rinni nF of such initial rate neri nd nr such rat,- peri nd, as th,- na.se may be, to +hp Pnd of the month next following the date of such variation (hereafter referred to as the "rate adjustment period "), and the nrodurrt of the voli7me of sewa{Fe transmittPd to th,- point or -oi nt- of l'I. All of the terms and ccrditinn7- of' this agreement notwith EVENTS BE`, , D'.INTROL OF COMMISSION standing, it is qgrepd and understood by the T)"rtip- - hereto that if the Commission is unable to nrovide sewp�'e recordin-- for 7ew2ge service for the rate adjustment period and the rate as varied under paragraph 12 (g) hereof, and by its statement of account for such rate adjustment -period delivered to the Municipality, the Commission shall inform the Municipality of the amount owing to the Commission or by the Commission, and such amount shall be deducted from or added to the first monthly payment to be paid thereafter to the Commission by the Munici nli-ty hereunder. Tf any error or omission is made in qnv notification ' ERRORS AND OMISSIONS or any statement of account delivered to the Municipality by the Commission under this agrPerent the Commission shall correct such error or omission in the notification or monthly statement of account next following the date on which such error or omission comes to the attention of the Commission, and the -nsrtips hereto shpll be bound by and shall comply with such correction. (j) The mailing by the Commission of q notification of NOTIFICATION a. rate or ;; statement of account in an PnveloT)p addressed to the Municipality con--ti tutp delivery of the notification or of the statement of account to the Municipality. W Any amount due and payable by the Municipality to RECOVERY the Commission, topether with interest thereon after default at the rate of 8% per annum, may be recovered with costs in P court of competent - Jurisdiction as P debt due to the Commission by the Municipality. l'I. All of the terms and ccrditinn7- of' this agreement notwith EVENTS BE`, , D'.INTROL OF COMMISSION standing, it is qgrepd and understood by the T)"rtip- - hereto that if the Commission is unable to nrovide sewp�'e HILT ff F F WATER UPPIY EACH NOT RELEASE ENC"ENTS ASSIGNMENT C. - 12 - service as contemplated herein by reason of events beyond the control of the Commission, or by reason of the acts or omissions of the Municipality, the Municipality shall reimburse the Commission for all costs incurred by the Commission in pursuance of its obligations under this agreement, upon such reasonable terms and conditions as the Commission in its discretion may decide upon. 14. Where rates that are based on water rates or charges charged or chargeable in respect of any land, are imposed by the Municipality upon the owners or occupants of such land in respect of sewage service and are charged on the water bill the Municipality shall, in default of payment of the rates in respect of sewage service, exercise when necessary all remedies provided by law for the collection of such rates, and without limiting the generality of the foregoing, and any such default continues for a period of six months, shall shut off the supply of water under the authority of sub - section 3 of section 27 of the Public Utilities Act. 15. The failure by any party hereto to carry out any of the terms, covenants, and conditions of this agreement shall not release the other party hereto from the performance of any term, covenant or condition of this agreement, but this clause shall not effect any right of action that may arise for damages for breach of this agreement or otherwise. 16. This agreement contains the entire agreement between the parties hereto with reference to the subject matter h reof, shall not be altered or amended except by an agreement in writing duly executed by the parties hereto, shall enure to the benefit of and be binding upon the parties hereto SCHEDULE "B" TO THE AGREEMENT MADE BETWEEN THE ONTARIO WATER RESOURCES COMMISSION AND THE CORPORATION OF THE VILLAGE OF NEWCASTLE DATED THIS day of 19 VOLUME AND RATE OF FLOW RESTRICTIONS PURSUANT TO PARAGRAPH a YEAR DRY WEATHER MAXIMUM 24 HOUR FLOW MGD RATE OF FLOW MGD 1973 0.0905 0.362 1974 0.0958 0.383 1975 0.1018 0.407 1976 0.1079 0.432 13 and their successors, and shall not be assigned in whole or in pert. IN WTTNESS WHFRFOP the parties hereto have caused this agreement to be executed under seal. ONTARIO WATER RESOURM COMNITSTON O.W.R.C. per: Chairmit I )E TARY I e n er rn i manager THE CORPORATTON OF TFF VILLAGE OF NEWCASTLE SCHEDULE "A" TO AGREEMENT BETWEEN THE ONTARIO WATER Rt,- .JURCES COMMISSION AND THE VILLAGE OF NEWCASTLE DATED THE DAY OF 19 • In this schedule, (a) "biochemical oxygen demand (ROD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees centigrade expressed in milligrams per litre; (b) "phenol equivalents" means those hydroxy derivatives of benzene, or its condensed nuclei, which can be determined by the 4- Aminoantipyrene or Gibbs Methods; (c) "pxi" means the logarithm of the reciprocal of the weight of Hydrogen ions in grams per litre of solution; (d) 0 1suspended solids" means solid matter in or on a liquid that is removable by filtering with a glass fibre filter paper equivalent to a Reeve Angel Glass Fibre Filter Paper, Fisher No. 9 -873; (e) "sewage works" means any works provided by the Ontario Water Resources Commission under agreement between the Commission and the Village of Newcastle dated day of 19 , and any amendments thereto, for the collection, trans- mission, treatment and disposal of sewage, or any part of any such works. 'CiiRMS AND CONDITIONS • 2 • 1. Sewage shall not have a temperature in excess of 100 degrees F. 2. Sewage shall not contain more than 100 milligrams per litre of any volatile oils, fat or grease of animal or vegetable origin or more than 15 milligrams per litre of oil or grease of mineral origin. 3. Sewage shall not contain inflammable or explosive substances of any nature, and without limiting the generality of the foregoing, shall not contain gasoline, benzene, naphtha, fuel oil or acetone, in such concentration or quantity as to constitute an explosive hazard to persons or property. 4. Sewage shall not be capable of causing obstruction to the flow in, or excessive wear and tear, corrosion or any other damage to, or interference with the proper operation of the sewage works, and without limiting the generality of the foregoing, sewage shall not contain: ashes, cinders, garbage, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood or cellulose. 5. Sewage shall not have a pH less than 6.0 or greater than 8.0 or a pH which becomes less than 6.0 or greater than 8.0 during transmission through the sewage works. 1 . �. Sewage shall not contain suspended solid4 exceeding 300 milligrams per titre. 7. Sewage that has or may cause an offensive odour, (and without limiting the generality of the foregoing, sewage containing hydrogen sulphide, carbon bisulphide, amonia, trichloroethylene, sulphur dioxide, formaldehyde, chlorine, bromine or pyridine) in such quantity that an offensive odour could emanate from the sewage works and cause a nuisance, shall not be transmitted to the sewage works. 8. Sewage in which the DOD exceeds 300 milligrams per litre shall not be transmitted to the sewage works. 9. Sewage shall not contain animal wastes, and without limiting the generality of the foregoing, shall not contain hair$ wool, fur, feathers, intestines, stomach casings, paunch manure, hidesp intestinal contents, poultry heads, toenailsq horns, bones and fleshings. 10. Sewage shall not contain toxic or poisonous substances in such concentration or quantity that the sewage may interfere with or impair any sewage treatment process or be a hazard to persons or animals.