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HomeMy WebLinkAbout2001-095 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2001- 095 Being a By-law to authorize an agreement between the Corporation ofthe Municipality of Clarington and the Regional Municipality of Durham to continue delegating the responsibility for administration and enforcement of the Building Code Act and the Ontario Building Code in respect of sewage systems. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 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 Bplaw. BY-LAW read a first and second time this 29P day of May 2001. BY-LAW read a third time and finally passed this 29' day of May 2001. 1011 Mutton,Mayor SEWAGE SYSTEM MANAGEMENT AGREEMENT THIS AGREEMENT dated as of the day of 2001 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 as of the 28 w, day of April,1998(expiring March 31.2001),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(the"Act")and Building Code made thereunder relating to Sewage Systems,pursuant to subsection 32.1(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 sufficiency 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 -Definitions 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 32.1(3)of the Act; (iii) 'Building Code"means Regulation 403/97 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; IWM (ii) Inspect properties prior to the issuance of a permit under the Act or Building Code for the construction, installation,establishment,enlargement,extension or alteration of a Sewage System; (iii) Issue permits under the Act and Building Code relating to Sewage Systems; (iv) Following the issuance of a permit under the Act or Building Code,inspect and reinspect,when necessary,Sewage System installations to ascertain compliance with the permit and other requirements under the Act or Building Code; (v) 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; (vi) Receive and process applications and requests related to activities listed in paragraphs(i)through(v)of this section; (vii) Provide reports and comments on minor variances and severance's-directly to the appropriate planning authority; (viii) 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; (ix) Attend meetings of Municipal Council and their committees to discuss matters relating to any provisions of the Act or Building Code relating to Sewage Systems; (x) Maintain adequate records of all documents and other materials used in performing the duties required under this Agreement; (xi) Upon reasonable notice by the Municipality, provide reasonable access to the Municipality of all records kept under subsection 3.01(x); (xii) Consult with various groups regarding compliance with provisions of the Act and the Building Code relating to Sewage Systems; (xiii) Respond to inquiries made by any person under the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990,c.M56.as amended,or through any other legal 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 Act or Building Code relating to Sewage Systems. (xix) Attendance at hearings of the Ontario Municipal Board,and other tribunals,as required. -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 by 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 on the last business day of every month. Section 4.02-Collection of Fee Schedule The Regional Council shall have the sole discretion,acting reasonably,to further amend the fees as set out in Schedule A 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 applied to a reserve fund and utilized by the Health.Department to offset any deficits incurred. 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 to be employed as a full time certified Public Health Inspector;and (b) a person who has graduated in Ontario from Ryerson Polytechnical University in Public Health Inspection or Environmental Health Program or from a university in a course in Engineering or Environmental Sciences;and (c) 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 32.1(3)of the Act. The Regional Clerk shall issue a certificate of appointment bearing the signature,or reasonable facsimile,of each inspector appointed by the Regional Council. ARTICLE SIX INDEMNIFICATION AND INSURANCE Section 6.01 -Indemnification The Region shall indemnify and save harmless the Municipality from and against all claims,demands, losses, costs,damages, actions,suits 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 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, losses,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). -4- 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. ARTICLE SEVEN TERM AND TERMINATION Section 7.01 -Term This Agreement shall continue in force for a period of three years commencing ,2001 and ending 2004. Section 7.02-Termination i$0 The Municipality may terminate this Agreement on 1.5&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 180 days notice. ARTICLE EIGHT MISCELLANEOUS Section 8.01 -Preamble The preamble hereto shall be deemed to form an integral part hereof. Section 8.02-Gender Whenever the singular form is used in this Agreement and when required by the context, the same shall include the plural,the plural shall include the singular and the masculine gender shall include the feminine and neuter genders. Section 8.03-Amendments This Agreement shall not be changed, modified,terminated or discharged in whole or in part except by instrument in writing signed by the parties hereto,or their respective successors or permitted assigns,or otherwise as provided herein. Section 8.04-Assignment This Agreement shall not be assignable by either party hereto without the consent of the other party being first obtained. -5 - 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 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 40 temperance Street Bowmanville,Ontario L1 C 3A6 Attention: P. L.Barrie,Clerk WON 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 right. 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: ❑, Mayor Per: ❑,Clerk H:\Groups\Legal\Steve\Heath\sewage system renewal agreement AGT-06-01 SCHEDULE"A" USER FEES SCHEDULE: ACTIVITIES 2001 USER FEES OBC Activities Sewage Single Family Dwelling a)Sfd:s232m ( 502 0 ft2) -$500.00 Building Permit for a Private System b)Sfd:>232 m2(2,500 ftz) -$700.00 (previously known as Certificate of Approval under EPA) Non-Residential/Institution a)x4,500 Uday -$500.00 b)>4,500-10,000 Uday -$1000.00 Large(Commercial/Industrial) a)>4,500-10,000 Uday -$1,600.00 Regions'Activities Communal Systems -Undetermined Mortgage/Property Assessments -$200.00 Lot Consents -$300.00 (per application-2 lots) Draft Plans of Subdivision -$200.00 (per lot creation) Rezonings(OPAs, Rezonings Minor -$150.00 Variances) (per application) Building Additions -$150.00(Site Insp.) -$ 25.00(Office) Cemetery Assessments -$10.00 (per plot) Lawyers'Letters -$125.00(per application) Bldg.Permit for sewage system -$25.00(per application) Extensions(1 year) Hydro-geological Peer Review -undetermined Assessments (per application) Attendance at OMB or other Tribunals -undetermined SCHEDULE`B" 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.