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Home My WebLink AboutIDT 2-98�g�� °�� REPORT TO COUNCIL EROMt Tim Mooro DATE: Fcbruary 26, 1998 Chief Building Oflicial REPORT NUMBER: IDT 2/98 Penny Wyger Town Solicit�r 3UBJEC7': Sewagc System Management Agrcement Regian of Durhem Health Dcpartmenl Bill 107,the f4'alerandSewerServlceslmprovemenfAcJ, l997 • File: V9601(L) RECOMMENDATION: Thet Council pats a by-law euthorizing the Mayor and Clctk tc executc an agrccmcnt belwecn thc Town end the Regionel Municipality of Durhem, which provides for Ihe maintenence ol' ihc ndministration of Sewage System epprovals on behalf of the Town by the Region's Hcalth Dcpanmcnt, which will be transferred to thejurisdiclion of the OntarioOuildlnKCorfeAcl, efTective April 6, 1998. ORIGIN: Di11107,ihelVuferundSeu�rrSrrvfceslmprnvememAcGl997. AUTHORI7'Y: BulldingCaleAcf, l99?, mumearled. FINANCIAL IMPLICATIONS: Nil (The egrcemenl providcs for a ulF-funding program, whercin application fccs will be maintained al a Icvel suflicient lo offset, but not excced, the Region's costs of administering the program). BACKGROUND: Bill 107, the Water and Sex�er Servlces lmprovement Acf, /997, efkctively downloads the rcsponsibility for administration end approvel of private Sewege Systems (uptic systems and disposal beds) from Ihe Ministry of Environment to locel municipalities. The reguletions conceming Sewage Systcros will bc conteined in the Buifding Code Act effective April 6, 1998, and will fall under the jurisdiction of Ihe Town through the Chief Building Oflicial. The new legislation, howevr.r, allows locel municipalities to enter into egmements with upper tier Municipalities end Health Un'ts to provide lhis service on their 6ehalf. Prcsently, the Region's Ncallh Department administers Sewebe Systems under an errengement with the Ministry of Environmcnt, and receives funding which, in eddition to epplication fea, offscls the costs of the progrem. In June of 1997, the Region's Heal�h Department epproached thc Town end o�her Durham municipalities, proposing to dovelop en egrecment end working errangement whercin thcy would continuc ro edminister this progrem on behalf of thc local municipalities. This errengement is dcsireblc in that it will provide for Ihe most efliuient, consietrnt and ePkctive adminisiration of seplic epprovais uross thc Region, end best urve the pubiic inlercet. Due to ceonomics of ualc, the Town would heve difliculry in providing en independent prognm without incurring aubstsntial costs in rcteining or developtng the expeAise necesury to eafeguud the pubiic intercst. Steff heve worked with the Region •_ end aurrounding municipelidea in devoloping the eneched :Ianderd form of �greemrnt, which hea been "- '� �pproved in principle by stnfl; both �t the Region, end in seven of the surrounding local Dufiam ��'-'' ' munfcipditiea, `+ �,'. � �r � � ; ,.�� .-.�s � "i i +;J . ._ . � �y i '• Report to Counoll Feb 9J� . ' IDT:2/98 rw►Y26, t998 Page 2 One of the steted intentions in ahifting lhe rcsponsibiliry for Sewage System� to local municipaliUa, was ro promote s'one window' epprosch to development epprovela, which mey be of benefit lo applicants in rcducing the number of agencfes involved in the approval process. 7'h(s is e worthwhile goal. The edministration of applicatione under this egrcemant will be developed so as to provide the etfect of e 'one window' approech to epplicants. 7Le Town will act as the window to the applicant, by accepting applications end payments, and issuing permits, although the principal ectivities in reviewing and inspecting Sawage Systems will bc undeAaken by the Regiods Health Unit. The egreament provides for terminetion upon rcasoneble notice should ihc Town et some futuro point determine that the ndministrat(on of Sewage Systems independent of thc Region end olher municipalilies is dasireble. It 1s rccommended that the Council pass a bylaw to authorize the execution of an agrccment substantielly in eccordance with the (orm atteched es Schedule A to the bylaw. ATTACHMENTS: I. Draft By-lew. 2. Sewege System Menagemcnl Agreement (Dralt 2). � � Tim M rc, hief Building Official Copy: General Meneger Dircctor of Public Works —� ��_ �� , � � � t §, I r„'' � f ;� s i; E � b�i, 9 �, �4 � ,, £�<;c � , � : , ., , � �.�k } �; { '.1 � . t F ��. � > 96� : •. THE CORPORATION OF THE TOWN OF PICKERINa f BY•LAW N0. 5220/9A Being a by-!aw !o authorkt Ihe txecufton oj on " agnemenr berwem the Town oJ Pickering and Ihe Reglonal Munlclpallry oJ Du�ham rcgarding Ihe provblon oj reHnge sysrem approvaft and olher re!aled mat�err b}� rhe Reglon oJDurhan on 6ehafjoj !he Tmvn. WHEREAS pursuant to the Water and Sewer Services Improvement Act, 1997, local municipalities ere rcsponsible far tho administration and approval of privete Sewege Systems; WHEREAS the Corporetion of the Town of Pickering wish to enter into an egreement with the Regionel Municipaliry of Durhem which will provide for the edministretion end epproval of private sewage systems by the Rogional Municipal of Durham's Health Unit for sewage systems located within the geogrephic limib of the Town of Pickering; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HElIEBY ENACTS AS FOLLOWS: 1. The Meyor and the Clerk arc hereby aulhorized to cxecute an agreement wilh the Regional Municipality of Durham, far ihe provision of services by the Region rcgarding privete sewage systema, which agrcement shall be preparcd in a fortn substantially in accordance with ihe Schedule "A" attached herelo. BY-LAW rced e first, second and third lime and finally passed this 9th day of Murch,1998. Weyne Arthun, Mayar i� Bruce Teylor, Clerk � F� � � �� :� TOWNOF !� t:'� ,; ' PICp RINO ' ��j M1. ' . . . . � lf . . . . . . . . ' il F'7 (� { �� ' �,� [a+��o�r.. � -��z f�. �, � ��a;<t�� ; w�� K � ,��F � l . y .. . . "t� �i q ��ry�. ,�',� F *` .� . j � j�� s " � r"'�}'` '�tr Si �.iAssr4''`q� ti�rSF ,�� x � t`v��fK �f � + 5 ' r J��'� �'�� .}; M� �:. � t � . ��;.i�yf�ja"��-t�`zist✓;i c_. P . . _.��,�'1�`�' dY't�� 3'� T 1 � r ,�; . �.1 _ . �..��`.f.�.:9�'�?v" 1.;: t , .. 5 . ? . . �:::� Schadule A _ 97 SEWAGESYSTEM MANAGEMENTACREEMENT �.� :. THIS A(}REEMEN'f dated as of the day of ,1998 ' BETWEEN: • TfiE REGIONAL MUNICIPALITY OF DUElHAM (the "Region'� -and- (the'Municipality'� — WHEItEAS this Agrcemeat is being entered into pursuent to Section 32.1 of the Bulfding Code Act, 1992 (ihe "AcP7 for the purpou of delegaling to the Regionel Municipaliry of Durham's Healt6 Department (the "Health Department'� cenain responsibilities wder the Act and the Building Code as thoy are from to time amended as set out hercin with respect to sewege systems (wilh a capaciry of leu than 10,000 liues per day); NOW TFIEREFORE in conside�ation of the mutual covenanis herein contained, the parties hereto heroby agrce as follows: ARTICLE ONE Section 1.01 • bFDlication This Agreement shall be applicable to all lands lying wi�hin Ihe gcogrophic limits of ihe Municipaliry (the "Londs"). Section 1.02 - Quties The Health Department shall failhfuily carry out its duties hcreunder in accordance with the Act and the Duilding Code in Corce Gom time to time, this Agreement and any other legisl�tion contemplated hercunder. �� _ ;�� # { . �,. r Y ��t � E ` t ��(;i � . . ;�Lt �4 ,+ � �' �. . .:i°, e rrr � z . . �j �`�,1f t :. t � .. - �� {CA �.. �,�zk'.. .. , ,�'y `'t (��„� l+j,f r y � } � t� R � t�L�3c . � iMx� vF � � '� � ��,' y �' � .- . y r�f^�J' 3t �^'✓. r t ; �' yyy""s��t� 5 y, ,, -�' r 3 l`fl'��f �`iW;�=4� x, � :j .. � . I i } . c �y P s� i., . . °.�t f r � � ��k �� t "� � - 4 t . �#�{c i t e 1{;�te r� � v. s� . . � �'v�i ��r�tfy�-. 9 f .Q > Y �- t ..- 4 . .. �� cxx. 4 � 2_ f t �; � . Yx i�� h7 y: �tt . .. k � Y��.x�ti�� i ..: y5 ,i : . . � � t . i rrlpik M��-fyi. \ �y/ tii y�._ � 'F � ��..,5k,��, �x -r �� q e � �` ��„..��2.'�.3Y' � c �y . df . i� �L.�'P�.iS� �'� . t, . � �� . s . .. . . . , . , � z- 98 ARTICLE TWO ' Section 2.01 - 1� � :•�,�� ) "Sewage System" sha11 havc the meaning ascribed to it in the «gulations under the Building Code Acl, 1992, ns amended from time to time. (��) "Inspector" means en inspector appointed under scction 32.! of the Bu!!ding Code Act, � 992 as amended. ART(CLE THREE SERVICES OF THE HEALTH DEPARTMENT Section 3.01 - Service, The Health Department shall providc the following services in rclation to the Lands: (i) Carry out an inspection of any land which is planned to be divided by severance, whero no municipal sewage services unc proposcd, to ensure ihnt eaoi� lol will be suiwble for ihe installation of a Sc��age System; (ii) Inspect propenies prior lo Ihe issuance of a pennit for Ihe consiruction, insiallation, estublishment, enlargcmcn�, extension or allcration of a Scwugc Syslem; ��) Following ihc issuance of a perm(�, inspcct anJ rcinspccl when nccessary Sewage Syslem installations io azcenain compliance with the perroi� and other requirements under the Act or Duilding Code; (��) Carry out land inspcctions io Jctcmiinc the acecpiability of applications for minor vuriances or lo� lint aJjusimenis as Ihc�• rclate ta ex(s�ing nnJ proposcd Sc�eage Systcros anJ rc�ieu� official plans and zoning byla�vs and amenJments to ensurc compliantt ailh provisions of Ihe Act and DuilJing Code relming io Se�aagc Sysicros; (v) Review applications for additions and alter�tions to existing buildings, in order to delem�ine suflicicnc}• uf esisling Se�ti�age Syslems in such cazes; ��) (ssue permits in accmdance wi�h the Act and in occordanec with the fiuiWing Code relating to Scaage Sys�cros phe "Pemiit"); i��) Reccive ;uid process applicatians and requests rclatcd to xtivilies lisicd in Parographs (i) through (� i) of ihis section; ,-: - ,.s,_� .,T - - . �i ` � ?1i . .. . � . �a i}' - , ' �� . . � . �,Si . . ��$ , . . . .. . . . . . .. , . . �3� • 99 (viii) Provide reports and commenq on minor variances and severances directly to the appropriete planning authority; (ix) Review planning documents including but not limited to subdivision proposals, draR oft5cial pians and proposed amendmenb to ensure wmpliance with provisions of the Act and Building Code rclating to Sewage Systems; (x) Attend meetings of Municipality's Cowcil, its commitlees, and other mectings az rcquested by the Chief Building Official of the Municipality, to discuss matters rclating to any provisions of the Act or Building Code relating to Sewage Systems; (xi) Upon the rcquest oC the Municipaliry participate in the preparation for hearings and attend as a witness Cor the Municipaliry at hearings before the Ontario Municipal Board and before the Building Code Commission, where the hearing concems a matter rclating to Sewage Syslems in the Municipality; (xii) Maintain adequate records of all documents and other materials used in performing the duties rcquired under this Agreement together with documents to support the determination oC the Region's actual costs and used by the Region to establish its fees; (xiii) Upon rcquest by the Municipaliry, provide rcady acccss to the Municipality of all recards kept under subsection 3.Ot (xii) herein; (xiv) Consult with various groups, including the Ontnrio Ministry of Municipal Affairs and Housing and the Building Materials Evaluation Commission, reg�rJing compliance with the provisions of the Act and thc Building Code rclaling to 5ewage Systems; (xv) Respond to inquiries conceming existing Sewage Systems trom solicitors and ather persons pursuant to property transactions nnJ othcr matters. (xvi) Respand to inquiries made by nny person undcr �he ,11�micipal Fre�dom oJ lnjormudon anJ Prutecliari ojPrieacy Ac�, R.S.O. 1990, c. M56. as amtnJeJ, or lhtough any other Icgal channel; (xvii)Investignle complaints and malfunctioning Sewage Systems, undertake compliance counselling and prcparation of rcporls for abatemcnt uction ns it rclutes to existing and propoud Sewage Sysicros; (xviii)Prepare documentation nccessary to prosecution activitics relating to Sc«age Systcros under the Act and the Duilding Code. Administer proceedings nlating to Sewage Systems pursuant to the P�ovincfal OJ/'ences Acl, R.S.O. 1990, c. P33, (xix) Provide all forms nceessary for the administration of Sewage Systems wder ihis Agreement; .4• 100 � (xx) Provide any other meqen rcleted to the administration or enforcement of 1he Act or Buildinp Code rclating ro Sewage Systems. ARTICLE FOUR Section 4.01- Fee Scheduie 'Ihe Region agrees to establish a fee schedule which �eflects only the actual cosis to the Region of administering the program and of providing the services descrilxd in�this Agreement. The Region agrees to esi::blish the requirements for Sewage System applications and fees by bylaw and to provide the Municipality with a copy of that bylaw. The Region will require the paymenl of fees on applications for and prior to 1he issuance of all pertriits and other urvices as set out in Schedule "A" herein, '[l�e Region may amend the fees, as set out in Schedule A, from time to time to rcflect changes in the Region's actual eosts of providing the services and administering the program. The Region shall provide not less than 60 days notice to the Municipality prior to the ef%ctive date of any umendment to U�e Rcgion's fee schedule. Section 4.02 - Collection of Fees Fces shall be payable by the applicunt nt U�e time of the appiicution, and shall be rcmitted directly to the Region. In the oltemativo, the Municipality shell have Ihe option in its sole discretion to collect the fas from lhe applicant on behalf of the Region nt the lime of the applicntion nnd therenfter to remit the fas to the Region no later than tho last business day of every month. Section 4.03 - c o ' The Region ngrees ta provide to the Municipality with a report on or before February 281h of every calender year, which report will summarize the actions completed by 1he Region on behalf of the Municipality within thc previous calcnJar yeaz undcr this program. The rcpon shall nlso include a summary of all of Ihe rcvenuc generated Gom fces for each npplication and will itemize thc services provided. 'Ilie repon will alw idcntify the Region's actunl costs of administering the program for the epplicnble culenJar year. _ . .5.. ARTICLE FIVE RJSPECTORS Section 5,01- Oualifications The Region agrees to employ sufficiont experienced Health Depaztment personnel (the "Personnel'� for the purposes of cazrying out Ihe duties described in this Agreement. The Region further agms that alt such personnel shall possess and maintain the qualifications prcuribed by ihe Ontario Building Code for Sewage System (nspectors. Section 5.02 - @pjwintments The Region shell appaint all inspectors pursuant to the administration of Sewage Systems provisions of the Act, and the Regional Clerk shall issue a certificate of eppointment bearing his or her signature, or a facsimile of it, to each inspector appointed by the Regional Council. Section 5.03 - e nin&Relationshios All personnel described in sections 5.01 and 5.02 herein shall be employees of the Region. Such personnel sheil not be considered employees of ihe Municipality for any reason whatsocver. The Region shall relain sole jurisdiction over and responsibility for cvery aspect of the terms and conditions of the employment of the personnel. ARTICLE SIX UABILITIES AND INSURANCE Section 6.01- I inhilitv nf ihe Healih De�artment The Region shell indcmnify and sa�•e harmless the Ntunicipality Gom and agoinst oll claims, demnnds, losses, costs, damages, actions, suits or procecdings by whomsoever made, brought or prosecuted in any manner based upon, arising out uf, rclnted to, occasioned by, or attributable �o the activities of the Region in cxecuting the work under ihis Agrcement or in providing the secvices under this Agreement or arising Gom any act ar omission of the Region relatcd to the servias end the program rcferred to in Ihis Agrcement. Section 6.02 - Insurance For the tcrtn of this Agreemcnt, the flealth Dcpartment will, at its expense, maintain liability insurance contracts, in the nmaunts and containing the terms and conditions, if any, set out in Schedule "B". ;� ' t'�,� �'._ •6-. ��2 • 1011 ARTICLE SEVEN TERM ANG TERMMATION OF AGREEMENT Section 7.01 • � Subject to the provisions oC section 7.02 hercin, this Agrcement shell continue in force for a period of three years commencing April 6,1998 and onding on Merch 31, 2001. Section 7.02 - e 'nat'o Notwithstanding the provision of uction 7.01 hercin, ihe Municipality may immediately tertninate this Agreement et any time during the tertn of this Agreement, if in the sole opinion of the Chief Duilding Officiel of the Mwicipality, the Health Depaztment has failed to: a) adhere lo the provisions of the Acr and Regulations; or b) exercise any diuretionary powers of an Approval Authority in the public interest relating to the provisions ofservices in the Municipality; and the Heaith Department has not, in the opinion of the Chief Duilding Otlicial of ihe Municipality, remedied the matter to the satisfac4on of the Municipaliry within 60 days of a written notice describing such concems bcing Convarded to the Health Dcparlment. Section 7.03 Either party mny tertninnle this Agrcement for any rcason upon 180 duys prior aritten notice to the other party, ARTiCLE EIGHT MISCELLANEOUS Section 8.01 - rca bl . The preamble hereto shall bc deemed to form an intcgral part hereoE Section 8.02 • Gender Whenever the singular fortn is used in this Agreement and when required by the conlcxt, Ihe same shall include the plural, the plural shall include lhe singular and the mascuYine gender shall include the feminine and ncuter genders. ;, i , ��r1, . .. . . . ' . ... . -�- . �03 Section 8A3 - ��p�py� This Agrament shall not be chenged, modified, terminated or discharged in wlwle or in part except by insuument in writing signed by the parties hereto, or their respective successon or pertnitted essigm, or othenviu as provided hercin. Section 8.04 - Assi¢nment 7his Agreoment shall not be assignable by either paAy hereto without 1he written conxnt of the other party being first obtained. Section 8.05 - Other A¢reements and Policies relatin¢ to Sewage ste Nolhing in this Agreement shall imply that the Municipaliry is a pariy to any other egreement or policy which the Region implements or mainteins which is releted to Sewage Systems, unless the Municipality hu expressly agreed in writing to be subject to such agreement or such policy. Section 8.06 • 'ce My notice, repon or other communication rcquired or pertnitted lo be given hereundor shall be in writing unless some other method of giving such notice, report or other communicatian is expressly accepted by the party to whom it is given and shall be givcn by being deli�•ered or mailed to lhe following addresses of tha parties rcspeclively: (a) To the Henith Department: The Regianal Municipality of Durham Health Depurtmenl 1615 Dunda4 Strcat Eut, Suile 210 Whitby, Ontario LIN 2Ll Attention: M1icdicalOfficcrofllealih (b) To the Municipality: Attention: ' My notice, report or other written communicntion, if dclivercd, shall be decmed to ha��c been given or made on the date an which it was delivcred to any employee of such pam•, or if mailed, postege prepaid, shall be deemed to have bcen given or made on the third business day following the date on which it was mailed (unless at thc time of mailing or within fortyeight hours thcrcof there shall be a strike, interruplian or lock•out in the Canadian postal service, in which case , '� �, , 104 •g• . xrvice shell be by way of delivery only), Either party mey et my time give notice in writing w the other party of the chenge of its addrcss for the purpose of Ihis uction 8.05. Section 8.07 - �g�jp� The section headings hercof have been inserted for the convenience of reference only and shall not be conswed to affect the meening, construction or effcet of this Agreement. Section 8.08 - Govemin¢ Law The provisions of this Agreement shall be construcd and interprcted in accordance with the laws of 1he Province of Ontario as at the time in effect. Section 8.09 • Bntirc Agreement 77u parlies acknowiedge and agree that this Agreement sets forth the entire agreement between them with respect to the urvices and that there are no provisions, represenlations or undenakings ather than set out herein. IN W[TNESS WHEREOF the parties have executed this Agreement. THE REGIONAL MUNICIPALITY OF DURHAM Per: Roger Anderson, Regional Chair Pcr: P.M. Madill, Regional Clcrk MUNICIPALITY Per: , Mnyor Per: , Clcrk �jm,5.powu��ca 1 � ��' _ - ' . � , . � �.� .. �. . � . . .... � . . .� .. .,. , ., . .., �. - io - 105 SCHEDULE A: USER FEES SCHEDULE ACTIVffiES 1998 USER FEES OBC AcHv(He� SIoQ e Family Dwelitna BulldinQ Permit for � Private �) Std:s232m1(2,500 ft� -S 500.00 SewaQe System b) Sfd:>232 m' (2,500 ft� -S 700,00 (previously known as CerHlicate ot . Approval under EP�) Non•Residential / ineNtutlon a) s4,500 L/day -S 500.00 b)>4,500-10,000L/day -51000.00 LarQe fCommnrlal //nduafrlaA , a) >4,500 -10,000 Lday -S1,600.00 �too�' AcNviNe� - Undetermined Cammuoal Syetew MortQ. / Property Aeuse. - S 200.00 Lot Conseob - S 300.00 (per appitcatlon• 2 lob) Draft Plnn� of Subdlvlsioo • S 200.00 (perlol cr�ation) Rezontn¢� (OP.la, Retontng: - S IS0.00 Va�lancctJ (per eppficarion) BuildlnQ Addit(on� - S I50.00 (Sile /nrp.) - s Zs.00 �off��1 Cemetery Assessments • S 10.00 (per pfor) Lawyers' Letten - S 125.00 Bld�. Permit for sewage system - S 25.00 (per appinJ E:tensfon� (1 yr) Hydrogeological Peer Revlew - undetermioed Asses�menb (per appllcationJ Attendaoce at OMB or ot6er - undetermined T�ibunals . .l,h �,;; .i, , : 106 _ .��. ; SCi�DULE B: INSURANCE , '!be Re�ton ahell maintain in fiill foree and e8bct during the term of thie A�eemeat a policy of compreheosive geaerallIabiliry inswance provlding coverage for a limit of not less than two million (52,000,000.00) dollazs for each occurrence of a claim of liability agaiatt the Region, ib officen ar employees under this Agnement � � � �f � � � � rr - ,. ..}�. `: - �� , 1 ;:, _ ;'' . „rs ,:��;k.#j,v_:u �_.:+'_�r�,.ar , . R . _, . .. , , , .. .,