Loading...
4178 Schedule A Sewage Management AgreementSEWAGE SYSTEM MANAGEMENT AGREEMENT BETWEEN COUNTY OF OXFORD AND THE CORPORATION OF THE TOWN OF TILLSONBURG February 13, 2018 SEWAGE SYSTEM MANAGEMENT AGREEMENT This Agreement dated as of the day of BETWEEN: COUNTY OF OXFORD (hereinafter called "Public Health"), or any subsequent assigns including the County of Oxford OF THE FIRST PART AND- THE CORPORATION OF THE TOWN OF TILLSONBURG hereinafter called the "Municipality") OF THE SECOND PART WHEREAS this Sewage System Management Agreement (hereinafter called the Agreement") is being entered into pursuant to Section 6.2 (1) of the Building Code Act, 1992, as amended (hereinafter called the "Act"), for the purpose of delegating to Public Health 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 GENERAL Section 1.01 Application: This Agreement shall be applicable to all lands where no municipal sewers are readily available in the Municipality (hereinafter called the "Lands"). Section 1.02 Duties: The Department of Public Health & Emergency Services for County of Oxford herein known as Public Health 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. Section 1.03 Public Health has the expertise to provide to the Municipality the services identified in this Agreement. 2 Section 1.04 The parties acknowledge that the Chief Building Official and Inspectors of the Municipalities appointed under Sections 3 and 4 of the Act shall not exercise their powers under the Act in respect to sewage systems while this Agreement is in effect. Section 1.05 This Agreement may, by mutual agreement, be amended in writing from time to time, to reflect changes in the programs of the parties to the Agreement, and/or as a result of changes in legislation or provincial policies, and/or as a result of subsequent discussions between the parties. Section 1.06 Schedules A to D form part of this Agreement. ARTICLE TWO DEFINITIONS Section 2.01 In this Agreement, i) "Director" means the Director of the Department of Public Health & Emergency Services for County of Oxford. ii) "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 capacity of less than 10,000 litres which is not owned and operated by the Crown, a municipality, or an organization acceptable to the Director responsible for issuing a Certificate of Approval under the Water Resources Act. iii) "Inspector" means an inspector appointed under the Building Code Act, 1992, as amended; and Section 5.01 of this Agreement. ARTICLE THREE SERVICES OF PUBLIC HEALTH Section 3.01 Services: Public Health shall provide the following services in relation to the Lands: i) Must carry out an inspection of 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) Inspection of properties prior to the issuance of a permit for the construction, installation, establishment, enlargement, extension or alteration of a Sewage System. 3 iii) Following the issuance of a permit, inspection, and reinspection when necessary, of Sewage System installations to ascertain compliance with the permit and other requirements under the Act or Building Code. iv) Maintenance inspections pursuant to a mandatory maintenance inspection program to ascertain compliance with the standards prescribed under the Act. v) 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 of official plans, zoning by-laws, and amendments to ensure compliance with provisions of the Act and Building Code relating to Sewage Systems. vi) Issue permits under the Act and Building Code relating to Sewage Systems (a Permit"). vii) Receive and process applications and requests related to activities listed in paragraphs (i) through (v) 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 the Municipal Council and its committees to discuss matters relating to any provisions of the Act or Building Code relating to Sewage Systems. xi) Maintain adequate records of all documents and other materials used in performing the duties required under this Agreement. xii) Upon reasonable notice by the Municipality, provide reasonable access to the Municipality of all records kept under Part 8 of the Building Code. xiii) Consult with various groups regarding compliance with provisions of the Act and Building Code relating to Sewage Systems. xiv) Facilitate responses to inquiries relative to Sewage System records made by any person under the Freedom of Information and Protection of Privacy Act and related Regulations, as amended from time to time, or through any other legal channel, in consultation with the Legislative Services Coordinator for the County of Oxford. xv) 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. xvi) Issue orders under the Act relating to Sewage Systems. xvii) 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. xviii) Public Health shall provide all forms necessary for the administration of this Agreement. xix) Any other matters related to the administration or enforcement of the Act or Building Code relating to Sewage Systems. xx) Public Health, for the purposes of the administration and enforcement of the Act and the Regulations and for carrying out the powers and duties under the Act, shall collect statistical and other information and keep such records in accordance with the provisions of the County of Oxford's Records Retention By-law. The Municipality may require information from Public Health concerning the administration of the Act and Regulations as they pertain to Sewage Systems and statistical and other information relevant to the quality of the environment. Public Health will provide such information from time to time in a form stipulated by the Municipality to enable the Municipality to combine this data with data from other parts of the province. ARTICLE FOUR FEES Section 4.01 Collection of Fees: Public Health shall collect and retain all fees, as set out in Schedule A, payable by any person for work performed by Public Health hereunder as compensation for its services provided hereunder and all persons required to pay any such fee shall pay the fee to Public Health. Section 4.02 Amendment of Fee Schedule: Public Health shall have the sole discretion, acting reasonably, to amend the fees as set out in Schedule A from time to time and shall give notice to the Municipality of any such change. Section 4.03 The Municipality shall provide assistance, subject to availability of resources, with respect to prosecutions, appeals, and other matters that come before municipal tribunals or tribunals under the Act and Regulations. ARTICLE FIVE INSPECTORS Section 5.01 Oualifications: An Inspector must be qualified in accordance with the requirements of Section 15.11 of Act and only people meeting one of the following qualifications shall be employed by Public Health as an Inspector for the purposes of this Agreement: a) Certificate in Public Health Inspection b) Certified Engineering Technologist or equivalent. Section 5.02 Annointment: The Director shall be responsible for the appointment of all Inspectors and shall issue a certificate of appointment bearing his or her signature, or a facsimile of it, to each Inspector appointed by Public Health. ARTICLE SIX LIABILITIES AND INSURANCE Section 6.01 Liabilitv of Countv ofOxford: County of Oxford 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 Public Health in executing any work under this Agreement. Section 6.02 Insurance: For the term of this Agreement, County of Oxford will, at its expense, maintain liability insurance contracts of a nature, in the amounts, and containing the terms and conditions, ifany, it considers necessary. ARTICLE SEVEN TERM AND TERMINATION OF AGREEMENT Section 7.01 Term: This Agreement shall continue in force for a period of two years commencing April 9, 2018 and ending April 8, 2020. Section 7.02 Termination: Either party may terminate this Agreement upon 90 days written notification. ARTICLE EIGHT MISCELLANEOUS INN Section 8.01 Preamble: The preamble to this Agreement (the "Preamble") shall be deemed to form an integral part of the Agreement and the parties agree that recitals set out in the Preamble are true. 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: Subject to Section 8.04 a, this Agreement shall not be assignable by either party hereto without the written consent of the other party being first obtained. Section 8.05 Transfer of all RiLyhts and Obligations to Oxford Elain St. Thomas Board of Health: Notwithstanding section 8.04, both parties hereby acknowledge and agree that effective on the date upon which planned amendments to Regulation 553 ("Areas Comprising Health Units") under the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended, come into force, which amendments will bring into effect the merger of the Oxford County Board of Health and the Elgin St. Thomas Board of Health Board of Health through the establishment of the Board of Health for the Oxford Elgin St. Thomas Health Unit ("Oxford Elgin St. Thomas Board of Health"), all rights and obligations of the County of Oxford under this Agreement shall be transferred to the Oxford Elgin St. Thomas Board of Health. The parties further acknowledge and agree that as of that date all rights and obligations under this Agreement shall be legally binding upon the Municipality and the Oxford Elgin St. Thomas Board of Health. 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 Public Health: County of Oxford Public Health & Emergency Services 410 Buller Street Woodstock, Ontario N4S 4N2 Attention: Lynn Beath, Director of Public Health & Emergency Services b) To the Municipality: The Corporation of TOWN OF TILLSONBURG Attention: 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, ifmailed 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. 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. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day of ,2018. COUNTY OF OXFORD Peter M. Crockett, P.Eng., Chief Administrative Officer Lynn Beath, Director of Public Health and Emergency Services Fhen ORAT OF THE TOWN OF TILLSONBURG olnar, Mayor Danita Viii -son, C-terk SCHEDULE "A" Sewage System Management Agreement Fee Structure Sewage Svstem Building Permit Categories A. Daily Sewage Flow not exceeding 10,000 Litres /day (Class 4, 5) 795.00 B. Class 2 System (Leaching Pit) 250.00 C. Class 3 System (Cesspool) 250.00 D. Class 4 - Tank replacement 250.00 E. Leaching bed material alteration or repair 550.00 F. Change of Use Permit 340.00 G. Performance Level Review (file and site inspection) 227.00 + HST H. Site Review Assessment (site inspection) 100.00 + HST Land Control Reviews I. Subdivision (per lot to maximum $1,500.00) $100.00 J. Severance/Minor Variance/Zoning (per lot) $125.00 Services K. File Search $170.00 L. Urgent File Search (Mortgage Appraisal less than 2 weeks) K + $50.00 Mandatory Maintenance Inspection Program M. Phase I - Maintenance $ 175.00 N. Phase II - Maintenance Inspection $ 175.00 Schedule of Fees --2018-2020 Permit Category 2018* 2019 2020** A 795 810 825 D 250 300 300 as of April 9t', 2018 Ends April 8"', 2020 W SCHEDULE "B" Forms Form 1 Application for Sewage System Building Permit i. Plans and Specifications for a Sewage System ii. Application for a Permit to Construct or Demolish iii. Worksheet A: Daily Sewage Flow Calculation iv. Worksheet B: Fixture Unit Count V. Worksheet C: Site Plan Evaluation vi. Worksheet D: Leaching Bed Calculations vii. Worksheet E: Cross Sectional Drawings viii. Declaration of Soil Analysis —Native Soil ix. Leaching Bed Fill Certification X. Agent Authorization Form 2 Application for Performance Level Review and Change of Use Permit Form 3 Site Review Assessment (Site Inspection) Form 4 Notice of Completion Form 5 Orders (various types) 10.... SCHEDULE "C" List of Plans or Working Drawing to accompany applications for permits 1) The Site Plan 2) Sewage System Drawing 3) Soils Report or Percolation Results Report 4) Leaching Bed Fill Certification SCHEDULE "D" Refunds Status of Permit Annlication 1) Application filed. No processing or review of plans submitted 2) Application filed. Plans reviewed and permit issued 3) Additional deduction for each field inspection that had been performed 4) Permits valued at less than $100.00 Percentage of Fees Eligible for Refund 80% 60% 30% 0% Note: Percentages shown are examples only and are not intended to be representative 12....