Sanitary Surcharge and Wastewater Abatement By-law No. 03-272
Hamilton, Ontario
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Authority:
Item
Hearings Sub-Committee
Report 03-031
(a))
CM: September 24, 2003
Bill No.
OF HAMILTON
BY-LAW NO.
To Impose Fees and Charges Respecting the Use of the City of Hamilton
Sanitary Sewage System and to Implementa Wastewater Abatement Program
WHEREAS pursuant to Section 391 of the Municipal Act, 2001, as amended, the City
of Hamilton may pass by-laws imposing fees or charges on any class of persons for
services or activities provided or done by or On behalf of it;
AND WHEREAS
By-law No. 2-75 was passed and enacted by the former Regional
Municipality of Hamilton-Wentworth on January 21, 1975, being a by-law to impose
and collect a sanitary surcharge on the water rate to cover the cost of the
establishment, construction, maintenance, operation and financing of the sanitary
sewage system of the former Regional Municipality of Hamilton-Wentworth, and has
been amended on numerous occasions;
AND WHEREAS at its meeting on December 11, 2002, the Council of the City of
Hamilton approved of Item 7 of Hearings Sub-Committee Report 02-040 and thereby
authorized a wastewater abatement program commencing on January 1, 2003;
AND WHEREAS at its meeting of September 24, 2003, the Council of the City of
Hamilton approved of Item 1 of Hearings Subcommittee Report 03-031 and thereby
authorized this consolidated by-law to impose fees and charges consisting of a
sanitary surcharge on the water rate, and to thereby repeal By-law No. 2-75, as
amended, as well as to implement the wastewater abatement program and impose
administration fees and charges related to the wastewater abatement program;
2
AND WHEREAS a public meeting was held on September 24, 2003 and prior to the
passing of this by-law, in accordance with the provisions of Ontario Regulation
made under the MunicipalAct, 2001.
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
Definitions
In this By-law,
"Abatement" means a credit on the Sanitary Surcharge amount paid by
the Consumer, as approved by the City under the wastewater abatement
program described in this By-law;
"Annual Administration Fee" has the meaning assigned in sub-section
of this By-law;
"Application" has the meaning assigned in section
of this By-law;
'City" means the City of Hamilton;
"combined sewer'' means a sewer intended to function simultaneously as
a storm sewer and a sanitary sewer;
"Commercial" means of or pertaining to retail and wholesale sales of
manufactured goods and/or services;
"Consumer" means either a Commercial or Industrial ratepayer who is
responsible under the Waterworks By-law and this By-law for paying
and charges respecting water supplied by the City of Hamilton and
wastewater services provided by the City of Hamilton;
"Director" shall mean the Director of Water and Wastewater, Public
Works Department, for the City of Hamilton, the person duly authorized
to act in his or her stead, or his or her successor;
3
"General Manager of Corporate Services" means the General Manager
of the Corporate Services Department for the City of Hamilton, the
person duly authorized to act in his or her stead, or his or her successor;
"General Manager of Public Works" means the General Manager of the
Public Works Department for the City of Hamilton, the person duly
authorized to act in his or her stead, or his or her successor;
(k)
"Industrial" means of or pertaining to the manufacturing, producing or
processing of anything, or the research or development in connection
with the manufacturing, producing or processing of anything;
(I)
"Initial Application Processing Fee" has the meaning assigned in section
of this By-law;
(m)
"sanitary sewage system" means,
(i)
the
buildings,
structures,
plant,
machinery,
equipment,
appurtenances, devices, cond u its, outlets, underground pipelines
and installations, and other works designated for the collection
and treatment of sanitary sewage by the City, and
(ii)
includes lands appropriated for such purposes and uses;
(n)
"sanitary sewage works'' means,
(i)
all sanitary sewers, sanitary sewer systems, pumping stations,
sewage treatment plants, and
(ii)
includes combined sewers, sanitary private drains and other
works for the collection, acceptance, transmission, treatment and
disposal of sanitary sewage;
4
"Sanitary Surcharge" means a charge payable by owners or occupants
of lands who are connected to the sanitary sewage systems of the City in
respect of the following matters:
(i)
the cost of the operation and maintenance of the sanitary sewage
works and includes a charge for deferred maintenance or a
reserve fund for any purpose; and
the capital cost of sanitary sewage works which includes debt
charges but does not include,
1. any existing frontage and connection charges imposed upon
the owners or occupants of lands, other than the City, under
any provision of any other City by-law, and
2. the cost of new local sanitary sewers up to and including
diameter, and of private drains which are to be charged
against the owners or occupants of lands, other than the City,
under any provision
any other City by-law;
(p)
"Sewer Use
means By-law R89-049 of the City of Hamilton, as
amended or replaced from time to time;
"Supplementary Application Fee'' has the meaning assigned in section
11 of this By-law;
(r)
"water rate" means the fees and charges established by the City of
Hamilton under By-law R84-026, as amended or replaced from time to
time; and
(s)
"Waterworks By-law" means By-law R84-026 of the City of Hamilton, as
amended or replaced from time to time.
5
Administration and Enforcement of Fees and Charges
2.
(a)
The General Manager of Corporate Services, or any other body acting
on behalf of the General Manager of Corporate Services under an
agreement with the City of Hamilton, is responsible, except as otherwise
provided in this By-law, for the billing and collection of the fees and
charges imposed under the provisions of this By-law.
The Director is to furnish to the General Manager of Corporate Services
quarter-yearly in January, April, July and October, not later than the
day of each of the said months, with a list of all streets and parts of
streets and other places where yard sewers and private drains have
been connected to a City sanitary sewer or combined sewer during the
immediately preceding three (3) calendar months.
San ita Su rcha
3.
The owners and occupants of all lands within the geographic area of the City
who are connected to the sanitary sewage systems of the City are
to pay
fees and charges in accordance with the provisions of this By-law, consisting of
a Sanitary Surcharge, based on the percentage of the water rates of the City as
set forth in Schedule "A" to this By-law.
Liability for Surcharge based Non-Metered Water Rates
4.
Where there is a non-metered water rate imposed by the Waterworks By-law
for the whole or any part of the City, then the Sanitary Surcharge shall be
calculated based on the percentage as set forth in Schedule
to this By-law,
of that non-metered water rate whether that rate is derived from an assessment
base or is a flat rate.
6
Liabilitv for surcharge Based on Metered Water Rates
Where there is a metered water rate imposed by the Waterworks By-law
for the whole or any part of the City, then the Sanitary Surcharge shall be
calculated based on the percentage as set forth in Schedule " Ato this
By-law, of that metered water rate.
The Sanitary Surcharge determined under section 4 and sub-section
of this By-law is to be added to the same bills sent to an owner and/
or occupant of lands for metered or non-metered water, as applicable,
under the Waterworks By-law.
Where a water meter fails to record properly, or where the meter-reader
is unable to obtain a reading, the person or persons liable to pay the
Sanitary Surcharge based on metered water rates are liable to pay such
Sanitary Surcharge on the water rate for an amount of water estimated
on the basis of a corresponding period in the immediately preceding
year, or, where the water user did not occupy the same property for the
same period during the corresponding period in the previous year, then
such person or persons are liable to pay such Sanitary Surcharge on the
water rate for an amount of water based on a similar period of the
current year, or, where that is not applicable, then the person or persons
are liable for such Sanitary Surcharge based on the applicable minimum
charge for water imposed by the City under the Waterworks By-law.
Should the General Manager of Corporate Services, or any other body
acting on behalf of the General Manager of Corporate Services under an
agreement with the City of Hamilton, subsequently receive the water
meter data on the amount of water actually supplied to the property by
the
City, the
amount billed to such person or
persons will be
subsequently adjusted to reflect the actual amount of water supplied to
the property and the person or persons shall be liable for the resulting
adjusted Sanitary Surcharge.
7
Unpaid Accounts
6.
Effective October 2, 2002, late payment charges for any overdue Sanitary
Surcharge accounts will be at the rate of 1.5% per month calculated daily on
any overdue balance.
7.
Where an account for the Sanitary Surcharge based on metered or
metered water rates remains unpaid
(a)
seven (7) calendar days after the due date set forth on the bill for the
Sanitary Surcharge, a notice of non-payment is to be sent by the
Manager of Corporate Services, or any other body acting on
behalf of the
Manager of Corporate Services under an agree-
ment with the City of Hamilton, by ordinary prepaid mail, and
(b)
twenty-eight (28) calendar days after the due date set forth on the bill for
the Sanitary Surcharge, a final verbal notice is to be given by the
General Manager of Corporate Services, or any other body acting on
behalf of the
General Manager of Corporate Services under an
agreement with the City of Hamilton, advising that if the account
continues unpaid for ninety (90) calendar days after the
due date
set forth on the bill
the Sanitary Surcharge,
(i)
the water may be turned off as set forth in sub-section 8 (a) of this
By-law, or
the arrears may be collected by a distress as set forth in sub-
section 8 (b) of this By-law, or
(iii)
the arrears may be added to the tax roll for the property
connected to the sanitary sewage systems of the City and
collected in the same manner as municipal taxes as set forth in
sub-section
of this By-law.
8
8.
Where an account for the Sanitary Surcharge based on metered or
metered water rates remains unpaid, the City may proceed in any or all of the
following ways:
(a)
The General Manager of Corporate Services may notify the General
Manager of Public Works of any bill remaining in arrears ninety (90)
calendar days after the due date set forth on the bill for the Sanitary
Surcharge, and upon receipt of such notification the General Manager of
Public Works may cause the water to be shut off and not turned on
again until payment is made of the outstanding bill for the Sanitary
Surcharge based on metered or non-metered water rates, plus a fee for
turning on the water in the amount set forth in the Waterworks By-law;
(b)
Accounts in arrears for a Sanitary Surcharge based on metered or
metered water rates may be collected by distress upon the goods and
chattels of the person or persons who is or are liable to pay the same, or
upon any goods and chattels in the possession of such person or
persons, wherever the same may be found in Ontario; or
the arrears of all accounts for the Sanitary Surcharge based on metered
or non-metered water rates which remain unpaid ninety (90) calendar
days after the due date set forth on the bill for the Sanitary Surcharge,
may be entered on the tax roll for the property connected to the sanitary
sewage systems of the City and collected in the same manner as
municipal taxes, and are subject to the same interest and penalties as
for taxes.
Within ten
calendar days after such action has been
taken, a written notice to that effect is to be sent by ordinary prepaid mail
by the General Manager of Corporate Services, or on his behalf, to the
owner of the property as set forth in the last revised assessment roll.
9.
9
The owner or occupant of lands within the City:
(a)
(b)
are to pay a Sanitary Surcharge as set forth in Schedule "A" attached to this By-
law, that is based on one (1) cubic metre (m3) per day, and are to be invoiced
for payment either monthly or bi-monthly by the General Manager of Corporate
Services or any other body acting on behalf of the General Manager of
Corporate Services under an agreement with the City of Hamilton.
which are connected to the City sanitary sewage system, but
which are not connected to the City's waterworks system,
Wastewater Abatement Program
10.
A Consumer may apply for an Abatement for a property by firstly submitting to
the Director an application in the form provided by the City (hereinafter referred
to as the "Application"), together with the non-retundable initial application
processing fee set out in Schedule
attached to this By-law (hereinafter
referred to as the "Initial Application Processing Fee").
Based on the
information contained in the Application, the Director will determine whether or
not the Consumer appears to qualify for an Abatement in accordance with the
provisions of this By-law and will then advise the Consumer whether or not the
Consumer may proceed to the second stage of the qualification process.
11.
Should the Director determine that the Consumer may proceed to the second
stage of the qualification process as set out in section 10 of this By-law, the
Director will advise the Consumer as to the fee required to complete the second
stage
of
the
qualification process (hereinafter referred to
as
the
"Supplementary Application Fee"). The Supplementary Application Fee
represents on a full cost-recovery basis the costs associated with a peer review
to be conducted by the City or its consultant, or both, of the Consumer's
engineering report noted below in order to determine if the Consumer will
actually qualify for an Abatement. Therefore prior to the final authorization of an
Abatement as set out in section 12 of this By-law, the Consumer shall, at its
sole expense, submit to the Director no later than six (6) months from the date
that the Director advises the Consumer it may proceed to the second stage of
the qualification process, the Supplementary Application Fee as well as a
detailed engineering report either certified by an independent licensed
professional engineer approved by the City, or certified by a licensed
professional engineer and verified by an independent licensed professional
engineer approved by the City, which report at a minimum must contain the
following information with respect to the previous calendar year:
water consuming
wastewater volumes not discharged to the City's sanitary sewer and
combined sewer systems;
a certification of the water balance for the Consumer's account, which
shall cover a minimum period of five (5) calendar days over a minimum
of three (3) separate occasions and shall include at least one balance
showing seasonal variation, including activities such as shutdowns;
sewer flow monitoring (if required by the Director);
data on the quality of wastewater discharge to the City's sanitary sewer
and combined sewer systems, where available;
water billings by the City;
quantity of products produced by the Consumer;
seasonal variations; and
other related information as required by the Director.
12.
No Consumer shall be entitled to an Abatement until such Abatement is
authorized by the Director and the General Manager of Corporate Services in
accordance with this By-law. However, once authorized, subject to sections 16
and 17 of this By-law, the Consumer shall be entitled to an Abatement
11
retroactive from January 1 of the calendar year of application. The Abatement
will be credited by the City on a quarterly basis on the same bill sent to an
owner or occupant of lands, or both, for metered or non-metered water, as
applicable, under the Waterworks By-law.
13.
To qualify for an Abatement, the volume of wastewater discharged by a
Consumer from its property to the City's sanitary sewer and combined sewer
systems in a calendar year must be at least 25% less than the measured
volume of all water supplied to the property from all sources, including but not
limited to water supplied by the City.
14.
For the purposes of calculating the volume of wastewater discharged by a
Consumer as set out in section 13 of this By-law, the amount of water or
wastewater that is discharged to a storm sewer which is routed to a City
wastewater treatment plant for treatment shall be deemed to be discharged to
the City's sanitary sewer and combined sewer systems.
15.
No Consumer is entitled to an Abatement on the Sanitary Surcharge solely
because the Consumer's property is exempt under the Assessmenf
R.S.O.
1990, Chapter A.31, as amended or replaced from time to time.
16.
No Consumer is entitled to an Abatement on the Sanitary Surcharge where the
Consumer's wastewater discharge is not in compliance with the City's Sewer
Use By-law. Any Abatement authorized in accordance with this By-law will only
be applied from the date that the Consumer's wastewater discharge comes into
compliance with the City's Sewer Use By-law, in the sole opinion of the
Director. Further any Abatement authorized in accordance with this By-law will
automatically terminate should the Consumer's wastewater discharge
subsequently become not in compliance with the City's Sewer Use By-law until
such date that the Consumer's wastewater discharge comes into compliance
with the City's Sewer Use By-law, in the sole opinion of the Director.
17.
No Consumer who is in arrears to the City with regard to payments for any
water supplied by the City, municipal property taxes, Sanitary Surcharge or
12
other fees and charges for the consumption of City water or the use of the
City's sanitary sewer
combined sewer systems, including but not limited
to any fees and charges imposed under the Sewer Use By-law, shall be entitled
to any Abatement as long as such arrears remain outstanding. Any Abatement
authorized in accordance with this By-law will only be applied from the date that
the Consumer's arrears have been paid in full.
Further any Abatement
authorized in accordance with this By-law will automatically terminate should
the Consumer subsequently become in arrears to the City with regard to any of
the matters noted above until such date that the Consumer's arrears have been
paid in full.
18.
That the Abatement for authorized Consumers shall be no more than 75% of
the calculated Sanitary Surcharge for the property for the applicable calendar
year.
19.
That the Abatement for a Consumer at a property with less than 100% of its
wastewater diverted from the City's
sewer system, be
calculated with an add-back adjustment of 33.33%to the volumetric charge so
that all ratepayers continue to pay an equal portion of the treatment costs
associated with inflow and infiltration.
20.
That the Abatement for authorized Consumers be phased in at 33.33%of the
maximum permitted Abatement in 2003, 66.66% of the maximum permitted
Abatement in 2004 and 100% of the maximum permitted Abatement in 2005,
and as more particularly set out in Schedule
to this By-law.
The City
reserves the right to discontinue or continue the wastewater abatement
program and associated Abatement at
any time and for
any reason
whatsoever.
21
The Consumer shall permit the City and its representatives to conduct an
inspection of the Consumer's property, at any reasonable time, to verify any
and all information in relation to the Application submitted by the Consumer
prior to any decision to authorize the Abatement and while any authorization to
provide an Abatement to the Consumer is in effect.
13
22.
Where a Consumer has been authorized to receive an Abatement for a
property in accordance with section 12 of this By-law, the Consumer shall
continue to receive an Abatement in accordance with this By-law provided that,
in addition to any other requirements contained in this By-law:
(a)
in each of the next three (3) subsequent calendar years after the year in
which the authorization of the Abatement has been given, the Consumer
submits to the Director, in a form and content satisfactory to the Director,
verification that the flow differential between the Consumer's wastewater
discharged to the City's sanitary sewer and combined sewer systems
and the amount of the water supplied by the City to the Consumer for the
previous calendar year continues to meet the requirements set out in this
By-law, by no later than the
day of February of each calendar year.
(b)
where the amount of the authorized Abatement to a Consumer in a
particular calendar year is calculated to be in excess of five hundred
dollars
or the actual Abatement provided to the Consumer in
a particular calendar year is in excess of five hundred dollars
the Consume: pays the annual administration fee set forth in Schedule
"B" to this By-law (hereinafter referred to as the "Annual Administrative
Fee").
In such circumstances, the Annual Administration Fee shall be
invoiced to and paid by the Consumer in quarterly installments on the
same bills sent to the Consumer respecting the Abatement credit.
However, where it is not known until after the first quarter of a particular
calendar year that the actual Abatement for a Consumer will be in
excess of five hundred dollars
the Annual Administration Fee
shall be invoiced to and paid by the Consumer over the remaining
quarters in the calendar year; and
(c)
the Consumer immediately notifies the Director of any change in the
amount of the flow differential between the Consumer's wastewater
discharge and the amount of water supplied to the property from all
sources, including but not limited to water supplied by the City, provided
14
that the Consumer continues to meet all of the requirements for an
Abatement as set out in this By-law.
Should the change cause the
Consumer to no longer meet all of the requirements for an Abatement as
set out in this By-law, the Abatement will automatically terminate.
23.
Any failure by a Consumer authorized to receive an Abatement to comply with
the requirements set out in section 22 of this By-law shall entitle the Director
and the General Manager of Corporate Services to revoke or suspend any
Abatement authorized for the Consumer pursuant to this By-law, and to require
the Consumer to pay the full Sanitary Surcharge from the date of such
revocation or suspension.
24.
An Abatement authorized in
with this By-law will automatically
terminate upon the changing of the owner or occupant of the property and the
new owner or occupant will be required to re-apply for an Abatement in
accordance with the provisions of this By-law, including but not limited to the
payment of all fees, unless in the opinion of the Director and the General
Manager of Corporate Services, the circumstances require otherwise.
25.
Should the Director and the General Manager of Corporate Services determine
at any time that the Consumer no longer meets all of the requirements for an
Abatement as set out in this By-law, the Director and the General Manager of
Corporate Services shall be entitled to revoke the Abatement.
26.
An Abatement authorized in accordance with section 12 of this By-law
automatically expires five (5) years from the date the authorized Abatement
comes into effect, unless otherwise terminated, revoked or suspended in
accordance with this By-law.
To determine eligibility to continue to receive an
Abatement, a Consumer must re-apply for an Abatement in accordance with
the provisions of this By-law, including but not limited to sections
and 11 of
this By-law. The provisions of this By-law shall apply to the re-application as
though the Consumer were applying for the first time for an Abatement, except
that the Consumer will only have to pay the Supplementary Application Fee and
not the InitialApplication Processing Fee.
Genera
fees and charges imposed in-this By-law shall constitute a debt of the
person to the City of Hamilton and if the debt, or any portion thereof, remains
unpaid after the due date established in this By-law, the unpaid amount may be
added to the tax roll for the person's property in the City of Hamilton connected
to the City's sanitary sewer or combined sewer system and collected in a like
manner as municipal taxes, including but not limited to the same interest and
penalties as for municipal taxes.
28.
29.
30.
31.
If a court of competent jurisdiction declares a part or the whole of any provision
of this By-law to be invalid or of no force and effect, the provision or part is
deemed severable from this By-law, and the remainder shall survive and be
applied and be enforced in accordance with its terms to the extent possible
under the law.
Schedules
and
attached hereto form part of this By-law and shall have
the same force and effect as if the provisions contained therein were contained
in the body of this By-law.
That By-law No. 2-75, as amended, is hereby repealed.
This By-law may be known and referred to as "The Sanitary Surcharge and
Wastewater Abatement By-law".
This By-law shall come into force and effect on the date of its passing and
enactment except that section 6 shall be deemed to have come into force and
effect on October 2, 2002.
PASSED
this
day of September, 2003.
16
SCHEDULE "A"
Sanitary Surcharge
The Sanitary Surcharge is calculated as 100% of the gross amount of the monthly or
bimonthly metered water or non-metered water rate.
17
SCHEDULE "B"
Wastewater Abatement Program
1.
(a)
InitialApplication Processing Fee
$100.00 plus applicable
(section 10)
(b)
Supplementary Application Fee
(section 11)
$300.00plus applicable
taxes and Full Cost
Recoveryfor peer review
(c)
Annual Administration Fee (where
annual Abatement exceeds $500.00
taxes
$400.00 plus applicable
2.
In determining whether a Consumer appears to qualify for an Abatement under
section
of this By-law,the Abatement shall be calculated in accordance with
the following formula, based on data from the calendar year prior to the year of
application for the Abatement:
A
B =
Annual Volume (m3)of Water Supplied to the Property from all sources
Annual Wastewater Diverted from the City's sanitary sewer and
combined sewer system (if B is less than 25% of A, the Applicant is
eligible for the Abatement; if B is greater than 75% of A, insert a value
equal to 75% of A)
Annual Wastewater Discharged to the City's sanitary sewer and
combined sewer system (C = A - B)
Infiltration and Inflow Add Back (D = C X 133%: add back adjustment of
33% to the volumetric charge so that all ratepayers continue to pay an
equal portion of the treatment costs associated with inflow and
infiltration)
C =
D =
= Wastewater Abatement in Percentage (before phase-in)
= Wastewater Abatement in Percentage (after phase-in)
Step 1:
Step 2:
Step 3:
Step 4:
D = C X 133%
=
A
=
X 33.3% (phase-in for 2003)
=
X 66.6% (phase-in for 2004)
=
X 100%
(phase-in for 2005)
18
3.
If an Abatement is authorized for a Consumer in accordance with this By-law,
the Abatement will be applied quarterly each year in accordance with the
following formula:
G =
H =
I =
Actual Volume (m3) of Water Supplied to the Property by the City during
the previous quarter
Volume (m3) of Water eligible for the Abatement during the previous
quarter
Sanitary Surcharge (for 2003, is $0.669 per cubic metre of water; for
2004 and 2005, will be in accordancewith the water and Sanitary
Surcharge rates annually determined by City Council)
Dollar Amount of Abatement for the billing period
=
Step 5:
Step 6:
The following By-laws amend By-law No. 03-272
04-320
To Amend the Sanitary Surcharge and Wastewater Abatement By-law
No. 03-272 and Implement the 2005 Fees and Charges
Passed by Council December 15, 2004
05-376
To Amend the Sanitary Surcharge and Wastewater Abatement By-law
No. 03-272 and Implement the 2006 Fees and Charges
Passed by Council December 14, 2005
06-344
To Amend the Sanitary Surcharge and Wastewater Abatement By-law
No. 03-272, as amended, and Implement the 2007 Fees and Charges
Passed by Council December 13, 2006
07-357
To Amend the Sanitary Surcharge and Wastewater Abatement By-law
No. 03-272, as amended, and Implement the 2008 Fees and Charges
Passed by Council December 12, 2007
08-086
To Amend the Sanitary Surcharge and Wastewater Abatement By-law
No. 03-272, as amended
Passed by Council April 23, 2008
08-300
To Amend the Sanitary Surcharge and Wastewater Abatement By-law
No. 03-272, as amended, and Implement the 2009 Fees and Charges
Passed by Council December 10, 2008
09-153
To Amend the Sanitary Surcharge and Wastewater Abatement By-law
No. 03-272, as amended, and Implement the Consecutive Estimated
Accounts Policy
Passed by Council July 9, 2009
09-261
To Amend the Sanitary Surcharge and Wastewater Abatement By-law
No. 03-272, as amended, and Implement the 2010 Fees and Charges
Passed by Council December 9, 2009
11-038
To Amend the Sanitary Surcharge and Wastewater Abatement By-law
No. 03-272, as amended, and Implement the 2011 Fees and Charges
Passed by Council January 26, 2011
11-312
To Amend the Sanitary Surcharge and Wastewater Abatement By-law
No. 03-272 and Implement the 2012 Fees and Charges
Passed by Council December 14, 2011
12-291
To Amend the Sanitary Surcharge and Wastewater Abatement By-law
No. 03-272 and Implement the 2013 Fees and Charges
Passed by Council December 12, 2012
13-211
To Amend the Sanitary Surcharge and Wastewater Abatement By-law
No. 03-272
Passed by Council August 16, 2013
13-323
To Amend the Sanitary Surcharge and Wastewater Abatement By-law
No. 03-272 and Implement the 2014 Fees and Charges
Passed by Council December 11, 2013
15-028
To Amend the Sanitary Surcharge and Wastewater Abatement By-law
No. 03-272 and Implement the 2015 Fees and Charges
Passed by Council January 22, 2015
15-281
To Amend the Sanitary Surcharge and Wastewater Abatement By-law
No. 03-272 and Implement the 2016 Fees and Charges
Passed by Council December 9, 2015
Authority: Item 1, Committee of the Whole
Report; 04-01 4
( FCSO415O/PWO4127)
CM: December 15,04
Bill No. 320
CITY OF HAMILTON
BY-LAW NO. 04-320
To Amend the Sanitary Surcharge and Wastewater
Abatement By-law 03-272 and Implement the 2005
Fees and Charges
WHEREAS on September 24, 2003 the Council of the City of Hamilton passed
and enacted By-law 03-272, known and referred to as "The Sanitary Surcharge
and Wastewater Abatement By-law";
AND WHEREAS pursuant to section 391 of the Municipal Act, 2001, S.O. 2001,
c. 25, as amended, a municipality may pass by-laws imposing fees or charges on
any class of persons for services or activities provided or done by or on behalf of
the municipality and for the use of the municipality's property, including property
under its control;
AND WHEREAS on the 15th day of December, 2004, the Council of the City of
Hamilton did approve of Item 1 of Committee of the Whole Report 04-014 and did
authorize the 2005 water and wastewater user fees and charges, including the
fees and charges set out herein;
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
1.
That Schedule "B" to By-law No. 03-272, as amended, is hereby repealed
and that Schedule "B" attached to this by-law be substituted therefore.
2.
That this by-law shall come into force and take effect as of January 1,
2005.
2
3.
In all other respects, the contents of By-law 03-272, as amended,
including but not limited to all other fees and charges therein, are hereby
confirmed as unchanged.
PASSED AND ENACTED this
day of December, 2004.
Mayor
3
SCHEDULE "B"
Wastewater Abatement Program
Initial Application Processing Fee
(Section 10)
taxes
$1 02.50 plus applicable
Supplementary Application Fee
(Section 11)
$307.50 plus applicable
taxes and Full Cost
Recovery for peer review
Annual Administration Fee (where
annual Abatement exceeds $500.00
taxes
-sub-section 22( b))
$41 0.00 plus applicable
2.
In determining whether a Consumer appears to qualify for an Abatement
under section 10 of this By-law, the Abatement shall be calculated in
accordance with the following formula, based on data from the calendar
year prior to the year of application for the Abatement:
A =
B =
Annual Volume (m3) of Water supplied to the Property from all
sources
Annual Wastewater Diverted from the City's sanitary sewer and
combined sewer system (if B is less than 25% of A, the Applicant is
not eligible for the Abatement; if B is greater than 75% of A, insert a
value equal to 75% of A)
C =
Annual Wastewater Discharged to the City's sanitary sewer and
combined sewer system (C = A - B)
D =
Infiltration and Inflow Add Back (D = C x 133%: add back
adjustment of 33% to the volumetric charge so that all ratepayers
continue to pay an equal portion of the treatment costs associated
with inflow and infiltration)
E% = Wastewater Abatement in Percentage (before phase in)
F% = Wastewater Abatement in Percentage (after phase in)
Step 1:
A - B = C
Step 2:
Step 3:
EYO=/A-D)XIOO
D = C x 133%
A
Step 4:
F% = E% x 33.3% (phase-in for 2003)
F% = E% x 66.6% (phase-in for 2004)
F% = E% x 100% (phase-in for 2005)
3.
If an Abatement is authorized for a Consumer in accordance with this By-
law, the Abatement will be applied quarterly each year in accordance with
the following formula:
4
G =
Actual Volume (m3) of Water Supplied to the Property by the City
during the previous quarter
H =
Volume (m3) of Water eligible for the Abatement during the
previous quarter
I =
Sanitary Surcharge (for 2003 is $0.669 per cubic meter of water; for
2004 is $0.733 per cubic meter of water; and for 2005 is $0.792 per
cubic meter of water)
Dollar Amount of Abatement for the billing period
$J =
Step 5:
G x F % = H
Step 6:
H x I = $ J
Authority: Item 1, Committee of the Whole
Report; 05-026 (FCSO51 24/PW05143)
CM: December 14,2005
Bill No. 376
CITY OF HAMILTON
BY-LAW NO. 05-376
To Amend the Sanitary Surcharge and Wastewater
Abatement By-law 03-272, as amended, and Implement the 2006
Fees and Charges
WHEREAS on September 24, 2003 the Council of the City of Hamilton passed
and enacted By-law 03-272, known and referred to as "The Sanitary Surcharge
and Wastewater Abatement By-law";
AND WHEREAS pursuant to section 391 of the Municipal Act, 2001, S.O. 2001,
c. 25, as amended, a municipality may pass by-laws imposing fees or charges on
any class of persons for services or activities provided or done by or on behalf of
the municipality and for the use of the municipality's property, including property
under its control:
AND WHEREAS on the 14th day of December, 2005, the Council of the City of
Hamilton did approve of Item 1 of Committee of the Whole Report 05-026 and did
authorize the 2006 water and wastewater user fees and charges, including the
fees and charges set out herein;
AND WHEREAS notice of the 2006 fees and charges set out herein has been
given in a form and in the manner and at the times that the Council considers
adequate and otherwise in accordance with the provisions of the said Municipal
Act, 2001;
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
1.
That Schedule "B" to By-law No. 03-272, as amended, is hereby repealed
and that Schedule "B" attached to this by-law be substituted therefor.
2.
That this by-law shall come into force and take effect as of January 1,
2006.
2
3.
In all other respects, the contents of By-law 03-272, as amended,
including but not limited to all other fees and charges therein, are hereby
confirmed as unchanged for 2006.
PASSED AND ENACTED this 14'h day of December, 2005. 5
y C erk
3
SCHEDULE "B"
Wastewater Abatement Program
1.
2.
3.
(a)
Initial Application Processing Fee
$1 04.55 F,JS applica
(Section 10)
taxes
e
(b)
Supplementary Application Fee
$31 3.65 plus applicable
(Section 11)
taxes and Full Cost
Recovery for peer review
(c)
Annual Administration Fee (where
$418.20 plus applicable
annual Abatement exceeds $500.00
taxes
-sub-section 22(b))
In determining whether a Consumer appears to qualify for an Abatement
under section 10 of this By-law, the Abatement shall be calculated in
accordance with the following formula, based on data from the calendar
year prior to the year of application for the Abatement:
A =
B =
Annual Volume (m3) of Water supplied to the Property from all
sources
Annual Wastewater Diverted from the City's sanitary sewer and
combined sewer system (if B is less than 25% of A, the Applicant is
not eligible for the Abatement; if B is greater than 75% of A, insert a
value equal to 75% of A)
C =
Annual Wastewater Discharged to the City's sanitary sewer and
combined sewer system (C = A - B)
D =
Infiltration and Inflow Add Back (D = C x 133%: add back
adjustment of 33% to the volumetric charge so that all ratepayers
continue to pay an equal portion of the treatment costs associated
with inflow and infiltration)
E% = Wastewater Abatement in Percentage (before phase in)
F% = Wastewater Abatement in Percentage (after phase in)
Step 1:
A - B = C
Step 3:
Step 2:
D = C x 133%
E% = /A - D) x 1 00
A
Step 4:
F% = E% x 33.3% (phase-in for 2003)
F% = E% x 66.6% (phase-in for 2004)
F% = E% x 100% (phase-in for 2005)
If an Abatement is authorized for a Consumer in accordance with this By-
law, the Abatement will be applied quarterly each year in accordance with
the following formula:
4
G =
Actual Volume (m3) of Water Supplied to the Property by the City
during the previous quarter
H =
Volume (m3) of Water eligible for the Abatement during the
previous quarter
I =
Sanitary Surcharge (for 2003 is $0.669 per cubic meter of water; for
2004 is $0.733 per cubic meter of water; for 2005 is $0.792 per
cubic meter of water; and for 2006 is $0.851 per cubic meter of
water)
$J = Dollar Amount of Abatement for the billing period
Step 5:
G x F % = H
Step 6:
H x I = $ J
Authority: Item 1, Committee of the Whole
Report; 06-023 (FCS060114/PWO6137)
CM: December 13, 2006
Bill No. 344
CITY OF HAMILTON
BY-LAW NO. 06-344
To Amend the Sanitary Surcharge and Wastewater
Abatement By-law 03-272, as amended, and Implement the 2007
Fees and Charges
WHEREAS on September 24, 2003, the Council of the City of Hamilton passed
and enacted By-law 03-272, known and referred to as "The Sanitary Surcharge
and Wastewater Abatement By-law";
AND WHEREAS pursuant to section 391 of the Municipal Act, 2001, S.O. 2001,
c. 25, as amended, a municipality may pass by-laws imposing fees or charges on
any class of persons for services or activities provided or done by or on behalf of
the municipality and for the use of the municipality's property, including property
under its control;
AND WHEREAS on the 13th day of December, 2006 the Council of the City of
Hamilton did approve of Item 1 of Committee of the Whole Report 06-023 and did
authorize the 2007 water and wastewater fees and charges, including the fees
and charges set out herein;
AND WHEREAS notice of the 2007 fees and charges set out herein has been
given in a form and in the manner and at the times that the Council considers
adequate and otherwise in accordance with the provisions of the said Municipal
Act, 2001.
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
1.
That Schedule "A" to By-law No. 03-272, as amended, is hereby repealed
and that Schedule "A" attached to this by-law be substituted therefor.
2
2.
That Schedule "B" to By-law No. 03-272, as amended, is hereby repealed
and that Schedule "B" attached to this by-law be substituted therefor.
3.
That this by-law shall come into force and take effect as of January 1,
2007.
4.
In all other respects, the contents of By-law 03-272, as amended,
including but not limited to all other fees and charges therein, are hereby
confirmed as unchanged for 2007.
PASSED AND ENACTED this 13th day of December, 2006.
1
MA OR
H-
3
SCHEDULE "A"
Sanitaw Surcharge
The Sanitary Surcharge is calculated as 100% of the gross amount of the
monthly or bi-monthly metered water or non-metered water rate.
4
SCHEDULE "B"
Wastewater Abatement Program
1.
(a)
Initial Application Processing Fee
$1 06.70 plus applicable
(Section 10)
taxes
(b)
Supplementary Application Fee
$31 9.91 plus applicable
taxes and full cost
recovery for peer review
(Section 11)
(c)
Annual Administration Fee (where
$426.60 plus applicable
annual Abatement exceeds $500.00
taxes
-sub-section 22(b))
2.
In determining whether a Consumer appears to qualify for an Abatement
under section 10 of this By-law, the Abatement shall be calculated in
accordance with the following formula, based on data from the calendar
year prior to the year of application for the Abatement:
A =
B =
C =
D =
Annual Volume (m3) of Water supplied to the Property from all
sources
Annual Wastewater Diverted from the City's sanitary sewer and
combined sewer system (if B is less than 25% of A, the Applicant is
not eligible for the Abatement; if B is greater than 75% of A, insert a
value equal to 75% of A)
Annual Wastewater Discharged to the City's sanitary sewer and
combined sewer system (C = A - B)
Infiltration and Inflow Add Back (D = C x 133%: add back
adjustment of 33% to the volumetric charge so that all ratepayers
continue to pay an equal portion of the treatment costs associated
with inflow and infiltration)
E% = Wastewater Abatement in Percentage (before phase in)
F% = Wastewater Abatement in Percentage (after phase in)
Step 1 :
A - B = C
Step 2:
Step 3:
D = C x 133%
Eo/o = /A - D) x 100
A
Step 4:
F% = E% x 33.3% (phase-in for 2003)
F% = E% x 66.6% (phase-in for 2004)
F% = E% x 100% (phase-in for 2005 and each calendar year
thereafter)
5
3.
If an Abatement is authorized for a Consumer in accordance with this By-
law, the Abatement will be applied quarterly each year in accordance with
the following formula:
G =
Actual Volume (m3) of Water Supplied to the Property by the City
during the previous quarter
H =
Volume (m3) of Water eligible for the Abatement during the
previous quarter
I =
Sanitary Surcharge (for 2003 is $0.669 per cubic meter of water; for
2004 is $0.733 per cubic meter of water; for 2005 is $0.792 per
cubic meter of water; for 2006 is $0.851 per cubic meter of water;
and for 2007 is $0.91 3 per cubic meter of water)
Dollar Amount of Abatement for the billing period
$J =
Step 5:
G x F% = H
Step 6:
H x I = $ J
Authority: Item 1, Committee of the Whole
Report; 07-036 (FCS07098/PWO7145)
CM: December 12,2007
Bill No. 357
CITY OF HAMILTON
BY-LAW NO. 07-357
To Amend The Sanitary Surcharge and Wastewater
Abatement By-law 03-272, as amended, and Implement the 2008
Fees and Charges
WHEREAS on September 24, 2003, the Council of the City of Hamilton passed
and enacted By-law 03-272, known and referred to as "The Sanitary Surcharge
and Wastewater Abatement By-law";
AND WHEREAS pursuant to section 391 of the Municipal Act, 2001, S.O. 2001,
c. 25, as amended, sections 9 and 10 of the said Act authorize a municipality to
pass by-laws imposing fees or charges for services or activities provided or done
by or on behalf of the municipality and for the use of the municipality's property,
including property under its control;
AND WHEREAS on the 12th day of December, 2007 the Council of the City of
Hamilton did approve of Item 1 of Committee of the Whole Report 07- 036 and
did authorize the 2008 water and wastewater fees and charges, including the
fees and charges set out herein;
AND WHEREAS notice of the 2008 fees and charges set out herein has been
given in a form and in the manner and at the times that the Council considers
adequate to give reasonable notice.
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
1.
Schedule "A" to By-law No. 03-272, as amended, is repealed and
Schedule "A" attached to this by-law is substituted therefor.
2.
Schedule "B" to By-law No. 03-272, as amended, is repealed and
Schedule "B" attached to this by-law is substituted therefor.
3.
This by-law shall come into force as of January 1, 2008.
2
4.
In all other respects, the contents of By-law 03-272, as amended, are
hereby confirmed as unchanged.
PASSED AND ENACTED this 12th day of December, 2007.
F r gd E i se n b e rg e r
Mayor
City Clerk
3
SCHEDULE "A"
Sa n ita rv S u rc ha rqe
The Sanitary Surcharge is calculated as 100% of the gross amount of the
monthly or bi-monthly metered water or non-metered water rate, plus applicable
taxes.
4
SCHEDULE "B"
Wastewater Abatement Proqram
Initial Application Processing Fee
(Section 10)
taxes
$1 08.83 plus applicable
Supplementary Application Fee
(Section 11)
$326.31 plus applicable
taxes and full cost
recovery for peer review
Annual Administration Fee (where
annual Abatement exceeds $500.00
taxes
-sub-section 22(b))
$435.13 plus applicable
2.
In determining whether a Consumer appears to qualify for an Abatement
under section 10 of this By-law, the Abatement shall be calculated in
accordance with the following formula, based on data from the calendar
year prior to the year of application for the Abatement:
A =
B =
C =
D =
Annual Volume (m3) of Water supplied to the Property from all
sources
Annual Wastewater Diverted from the City's sanitary sewer and
combined sewer system (if B is less than 25% of A, the Applicant is
not eligible for the Abatement; if B is greater than 75% of A, insert a
value equal to 75% of A)
Annual Wastewater Discharged to the City's sanitary sewer and
combined sewer system (C = A - B)
Infiltration and Inflow Add Back (D = C x 133%: add back
adjustment of 33% to the volumetric charge so that all ratepayers
continue to pay an equal portion of the treatment costs associated
with inflow and infiltration)
E% = Wastewater Abatement in Percentage (before phase in)
F% = Wastewater Abatement in Percentage (after phase in)
Step 1:
A - B = C
Step 3:
Step 2:
D = C x 133%
E% =/A - D) x 100
A
Step 4:
F% = E% x 33.3% (phase-in for 2003)
F% = E% x 66.6% (phase-in for 2004)
F% = E% x 100% (phase-in for 2005 and each calendar year
thereafter)
5
If an Abatement is authorized for a Consumer in accordance with this By-
law, the Abatement will be applied quarterly each year in accordance with
the following formula:
3.
G =
Actual Volume (m3)
of Water Supplied to the Property by the City
during the previous quarter
H =
Volume (m3) of Water eligible for the Abatement during the
previous quarter
I =
Sanitary Surcharge (for 2003 is $0.669 per cubic meter of water; for
2004 is $0.733 per cubic meter of water; for 2005 is $0.792 per
cubic meter of water; for 2006 is $0.851 per cubic meter of water;
for 2007 is $0.913 per cubic meter of water; for 2008 is $0.994 per
cubic meter of water)
Dollar Amount of Abatement for the billing period
$J =
Step 5:
G x F% = H
Step 6:
H x I = $ J
Authority: ltem 9, Audit and Administration
Committee Report; 07- 01 2
CM: October 24,2007
ltem 11, Audit and Administration
Committee Report 07-01 5
CM: December 12,2007
Bill No. 086
CITY OF HAMILTON
BY-LAW NO. 08-086
To Amend The Sanitary Surcharge and Wastewater
Abatement By-law 03-272, as amended.
WHEREAS on September 24, 2003, the Council of the City of Hamilton passed
and enacted By-law 03-272, known and referred to as "The Sanitary Surcharge
and Wastewater Abatement By-law";
AND WHEREAS on the 24th day of October, 2007, the Council of the City of
Hamilton did approve of ltem 9 of Audit and Administration Committee Report 07-
012 and did thereby approve the revised Water and Wastewater Arrears Policy
and the amendment of The Sanitary Surcharge and Wastewater Abatement By-
law, as amended, to reflect the City's current wastewater account collection
practices;
AND WHEREAS on the 12th day of December, 2007, the Council of the City of
Hamilton did approve of ltem 11 of Audit and Administration Committee Report
07- 015 and did thereby approve the Water Leak Adjustment Policy and the
amendment of The Sanitary Surcharge and Wastewater Abatement By-law, as
amended, to implement such policy
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
1.
Section 1 of By-law No. 03-272, as amended, is further amended by
adding the following new sub-section (d. I
) immediately after sub-section
I
(d):
(d.1) "City of Hamilton Water and Wastewater Arrears Policy" means the
policy approved by the Council of the City of Hamilton at its meeting
of October 24, 2007 as ltem 9(a) of Audit and Administration
Committee Report 07-012, as amended or re-enacted from time to
time, and any successor to such policy. This policy may be found
at the Office of the City Clerk for the City of Hamilton.
2.
Section 1 of By-law No. 03-272, as amended, is further amended by
adding the following new sub-section (d.2) immediately after sub-section
l(d.1):
(d.2) "City of Hamilton Water Leak Adjustment Policy1' means the policy
approved by the Council of the City of Hamilton at its meeting of
December 12, 2007 as Item I
l(a) of Audit and Administration
Committee Report 07-01 5, as amended or re-enacted from time to
time, and any successor to such policy. This policy may be found
at the Office of the City Clerk for the City of Hamilton.
3.
Section 5 of By-law No. 03-272, as amended, is further amended by
adding the following new sub-section 5(d) immediately after sub-section
5(c):
(d)
The owner or occupant of lands who are connected to the sanitary
sewage systems of the City shall immediately report to the City of
Hamilton any leaks that develop at the water meter or its couplings.
Where a leak has developed, the City of Hamilton Water Leak
Adjustment Policy may apply to provide adjustments to any
Sanitary Surcharge paid or payable in the circumstances specified
in the policy.
4.
Section 7 of By-law No. 03-272, as amended, is repealed and the
following new section 7 substituted:
7.
The City of Hamilton Water and Wastewater Arrears Policy will
apply to the collection of unpaid fees and charges consisting of the
Sanitary Surcharge.
5.
Section 8 of By-law No. 03-272, as amended, is repealed and the
following new section 8 substituted:
8.
Where an account for the Sanitary Surcharge based on metered or
non-metered water rates remains unpaid, the following provisions
apply:
(a)
The unpaid Sanitary Surcharge imposed by this By-law on a
person is a debt due to the City of Hamilton and the City of
Hamilton may take such action as it considers necessary
and as permitted by law to collect the debt.
(b)
Such unpaid amount may be added to the tax roll for the
property to which the City's sewage system is connected,
and collected in the same manner as municipal taxes.
(c)
Without limiting the provisions of sub-sections 8(a) and (b)
above, the City of Hamilton may shut off the supply of water
to a property if the fees or charges payable by the owners or
occupants of the property in respect of the Sanitary
Surcharge are overdue. The fees for turning off the water
and turning on the water, as set out in Schedule "En to the
Waterworks By-law, must also be paid to the City before the
water will be turned on again.
6.
Sections I,
4 and 5 of this by-law shall be deemed to have come into force
as of the 24th day of October, 2007.
7.
Sections 2 and 3 of this by-law shall be deemed to have come into force
as of the 12'~ day of December, 2007.
8.
In all other respects, the. contents of By-law 03-272, as amended, are
hereby confirmed as unchanged.
PASSED and ENACTED this 23rd day of April, 2008.
in C. Christenson
Mayor
City Clerk
Authority:
Item 9, Audit and Administration
Committee Report 09-008;
CM: May 13, 2009
Bil No. 153
CITY OF HAMILTON
BY-LAW NO. 09-153
To Amend The Sanitary Surcharge and Wastewater
Abatement By-law No. 03-272, as amended, and Implement the
Consecutive Estimated Accounts Policy
WHEREAS on September 24, 2003, the Council of the City of Hamilton passed
and enacted By-law No. 03-272, known and referred to as "The Sanitary
Surcharge and Wastewater Abatement By-law";
AND WHEREAS on the 13th day of May, 2009 the Council of the City of
Hamilton did approve of Item 9 of Audit and Administration Committee Report 09-
008 and did approve the Consecutive Estimated Accounts Policy described
therein;
AND WHEREAS it is necessary to amend The Sanitary Surcharge and
Wastewater Abatement By-law to implement the said Consecutive Estimated
Accounts Policy;
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
1.
Section 1 of By-law No. 03-272, as amended, is further amended by
adding the following new sub-section (d.3) immediately after sub-section
1(d.2):
(d.3) "City of Hamilton Water and Wastewater Consecutive Estimated
Accounts Policy" means the policy approved by the Council of the
City of Hamilon at its meeting of May 13, 2009 as Item 9 of the
Audit and Administration Committee Report 09-008, as amended or
re-enacted from time to time, and any successor to such policy.
This policy may be found at the Office of the City Clerk for the City
of Hamilton.
2.
To Amend The Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272, as amended, and Implement the Consecutive
Estimated Accounts Policy
Page 2 of 3
Sub-section (i) of section 1 of By-law No. 03-272, as amended, is repealed
and the following sub-section substituted:
(i)
"General Manager of Finance and Corporate Services" means the
General Manager of Finance and Corporate Services for the City of
Hamilton or the person duly authorized to act in his or her stead.
3.
All references in By-law No. 03-272, as amended, to the "General
Manager of Corporate Services" are amended by striking out each
reference and by substituting in each case "General Manager of Finance
and Corporate Services".
4.
Sub-section 5(c) of By-law No. 03-272, as amended, is repealed and the
following sub-section 5(c) substituted:
(c)
Where a water meter fails to record properly, the person or persons
liable to pay the Sanitary Surcharge based on metered water rates
are liable to pay such Sanitary Surcharge on the water rate for an
amount of water estimated on the basis of a corresponding period
in the immediately preceding year, or, where the water user did not
occupy the same property for the same period during the
corresponding period in the previous year, then such person or
persons are liable to pay such Sanitary Surcharge on the water rate
for an amount of water based on a similar period of the current
year, or where that is not applicable, then the person or persons
are liable for such Sanitary Surcharge based on the applicable
minimum charge for water imposed by the City under the
Waterworks By-law. Where the City is unable to obtain water meter
data for the actual amount of water supplied to a property, the
water user will be liable to pay the Sanitary Surcharge on the
metered or non-metered water rates for the estimated amounts of
water supplied to the property as set out in the City of Hamilton
Water and Wastewater Consecutive Estimated Accounts Policy.
Should the General Manager of Finance and Corporate Services,
or any other body acting on behalf of the General Manager of
Finance and Corporate Services under an agreement with the City,
subsequently receive the water meter data on the amount of water
actually supplied to the property by the City, the amount billed to
such person or persons will be subsequently adjusted to reflect the
actual amount of water supplied to the property, where such actual
amount is greater than the estimated amounts invoiced, and the
person or persons shall be liable for the resulting adjusted Sanitary
Surcharge on the adjusted water rate.
To Amend The Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272, as amended, and Implement the Consecutive
Estimated Accounts Policy
Page 3 of 3
5.
This by-law shall come into force on the day it is passed.
6.
In all other respects, the contents of By-law No. 03-272, as amended, are
hereby confirmed as unchanged.
PASSED AND ENACTED this 9th day of July, 2009.
~
Chad CoilinG Fre Eise('be(~ ~
i'.cting Mayor
.... ..~~
~nson
City Clerk
-
Authority:
Item 3, Committee of the Whole
Report 09-034 (FCS09102/PW09100)
CM: December 9, 2009 and
Item 11, Audit and Administration
Committee Report 09-012 ((FCS09058)
CM: September 9, 2009
Bill No. 261
CITY OF HAMILTON
BY-LAW NO. 09- 261
To Amend The Sanitary Surcharge and Wastewater
Abatement By-law No. 03-272, as amended, and Implement the 2010
Fees and Charges
WHEREAS on September 24, 2003, the Council of the City of Hamilton passed
and enacted By-law No. 03-272, known and referred to as "The Sanitary
Surcharge and Wastewater Abatement By-law";
AND WHEREAS pursuant to section 391 of the Municipal Act, 2001, S.O. 2001,
c. 25, as amended, sections 9 and 10 of the said Act authorize a municipality to
pass by-laws imposing fees or charges for services or activities provided or done
by or on behalf of the municipality and for the use of the municipality's property,
including property under its control;
AND WHEREAS on the 9th day of December, 2009 the Council of the City of
Hamilton did approve of Item 3 of Committee of the Whole Report 09-034 and did
authorize the 2010 water and wastewater fees and charges, including the fees
and charges set out herein;
AND WHEREAS notice of the 2010 fees and charges set out herein has been
given in accordance with the provisions of the City of Hamilton's Public Notice
Policy By-law No. 07-351;
AND WHEREAS on the 16th day of September, 2009, the Council of the City of
Hamilton did approve of Item 11 of Audit and Administration Committee Report
09-012 and did approve the Wastewater Abatement Program amendment
described herein.
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
,
Sub-section l(f) of By-law No. 03-272, as amended, is repealed and the
following substituted:
2
(f) "Commercial" means of or pertaining to retail and wholesale sales of
food grown on a farm, manufactured goods and/or services;"
2. Schedule "B" to By-law No. 03-272, as amended, is repealed and
Schedule "B" attached to this by-law is substituted therefor.
,
This by-law comes into force on January 1, 2010, except that section 1
shall be deemed to have come into force on September 16, 2009.
,
In all other respects, the contents of By-law No. 03-272, as amended, are
hereby confirmed as unchanged.
PASSED and ENACTED this 9th day of December, 2009.
Fr ger
Mayor
3
SCHEDULE "B"
Wastewater Abatement Proqram
(c) Annual Administration Fee (where $458.92 plus applicable
annual Abatement exceeds $500.00 taxes
-sub-section 22(b))
(b)
(a)
.
Initial Application Processing Fee
(Section 10)
$114.78 plus applicable
taxes
Supplementary Application Fee
(Section 11)
$344.15 plus applicable
taxes and full cost
recovery for peer review
,
.
In determining whether a Consumer appears to qualify for an Abatement
under section 10 of this By-law, the Abatement shall be calculated in
accordance with the following formula, based on data from the calendar
year prior to the year of application for the Abatement:
E% =
F% =
A = annual volume (m3) of water supplied to the property from all
sources
B = annual wastewater diverted from the City's sanitary sewer and
combined sewer system (if B is less than 25% of A, the Consumer
is not eligible for the Abatement; if B is greater than 75% of A,
insert a value equal to 75% of A)
C = annual wastewater discharged to the City's sanitary sewer and
combined sewer system (C = A - B)
D = infiltration and inflow add back (D = C x 133%: add back adjustment
of 33% to the volumetric charge so that all ratepayers continue to
pay an equal portion of the treatment costs associated with inflow
and infiltration)
wastewater Abatement in percentage (before phase in)
wastewater Abatement in percentage (after phase in)
Step 1:
Step 2:
Step 3:
Step 4:
A-B=C
D = C x 133%
E% = (A- D) x 100
A
F% = E% x 33.3% (phase-in for 2003)
F% = E% x 66.6% (phase-in for 2004)
F% = E% x 100% (phase-in for 2005 and each calendar year
thereafter)
If an Abatement is authorized for a Consumer in accordance with this By-
law, the Abatement will be applied quarterly each year in accordance with
the following formula:
e ,,..
H=
I=
$J=
4
actual volume (m3) of water supplied to the property by the
City during the previous quarter
volume (m3) of water eligible for the Abatement during the previous
quarter
Sanitary Surcharge (for 2010 is $1.0802 per cubic meter of water)
dollar amount of Abatement for the billing period
Step 5:
Step 6:
GxF%=H
Hxl=$J
Authority:
Item 3, General Issues Committee
Report 11-001 (FCS11009/PW11004)
CM: January 26, 2011
Bil No. 038
CITY OF HAMILTON
BY-LAW NO. 11-038
To Amend The Sanitary Surcharge and Wastewater
Abatement By-law No. 03-272, as amended, and Implement the 2011
Fees and Charges
WHEREAS on September 24, 2003, the Council of the City of Hamilton passed
and enacted By-law No. 03-272, known and referred to as "The Sanitary
Surcharge and Wastewater Abatement By-law";
AND WHEREAS pursuant to section 391 of the Municipal Act, 2001, S.D. 2001,
c. 25, as amended, sections 9 and 10 of the said Act authorize a municipality to
pass by-laws imposing fees or charges for services or activities provided or done
by or on behalf of the municipality and for the use of the municipality's property,
including property under its control;
AND WHEREAS on the 26th day of January, 2011 the Council of the City of
Hamilton did approve of Item 3 of General
Issues Committee Report 11-001 and
did authorize the 2011 water and wastewater fees and charges, including the
fees and charges set out herein;
AND WHEREAS notice of the 2011 fees and charges set out herein has been
given in accordance with the provisions of the City of Hamilton's Public Notice
Policy By-law No. 07-351;
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
1.
Schedule "B" to By-law No. 03-272, as amended, is repealed and
Schedule "B" attached to this by-law is substituted therefor.
2.
The fees and charges imposed by this by-law continue in force until
amended, repealed or replaced (by by-law or by a resolution of the
Council of the City of Hamilton confirmed by by-law) and for greater
certainty this includes continuing in force after December 31, 2011 until
amended, repealed or replaced.
To Amend The Sanitary Surcharge and Wastewater Abatement By-law
No. 03-272, as amended, and Implement the 2011 Fees and Charges
Page 2 of 4
3.
This by-law comes into force on the day it is passed.
4.
In all other respects, the contents of By-law No. 03-272, as amended, are
hereby confirmed as unchanged.
PASSED this 26th day of January, 2011.
To Amend The Sanitary Surcharge and Wastewater Abatement By-law
No. 03-272, as amended, and Implement the 2011 Fees and Charges
Page 3 of 4
SCHEDULE "B"
Wastewater Abatement Proqram
1.
(a)
Initial Application Processing Fee
$117.08 plus applicable
(Section 10)
taxes
(b)
Supplementary Application Fee
$351.03 plus applicable
(Section 11)
taxes and full cost
recovery for peer review
(c)
Annual Administration Fee (where
$468.10 plus applicable
annual Abatement exceeds $500.00
taxes
-sub-section 22(b))
2.
In determining whether a Consumer appears to qualify for an Abatement
under section 1 0 of this By-law, the Abatement shall be calculated in
accordance with the following formula, based on data from the calendar
year prior to the year of application for the Abatement:
A = annual volume (m3) of water supplied to the property from all
sources
B = annual wastewater diverted from the City's sanitary sewer and
combined sewer system (if B is less than 25% of A, the Consumer
is not eligible for the Abatement; if B is greater than 75% of A,
insert a value equal to 75% of A)
C = annual wastewater discharged to the City's sanitary sewer and
combined sewer system (C = A - B)
D = infiltration and inflow add back (D = C x 133%: add back adjustment
of 33% to the volumetric charge so that all ratepayers continue to
pay an equal portion of the treatment costs associated with inflow
and infiltration)
E% = wastewater Abatement in percentage (before phase in)
F% = wastewater Abatement in percentage (after phase in)
Step 1:
Step 2:
Step 3:
A-B=C
D = C x 133%
E% = (A - D) x 100
A
F% = E% x 33.3% (phase-in for 2003)
F% = E% x 66.6% (phase-in for 2004)
F% = E% x 100% (phase-in for 2005 and each calendar year
thereafter)
Step 4:
3.
To Amend The Sanitary Surcharge and Wastewater Abatement By-law
No. 03-272, as amended, and Implement the 2011 Fees and Charges
Page 4 of 4
If an Abatement is authorized for a Consumer in accordance with this By-
law, the Abatement will be applied quarterly each year in accordance with
the following formula:
G = actual volume (m3) of water supplied to the property by the City
during the previous quarter
H = volume (m3) of water eligible for the Abatement during the previous
quarter
I = Sanitary Surcharge (for 2011 is $1.126 per cubic meter of water)
$J = dollar amount of Abatement for the billing period
Step 5:
Step 6:
G x F% = H
H x i = $J
Authority:
Item 3, General Issues Committee
Report 11-035 (FCS11100/PW11086)
CM: December 14, 2011
Bill No. 312
CITY OF HAMILTON
BY-LAW NO. 11-312
To Amend The Sanitary Surcharge and Wastewater
Abatement By-law No. 03-272 and Implement the 2012
Fees and Charges
WHEREAS on September 24, 2003, the Council of the City of Hamilton passed
and enacted By-law No. 03-272, known and referred to as "The Sanitary
Surcharge and Wastewater Abatement By-law";
AND WHEREAS pursuant to section 391 of the Municipal Act, 2001, S.O. 2001,
c. 25, sections 9 and 10 of the said Act authorize a municipality to pass by-laws
imposing fees or charges for services or activities provided or done by or on
behalf of the municipality and for the use of the municipality's property, including
property under its control;
AND WHEREAS on the 14th day of December, 2011 the Council of the City of
Hamilton did approve of Item 3 of General Issues Committee Report 11-035 and
did authorize the 2012 water and wastewater fees and charges, including the
fees and charges set out herein;
AND WHEREAS notice of the 2012 fees and charges set out herein has been
given in accordance with the provisions of the City of Hamilton's Public Notice
Policy By-law No. 07-351;
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
1.
Section 20 of By-law No. 03-272 is deleted and replaced with the
following:
20.
That the Abatement for authorized Consumers be 100% of the
maximum permitted Abatement and as more particularly set out in
Schedule "B" to this By-law. The City reserves the right to
discontinue or continue the wastewater abatement program and
associated Abatement at any time and for any reason whatsoever.
2
,
Schedule "B" to By-law No. 03-272 is deleted and replaced with the new
Schedule "B" attached to this by-law.
,
The fees and charges imposed by this by-law continue in force until
amended, repealed or replaced (by by-law or by a resolution of the
Council of the City of Hamilton confirmed by by-law) and for greater
certainty this includes continuing in force after December 31, 2012 until
amended, repealed or replaced.
,
5.
This by-law comes into force on January 1, 2012.
In all other respects, the contents of By-law No. 03-272 are hereby
confirmed as unchanged.
PASSED this 14th day of December, 2011.
\
R.
Mayor
3
SCHEDULE "B"
Wastewater Abatement Program
1.
(a)
Initial Application Processing Fee
$119.65 plus applicable
(Section 10)
taxes
(b)
Supplementary Application Fee
$358.76 plus applicable
(Section 11)
taxes and full cost
recovery for peer review
(c)
Annual Administration Fee (where
$478.40 plus applicable
annual Abatement exceeds $500.00
taxes
-sub-section 22(b))
2.
In determining whether a Consumer appears to qualify for an Abatement
under section 10 of this By-law, the Abatement shall be calculated in
accordance with the following formula, based on data from the calendar
year prior to the year of application for the Abatement:
A =
annual volume (m3) of water supplied to the property from all
sources
B =
annual wastewater diverted from the City's sanitary sewer and
combined sewer system (if B is less than 25% of A, the Consumer
is not eligible for the Abatement; if B is greater than 75% of A,
insert a value equal to 75% of A)
C =
annual wastewater discharged to the City's sanitary sewer and
combined sewer system (C = A - B)
D =
infiltration and inflow add back (D = C x 133%: add back adjustment
of 33% to the volumetric charge so that all ratepayers continue to
pay an equal portion of the treatment costs associated with inflow
and infiltration)
E% = wastewater Abatement in percentage
Step 1:
A - B = C
Step 2:
D = C x 133%
Step 3:
E% = (A - D) x 100
A
3.
If an Abatement is authorized for a Consumer in accordance with this By-
law, the Abatement will be applied quarterly each year in accordance with
the following formula:
F =
actual volume (m3) of water supplied to the property by the City
during the previous quarter
4
G =
volume (m3) of water eligible for the Abatement during the previous
quarter
H=
Sanitary Surcharge (for 2012 is $1.174 per cubic meter of water)
$I = dollar amount of Abatement for the billing period
Step 4:
F x E% = H
Step 5:
G x H = $I
Authority:
Item 3, General Issues Committee
Report 12-031(a) (FCS12076/PW12085)
CM: December 12, 2012
Bill No. 291
CITY OF HAMILTON
BY-LAW NO. 12-291
To Amend The Sanitary Surcharge and Wastewater
Abatement By-law No. 03-272 and Implement the 2013
Fees and Charges
WHEREAS on September 24, 2003, the Council of the City of Hamilton passed
and enacted By-law No. 03-272, known and referred to as "The Sanitary
Surcharge and Wastewater Abatement By-law";
AND WHEREAS pursuant to sections 9 and 10 of the Municipal Act, 2001, S.O.
2001, c.25, a municipality may pass by-laws respecting public assets of the
municipality acquired for the purpose of exercising its authority under the said Act
or any other Act, and respecting services that the municipality considers
necessary or desirable for the public, including the provision of public utilities
such as water and sewage, as defined in the said Act;
AND WHEREAS pursuant to section 391 of the Municipal Act, 2001, S.O. 2001,
c. 25, sections 9 and 10 of the said Act authorize a municipality to pass by-laws
imposing fees or charges for services or activities provided or done by or on
behalf of the municipality and for the use of the municipality's property, including
property under its control;
AND WHEREAS on the 12t" day of December, 2012 the Council of the City of
Hamilton did approve of Item 3 of General Issues Committee Report 12-031(a)
and did authorize the 2013 water and wastewater fees and charges, including the
fees and charges set out herein;
AND WHEREAS notice of the 2013 fees and charges set out herein has been
given in accordance with the provisions of the City of Hamilton's Public Notice
Policy By-law No. 07-351;
NOW THEREFORE the Council of ihe City of Hamilton enacts as follows:
,
2.
Section 1 of By-law No. 03-272 is amended by deleting sub-section (o)
and by relettering the subsequent sub-sections accordingly.
Schedule "B" to By-law No. 03-272 is deleted and replaced with the new
Schedule "B" attached to this by-law.
To Amend The Sanitary Surcharge and Wastewater Abatement By-law No. 03-272
and Implement the 2013 Fees and Charges
Page 2 of 4
.
The fees and charges imposed by this by-law continue in force until
amended, repealed or replaced (by by-law or by a resolution of the
Council of the City of Hamilton confirmed by by-law) and for greater
certainty this includes continuing in force after December 31, 2013 until
amended, repealed or replaced.
,
This by-law comes into force on January 1,2013.
PASSED this 12th day of December, 2012.
R. :lna
Mayor
R.
To Amend The Sanitary Surcharge and Wastewater Abatement By-law No. 03-272
and Implement the 2013 Fees and Charges
Page 3 of 4
SCHEDULE "B"
Wastewater Abatement Proqram
.
(a) Initial Application Processing Fee $122.40 plus applicable
(Section 10) taxes
(b)
Supplementary.Application Fee
(Section 11)
$367.00 plus applicable
taxes and full cost
recovery for peer review
(c) Annual Administration Fee (where $489.40 plus applicable
annual Abatement exceeds $500.00 taxes
-sub-section 22(b))
.
In determining whether a Consumer appears to qualify for an Abatement
under section 10 of this By-law, the Abatement shall be calculated in
accordance with the following formula, based on data from the calendar
year prior to the year of application for the Abatement:
E% =
,
A = annual volume (m3) of water supplied to the property from all
sources
B = annual wastewater diverted from the City's sanitary sewer and
combined sewer system (if B is less than 25% of A, the Consumer
is not eligible for the Abatement; if B is greater than 75% of A,
insert a value equal to 75% of A)
C = annual wastewater discharged to the City's sanitary sewer and
combined sewer system (C = A - B)
D = infiltration and inflow add back (D = C x 133%: add back adjustment
of 33% to the volumetric charge so that all ratepayers continue to
pay an equal portion of the treatment costs associated with inflow
and infiltration)
wastewater Abatement in percentage
Step 1: A- B = C
Step 2: D = C x 133%
Step 3: E% = (A- D) x 100
A
If an Abatement is authorized for a Consumer in accordance with this By-
law, the Abatement will be applied quarterly each year in accordance with
the following formula:
F _,
actual volume (m3) of water supplied to the property by the City
during the previous quarter
To Amend The Sanitary Surcharge and Wastewater Abatement By-law No. 03-272
and Implement the 2013 Fees and Charges
Page 4 of 4
G ._
H=
$1 =
volume (m3) of water eligible for the Abatement during the previous
quarter
Sanitary Surcharge (for 2013 is $1.223 per cubic meter of water)
dollar amount of Abatement for the billing period
Step 4:
Step 5:
FxE%=G
GxH=$1
Authority:
Item 5, Public Works Committee
Report 13-009
CM: August 16, 2013
Bill No. 211
CITY OF HAMILTON
BY-LAW NO. 13-211
To Amend the Sanitary Surcharge and Wastewater
Abatement By-law No. 03-272
WHEREAS on September 24, 2003, the Council of the City of Hamilton passed
and enacted By-law No. 03-272, known and referred to as "The Sanitary
Surcharge and Wastewater Abatement By-law";
AND WHEREAS on the 13th day of February, 2013 the Council of the City of
Hamilton did approve of Item 2 of Public Works Committee Report 13-002 and
did direct that The Sanitary Surcharge and Wastewater Abatement By-law be
amended to reflect that the calculation used for determining potential eligibility for
the wastewater abatement program only include water provided from the
municipal water supply;
AND WHEREAS on the 16th day of August, 2013, the Council of the City of
Hamilton did approve of Item 5 of Public Works Committee Report 13-009 and
did direct that The Sanitary Surcharge and Wastewater Abatement By-law be
amended to reflect some additional technical and housekeeping amendments as
set out in this by-law;
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
1. Section 1 of By-law No. 03-272 is deleted and replaced with the new
Section 1 as follows:
Definitions
1. In this By-law,
2
"Abatement" means a credit on the Sanitary Surcharge amount paid by the
Consumer, as approved by the City under the wastewater abatement program
described in this By-law;
"Annual Administration Fee" has the meaning assigned in sub-section 22(b) of
this By-law;
"Application" has the meaning assigned in section 10 of this By-law;
"City" means the City of Hamilton;
"City of Hamilton Water and Wastewater Arrears Policy" means the policy
approved by the Council of the City of Hamilton at its meeting of October 24,
2007 as Item 9(a) of Audit and Administration Committee Report 07-012, as
amended or re-enacted from time to time, and any successor to such policy. This
policy may be found at the Office of the City Clerk for the City of Hamilton;
"City of Hamilton Water Leak Adjustment Policy" means the policy approved by
the Council of the City of Hamilton at its meeting of December 12, 2007 as Item
11(a) of Audit and Administration committee Report 07-015, as amended or re-
enacted from time to time, and any successor to such policy. This policy may be
found at the Office of the City Clerk for the City of Hamilton;
"City of Hamilton Water and Wastewater Consecutive Estimated Accounts
Policy" means the policy approved by the Council of the City of Hamilton at its
meeting of May 13, 2009 as Item 9 of the Audit and Administration Committee
Report 09-008, as amended or re-enacted from time to time, and any successor
to such policy. This policy may be found at the Office of the City Clerk for the City
of Hamilton;
"combined sewer" means a sewer intended to function simultaneously as a storm
sewer and a sanitary sewer;
"Commercial" means of or pertaining to retail and wholesale sales of food grown
on a farm, manufactured goods and/or services;
"Consumer" means either a Commercial or Industrial ratepayer who is
responsible under the Waterworks By-law and this By-law for paying fees and
charges respecting water supplied by the City of Hamilton and wastewater
services provided by the City of Hamilton;
"Director" shall mean the Director of Hamilton Water, Public Works Department,
for the City of Hamilton, the person duly authorized to act in his or her stead, or
his or her successor;
"General Manager of Finance and Corporate Services" means the General
Manager of Finance and Corporate Services for the City or the persons the
General Manager may designate from time to time to act in his or her stead for
purposes of this By-law, or successor;
"General Manager of Public Works" means the General Manager of the Public
Works Department for the City or the persons the General Manager may
designate from time to time to act in his or her stead for purposes of this By-law,
or successor;
"Industrial" means of or pertaining to the manufacturing, producing or processing
of anything, or the research or development in connection with the
manufacturing, producing or processing of anything;
"Initial Application Processing Fee" has the meaning assigned in section 10 of
this By-law;
"potable water" means water that is fit for human consumption;
"potable water supply" means potable water supplied by the City;
"sanitary sewage system" means,
(i)
the buildings, structures, plant, machinery, equipment,
appurtenances, devices, conduits, outlets, underground pipelines
4
and installations, and other works designated for the collection and
treatment of sanitary sewage by the City, and
(ii) includes lands appropriated for such purposes and uses;
"sanitary sewage works" means,
(i) all sanitary sewers, sanitary sewer systems, pumping stations,
sewage treatment plants, and
includes combined sewers, sanitary private drains and other works
for the collection, acceptance, transmission, treatment and disposal
of sanitary sewage;
"Sewer Use By-law" means By-law R89-049 of the City of Hamilton, as
amended or replaced from time to time;
"stormwater" means water from rainfall or other natural precipitation or from the
melting of snow or ice or drainage from land or a watercourse;
"Supplementary Application Fee" has the meaning assigned in section 11 of this
By-law;
"water rate" means the fees and charges established by the City of Hamilton
under By-law R84-026; and
"Waterworks By-law" means By-law R84-026 of the City of Hamilton.
,
Section 11 of By-law No. 03-272 is amended by deleting subsections (a)
to (i) inclusive and replacing them with the new subsections (a) to (m) as
follows:
(a)
volume of incoming water to the property from all sources including
but not limited to private wells and reservoirs, stormwater, and
water from a watercourse such as a lake, harbour, stream, river,
pond or spring;
,
(b) volume of potable water purchased by the Consumer from the
potable water supply;
(c) volume of water discharged to a sanitary sewage works that was
purchased by the Consumer from the potable water supply;
(d) volume of water discharged to a sanitary sewage works that was
not purchased by the Consumer from the potable water supply;
(e) water consuming processes/products;
(f) wastewater volumes diverted from the City's sanitary sewage
works;
(g) a certification of the water balance for the Consumer's account,
which shall cover a minimum period of five calendar days over a
minimum of three separate occasions and shall include at least one
balance showing seasonal variation, including activities such as
shutdowns;
(h) sewer flow monitoring (if required by the Director);
(i) data on the quality of wastewater discharge to the City's sanitary
sewage works, where available;
(j) water billings by the City;
(k) quantity of products produced by the Consumer;
(I) seasonal variations; and
(m) other related information as required by the Director.
Section 13 of By-law No. 03-272 is deleted and replaced by the following
new Section 13:
13. To qualify for an Abatement, the volume of water that was sourced
from the potable water supply and diverted from the City's sanitary
sewage works in a calendar year must be at least 25% of the
measured volume of water purchased by the Consumer from the
potable water supply.
6
,
Section 14 of By-law No. 03-272 is deleted and replaced by the following
new Section 14:
14.
For the purposes of calculating the volume of water that was
sourced from the potable water supply and diverted from the City's
sanitary sewage works by a Consumer, as set out in section 13, the
amount of water or wastewater that is discharged to a storm sewer
which is routed to a City wastewater treatment plant for treatment
shall be deemed to not be diverted from the City's sanitary sewage
works.
,
Section 15 of By-law No. 03-272 is deleted and replaced by the following
new Section 15:
15. No Consumer is entitled to an Abatement:
(a) solely because the Consumer's property is'exempt under the
Assessment Act, R.S.O. 1990, Chapter A.31;
(b) to the extent the water supplied to the Consumer's property is
not purchased by the Consumer from the potable water supply;
or
(c) to the extent the water supplied to the Consumer's property is
purchased by the Consumer from the potable water supply and
that water is used for one or more of the following purposes:
(i) irrigation for ground maintenance on the Consumer's
property,
(ii) recreational activities on the Consumer's property, including
but not limited to the filling of a swimming pool, hot tub or
fountain;
(iii) cleaning, consumption or other uses which do not occur on
the Consumer's property.
.
Section 22 of By-law No. 03-272 is amended as follows:
(a) the word "potable" is added before the word "water" in the sixth line of
subsection 22(a); and
(b) the word "potable" is added before the word "water" in the fourth line of
subsection 22(c).
,
Schedule "B" to By-law No. 03-272 is deleted and replaced with the new
Schedule "B" attached to this by-law.
,
This by-law shall come into force on the date of its passing.
PASSED this 16th day of August, 2013.
R. Bratina / ÿ/ " " ÿ"
Mayor
R. Cÿ
Cle
SCHEDULE "B"
Wastewater Abatement Proqram
,
(a)
(c) Annual Administration Fee (where $489.40 plus applicable
annual Abatement exceeds $500.00 taxes
-sub-section 22(b))
(b)
Initial Application Processing Fee
(Section 10)
$122.40 plus applicable
taxes
Supplementary Application Fee
(Section 11)
$367.00 plus applicable
taxes and full cost
recovery for peer review
,
.
In determining whether a Consumer appears to qualify for an Abatement
under section 10 of this By-law, the Abatement shall be calculated in
accordance with the following formula, based on data from the calendar
year prior to the year of application for the Abatement:
E% =
A = annual volume (m3) of water supplied to the property from the
potable water supply
B = annual volume of water that was sourced from the potable water
supply and diverted from the City's sanitary sewage works (if B is
less than 25% of A, the Consumer is not eligible for the Abatement;
if B is greater than 75% of A, insert a value equal to 75% of A)
C = annual wastewater discharged to the City's sanitary sewer and
combined sewer system (C = A - B) or C=actual measured value
using sewer flow monitoring if required by the Director
D = infiltration and inflow add back (D = C x 133%: add back adjustment
of 33% to the volumetric charge so that all ratepayers continue to
pay an equal portion of the treatment costs associated with inflow
and infiltration)
wastewater Abatement in percentage
Step 1:
Step 2:
Step 3:
A - B = C; or C=actual measured value using sewer flow
monitoring if required by the Director
D = C x 133%
E% = (A- D) x 100
A
If an Abatement is authorized for a Consumer in accordance with this By-
law, the Abatement will be applied quarterly each year in accordance with
the following formula:
F ...,
G=
H=
$1=
actual volume (m3) of potable water supplied to the property by the
City during the previous quarter
volume (m3) of water eligible for the Abatement during the previous
quarter
Sanitary Surcharge (for 2013 is $1.223 per cubic meter of water)
dollar amount of Abatement for the billing period
Step 4:
Step 5:
FxE%=G
GxH=$1
Authority:
Item 2, General Issues Committee
Report 13-022(a)
CM: December 11,2013
Bill No. 323
CITY OF HAMILTON
BY-LAW NO. 13-323
To Amend The Sanitary Surcharge and Wastewater Abatement By-law No.
03-272 and ImpJement the 2014 Fees and Charges
WHEREAS on September 24, 2003, the Council of the City of Hamilton passed
and enacted By-law No. 03-272, known and referred to as "The Sanitary
Surcharge and Wastewater Abatement By-law";
AND WHEREAS pursuant to sections 9 and 10 of the Municipal Act, 2001, S.O.
2001, c.25, a municipality may pass by-laws respecting public assets of the
municipality acquired for the purpose of exercising its authority under the said
Act or any other Act, and respecting services that the municipality considers
necessary or desirable for the public, including the provision of public utilities
such as water and sewage, as defined in the said Act;
AND WHEREAS pursuant to section 391 of the Municipal Act, 2001, S.O. 2001,
c. 25, sections 9 and 10 of the said Act authorize a municipality to pass by-laws
imposing fees or charges for services or activities provided or done by or on
behalf of the municipality and for the use of the municipality's property, including
property under its control;
AND WHEREAS on the 11th day of December, 2013 the Council of the City of
Hamilton did approve of Item 2 of General Issues Committee Report 13-022(a)
and did authorize the 2014 fees and charges set out herein;
AND WHEREAS notice of the 2014 fees and charges set out herein has been
given in accordance with the provisions of the City of Hamilton's Public Notice
Policy By-law No. 07-351;
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
,
By-law No. 03-272 is amended by deleting the words "To Impose Fees
and Charges Respecting the Use of the City of Hamilton Sanitary
Sewage System and to Implement a Wastewater Abatement Program"
on the first page of the By-law prior to the preamble, and by substituting
therefor the words "To Impose Fees and Charges Respecting the Use of
the City of Hamilton Sanitary and Storm Sewage Systems and to
Implement a Wastewater Abatement Program.
,
,
,
,
The Preamble to By-law No. 03-272 is deleted and replaced with the
following new Preamble:
WHEREAS pursuant to section 391 Of the Municipal Act, 2001, S.O.
2001, c. 25, sections 9 and 10 of the said Act authorize a municipality to
pass by-laws imposing fees or charges for services or activities provided
or done by or on behalf of the municipality, including the provisions of
public utilities such as water and sewage, and for the use of the
municipality's property, including property under its control;
AND WHEREAS pursuant to section 391 of the Municipal Act, 2001,
S.O. 2001, c. 25, fees and charges may be imposed to recover costs
related to the establishment, construction, maintenance, operation and
financing of the City of Hamilton wastewater/storm system;
AND WHEREAS on September 24, 2003, the Council of the City of
Hamilton passed and enacted By-law No. 03-272, known and referred to
as "The Sanitary Surcharge and Wastewater Abatement By-law";
AND WHEREAS this by-law imposes fees and charges consisting of a
wastewater/storm rate, and implements the wastewater abatement
program;
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
By-law No. 03-272 is amended by deleting the words "Sanitary
Surcharge" and "sanitary surcharge" every time such words appear in the
By-law and by substituting therefor in each case the words
"wastewatedstorm fees and charges".
Section 1 of By-law No. 03-272 is amended by deleting the word "Initial" in
the definition of "Initial Application Processing Fee".
Section 1 of By-law No. 03-272 is amended by deleting the definition of
"Supplementary Application Fee".
3
,
Section 1 of By-law No. 03-272 is amended by adding the following
definition:
"wastewater/storm fees and charges" means the fees and charges set out
in Schedule "A" to this By-law.
,
,
10.
,
Section 3 of By-law No. 03-272 is deleted and replaced with the following
new section 3:
Wastewater/Storm Fees and Charqes
,
The owners and occupants of all lands within the geographic area
of the City who are connected to the sanitary sewage system of the
City are liable to pay wastewater/storm fees and charges in
accordance with the provisions of this By-law and as set forth in
Schedule "A" to this By-law.
Section 4 of By-law No. 03-272 is deleted and replaced with the following
new Section 4:
Liability for Wastewater/Storm Fees and Charqes where Non-Metered
Water Rates Apply
,
Where there is a non-metered water rate imposed by the
Waterworks By-law for the whole or any part of the City, then the
wastewater/storm fees and charges shall be the non-metered
annual wastewater/storm rate as set forth in Schedule "A" to this
By-law.
Subsection 5(a) of By-law No. 03-272 is deleted and replaced with the
following new subsection 5(a):
Liability for Wastewater/Storm Fees and Charqes on Metered Water
Rates
(a)
Where there is a metered water rate imposed by the Waterworks
By-law for the whole or any part of the City, then the
wastewater/storm fees and charges shall consist of a daily
wastewater/storm fixed charge and a wastewater/storm treatment
charge as set forth in Schedule "A" to this By-law.
Subsection 5(c) of By-law No. 03-272 is deleted and replaced with the
following new subsection 5(c):
(c)
Where a water meter fails to record properly, the person or persons
liable to pay wastewater/storm fees and charges are liable to pay:
4
(i) the daily wastewater/storm fixed charge, plus the
wastewatedstorm treatment charge calculated on an amount of
water estimated on the basis of a corresponding period in the
immediately preceding year; or
(ii) where the water user did not occupy the same property for the
same period during the corresponding period in the previous year,
the daily wastewater/storm fixed charge, plus the wastewater/storm
treatment charge calculated on an amount of water based on a
similar period of the current year; or
(iii) where the situation described in clause (ii) is not applicable,
the daily wastewater/storm fixed charge plus the wastewater/storm
treatment charge that is based on one cubic metre (m3) of water
consumption per day.
Where the City is unable to obtain water meter data for the actual
amount of water supplied to a property, the water user will be liable
to pay the daily wastewater/storm fixed charge plus the
wastewater/storm treatment charge for the estimated amounts of
water supplied to the property as set out in the City of Hamilton
Water and Wastewater Consecutive Estimated Accounts Policy.
Should the General Manager of Finance and Corporate Services,
or any other body acting on behalf of the General Manager of
Finance and Corporate Services under an agreement with the City,
subsequently receive the water meter data on the amount of water
actually supplied to the property by the City, the amount billed to
such person or persons will be subsequently adjusted to reflect the
actual amount of water supplied to the property, where such actual
amount is greater than the estimated amounts invoiced, and the
person or persons shall be liable for the resulting adjusted
wastewatedstorm treatment charge.
12.
11.
Section 8 of By-law No. 03-272 is amended by deleting the words in the
first two lines of the section and by substituting therefor the words "Where
an account for wastewater/storm fees and charges remains unpaid, the
following provisions apply:".
Section 9 of By-law No. 03-272 is deleted and replaced with the following
new Section 9:
9. The owner or occupant of lands within the City:
(a) which are connected to the City sanitary sewage system, but
(b) which are not connected to the City's waterworks system,
5
are to pay wastewater/storm fees and charges as set forth in
Schedule "A" to this By-law, consisting of a daily wastewater/storm
fixed charge, and a wastewater/storm treatment charge that is based
on one cubic metre (m3) of water consumption per day, and are to be
invoiced for payment bi-monthly, monthly or at any other time as
determined to be appropriate by the General Manager of Finance and
Corporate Services or by any other body acting on behalf of the
General Manager of Finance and Corporate Services under an
agreement with the City.
13.
Sections 10, 11 and 12 of By-law No. 03-272 are deleted and
replaced with the following new Sections 10, 11 and 12:
Wastewater Abatement Proqram
10. (a)
A Consumer may apply for an Abatement for a property by
submitting to the Director an application in the form provided
by the City (hereinafter referred to as the "Application"),
together with a non-refundable application processing fee as
set out in Schedule "B" to this By-law (hereinafter referred to
as the "Application Processing Fee").
(b)
Based on the information contained in the Application, the
Director will determine whether the Consumer is required to
obtain the services of a professional engineering consultant
to prepare and submit a report to the City as set out in
section 11.
(c)
Upon the Director advising the Consumer in writing that the
Consumer is required to obtain the services of a
professional engineering consultant, the Consumer shall, at
its sole expense, and no later than six months from the date
of the Director's written notice, submit a report to .the City as
set out in section 11, which report is either certified by:
(i)
(ii)
an independent professional engineer licensed in the
Province of Ontario; or
an in-house professional engineer licensed in the
Province of Ontario and verified through a peer
review conducted by an independent professional
engineer approved by the City and at the expense of
the Consumer.
(d)- Where the Consumer fails to submit the engineering report
to the City within the six month period referred to in
subsection (c), the Consumer's application will be deemed to
6
be rejected and the Consumer's Application Processing Fee
will be forfeited. Should the Consumer still wish to apply for
an Abatement, the Consumer will have to re-apply for the
Abatement by submitting a new application and a new
Application Processing Fee.
11. Where the Director requires the Consumer to obtain the services
of a professional engineering consultant, the report to be
submitted, shall, at a minimum, contain the following information
with respect to the previous twelve month period:
(a) volume of incoming water to the property from all sources
including but not limited to private wells and reservoirs,
stormwater, and water from a watercourse such as a lake,
harbour, stream, river, pond or spring;
(b) volume of potable water purchased by the Consumer from
the potable water supply;
(c) volume of water discharged to a sanitary sewage works that
was purchased by the Consumer from the potable water
supply;
(d) volume of water discharged to a sanitary sewage works that
was not purchased by the Consumer from the potable water
supply;
(e) water consuming processes/products;
(f) wastewater volumes diverted from the City's sanitary
sewage works;
(g) a certification of the water balance for the Consumer's
account, which shall cover a minimum period of five
calendar days over a minimum of three separate occasions
and shall include at least one balance showing seasonal
variation, including activities such as shutdowns;
(h) sewer flow monitoring (if required by the Director);
(i) data on the quality of wastewater discharge to the City's
sanitary sewage works, where available;
(j) water billings by the City;
(k) quantity of products produced by the Consumer;
7
(I) seasonal variations; and
(m) other related information as required by the Director.
12.
No Consumer shall be entitled to an Abatement until such
Abatement has been authorized by the Director and the General
Manager of Finance and Corporate Services in accordance with
this By-law. However, once authorized, subject to sections 16
and 17 of this By-law, the Consumer shall be entitled to an
Abatement retroactive from the date the Application was
submitted to the City. The Abatement will be credited by the City
on the same bill sent to the owner or occupant of lands, or both,
for metered or non-metered water, as applicable, under the
Waterworks By-law,
16.
18.
19.
17.
15.
14,
Section 18 of By-law No. 03-272 is deleted and replaced with the following
new section 18:
18. That the Abatement for authorized Consumers shall be no more than
75% of the calculated wastewater/storm treatment charge for the
property for the applicable calendar year.
Subsection 22(b) of By-law No. 03-272 is amended by deleting the words
"Annual Administrative Fee" that are in brackets in the sixth and seventh
lines of the subsection and by substituting therefor the words "Annual
Administration Fee".
Section 26 of By-law No. 03-272 is amended by deleting the words ",except
that the Consumer will only have to pay the Supplementary Application Fee
and not the Initial Application Processing Fee" from the end of the section.
Section 31 of By-law No. 03-272 is deleted and replaced with the following
new section 31:
31.
This By-law may be known and referred to as the
"Wastewater/Storm Fees and Charges and Wastewater Abatement
By-law."
Schedule "A" to By-law No. 03-272 is deleted and replaced with the new
Schedule "A" attached to this by-law.
Schedule "B" to By-law No. 03-272 is deleted and replaced with the new
Schedule "B" attached to this by-law.
8
20.
The fees and charges imposed by this by-law continue in force until
amended, repealed or replaced (by by-law or by a resolution of the Council
of the City of Hamilton confirmed by by-law) and for greater certainty this
includes continuing in force after December 31, 2014 until amended,
repealed or replaced.
21. This by-law comes into force on January 1, 2014.
PASSED this 1 lth day of December, 2013.
R,
Mayor
R,
SCHEDULE"A"
Wastewater/Storm Fees and Charges
I. Metered Water Customers
The WastewatedStorm Fees and Charges consist of a daily wastewater/storm
fixed charge and a wastewater/storm treatment charge.
A) Daily Wastewater/Storm Fixed Charge
The daily wastewater/storm fixed charge is not related to the direct costs
of consumption and are not dependent upon or related to the amount of
consumption incurred. The fixed charges are intended to offset the fixed
costs of maintaining the City's wastewater/storm sewage systems.
Wastewater/Storm
Meter Size Rate
15mm $ 0.29
16 mm $ 0.29
20 mm $ 0.29
25 mm $ 0.73
38 mm $ 1.45
50 mm $ 2.32
75 mm $ 4.64
100 mm $ 7.25
150 mm $14.50
200 mm $23.20
250 mm $33.35
300 mm $49.30
10'
Schedule "A " continued
B)
Wastewater/Storm Treatment Char,qe
Wastewatedstorm treatment charges are based on metered water
consumption and the cost of wastewater collection and treatment, and
stormwater management. Charges are on a per cubic meter basis at the
rates indicated in the table below. The total monthly wastewater/storm
treatment charge is the sum of usage in all blocks at the rate for each block:
Residential
Multi-Residential,
Commercial,
Institutional &
Industrial
Monthly Water Rate ($/m3) Rate ($/m3)
Consumption Consumption (m3)
Block
1 0-10 0.66 1.32
2 >10 1.32 1.32
II. Non-Metered Water Customers
The non-metered annual wastewater/storm rate is $467.60 per annum, plus
applicable taxes,
Note: The non-metered annual water rate for water supplied by the City of
Hamilton is $461.62 per annum, plus applicable taxes, for a combined total non-
metered water and wastewater/storm annual rate of $929.22 per annum, plus
applicable taxes.
11
SCHEDULE "B"
Wastewater Abatement Program
1.
(a)
Application Processing Fee
$374.50 plus applicable
(Section 10)
taxes and full cost
recovery for peer review, if
required by Director
(b)
Annual Administration Fee (where
$573.10 plus applicable
annual Abatement exceeds $500.00
taxes
-sub-section 22(b))
2.
In determining whether a Consumer appears to qualify for an Abatement
under section 10 of this By-law, the Abatement shall be calculated in
accordance with the following formula, based on data from the calendar
year prior to the year of application for the Abatement:
A = annual volume (m3) of water supplied to the property from the
potable water supply
B = annual volume of water that was sourced from the potable water
supply and diverted from the City's sanitary sewage works (if B is
less than 25% of A, the Consumer is not eligible for the Abatement;
if B is greater than 75% of A, insert a value equal to 75% of A)
C = annual wastewater discharged to the City's sanitary sewer and
combined sewer system (C = A - B) or C=actual measured value
using sewer flow monitoring if required by the Director
D = infiltration and inflow add back (D = C x 133%: add back
adjustment of 33% to the volumetric charge so that all ratepayers
continue to pay an equal portion of the treatment costs associated
with inflow and infiltration)
E% = wastewater Abatement in percentage
Step 1: A - B = C; or C=actual measured value using sewer flow
monitoring if required by the Director
Step 2: D = C x 133%
Step 3: E% = (A - D) x 100
A
12
Schedule "B" continued
3.
If an Abatement is authorized for a Consumer in accordance with this
By-law, the Abatement will be applied quarterly each year in accordance
with the following formula:
F =
actual volume (m3) of potable water supplied to the property by the
City during the previous quarter
G =
volume (m3) of water eligible for the Abatement during the previous
quarter
H=
wastewater/storm treatment charge (see Schedule "A" to this By-
law)
$I = dollar amount of Abatement for the billing period
Step 4:
F x E% = G
Step 5:
G x H = $I
Authority:
Item 7.4, Motion
(FCS15002)
CM: January 21, 2015
Bill No. 028
CiTY OF HAMILTON
BY-LAW NO. 15-028
To Amend the Sanitary Surcharge and Wastewater Abatement By-law No.
03-272 and Implement the 2015 Fees and Charges
WHEREAS on September 24, 2003, the Council of the City of Hamilton passed
and enacted By-law No. 03-272, known and referred to as "The Sanitary
Surcharge and Wastewater Abatement By-law";
AND WHEREAS pursuant to sections 9 and 10 of the MunicipalAct, 2001, S.O.
2001, c.25, a municipality may pass by-laws respecting public assets of the
municipality acquired for the purpose of exercising its authority under the said
Act or any other Act, and respecting services that the municipality considers
necessary or desirable for the Iÿublic, including the provision of public utilities
such as water and sewage, as defined in the said Act;
AND WHEREAS pursuant to section 391 of the Municipal Act, 2001, S.O. 2001,
c. 25, sections 9 and 10 of the said Act authorize a municipality to pass by-laws
imposing fees or charges for services or activities provided or done by or on
behalf of the municipality and for the use of the municipality's property, including
property under its control;
AND WHEREAS on the 21st day of January, 2015 the Council of the City of
Hamilton did approve of Item 8.1 of General Issues Committee Report 15-003
and did authorize the 2015 fees and charges set out herein;
AND WHEREAS notice of the 2015 fees and charges set out herein has been
given in accordance with the provisions of the City of Hamilton's Public Notice
Policy By-law No. 07-351;
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
.
Schedule "A" to By-law No. 03-272 is deleted and replaced with the new
Schedule "A" attached to this by-law.
,
Schedule "B" to By-law No. 03-272 is deleted and replaced with the new
Schedule "B" attached to this by-law.
To Amend the Sanitary Surcharge and Wastewater Abatement By-law No. 03-272 and
Implement the 2015 Fees and Charges
Page 2 of 6
,
The fees and charges imposed by this by-law continue in force until
amended, repealed or replaced (by by-law or by a resolution of the
Council of the City of Hamilton confirmed by by-law) and for greater
certainty this includes continuing in force after December 31, 2015 until
amended, repealed or replaced.
4ÿ
This by-law comes into force on January 22, 2015.
PASSED this 21st day of January, 2015.
Fred Eisenberger
Mayor City
To Amend the Sanitary Surcharge and Wastewater Abatement By-law No. 03-272 and
Implement the 2015 Fees and Charges
Page 3 of 6
SCHEDULE "A"
Wastewater/Storm Fees and Charqes
I. Metered Water Customers
The Wastewater/Storm Fees and Charges consist of a daily wastewater/storm
fixed charge and a wastewater/storm treatment charge.
A) Daily Wastewater/Storm Fixed Charqe
The daily wastewater/storm fixed charge is not related to the direct costs
of consumption and are not dependent upon or related to the amount of
consumption incurred. The fixed charges are intended to offset the fixed
costs of maintaining the City's wastewater/storm sewage systems.
Wastewater/Storm
Meter Size Rate
15mm $ 0.30
16 mm $ 0.30
20 mm $ 0.30
25 mm $ 0.75
38 mm $ 1.50
50 mm $ 2.40
75 mm $ 4.80
100 mm $ 7.50
150 mm $15.00
200 mm $24.00
250 mm $34.50
300 mm $51.00
To Amend the Sanitary Surcharge and Wastewater Abatement By-law No. 03-272 and
Implement the 2015 Fees and Charges
Page 4 of 6
Schedule ",4" continued
B)
Wastewater/Storm Treatment Charge
Wastewater/storm treatment charges are based on metered water
consumption and the cost of wastewater collection and treatment, and
stormwater management. Charges are on a per cubic meter basis at the
rates indicated in the table below. The total monthly wastewater/storm
treatment charge is the sum of usage in all blocks at the rate for each block:
Residential
Monthly Water Rate ($/m3)
Consumption Consumption (m3)
Block
1 0-10 0.71 1.41
2 >10 1.41 1.41
Multi-Residential,
Commercial,
Institutional &
Industrial
Rate ($/m3)
II. Non-Metered Water Customers
The non-metered annual wastewater/storm rate is $499.40 per annum, plus
applicable taxes,
Note: The non-metered annual water rate for water supplied by the City of
Hamilton is $472.20 per annum, plus applicable taxes, for a combined total non-
metered water and wastewater/storm annual rate of $971.60 per annum, plus
applicable taxes.
To Amend the Sanitary Surcharge and Wastewater Abatement By-law No. 03-272 and
Implement the 2015 Fees and Charges
Page 5 of 6
SCHEDULE "B"
Wastewater Abatement Program
1.
(a)
Application Processing Fee
$374.50 plus applicable
(Section 10)
taxes and full cost
recovery for peer review, if
required by Director
(b)
Annual Administration Fee (where
$586.60 plus applicable
annual Abatement exceeds $500.00
taxes
-sub-section 22(b))
2.
In determining whether a Consumer appears to qualify for an
Abatement under section 10 of this By-law, the Abatement shall be
calculated in accordance with the following formula, based on data from
the calendar year prior to the year of application for the Abatement:
A = annual volume (m3) of water supplied to the property from the
potable water supply
B = annual volume of water that was sourced from the potable water
supply and diverted from the City's sanitary sewage works (if B is
less than 25% of A, the Consumer is not eligible for the Abatement;
if B is greater than 75% of A, insert a value equal to 75% of A)
C = annual wastewater discharged to the City's sanitary sewer and
combined sewer system (C = A - B) or C=actual measured value
using sewer flow monitoring if required by the Director
D = infiltration and inflow add back (D = C x 133%: add back
adjustment of 33% to the volumetric charge so that all ratepayers
continue to pay an equal portion of the treatment costs associated
with inflow and infiltration)
E% = wastewater Abatement in percentage
Step 1: A - B = C; or C=actual measured value using sewer flow
monitoring if required by the Director
Step 2: D = C x 133%
Step 3: E% = (A - D) x 100
A
To Amend the Sanitary Surcharge and Wastewater Abatement By-law No. 03-272 and
Implement the 2015 Fees and Charges
Page 6 of 6
Schedule "B" continued
3.
If an Abatement is authorized for a Consumer in accordance with this By-
law, the Abatement will be applied quarterly each year in accordance with
the following formula:
F =
actual volume (m3) of potable water supplied to the property by the
City during the previous quarter
G =
volume (m3) of water eligible for the Abatement during the previous
quarter
H=
wastewater/storm treatment charge (see Schedule "A" to this By-
law)
$I = dollar amount of Abatement for the billing period
Step 4:
F x E% = G
Step 5:
G x H = $I
Authority:
Item 2, General Issues Committee
Report 15-024 (FCS15073)
CM: December 9, 2015
Bill No. 281
CITY OF HAMILTON
BY-LAW NO. 15-281
To Amend the Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2016 Fees and Charges
WHEREAS on September 24, 2003, the Council of the City of Hamilton passed
and enacted By-law No. 03-272, known and referred to as "The Sanitary
Surcharge and Wastewater Abatement By-law";
AND WHEREAS pursuant to sections 9 and 10 of the Municipal Act, 2001, S.O.
2001, c.25, a municipality may pass by-laws respecting public assets of the
municipality acquired for the purpose of exercising its authority under the said
Act or any other Act, and respecting services that the municipality considers
necessary or desirable for the public, including the provision of public utilities
such as water and sewage, as defined in the said Act;
AND WHEREAS pursuant to section 391 of the Municipal Act, 2001, S.O. 2001,
c. 25, sections 9 and 10 of the said Act authorize a municipality to pass by-laws
imposing fees or charges for services or activities provided or done by or on
behalf of the municipality and for the use of the municipality's property, including
property under its control;
AND WHEREAS on the 9th day of December, 2015 the Council of the City of
Hamilton did approve of Item 5.2 of General Issues Committee Report 15-024
and did authorize the 2016 fees and charges set out herein;
AND WHEREAS notice of the 2016 fees and charges set out herein has been
given in accordance with the provisions of the City of Hamilton's Public Notice
Policy By-law No. 07-351;
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
1. Schedule "A" to By-law No. 03-272 is deleted and replaced with the new
Schedule "A" attached to this by-law.
.
Schedule "B" to By-law No. 03-272 is deleted and replaced with the new
Schedule "B" attached to this by-law.
To Amend the Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2016 Fees and Charges
(Page 2 of 6)
,
The fees and charges imposed by this by-law continue in force until
amended, repealed or replaced (by by-law or by a resolution of the
Council of the City of Hamilton confirmed by by-law) and for greater
certainty this includes continuing in force after December 31, 2016 until
afnended, repealed or replaced.
,
This by-law comes into force on January 1, 2016.
PASSED this 9th day of December, 2015.
F'Eÿrnberger (,ÿ
To Amend the Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2016 Fees and Charges
(Page 3 of 6)
SCHEDULE "A"
Wastewater/Storm Fees and Charqes
I. Metered Water Customers
The Wastewater/Storm Fees and Charges consist of a daily wastewater/storm
fixed charge and a wastewater/storm treatment charge.
A) Daily Wastewater/Storm Fixed Charqe
The daily wastewater/storm fixed charge is not related to the direct costs
of consumption and are not dependent upon or related to the amount of
consumption incurred. The fixed charges are intendedto offset the fixed
costs of maintaining the City's wastewateristorm sewage systems.
Wastewater/Storm
Meter Size Rate
15mm $ 0.32
16 mm $ 0.32
20 mm $ 0.32
25 mm $ 0.80
38 mm $ 1.60
50 mm $ 2.56
75mm $ 5.12
100 mm $ 8.00
150 mm $16.00
200 mm $25.60
250 mm $36.80
300 mm $54.40
To Amend the Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2016 Fees and Charges
(Page 4 of 6)
Schedule "A" continued
B)
Wastewater/Storm Treatment Char.qe
Wastewater/storm treatment charges are based on metered water
consumption and the cost of wastewater collection and treatment, and
stormwater management. Charges are on a per cubic meter basis at the
rates indicated in the table below. The total monthly wastewater/storm
treatment charge is the sum of usage in all blocks at the rate for each block:
Residential
Monthly Water Rate ($/m3)
Consumption Consumption (m3)
Block
1 0-10 0.74 1.48
2 > 10 1.48 1.48
Multi-Residential,
Commercial,
Institutional &
Industrial
Rate ($/m3)
II. Non-Metered Water Customers
The non-metered annual wastewater/storm rate is $540.20 per annum, plus
applicable taxes,
Note: The non-metered annual water rate for water supplied by the City of
Hamilton is $503.70 per annum, plus applicable taxes, for a combined total non-
metered water and wastewater/storm annual rate of $1,043.90 per annum, plus
applicable taxes.
To Amend the Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2016 Fees and Charges
(Page 5 of 6)
SCHEDULE "B"
Wastewater Abatement Program
1.
(a)
Application Processing Fee
$374.50 plus applicable
(Section 10)
taxes and full cost
recovery for peer review, if
required by Director
(b)
Annual Administration Fee (where
$578.80 plus applicable
annual Abatement exceeds $500.00
taxes
-sub-section 22(b))
2.
In determining whether a Consumer appears to qualify for an Abatement
under section 10 of this By-law, the Abatement shall be calculated in
accordance with the following formula, based on data from the calendar
year prior to the year of application for the Abatement:
A = annual volume (m3) of water supplied to the property from the
potable water supply
B = annual volume of water that was sourced from the potable water
supply and diverted from the City's sanitary sewage works (if B is
less than 25% of A, the Consumer is not eligible for the Abatement;
if B is greater than 75% of A, insert a value equal to 75% of A)
C = annual wastewater discharged to the City's sanitary sewer and
combined sewer system (C = A - B) or C=actual measured value
using sewer flow monitoring if required by the Director
D = infiltration and inflow add back (D = C x 133%: add back
adjustment of 33% to the volumetric charge so that all ratepayers
continue to pay an equal portion of the treatment costs associated
with inflow and infiltration)
E% = wastewater Abatement in percentage
Step 1: A - B = C; or C=actual measured value using sewer flow
monitoring if required by the Director
Step 2: D = C x 133%
Step 3: E% = (A - D) x 100
A
To Amend the Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2016 Fees and Charges
(Page 6 of 6)
Schedule "B" continued
3.
If an Abatement is authorized for a Consumer in accordance with this By-
law, the Abatement will be applied quarterly each year in accordance with
the following formula:
F =
actual volume (m3) of potable water supplied to the property by the
City during the previous quarter
G =
volume (m3) of water eligible for the Abatement during the previous
quarter
H=
wastewater/storm treatment charge (see Schedule "A" to this By-
law)
$I = dollar amount of Abatement for the billing period
Step 4:
F x E% = G
Step 5:
G x H = $I
Authority: Item 2, General Issues Committee
Report 16-030 (FCS16079)
CM: December 14, 2016
Bill No. 321
CITY OF HAMILTON
BY-LAW NO. 16-321
To Amend the Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2017 Fees and Charges
WHEREAS on September 24, 2003, the Council of the City of Hamilton passed
and enacted By-law No. 03-272, known and referred to as "The Sanitary
Surcharge and Wastewater Abatement By-law";
AND WHEREAS pursuant to sections 9 and 10 of the Municipal Act, 2001, S.O.
2001, c.25, a municipality may pass by-laws respecting public assets of the
municipality acquired for the purpose of exercising its authority under the said
Act or any other Act, and respecting services that the municipality considers
necessary or desirable for the public, including the provision of public utilities
such as water and sewage, as defined in the said Act;
AND WHEREAS pursuant to section 391 of the Municipal Act, 2001, S.O. 2001,
c. 25, sections 9 and 10 of the said Act authorize a municipality to pass by-laws
imposing fees or charges for services or activities provided or done by or on
behalf of the municipality and for the use of the municipality's property, including
property under its control;
AND WHEREAS on the 14th day of December, 2016 the Council of the City of
Hamilton did approve of Item 2 of General Issues Committee Report 16-030 and
did authorize the 2017 fees and charges set out herein;
AND WHEREAS notice of the 2017 fees and charges set out herein has been
given in accordance with the provisions of the City of Hamilton's Public Notice
Policy By-law No. 07-351;
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
1.
Schedule "A" to By-law No. 03-272 is deleted and replaced with the new
Schedule "A" attached to this by-law.
To Amend The Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2017 Fees and Charges
(Page 2 of 6)
2.
Schedule "B" to By-law No. 03-272 is deleted and replaced with the new
Schedule "B" attached to this by-law.
3.
The fees and charges imposed by this by-law continue in force until
amended, repealed or replaced (by by-law or by a resolution of the
Council of the City of Hamilton confirmed by by-law) and for greater
certainty this includes continuing in force after December 31, 2017 until
amended, repealed or replaced.
4.
This by-law comes into force on January 1, 2017.
PASSED this 14th day of December, 2016.
__________________________
______________________________
F. Eisenberger
R. Caterini
Mayor
City Clerk
To Amend The Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2017 Fees and Charges
(Page 3 of 6)
SCHEDULE "A"
Wastewater/Storm Fees and Charges
I.
Metered Water Customers
The Wastewater/Storm Fees and Charges consist of a daily wastewater/storm
fixed charge and a wastewater/storm treatment charge.
A)
Daily Wastewater/Storm Fixed Charge
The daily wastewater/storm fixed charge is not related to the direct costs
of consumption and are not dependent upon or related to the amount of
consumption incurred. The fixed charges are intended to offset the fixed
costs of maintaining the City's wastewater/storm sewage systems.
Meter Size
Wastewater/Storm
Rate
15mm
$ 0.34
16 mm
$ 0.34
20 mm
$ 0.34
25 mm
$ 0.85
38 mm
$ 1.70
50 mm
$ 2.72
75 mm
$ 5.44
100 mm
$ 8.50
150 mm
$17.00
200 mm
$27.20
250 mm
$39.10
300 mm
$57.80
To Amend The Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2017 Fees and Charges
(Page 4 of 6)
Schedule "A" continued
B)
Wastewater/Storm Treatment Charges
Wastewater/storm treatment charges are based on metered water
consumption and the cost of wastewater collection and treatment, and
stormwater management. Charges are on a per cubic meter basis at the
rates indicated in the table below. The total monthly wastewater/storm
treatment charge is the sum of usage in all blocks at the rate for each block:
Residential
Multi-Residential,
Commercial,
Institutional &
Industrial
Consumption
Block
Monthly Water
Consumption (m3)
Rate ($/m3)
Rate ($/m3)
1
0-10
0.77
1.54
2
>10
1.54
1.54
II.
Non-Metered Water Customers
The non-metered annual wastewater/storm rate is $562.10 per annum, plus
applicable taxes,
Note: The non-metered annual water rate for water supplied by the City of
Hamilton is $521.95 per annum, plus applicable taxes, for a combined total non-
metered water and wastewater/storm annual rate of $1,084.05 per annum, plus
applicable taxes.
To Amend The Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2017 Fees and Charges
(Page 5 of 6)
SCHEDULE "B"
Wastewater Abatement Program
1.
(a)
Application Processing Fee
$374.50 plus applicable
(Section 10)
taxes and full cost
recovery for peer review, if
required by Director
(b)
Annual Administration Fee (where
$583.20 plus applicable
annual Abatement exceeds $500.00
taxes
-sub-section 22(b))
2.
In determining whether a Consumer appears to qualify for an Abatement
under section 10 of this By-law, the Abatement shall be calculated in
accordance with the following formula, based on data from the calendar
year prior to the year of application for the Abatement:
A =
annual volume (m3) of water supplied to the property from the
potable water supply
B =
annual volume of water that was sourced from the potable water
supply and diverted from the City's sanitary sewage works (if B is
less than 25% of A, the Consumer is not eligible for the Abatement;
if B is greater than 75% of A, insert a value equal to 75% of A)
C =
annual wastewater discharged to the City's sanitary sewer and
combined sewer system (C = A - B) or C = actual measured value
using sewer flow monitoring if required by the Director
D =
infiltration and inflow add back (D = C x 133%: add back
adjustment of 33% to the volumetric charge so that all ratepayers
continue to pay an equal portion of the treatment costs associated
with inflow and infiltration)
E% = wastewater Abatement in percentage
Step 1:
A - B = C; or C = actual measured value using sewer flow
monitoring if required by the Director
Step 2:
D = C x 133%
Step 3:
E% = (A - D) x 100
A
To Amend The Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2017 Fees and Charges
(Page 6 of 6)
Schedule "B" continued
3.
If an Abatement is authorized for a Consumer in accordance with this By-
law, the Abatement will be applied quarterly each year in accordance with
the following formula:
F =
actual volume (m3) of potable water supplied to the property by the
City during the previous quarter
G =
volume (m3) of water eligible for the Abatement during the previous
quarter
H=
wastewater/storm treatment charge (see Schedule "A" to this By-
law)
$I = dollar amount of Abatement for the billing period
Step 4:
F x E% = G
Step 5:
G x H = $I
Authority: Item 23, General Issues Committee
Report 16-032 (FSC16092)
CM: December 14, 2016
Wards: City Wide
Bill No. 051
CITY OF HAMILTON
BY-LAW NO. 17-051
To Amend the Sanitary Surcharge and Wastewater
Abatement By-law No. 03-272
WHEREAS on September 24, 2003, the Council of the City of Hamilton
passed By-law No. 03-272, known and referred to as "The Sanitary
Surcharge and Wastewater Abatement By-law";
AND WHEREAS on the 14th day of December, 2016, the Council of the City
of Hamilton approved Item 23 of General Issues Committee Report 16-032 to
amend By-law 03-272 to change from quarterly to monthly billing for all
customers of municipal wastewater/storm services.
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
1.
Section 9 of By-law 03-272, is amended by deleting the word "bi-
monthly," from the seventh line of the section.
2.
Subsection 22(b) of By-law 03-272, is deleted and replaced with the
following new subsection 22(b):
(b)
where the amount of the authorized Abatement to a Consumer
in a particular calendar year is calculated to be in excess of five
hundred dollars ($500.00), or the actual Abatement provided to
the Consumer in a particular calendar year is in excess of five
hundred dollars ($500.00), the Consumer pays the annual
administration fee set forth in Schedule "B" to this By-law
(hereinafter referred to as the "Annual Administration Fee"). In
such circumstances, the Annual Administration Fee shall be
invoiced to and paid by the Consumer in monthly installments
on the same bills sent to the Consumer respecting the
Abatement credit. However, where it is not known until after the
first month of a particular calendar year that the actual
Abatement for a Consumer will be in excess of five hundred
dollars ($500.00), the Annual Administration Fee shall be
To Amend the Sanitary Surcharge and Wastewater
Abatement By-law No. 03-272
(Page 2 of 2)
2
invoiced to and paid by the Consumer over the remaining
months in the calendar year; and
3.
Section 3, in Schedule "B" to By-law No. 03-272, is amended by
deleting the word "quarterly" from the second line of the section and
replacing it with the word "monthly".
4.
This By-law comes into force on March 30, 2017.
PASSED this 29 day of March, 2017.
___________________________
___________________________
F. Eisenberger
R. Caterini
Mayor
City Clerk
Authority: Item 2, General Issues Committee
Report 17-026
CM: December 8, 2017
Ward: City Wide
Bill No. 263
CITY OF HAMILTON
BY-LAW NO. 17-263
To Amend the Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2018 Fees and Charges
WHEREAS on September 24, 2003, the Council of the City of Hamilton enacted
By-law No. 03-272, known and referred to as "The Sanitary Surcharge and
Wastewater Abatement By-law";
AND WHEREAS pursuant to sections 8, 9 and 10 of the Municipal Act, 2001, a
municipality may pass by-laws respecting public assets of the municipality
acquired for the purpose of exercising its authority under the said Act or any
other Act, and respecting services that the municipality considers necessary or
desirable for the public, including the provision of public utilities such as water
and sewage, as defined in the said Act;
AND WHEREAS pursuant to section 391 of the Municipal Act, 2001, sections 9
and 10 of the said Act authorize a municipality to pass by-laws imposing fees or
charges for services or activities provided or done by or on behalf of the
municipality and for the use of the municipality's property, including property
under its control;
AND WHEREAS on the 8th day of December, 2017 the Council of the City of
Hamilton did approve of Item 2 of General Issues Committee Report 17-026 and
did authorize the 2018 fees and charges set out herein;
AND WHEREAS notice of the 2018 fees and charges set out herein has been
given in accordance with the provisions of the City of Hamilton's Public Notice
Policy By-law No. 07-351;
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
1.
Schedule "A" to By-law No. 03-272 is deleted and replaced with the new
Schedule "A" attached to this by-law.
To Amend The Sanitary Surcharge and Wastewater Abatement By-law No. 03-272 and
Implement the 2018 Fees and Charges
Page 2 of 6
2.
Schedule "B" to By-law No. 03-272 is deleted and replaced with the new
Schedule "B" attached to this by-law.
3.
The fees and charges imposed by this by-law continue in force until
amended, repealed or replaced (by by-law or by a resolution of the
Council of the City of Hamilton confirmed by by-law) and for greater
certainty this includes continuing in force after December 31, 2018 until
amended, repealed or replaced.
4.
This by-law comes into force on January 1, 2018.
PASSED this 8th day of December, 2017.
__________________________
______________________________
F. Eisenberger
R. Caterini
Mayor
City Clerk
To Amend The Sanitary Surcharge and Wastewater Abatement By-law No. 03-272 and
Implement the 2018 Fees and Charges
Page 3 of 6
SCHEDULE "A"
Wastewater/Storm Fees and Charges
I.
Metered Water Customers
The Wastewater/Storm Fees and Charges consist of a daily wastewater/storm
fixed charge and a wastewater/storm treatment charge.
A)
Daily Wastewater/Storm Fixed Charge
The daily wastewater/storm fixed charge is not related to the direct costs
of consumption and are not dependent upon or related to the amount of
consumption incurred. The fixed charges are intended to offset the fixed
costs of maintaining the City's wastewater/storm sewage systems.
Meter Size
Wastewater/Storm
Rate
15mm
$ 0.36
16 mm
$ 0.36
20 mm
$ 0.36
25 mm
$ 0.90
38 mm
$ 1.80
50 mm
$ 2.88
75 mm
$ 5.76
100 mm
$ 9.00
150 mm
$18.00
200 mm
$28.80
250 mm
$41.40
300 mm
$61.20
To Amend The Sanitary Surcharge and Wastewater Abatement By-law No. 03-272 and
Implement the 2018 Fees and Charges
Page 4 of 6
Schedule "A" continued
B)
Wastewater/Storm Treatment Charges
Wastewater/storm treatment charges are based on metered water
consumption and the cost of wastewater collection and treatment, and
stormwater management. Charges are on a per cubic meter basis at the
rates indicated in the table below. The total monthly wastewater/storm
treatment charge is the sum of usage in all blocks at the rate for each block:
Residential
Multi-Residential,
Commercial,
Institutional &
Industrial
Consumption
Block
Monthly Water
Consumption (m3)
Rate ($/m3)
Rate ($/m3)
1
0-10
0.81
1.61
2
>10
1.61
1.61
II.
Non-Metered Water Customers
The non-metered annual wastewater/storm rate is $587.65 per annum, plus
applicable taxes,
Note: The non-metered annual water rate for water supplied by the City of
Hamilton is $543.85 per annum, plus applicable taxes, for a combined total non-
metered water and wastewater/storm annual rate of $1,131.50 per annum, plus
applicable taxes.
To Amend The Sanitary Surcharge and Wastewater Abatement By-law No. 03-272 and
Implement the 2018 Fees and Charges
Page 5 of 6
SCHEDULE "B"
Wastewater Abatement Program
1.
(a)
Application Processing Fee
$374.50 plus applicable
(Section 10)
taxes and full cost
recovery for peer review, if
required by Director
(b)
Annual Administration Fee (where
$693.30 plus applicable
annual Abatement exceeds $500.00
taxes
-sub-section 22(b))
2.
In determining whether a Consumer appears to qualify for an Abatement
under section 10 of this By-law, the Abatement shall be calculated in
accordance with the following formula, based on data from the calendar
year prior to the year of application for the Abatement:
A =
annual volume (m3) of water supplied to the property from the
potable water supply
B =
annual volume of water that was sourced from the potable water
supply and diverted from the City's sanitary sewage works (if B is
less than 25% of A, the Consumer is not eligible for the Abatement;
if B is greater than 75% of A, insert a value equal to 75% of A)
C =
annual wastewater discharged to the City's sanitary sewer and
combined sewer system (C = A - B) or C = actual measured value
using sewer flow monitoring if required by the Director
D =
infiltration and inflow add back (D = C x 133%: add back
adjustment of 33% to the volumetric charge so that all ratepayers
continue to pay an equal portion of the treatment costs associated
with inflow and infiltration)
E% = wastewater Abatement in percentage
Step 1:
A - B = C; or C = actual measured value using sewer flow
monitoring if required by the Director
Step 2:
D = C x 133%
Step 3:
E% = (A - D) x 100
A
To Amend The Sanitary Surcharge and Wastewater Abatement By-law No. 03-272 and
Implement the 2018 Fees and Charges
Page 6 of 6
Schedule "B" continued
3.
If an Abatement is authorized for a Consumer in accordance with this By-
law, the Abatement will be applied quarterly each year in accordance with
the following formula:
F =
actual volume (m3) of potable water supplied to the property by the
City during the previous quarter
G =
volume (m3) of water eligible for the Abatement during the previous
quarter
H=
wastewater/storm treatment charge (see Schedule "A" to this By-
law)
$I = dollar amount of Abatement for the billing period
Step 4:
F x E% = G
Step 5:
G x H = $I
Authority: Item 2, General Issues Committee
Report 18-020 (FCS18087)
CM: December 19, 2018
Ward: City Wide
Bill No. 343
CITY OF HAMILTON
BY-LAW NO. 18-343
To Amend the Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2019 Fees and Charges
WHEREAS on September 24, 2003, the Council of the City of Hamilton passed
By-law No. 03-272, known and referred to as "The Sanitary Surcharge and
Wastewater Abatement By-law";
AND WHEREAS pursuant to sections 8, 9 and 10 of the Municipal Act, 2001, a
municipality may pass by-laws respecting public assets of the municipality
acquired for the purpose of exercising its authority under the Municipal Act 2001
or any other Act, and respecting services that the municipality considers
necessary or desirable for the public, including the provision of public utilities
such as water and sewage, as defined in the Municipal Act, 2001;
AND WHEREAS sections 9, 10 and 391 of the Municipal Act, 2001, authorize a
municipality to pass by-laws imposing fees or charges for services or activities
provided or done by or on behalf of the municipality and for the use of the
municipality's property, including property under its control;
AND WHEREAS on the 19th day of December, 2018 the Council of the City of
Hamilton approved Item 2 of General Issues Committee Report 18-020 and
authorized the 2019 fees and charges set out herein;
AND WHEREAS notice of the 2019 fees and charges set out herein has been
given in accordance with the provisions of the City of Hamilton's Public Notice
Policy By-law No. 07-351;
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
1.
Schedule "A" to By-law No. 03-272 is deleted and replaced with the new
Schedule "A" attached to this by-law.
To Amend the Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2019 Fees and Charges
Page 2 of 6
2.
Schedule "B" to By-law No. 03-272 is deleted and replaced with the new
Schedule "B" attached to this by-law.
3.
The fees and charges imposed by this by-law continue in force until
amended, repealed or replaced (by by-law or by a resolution of the
Council of the City of Hamilton confirmed by by-law) and for greater
certainty this includes continuing in force after December 31, 2019 until
amended, repealed or replaced.
4.
This by-law comes into force on January 1, 2019.
PASSED this 19th day of December, 2018.
__________________________
______________________________
F. Eisenberger
J. Pilon
Mayor
Acting City Clerk
To Amend the Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2019 Fees and Charges
Page 3 of 6
SCHEDULE "A"
Wastewater/Storm Fees and Charges
I.
Metered Water Customers
The Wastewater/Storm Fees and Charges consist of a daily wastewater/storm
fixed charge and a wastewater/storm treatment charge.
A)
Daily Wastewater/Storm Fixed Charge
The daily wastewater/storm fixed charge is not related to the direct costs
of consumption and are not dependent upon or related to the amount of
consumption incurred. The fixed charges are intended to offset the fixed
costs of maintaining the City's wastewater/storm sewage systems.
Meter Size
Wastewater/Storm
Rate
15mm
$ 0.38
16 mm
$ 0.38
20 mm
$ 0.38
21 mm
$ 0.38
25 mm
$ 0.95
38 mm
$ 1.90
50 mm
$ 3.04
75 mm
$ 6.08
100 mm
$ 9.50
150 mm
$19.00
200 mm
$30.40
250 mm
$43.70
300 mm
$64.60
To Amend the Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2019 Fees and Charges
Page 4 of 6
Schedule "A" continued
B)
Wastewater/Storm Treatment Charges
Wastewater/storm treatment charges are based on metered water
consumption and the cost of wastewater collection and treatment, and
stormwater management. Charges are on a per cubic meter basis at the
rates indicated in the table below. The total monthly wastewater/storm
treatment charge is the sum of usage in all blocks at the rate for each block:
Residential
Multi-Residential,
Commercial,
Institutional &
Industrial
Consumption
Block
Monthly Water
Consumption (m3)
Rate ($/m3)
Rate ($/m3)
1
0-10
0.84
1.68
2
>10
1.68
1.68
II.
Non-Metered Water Customers
The non-metered annual wastewater/storm rate is $613.20 per annum, plus
applicable taxes,
Note: The non-metered annual water rate for water supplied by the City of
Hamilton is $565.75 per annum, plus applicable taxes, for a combined total non-
metered water and wastewater/storm annual rate of $1,178.95 per annum, plus
applicable taxes.
To Amend the Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2019 Fees and Charges
Page 5 of 6
SCHEDULE "B"
Wastewater Abatement Program
1.
(a)
Application Processing Fee
$374.50 plus applicable
(Section 10)
taxes and full cost
recovery for peer review, if
required by Director
(b)
Annual Administration Fee (where
$712.80 plus applicable
annual Abatement exceeds $500.00
taxes
-sub-section 22(b))
2.
In determining whether a Consumer appears to qualify for an Abatement
under section 10 of this By-law, the Abatement shall be calculated in
accordance with the following formula, based on data from the calendar
year prior to the year of application for the Abatement:
A =
annual volume (m3) of water supplied to the property from the
potable water supply
B =
annual volume of water that was sourced from the potable water
supply and diverted from the City's sanitary sewage works (if B is
less than 25% of A, the Consumer is not eligible for the Abatement;
if B is greater than 75% of A, insert a value equal to 75% of A)
C =
annual wastewater discharged to the City's sanitary sewer and
combined sewer system (C = A - B) or C = actual measured value
using sewer flow monitoring if required by the Director
D =
infiltration and inflow add back (D = C x 133%: add back
adjustment of 33% to the volumetric charge so that all ratepayers
continue to pay an equal portion of the treatment costs associated
with inflow and infiltration)
E% = wastewater Abatement in percentage
Step 1:
A - B = C; or C = actual measured value using sewer flow
monitoring if required by the Director
Step 2:
D = C x 133%
Step 3:
E% = (A - D) x 100
A
To Amend the Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2019 Fees and Charges
Page 6 of 6
Schedule "B" continued
3.
If an Abatement is authorized for a Consumer in accordance with this By-
law, the Abatement will be applied quarterly each year in accordance with
the following formula:
F =
actual volume (m3) of potable water supplied to the property by the
City during the previous quarter
G =
volume (m3) of water eligible for the Abatement during the previous
quarter
H=
wastewater/storm treatment charge (see Schedule "A" to this By-
law)
$I = dollar amount of Abatement for the billing period
Step 4:
F x E% = G
Step 5:
G x H = $I
Authority: Item 2, General Issues Committee
Report 19-025 (FCS19070)
CM: November 27/28, 2019
Ward: City Wide
Bill No. 288
CITY OF HAMILTON
BY-LAW NO. 19-288
To Amend the Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2020 Fees and Charges
WHEREAS on September 24, 2003, the Council of the City of Hamilton passed
By-law No. 03-272, known and referred to as "The Sanitary Surcharge and
Wastewater Abatement By-law";
AND WHEREAS pursuant to sections 8, 9 and 10 of the Municipal Act, 2001, a
municipality may pass by-laws respecting public assets of the municipality
acquired for the purpose of exercising its authority under the Municipal Act 2001
or any other Act, and respecting services that the municipality considers
necessary or desirable for the public, including the provision of public utilities
such as water and sewage, as defined in the Municipal Act, 2001;
AND WHEREAS sections 9, 10 and 391 of the Municipal Act, 2001, authorize a
municipality to pass by-laws imposing fees or charges for services or activities
provided or done by or on behalf of the municipality and for the use of the
municipality's property, including property under its control;
AND WHEREAS on the 27th day of November, 2019 the Council of the City of
Hamilton approved Item 2 of General Issues Committee Report 19-025 and
authorized the 2020 fees and charges set out herein;
AND WHEREAS notice of the 2020 fees and charges set out herein has been
given in accordance with the provisions of the City of Hamilton's Public Notice
Policy By-law No. 07-351;
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
1.
Schedule "A" to By-law No. 03-272 is deleted and replaced with the new
Schedule "A" attached to this by-law.
To Amend The Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2020 Fees and Charges
Page 2 of 6
2.
Schedule "B" to By-law No. 03-272 is deleted and replaced with the new
Schedule "B" attached to this by-law.
3.
The fees and charges imposed by this by-law continue in force until
amended, repealed or replaced (by by-law or by a resolution of the
Council of the City of Hamilton confirmed by by-law) and for greater
certainty this includes continuing in force after December 31, 2020 until
amended, repealed or replaced.
4.
This by-law comes into force on January 1, 2020.
PASSED this 28th day of November, 2019.
__________________________
______________________________
F. Eisenberger
A. Holland
Mayor
City Clerk
To Amend The Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2020 Fees and Charges
Page 3 of 6
SCHEDULE "A"
Wastewater/Storm Fees and Charges
I.
Metered Water Customers
The Wastewater/Storm Fees and Charges consist of a daily wastewater/storm
fixed charge and a wastewater/storm treatment charge.
A)
Daily Wastewater/Storm Fixed Charge
The daily wastewater/storm fixed charge is not related to the direct costs
of consumption and are not dependent upon or related to the amount of
consumption incurred. The fixed charges are intended to offset the fixed
costs of maintaining the City's wastewater/storm sewage systems.
Meter Size
Wastewater/Storm
Rate
15mm
$ 0.39
16 mm
$ 0.39
20 mm
$ 0.39
21 mm
$ 0.39
25 mm
$ 0.98
38 mm
$ 1.95
50 mm
$ 3.12
75 mm
$ 6.24
100 mm
$ 9.75
150 mm
$19.50
200 mm
$31.20
250 mm
$44.85
300 mm
$66.30
To Amend The Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2020 Fees and Charges
Page 4 of 6
Schedule "A" continued
B)
Wastewater/Storm Treatment Charges
Wastewater/storm treatment charges are based on metered water
consumption and the cost of wastewater collection and treatment, and
stormwater management. Charges are on a per cubic meter basis at the
rates indicated in the table below. The total monthly wastewater/storm
treatment charge is the sum of usage in all blocks at the rate for each block:
Residential
Multi-Residential,
Commercial,
Institutional &
Industrial
Consumption
Block
Monthly Water
Consumption (m3)
Rate ($/m3)
Rate ($/m3)
1
0-10
0.88
1.75
2
>10
1.75
1.75
II.
Non-Metered Water Customers
The non-metered annual wastewater/storm rate is $638.75 per annum, plus
applicable taxes,
Note: The non-metered annual water rate for water supplied by the City of
Hamilton is $594.95 per annum, plus applicable taxes, for a combined total non-
metered water and wastewater/storm annual rate of $1,233.70 per annum, plus
applicable taxes.
To Amend The Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2020 Fees and Charges
Page 5 of 6
SCHEDULE "B"
Wastewater Abatement Program
1.
(a)
Application Processing Fee
$374.50 plus applicable
(Section 10)
taxes and full cost
recovery for peer review, if
required by Director
(b)
Annual Administration Fee (where
$745.30 plus applicable
annual Abatement exceeds $500.00
taxes
-sub-section 22(b))
2.
In determining whether a Consumer appears to qualify for an Abatement
under section 10 of this By-law, the Abatement shall be calculated in
accordance with the following formula, based on data from the calendar
year prior to the year of application for the Abatement:
A =
annual volume (m3) of water supplied to the property from the
potable water supply
B =
annual volume of water that was sourced from the potable water
supply and diverted from the City's sanitary sewage works (if B is
less than 25% of A, the Consumer is not eligible for the Abatement;
if B is greater than 75% of A, insert a value equal to 75% of A)
C =
annual wastewater discharged to the City's sanitary sewer and
combined sewer system (C = A - B) or C = actual measured value
using sewer flow monitoring if required by the Director
D =
infiltration and inflow add back (D = C x 133%: add back
adjustment of 33% to the volumetric charge so that all ratepayers
continue to pay an equal portion of the treatment costs associated
with inflow and infiltration)
E% = wastewater Abatement in percentage
Step 1:
A - B = C; or C = actual measured value using sewer flow
monitoring if required by the Director
Step 2:
D = C x 133%
Step 3:
E% = (A - D) x 100
A
To Amend The Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2020 Fees and Charges
Page 6 of 6
Schedule "B" continued
3.
If an Abatement is authorized for a Consumer in accordance with this By-
law, the Abatement will be applied quarterly each year in accordance with
the following formula:
F =
actual volume (m3) of potable water supplied to the property by the
City during the previous quarter
G =
volume (m3) of water eligible for the Abatement during the previous
quarter
H=
wastewater/storm treatment charge (see Schedule "A" to this By-
law)
$I = dollar amount of Abatement for the billing period
Step 4:
F x E% = G
Step 5:
G x H = $I
Authority: Item 2, General Issues Committee
Report 20-020 (FCS20073)
CM: December 16, 2020
Ward: City Wide
Bill No. 256
CITY OF HAMILTON
BY-LAW NO. 20-256
To Amend the Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2021 Fees and Charges
WHEREAS on September 24, 2003, the Council of the City of Hamilton passed
By-law No. 03-272, known and referred to as "The Sanitary Surcharge and
Wastewater Abatement By-law";
AND WHEREAS pursuant to sections 8, 9 and 10 of the Municipal Act, 2001, a
municipality may pass by-laws respecting public assets of the municipality
acquired for the purpose of exercising its authority under the Municipal Act 2001
or any other Act, and respecting services that the municipality considers
necessary or desirable for the public, including the provision of public utilities
such as water and sewage, as defined in the Municipal Act, 2001;
AND WHEREAS sections 9, 10 and 391 of the Municipal Act, 2001, authorize a
municipality to pass by-laws imposing fees or charges for services or activities
provided or done by or on behalf of the municipality and for the use of the
municipality's property, including property under its control;
AND WHEREAS on the 25th day of November, 2020 the Council of the City of
Hamilton approved Item 2 of General Issues Committee Report 20-020 and
authorized the 2021 fees and charges set out herein;
AND WHEREAS notice of the 2021 fees and charges set out herein has been
given in accordance with the provisions of the City of Hamilton's Public Notice
Policy By-law No. 07-351;
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
1.
Schedule "A" to By-law No. 03-272 is deleted and replaced with the new
Schedule "A" attached to this by-law.
2.
Schedule "B" to By-law No. 03-272 is deleted and replaced with the new
Schedule "B" attached to this by-law.
To Amend the Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2021 Fees and Charges
Page 2 of 6
3.
The fees and charges imposed by this by-law continue in force until
amended, repealed or replaced (by by-law or by a resolution of the
Council of the City of Hamilton confirmed by by-law) and for greater
certainty this includes continuing in force after December 31, 2021 until
amended, repealed or replaced.
4.
This by-law comes into force on January 1, 2021.
PASSED this 16th day of December, 2020.
__________________________
______________________________
F. Eisenberger
A. Holland
Mayor
City Clerk
To Amend the Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2021 Fees and Charges
Page 3 of 6
SCHEDULE "A"
Wastewater/Storm Fees and Charges
I.
Metered Water Customers
The Wastewater/Storm Fees and Charges consist of a daily wastewater/storm
fixed charge and a wastewater/storm treatment charge.
A)
Daily Wastewater/Storm Fixed Charge
The daily wastewater/storm fixed charge is not related to the direct costs
of consumption and are not dependent upon or related to the amount of
consumption incurred. The fixed charges are intended to offset the fixed
costs of maintaining the City's wastewater/storm sewage systems.
Meter Size
Wastewater/Storm
Rate
15mm
$ 0.42
16 mm
$ 0.42
20 mm
$ 0.42
21 mm
$ 0.42
25 mm
$ 1.05
38 mm
$ 2.10
50 mm
$ 3.36
75 mm
$ 6.72
100 mm
$10.50
150 mm
$21.00
200 mm
$33.60
250 mm
$48.30
300 mm
$71.40
To Amend the Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2021 Fees and Charges
Page 4 of 6
Schedule "A" continued
B)
Wastewater/Storm Treatment Charges
Wastewater/storm treatment charges are based on metered water
consumption and the cost of wastewater collection and treatment, and
stormwater management. Charges are on a per cubic meter basis at the
rates indicated in the table below. The total monthly wastewater/storm
treatment charge is the sum of usage in all blocks at the rate for each block:
Residential
Meter Size
<25mm
Residential Meter
Size =>25mm and
Commercial,
Institutional &
Industrial
Consumption
Block
Monthly Water
Consumption (m3)
Rate ($/m3)
Rate ($/m3)
1
0-10
0.91
1.82
2
>10
1.82
1.82
II.
Non-Metered Water Customers
The non-metered annual wastewater/storm rate is $664.30 per annum, plus
applicable taxes,
Note: The non-metered annual water rate for water supplied by the City of
Hamilton is $620.50 per annum, plus applicable taxes, for a combined total non-
metered water and wastewater/storm annual rate of $1,284.80 per annum, plus
applicable taxes.
To Amend the Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2021 Fees and Charges
Page 5 of 6
SCHEDULE "B"
Wastewater Abatement Program
1.
(a)
Application Processing Fee
$381.99 plus applicable
(Section 10)
taxes and full cost
recovery for peer review, if
required by Director
(b)
Annual Administration Fee (where
$760.21 plus applicable
annual Abatement exceeds $500.00
taxes
-sub-section 22(b))
2.
In determining whether a Consumer appears to qualify for an Abatement
under section 10 of this By-law, the Abatement shall be calculated in
accordance with the following formula, based on data from the calendar
year prior to the year of application for the Abatement:
A =
annual volume (m3) of water supplied to the property from the
potable water supply
B =
annual volume of water that was sourced from the potable water
supply and diverted from the City's sanitary sewage works (if B is
less than 25% of A, the Consumer is not eligible for the Abatement;
if B is greater than 75% of A, insert a value equal to 75% of A)
C =
annual wastewater discharged to the City's sanitary sewer and
combined sewer system (C = A - B) or C = actual measured value
using sewer flow monitoring if required by the Director
D =
infiltration and inflow add back (D = C x 133%: add back
adjustment of 33% to the volumetric charge so that all ratepayers
continue to pay an equal portion of the treatment costs associated
with inflow and infiltration)
E% = wastewater Abatement in percentage
Step 1:
A - B = C; or C = actual measured value using sewer flow
monitoring if required by the Director
Step 2:
D = C x 133%
Step 3:
E% = (A - D) x 100
A
To Amend the Sanitary Surcharge and Wastewater Abatement
By-law No. 03-272 and Implement the 2021 Fees and Charges
Page 6 of 6
Schedule "B" continued
3.
If an Abatement is authorized for a Consumer in accordance with this By-
law, the Abatement will be applied quarterly each year in accordance with
the following formula:
F =
actual volume (m3) of potable water supplied to the property by the
City during the previous quarter
G =
volume (m3) of water eligible for the Abatement during the previous
quarter
H=
wastewater/storm treatment charge (see Schedule "A" to this By-
law)
$I = dollar amount of Abatement for the billing period
Step 4:
F x E% = G
Step 5:
G x H = $I