This is the exact embedded text of the captured official document.
Snapshot 625111c3349c · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
II
II
II
II
li
I' I
I' II
II
I
II
II
I' I
II
I' ,I
II
II
I
II
I,
I
BY-LAW NUMBER
78-2003 OF THE
CORPORATION OF THE TOWN OF ST. MARYS
Being a By-Law to require the connection of buildings in the Town of St.
Marys to main sanitary sewers, where available.
WHEREAS, under the prov1s10ns of the Municipal Act, S.O. 2001, c.25,
Section 11, By-laws may be passed by municipalities in relation to waste
management.
NOW THEREFORE BE IT ENACTED as a by-Law of the Corporation of the
Town of St. Marys as follows:
1. In this By-law:
(a) "available' means:
1.
In the case of existing buildings, no more mmn sanitary
sewer would have to be installed to provide sanitary sewer
service to the property line abutting the property of the owner;
n. For new construction of:
1. one dwelling unit, no more than twenty-five metres of
main sanitary sewer would have to be installed to
provide sanitary sewer service to the property line
abutting the property of the owner,
2. two to four dwelling units, no more than 200 metres
of main sanitary sewer would have to be installed to
provide sanitary sewer service to the property line
abutting the property of the owner closest to any existing
main sewer to which the owner shall be required to
connect,
3. more than four dwellings, must be connected to the
main sewer system, regardless of distance from existing
serv1ces.
(b)
"building' means and includes any structure, trailer or other
covering used or intended for supporting or sheltering any occupancy
use with the land and premises appurtenant thereto which:
1.
has a main sanitary sewer available;
II
II
II
II
II
II
2
n. is located on a parcel of land abutting on a public highway
or street in which a sewage works is located or a parcel of land
not more than one foot from a public highway or street in
which a sewage works is located; and
111.
1.
contains, or is required by any other by-law,
regulation or
statute to contain eating, or food
preparation facilities, or
2.
contains or is required by any other by-law,
regulation or statute to contain any washing or toilet or
cleaning facilities, or
3.
is connected, or 1s required by any other by-law,
regulation or statute to be connected to a water supply,
or water works, or
4.
is connected, or 1s required by any other by-law,
regulation or statute to be connected, or drain to a
sewage works, or
5. which is a source of sewage;
other than a barn used for agricultural purposes and
which contains no sleeping accommodation for persons;
(c) "connecf' means to install a connection
(d) "connection' means a physical link to a sewage works system
including the service pipe from the interior face of the outer wall of a
building to
1.
the street line where a service line has been installed from
the main sanitary sewer to the street line, or
ii. the main sanitary sewer where a service line has not been
so installed,
and if the property on which the building is located is the source of
different types of sewage which are required to be delivered
separately to the sewage works, connection includes separate
connection for the different types of sewage;
(e) "cosf' includes the cost of restoring any property disturbed or
damaged in the course of making a connection and the cost of
design, if any, materials, labour and supervision of the connection
incurred after the date of sending a Notice and includes the amount
of expense charged by the Municipality to the owner when the
II I'
II
I
II
.I
II
!I
II
II
'I
II li ,,
II II II
II ,,
II
II
[I
II
II "
II
II
,I
\I
II
I'
II
II
II II
II
II
II
II
I
I'
11
I'
II
II
'I
I
II
1\ ,,
1\ I
II
,I
1\
II
I
II
II
II
I
II
3
Municipality
makes
a connection at the expense of the
owner;
(f) "main sanitary sewer'' means a main sewer for the collection of
sewage;
(g) "main storm sewer'' means a main sewer for the collection of star m
water;
(h) "Notice' means a written notice g1ven pursuant to the By-law
requiring a connection or connections be made;
(i) "owner'' means the owner of a building and includes the registered
owner of, the person shown on the assessment roll as owner of, and
the actual owner of a building or any property on which a building is
located, and a Notice sent to any one or any combination of these
shall be deemed to be properly sent to the "owner'';
m "sewage' may also be referred to as waste water and shall mean
any liquid waste containing animal, vegetable or mineral matter in
suspension or solution, and includes drainage from all sinks, tubs,
toilets and washing facilities but does not include storm water;
(k) "storm water'' shall mean rrun water, melted snow or 1ce and
water in the subsoil.
2. All properties fronting on or abutting streets where water and sanitary
sewer services have been constructed shall be subject to a charge for such
services, as may be from time to time established by Council, regardless of
whether such property is connected to the service or services.
3. Unless otherwise provided for herein, every owner of a building shall
connect the building to the sewage works of the Municipality.
4. Where there is a main sanitary sewer available to the land on which a
building is located, the drains for sewage from the building must be
connected to the main sanitary sewer. If the building is not connected,
Council shall issue a Notice to the owner of such land in accordance with
this by-law.
4
5. Any Notice hereunder
a.
shall require the owner to make the connection within twelve
months of the date of the Notice,
b. shall advise the owner
i. the date on which the twelve month period expires, and
ii. that if the owner fails to make the connection as required,
the Municipality has the right to make it at the owner's
expense and to recover the expense by action or in like manner
as municipal taxes, and
iii. shall make reference to the within By-law.
c. shall be mailed by registered mail to his last known address, and
shall be deemed to have been delivered ten days after such mailing,
d. the date on which the twelve month period expires shall be twelve
months after the Notice is deemed to be delivered.
6. A Notice hereunder may classify different types of sewage and require
that such types be drained through separate connections into specified
sewers.
7. If a building is connected only to one sewer and separate sewers for
different types of sewage are available, or made available to serve the land
upon which the building is located, the Notice hereunder may, if the
building or the land upon which the building is located is or may be a
source of sewage of more than one classified type, require the owner to
connect the building to the sewage works in such manner that the different
types of sewage are drained separately into the sewers specified in the
Notice.
8. Any connection required to be made by an owner under this By-law
shall be made:
a.
no later than the date specified in the Notice, or within such
periods of time, if any, as are granted by Council as an extension
pursuant to the provisions of this By-Law,
b. in accordance with the requirements of the Notice and any by-
law, regulation or statutes governing such connection; and
9. Upon such connection, the owner shall have ten (10) days to clean,
fill, remove or destroy the existing private system of disposal, to the
II
II
I' ,I
II
II
li
II
II
II
I
5
satisfaction of the Chief Building Official or other such person or body
charged with inspection of such systems, failing which the Municipality
shall clean, fill, remove or destroy the existing private system of disposal
and the costs of doing so shall be recoverable by action or by the said cost
being made a lien or charge as municipal taxes upon the land in respect of
which the connection was made, and shall be added to the Tax Collector's
Roll by the Clerk of the Municipality and shall be collected in the same
manner as overdue taxes and shall bear interest from the date the first
demand for payment is made at the same rate as overdue taxes
10. If the owner fails to make a connection required by a Notice within the
twelve-month period or such extended period permitted hereunder, the
Municipality may make the connection at the expense of the owner and for
this purpose may enter into and upon the property of the owner.
11. The cost of making such connection shall be recoverable by action or
by the said cost being made a lien or charge as municipal taxes upon the
land in respect of which the connection was made, and shall be added to
the Tax Collector's Roll by the Clerk of the Municipality and shall be
collected in the same manner as overdue taxes and shall bear interest from
the date the first demand for payment is made at the same rate as overdue
taxes.
12. Unless otherwise approved by the Chief Building Official or other such
authorized person or body, no sanitary sewer shall pass under any
residential building, other than the building or severable dwelling unit it
serves, and the entire plumbing system of every building or premises shall
be separate from and independent of that of every other building or
premises and shall have an independent connection with the public sewer.
13. Extensions:
1.
Where a building utilizes its own private system of disposal of
sewage which was installed, inspected and authorized for use
under the proper permit, Council shall grant an extension of
the requirement to connect, such extension not to exceed a
period of twelve years from the date of issuance of such permit.
n.
Where an extension has been granted, and the private sewage
disposal system fails, the extension shall be revoked, and the
6
owner shall connect forthwith. The owner must also comply
with all other by-laws, regulations and/ or statutes dealing with
such failure.
This By-law does not limit the operation of any by-law, regulation or
statute regulating or prohibiting the types and contents of waste or other
material, which may be drained into a sewer or sewage works.
READ a first and second time the 11th day of November, 2003, A.D.
READ a third time and finally passed this 11th day of November, -,_;r---~--"