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THE CORPORATION OF THE TOWN OF WASAGA BEACH
BY-LAW 2016-98
A BY-LAW TO REGULATE THE TOWN OF
WASAGA BEACH WATER WORKS AND WASTE WATER UTILITIES
WHEREAS Section 11(3), of the Municipal Act, 2001, S.O. 2001, c.25 as amended,
authorizes a municipality to provide any service or thing that the municipality considers
necessary or desirable for the public and may pass by-laws respecting matters within
their jurisdiction which includes public utilities and waste management spheres;
AND WHEREAS it is necessary and proper to regulate such matters as outlined below in
order to secure for the inhabitants of the Municipality an adequate potable water delivery
system and a waste water recovery and treatment system in accordance with the power
described in the Municipal Act, 2001, S.O. 2001, c.25 as amended;
AND WHEREAS the Municipal Act 2001, S.O. 2001, c. 25, Section 80 and section 87 as
amended allows a municipality to enter on land to which it supplies a public utility to
inspect, repair, alter or disconnect certain works, conduct tests and take samples;
AND WHEREAS the Municipal Act 2001, S.O. 2001, c. 25, Section 81, as amended,
allows a municipality to shut off the supply of a public utility on account of overdue
payments;
AND WHEREAS pursuant to Section 107(2)(a) of the Municipal Act 2001, S.O. 2001, c.
25, the Municipality has authority to guarantee a loan and to make a grant by way of loan
and to charge interest on such loans;
AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, Section 425(1), as amended,
authorizes a municipality to pass a By-Law to establish that a person who contravenes a
By-Law of the municipality passed under the Municipal Act, 2001,S.O. 2001, c. 25, as
amended, is guilty of an offence;
AND WHEREAS the Municipal Act 2001, S.O. 2001, c. 25, Section 429, as amended,
authorizes a municipality to establish a system of fines for offences under a By-Law of the
municipality passed under the Municipal Act, 2001;
AND WHEREAS Council deems it necessary to combine the by-laws establishing
regulating and maintaining the water works utility and the waste water utility of the
Corporation of the Town of Wasaga Beach to ensure the inhabitants of the Town of
Wasaga Beach continue to receive a water works and waste water utilities system that is
efficient and effective and meets the requirements of the Provincial Government;
NOW THEREFORE the Council of the Corporation of the Town of Wasaga Beach
HEREBY ENACTS as follows:
TABLE OF CONTENTS:
PAGE #
Pg. 4
TITLE
Pg. 4-9
DEFINITIONS
Pg. 9
1.0
PART 1 - CONNECTIONS
CONNECTIONS REQUIRED
Pg.10
2.0
PART II - WATER WORKS UTILITY
2.1
GENERAL PROVISIONS - WATER UTILITY
2.2
CONNECTION TO WATER MAIN
2.3
CONNECT TO A WATER SERVICE
2.4
WATER USE
2.5
WATER METERS
2.6
MAINTENANCE AND MANAGEMENT PROVISIONS-WATER
Pg. 18
3.0
PARTIII - WASTE WATER UTILITY
3.1
GENERAL PROVISIONS - WASTE WATER UTILITY
3.2
CONNECTION TO SANITARY SEWER MAIN
3.3
CONNECTION TO SANITARY SEWER LATERAL
3.4
MAINTENANCE AND MANAGEMENT PROVISIONS -
WASTE WATER
3.5
DISPOSAL OR DISCHARGE OF WASTE WATER
3.6
AGREEMENTS
3.7
SPILLS
Pg. 24
4.0
PART IV - APPEALS
4.1
APPEAL TO REVIEW COMMITTEE - DECISION OF
DIRECTOR OR MUNICIPAL TREASURER
4.2
APPEAL - DIRECTOR'S ORDER
Pg. 26
5.0
PART V - SERVICE REQUESTS
5.1
REQUEST FOR SERVICE CALL
Pg. 26
6.0
PART VI - LOANS
6.1
LOANS FOR WATER/SEWER CONNECTION COSTS
Pg. 27
7.0
PART VII - RATES AND FEES
7.1
WATER RATES AND FEES
7.2
WASTE WATER RATES AND FEES
7.3
SCHEDULE OF FEES - SCHEDULE A
Pg. 31
8.0
PART VII - ENFORCEMENT
8.1
OFFICER DESIGNATED
8.2
ENTRY ON LANDS, BUILDINGS, ETC.
8.3
OBSTRUCTION
8.4
ORDERS AND REMEDIAL ACTIONS
8.5
APPEAL ORDER - TIME TO COMPLY
Pg. 35
9.0
PART IX - OFFENCE PROVISIONS
9.1
OFFENCES - GENERAL
9.2
OBSTRUCTION OFFENCES
Pg. 35
10.0 PART X - SYSTEM OF FINES
10.1 SYSTEM OF FINES
10.2 REQUIRED EQUIPMENT (CONNECTION) OFFENCES
10.3 REQUIRED EQUIPMENT (OTHER) OFFENCES
10.4 PROHIBITED DISCHARGE - OFFENCES
10.5 REPORTING/MONITORING - OFFENCES
10.6 SPECIAL FINES
10.7 ORDER - DEFAULT - TAX ROLL
Pg. 38
11.0 PART XI - SCHEDULES
11.1 SCHEDULES INCLUDED
Pg. 38
12.0 PART XII - VALIDITY AND SEVERABILITY
12.1 VALIDITY AND SEVERABILITY
Pg. 38
13.0 PART XIII - CONFLICT
13.1 CONFLICT WITH OTHER BY-LAWS
Pg. 38
14.0 PART XIV - REPEAL
14.1 REPEAL
Pg. 39
15.0 PART XV - EFFECTIVE DATE
15.1 EFFECTIVE DATE
Pg. 40
SCHEDULE OF FEES - SCHEDULE A - WATER & WASTEWATER
TITLE
This by-law shall be known and may be cited as the "Water and Sewer Utilities By-law."
In the by-law it is referred to as "this by-law."
DEFINITIONS:
For the purpose of this By-Law the following words shall have the meaning given herein:
"Act" shall be taken to mean the Municipal Act, 2001, S.O. 2001, c25, as amended from
time to time.
"Appeal Tribunal" shall mean the Tribunal that is appointed by council, under PART IV
of this By-law, to adjudicate appeals of PART I (Connection Requirements) matters.
"Available sanitary sewer main" when used to describe a property shall mean any
property within the Town of Wasaga Beach which has access to a sewer main upon or
under land abutting such property.
"Available water main" shall have the same meaning as Available Water Service
"Available water service" when used to describe a property shall mean any property
within the Town of Wasaga Beach which has access to a water main upon or under land
abutting such property.
"Building Department" means the Building Division of the Planning and Development
Department of the Corporation of the Town of Wasaga Beach.
"Change of use" shall mean a new use for an existing building, structure or premises or
part thereof.
"Chief Building Official" shall mean the Chief Building Official for the Town of Wasaga
Beach or his/her designate.
"Clerk" shall mean the Clerk of the Corporation of the Town of Wasaga Beach or his/her
designate.
"Commercial" shall mean the use of land, building or structure for the purpose of buying
and selling commodities, supplying of services, or the provision of accommodation, as
distinguished from uses such as "industrial use" or assembling of goods, warehousing,
transport terminals, construction and other similar uses.
"Consumer" shall mean the owner, occupant, or any other person, that occupies
property that is used for commercial, industrial or residential dwelling purposes that is
consuming water and/or discharging sewage.
"Corporation stop" shall mean a water service shut off valve located at a street water
main.
"Council" shall mean the Council of the Corporation of the Town of Wasaga Beach.
"Curb box" means the protective device that allows operation of the curb stop from the
surface of the ground.
"Curb stop" shall mean a self-draining water service shut off valve located in a water
service near the property line and between the water main and the building to which
water is being supplied
"Director" shall mean the Director of Public Works for the Corporation of the Town of
Wasaga Beach or his/her designate.
"Director's Order" shall mean a Municipal Work Order issued by the Director of Public
Works or a Municipal Maw Enforcement Officer to order a contravening activity to cease
or to order work(s) to be completed; as outlined in the Order.
"Director's Order to Perform Work" shall mean a Director's Order that requires the
named person(s) to do or perform corrective works or cause corrective works to be
undertaken, to remedy the deficiencies specified in that Order.
"Director's Order to Stop Work" shall mean a Director's Order that requires the names
person(s) to cease or cause the cessation of a contravening activity as set out in the
particulars of the Order.
"Domestic use" shall mean the use of water for residential, commercial, industrial or
institutional uses, but does not include the wholesale or retail sale of water.
"Enforcement Officer" shall mean any one or more of a Police Officer, Municipal Law
Enforcement Officer of the Town of Wasaga Beach and the Director of Public Works for
the Corporation of the Town of Wasaga Beach, and "officer" shall have the same
meaning.
"Fee Schedule" shall mean the applicable Schedule(s) of the current By-law to establish
Fees and Charges to be collected by the Corporation of the Town of Wasaga Beach,
known as the "Fees and Charges By-law"
"Industrial use" shall mean:
a)
The use of land, building, or structure for the manufacturing, processing,
fabricating of, assembly of raw materials or goods, warehousing or bulk
storage of goods and related accessory uses; or
b)
The use of land, building, or structure for one or more of the following
operations:
i) the carrying on of any process of manufacture whether or not a finished
article results therefrom;
ii) the dismantling and separating into parts of any article, machinery, or
vehicle;
iii) the breaking up of any articles, goods, machinery, or vehicles;
iv) the treatment of waste materials;
v) the processing of sand, gravel, clay, turf, soil, rock, stone, or similar
substances, but not the extraction thereof; and
vi) the repairing and servicing of all vehicles, machinery and buildings and
may include:
-
the storage of goods in connection with or resulting from any of the
above operations;
-
the provision of amenities for Persons engaged in such operations;
-
the sale of goods resulting from such operations; and
-
any work of administration or accounting in connection with the
undertaking.
"Institutional use" shall mean:
a) The use of land, building, or structure for a public or non-profit purpose and
without limiting the generality of the foregoing, may include such uses as
schools, places or worship, indoor and outdoor recreation facilities, community
centres, public hospitals; libraries established under the Public Libraries Act,
R.S.O. 1990, cP.44;
b) The use of land, building, or structure for religious, charitable, educational,
health or welfare purposes, and includes churches, places of worship, public or
private schools and nursery schools; or
c) The use of land, building, or structure designed, adapted or used for medical,
surgical, charitable or other treatment or care of persons, or for detaining
persons for correctional, disciplinary or other purpose, and shall include a
children's home, a home for the aged or the infirm, a monastery, nunnery, or
religious retreat, a jail, reformatory or training school, and all other such uses.
"Meter Value" shall mean the first water service levered ball-valve with full-port opening,
located in a water service within a building, when closed, shuts the water off to the
connected distribution pipes within the building.
"Minimal effort and expense" shall mean less than 2.0 hours of staff time and shall not
include the use of heavy equipment or excavations.
"Multiple family dwelling" shall mean one or more habitable rooms designed or
intended for use by more than one individual or family as an independent and separate
housekeeping establishment containing separate kitchen and sanitary facilities for each
individual or family.
"Multiple offence" shall mean an offense in respect of two or more acts or omissions
each of which separately constitutes an offence and is a contravention of the same
provision of this By-Law.
"Municipality" shall mean the Corporation of the Town of Wasaga Beach and includes,
where the context permits, its duly authorized officers, contractors, employees and
agents, and "Town" shall have the same meaning.
"Municipal use" shall mean the use of any building or structure, or any and all lands that
have been or hereafter may be set apart, designated, dedicated or established by Council
as public parkland or municipal facility for enjoyment by the public, public library, YMCA
or any operation that is owned or made available by lease agreement or otherwise to the
Town.
"Notice" shall mean the document that is issued by the Municipality, in any written form,
that conveys information concerning a non-conformity with any section or sections of the
by-law and may include required actions to be undertaken and may or may not include a
date to achieve such actions. Notices are "deemed" delivered on the 5th day after being
sent by Registered Mail to the most recent mailing address on file with the Treasury
Department of the Town of Wasaga Beach.
"Occupant" shall mean a person occupying a place or dwelling;
"Officer of a Corporation" shall mean a member of a Board of Directors of a for-profit or
non-profit corporation.
"Order" shall mean a Director's Order.
"Owner" shall mean the person or persons who owns the property and includes, a
developer, firm, corporation, contractor, or responsible individual in charge of the property
at any given time.
"Overstrength waste" shall mean waste that exceeds the "Wastewater Source Control"
guidelines issued by the Federation of Canadian Municipalities and National Research
Council, including appropriate replacement standards of acceptable practices.
"Person" shall include a corporation and the heirs, executors, administrators or other
legal representatives of an owner.
"Review Panel" shall mean the individuals instructed by the CAO to meet to review the
appeal at issue, and to render a decision.
"Rural family dwelling" shall mean a residential dwelling unit outside the municipal
boundaries being provided with potable water from the Town of Wasaga Beach water
works utility.
"Sanitary sewer lateral cleanout" shall mean an inspection tee/clean-out installed on
the sanitary sewer lateral at the property line.
"Sanitary sewer lateral" shall mean a pipe that conveys waste water from a building, or
other use of a property or any part thereof to the sanitary sewer main and commences
from the face of the building and terminates at the sanitary sewer main.
"Sanitary sewer main" means a pipe located in the road allowance in front, to the side
or to the rear of a property that conveys waste water from a sanitary sewer lateral located
at the property line to the sewage treatment plant.
"Sewage" shall mean the composite of water and water-carried wastes originating from
any property belonging to a consumer as are or as are required to be deposited into the
waste water utility and shall have the same meaning as waste water.
"Sewer surcharge rate" shall mean those fees or charges for the operation, repair and
maintenance of the waste water utility established by the municipality, and may include a
base rate and a rate based on consumption of water, and such charges for depreciation,
deferred maintenance or establishment of a reserve fund, and recovery of other related
costs, all as prescribed by the municipality.
"Single family dwelling" shall mean one or more habitable rooms designed or intended
for use by an individual or family as an independent and separate housekeeping
establishment in which one kitchen and sanitary facilities are provided for the exclusive
use of such individual or family.
"Touch pad" shall mean the device and wiring located on the outside of the building that
is connected to the meter.
"Treasurer" shall mean the Treasurer of the Corporation of the Town of Wasaga Beach
or his/her designate.
"Town" shall mean the Corporation of the Town of Wasaga Beach.
"Transmitter" shall mean the device equipped to the touch pad that monitors the
meter and sends data back to the Tower Gateway Base Station (TGB) receiver at
pre-defined intervals.
"Use" shall mean the purpose for which the building, structure or premises or part
thereof is used, occupied or intended to be used or designed to be used or occupied and
in the case of multiple uses, shall mean the primary use as determined by the Director,
"Waste water" shall mean the composite of water and water-carried wastes originating
from any property belonging to a consumer as are or as are required to be deposited into
the waste water utility and shall have the same meaning as sewage.
"Waste water connection permit" shall mean a permit issued by the Town to connect
to a wastewater utility.
"Waste water utility" shall mean any public works for the collection, transmission,
treatment or disposal of wastewater, or any part of any such works within the
municipality.
"Waste water service" shall mean a pipe that conveys sewage from a building, structure
or premises to a sewage main and shall have the same meaning as "sanitary sewer
lateral".
"Water" shall mean water drawn, treated and provided by the Corporation of the Town of
Wasaga Beach.
"Water main" shall mean that portion of the water works utility which is a supply line for
the conveyance of water running along or under property either owned by, or under the
effective control of the municipality.
"Water meter" shall mean and include water meter, meter wire, touch pad and data
transmitter, all as approved and provided exclusively by the municipality, and "meter"
shall have the same meaning.
"Water meter pit" shall mean a below-grade enclosure on the water service in the
vicinity of property line that contains the water meter, and "metering pit" shall have the
same meaning.
"Water service" shall mean a pipe that conveys water from the corporation stop to a
building, or other use, or any part thereof. For the purpose of establishing the monthly
base supply charge, as described in the Fee Schedule, as amended, the water service
size shall be determined from the watermain to the curb stop.
"Water service rate" means those fees or charges for the operation, repair and
maintenance of the water works utility established by the municipality, and may include a
base rate and a rate based on consumption of water, and such charges for depreciation,
deferred maintenance, establishment of a reserve fund, and recovery of other related
costs, all as prescribed by the municipality.
"Water works employee" shall mean an employee of the Corporation of the Town of
Wasaga Beach whose duties include the operation and maintenance of the water works
utility and/or the waste water works utility.
"Water works utility" shall mean any works for the collection, production, treatment,
storage, supply or distribution of water, or any part of any such works.
"Works" shall mean land, buildings, structures, plant, machinery, equipment, devices,
conduits, intakes, outfalls or outlets and other works used or designed for the collection,
treatment or disposition of sewage or the production, treatment, storage or distribution of
water.
PART I
1.0
CONNECTIONS
1.1 CONNECTIONS REQUIRED:
1.1.1 Every owner of property which has an available sanitary sewer main, shall connect
a sanitary sewer lateral to a sanitary sewer main in the manner prescribed in this
By-Law within one (1) year of being issued a building permit, or where the Director
of Public Works issues an order to connect to a Waste Water Utility; within the time
allotted in the Order. In the absence of evidence to the contrary, a letter from the
Director indicating that a property has available service shall, for the purposes of
this By-Law, constitute proof of such availability.
1.1.2 Every owner of a property which has an available water main, shall connect a
properly functioning water meter and water service to a curb stop in a manner
prescribed in the By-law within one (1) year of being issued a building permit, or
where the Director of Public Works issues an order to connect to a Water Utility;
within the time allotted in the Order. In the absence of evidence to the contrary, a
letter from the Director indicating that a property has available service shall, for the
purposes of this By-Law, constitute proof of such availability.
PART II
2.0
WATER WORKS UTILITY
2.1 GENERAL PROVISIONS- WATER UTILITY
2.1.1 The municipality shall manage, maintain and operate the water works utility
heretofore and hereafter established and constructed in the municipality in
accordance with the provisions of the Municipal Act, 2001, S.O. 2001, c. 25, and
the Ontario Water Resources Act, R.S.O. 1990, c. O.40, and this By-Law, all as
amended from time to time.
2.1.2 The municipality agrees to use diligence in providing a regular uninterrupted
supply of water for domestic, industrial, institutional, and commercial use, but does
not guarantee service or the maintenance of unvaried pressure and will not be
liable in damages to the owner of property serviced by water or to any other
person by reason of any failure in respect thereto.
2.1.3 The municipality shall not be liable to the owner of property serviced by water or
any other person for damages by reason of failure to supply water for any reason
whatsoever. The municipality will, however, exercise reasonable diligence and
make such repairs as may be necessary, and do such acts as within its powers, to
restore the services, and shall at all times for such purpose, have the right to enter
upon the lands of the owners; provided that if the municipality by reason of its
entry onto private property, occasions any damage to the said property, then such
damage shall be reasonably repaired in a proper manner forthwith, at the
municipality's expense.
2.1.4 Notwithstanding anything herein stated, there shall be no obligation on the part of
the municipality to service any lands within the municipality that are not presently
serviced for the supply of water. The municipality reserves the right to determine
what areas and when such areas will be serviced with the supply of water.
2.1.5 The Director may enter the premises of any water taker during reasonable hours,
upon reasonable notice to examine the pipes, meters, fittings and fixtures to
ascertain the quantity of water used and the manner of its use.
2.1.6 The rules and regulations set out in this By-Law shall govern and regulate the
operation of any water works utility owned by the municipality and shall be
considered to form a part of the agreement between the municipality for provision
of water service to each building and every such person by applying for and
receiving water service from the municipality shall be deemed to have expressed
his/her consent to be bound by the said rules and regulations.
2.2
CONNECTION TO WATER MAIN
2.2.1 No person shall make a water service connection to a municipal water main. The
connection of a new water service, or replacing, or upgrading of an existing water
service to the municipality's water main shall be made by a water works employee
or authorized agent of the municipality, in accordance with the following:
a) Each property shall have a separate building water service provided with a
separate stopcock or valve for turning on and shutting off the water.
b) The Director shall endeavor, where possible, to install a water service from the
watermain to the curb stop where directed by the customer. However, in every
case the Director shall have the right to determine the nature of the service
connection required and the position and location in which such water service
and other equipment and appliances shall be installed.
c) The size of a water service required for a single family dwelling shall be a
minimum of 25mm inside diameter.
d) The size of a water service required for multiple family, commercial, institutional
or industrial uses shall be determined by the owner's engineer and be subject
to the approval of the Director, provided however, that in no case shall such
water service be less than a minimum of 25mm inside diameter.
e) Where any variation from standard practice is permitted by the Director, any
additional expense incurred by reason of such variation shall be borne and paid
by the person applying for the water service.
2.2.2 The responsibility for repairing a broken or damaged water service, from the water
main to the curb stop inclusive, shall rest with the Director.
2.2.3 The responsibility for repairing a broken or damaged water service, from the curb
stop, exclusive of the curb stop, to the meter shall rest with the owner of the
property.
2.2.4 The owner of the property shall repair a broken or damaged water service within
fourteen (14) days of becoming aware of a break or damage to the water service
or within another time frame as approved by the Director. Failure to do so shall
result in the water being shut off to the property by the municipality until such
repairs are carried out to the satisfaction of the Director.
2.3
CONNECTION TO A WATER SERVICE
2.3.1 No person shall make a connection to a water service, except as follows:
a) An application for a water service connection shall be made in writing to the
Director, through the Building Department, as provided for in Section 2.6.1, and
Section 2.6.6, of this By-Law, prior to any work being commenced, including
excavation.
b) The size of a water service required for a single family dwelling shall be a
minimum of 25mm inside diameter.
c) The size of a water service required for a multiple family, commercial,
institutional or industrial use shall be determined by the person's engineer and
be subject to the approval of the Director provided however, but in no case
shall such water service be less than 25mm minimum inside diameter.
d) All excavations required for the installation of a building water service shall be
carried out by open trench unless otherwise approved by the Director. All
pipes shall be installed according to municipal engineering standards and no
back fill shall be placed until the work has been inspected and is deemed by
the Director in compliance with this By-Law.
e) The water service shall be separated from all other services, such as buried
cables and sewer laterals, in accordance with the Ontario Building Code.
f) The water service shall be laid upon a 150mm sand bedding or stone, at the
discretion of the Building Department. The water service shall be covered with
another 150mm of sand prior to compaction and back filling.
g) The person applying for a water service connection shall give at least forty-
eight (48) hours notice to the Building Department when the building water
service will be ready for inspection and connection to the water service lateral.
The connection shall be made under the supervision of the Building
Department.
h) No Person shall back fill a water service connection until it has been inspected
and approved by the Building Department for back filling. Every water service
connection shall be inspected by the Building Department prior to back filling.
i) All excavations for a building water service connection shall comply with the
Occupational Health and Safety Act R.S.O. 1990, c. O.1, as amended, and all
Regulations made pursuant thereto, including but not limited to O.Reg. 213/91
as amended (i.e. "Construction Projects"). If the Ministry of Labour determines
that compliance with the aforesaid Act and Regulations has not been
demonstrated, inspection of the water service will not be carried out until
compliance is confirmed by the Ministry of Labour for the municipality, ensuring
that it is safe for the Building Department to carry out its inspection duties.
j) It is the owner's obligation to ensure the work site is maintained in a safe
condition and the work site meets all applicable safety requirements.
2.3.2 If, in the opinion of the Ministry of Labour for the municipality, the work site is
deemed unsafe, the inspection will be deferred until the site is deemed by him or
her to be safe.
2.3.3 No person shall connect, cause to be connected, or allow to remain connected to
the waterworks utility any piping, fixture, fitting, container or appliance, in a
manner which under any circumstances, may allow water, waste water, non-
potable water, or any other liquid, chemical or substance to enter the water works
utility. The means adopted for "protection from contamination" shall be in
accordance with the requirements of the Regulations made pursuant to the
Ontario Building Code Act, 1992, as amended from time to time.
2.4
WATER USE
2.4.1 No person shall sell or dispose of municipal potable water in any manner to other
persons, firms or corporations without the consent of Council.
2.4.2 No person shall draw off or use any municipal water from any fire hydrant without
the written consent of the Director. This restriction shall not apply to a municipal
fire fighter where water is required for fire protection purposes.
2.4.3 No person shall use water supplied by the water works utility for the purpose of
watering lawns and gardens except as permitted in the current Lawn Watering By-
law, and amendments thereto.
2.4.4 Notwithstanding the provisions of Section 2.4.3 above, Council hereby authorizes
the Director to impose watering restrictions covering watering of lawns, gardens,
and properties, filling of swimming pools or any other like uses when water in the
water works utility is in the opinion of the Director in short supply. The said
watering restriction shall take effect immediately upon notice of said watering
restriction being given by the Director in the manner to be determined by the
Director.
2.4.5 No Person shall fill or partially fill a swimming pool or other similar structure from a
fire hydrant.
2.4.6 Notwithstanding the provisions of Section 2.4.3 above, Council hereby authorizes
the Parks and Facilities Department to water the infields of all baseball diamonds
whenever necessary to control dust from the infields; and further authorizes
watering of the Wasaga Beach Cemetery whenever necessary.
2.4.7 When any premises left vacant, unattended or without heat, where the water
supply has not been shut off, suffers damage to it and its contents from a leaking
or burst water pipe, the owner or the occupant shall have no claim against the
Town. Should the Director become aware of such leaking or burst pipes, the
Director may turn off the shut-off valve at the street line without notice, and the
water supply shall not be turned on until the Director, in his/her discretion, shall
consider it advisable.
2.5
WATER METERS
2.5.1 No person shall install a water meter except in accordance with the requirements
of this By-Law.
2.5.2 Every municipal water connection after the date of passing this By-law, shall be
equipped with a water meter. Water supplied through the water meter to any land,
building, or structure shall be charged at the applicable rate as described in the
"Fee Schedule".
2.5.3 If an owner or occupant does not respond to requests made by the Town to install
a meter, or gain access to the water meter, the water supply may be turned off
until such time as the owner or occupant makes suitable arrangements to have the
meter installed, inspected, or repaired. The charges set out in the "Fee Schedule",
as amended, shall apply.
2.5.4 Before shutting off or restricting the supply of water, the Town shall,
a) by personal service or by registered mail, serve the owners and occupants of
the property as shown on the last returned assessment roll of the municipality
with a Notice of the date upon which the Town intends to shut off or restrict the
supply of water, if access to the property is not obtained before that date; or
b) ensure that a copy of the Notice is securely attached to the property in a
conspicuous place.
2.5.5 The Town shall not shut off or restrict the supply of water unless it has made
reasonable efforts to obtain access to the property and has been unable to obtain
access within fourteen (14) days after the later of:
a) the day the last Notice under this by-law was personally served;
b) the day the last Notice under this by-law was mailed; and
c) the day a copy of the Notice of this by-law was left securely attached to the
property in a conspicuous place.
2.5.6 For every change of use of a property within any class of water use, a water meter
shall be installed in accordance with this By-Law and the water supplied shall be
charged at the applicable rate as described in the "Fee Schedule".
2.5.7 The Water Meter shall be maintained by and at the expense of the property owner.
2.5.8 No person, other than a water works employee, or person authorized by the
Director, shall remove, alter or tamper with any component of the water meter, with
the exception only of the meter valve which may be operated by the homeowner or
qualified tradesperson to undertake any plumbing modifications or repairs
necessary in the household.
2.5.9 No person shall willfully damage a water meter. Where a water meter has been
damaged by frost or has been damaged by the actions of the owner or any other
person, the owner shall be liable and pay to the municipality the cost of all repairs
and replacements, including parts and labour, and all other costs arising from such
damage.
2.5.10 Upon a written request by an owner, the municipality may test any water meter at
the expense of the owner at any reasonable time. If the meter is found to be
inaccurate, the municipality shall adjust the water bills accordingly and reimburse
the owner for the cost of testing the water meter.
2.5.11 Where the municipality has established that a water meter has failed to register
accurately, the municipality shall estimate the quantity of water consumed during
the failure, and the consumer shall be charged for water service and wastewater
service accordingly. The recorded consumption prior to such failure will be the
basis of estimating quantities consumed during the failure. Where such recorded
consumption is not available, the flat rate amount as identified in the "Fee
Schedule", as amended, shall apply.
2.5.12 Meter size shall be as approved by the Director. The municipality shall supply
water meters up to and including 25 mm in size. The owner shall pay the
applicable fee for each meter that is required, along with inspection fees and other
associated fees prior to the water meter being installed.
a) All water meters greater than 25mm in size shall be approved by the Director
and supplied and installed by a certified plumber. All water meters to be as
manufactured by Sensus metering Systems and shall include the FlexNet data
transmitter. All water meters will become the property of the municipality upon
installation and approval of the installation by the Building Department, or as
otherwise approved by the Director.
b) All water meters regardless of size shall have a levered-ball valve installed on
each side of the meter, with drain ports pointing down.
2.5.13 Where a water meter has failed for any reason, a water works employee shall
replace same with a new water meter at the homeowner's cost. The municipality
will not be responsible for the cost of replacement of a water meter where it stops
functioning properly, because it has been improperly installed, removed, altered,
tampered with, damaged or neglected by any person in which case the owner shall
be responsible for the cost replacement of the water meter.
2.5.14 Every water meter installation shall be inspected and approved by the Building
Department prior to the occupancy of the premises.
2.5.15 No person shall install a water meter except as outlined below:
a) The water meter shall be installed on the water service directly after it enters
the building and prior to the first tee of the interior water service;
b)
A meter valve shall be installed first on the water supply line to any building.
It shall be installed on the inside of the building within 150mm to 1200mm of
the floor. A second shut meter valve shall be installed such that the meter
maybe removed for repair;
c)
The water meter shall be installed in accordance with municipal standards;
and
d)
The data transmitter shall be installed on the exterior wall adjacent to the
hydroelectric meter and shall be connected to the water meter by the meter
wire. The data transmitter shall be installed at a height of 1.5 metres above
finished grade, and at no time shall it be installed lower than 1.2 metres or
higher than 1.8 metres above finished grade except upon the approval of
the Director.
2.5.16 Any missed appointments for meter inspections, repairs, maintenance, or testing
shall be charged a fee as specified in the "Fee Schedule".
2.5.17 No person, except a person authorized by the Town for that purpose, shall be
permitted to open, or in any way whatsoever to tamper with any water meter, or
with the seals placed thereon, or do any manner of thing which may interfere with
the proper registration of the quantity of water passing through such meter and
should any person change, tamper with or otherwise interfere, in any way
whatsoever, with any water meter place in any building, the Director may forthwith,
without any notice, shut off the water from such building or premises, and the
water shall not be again turned on to such building or premises without the
express written consent of the Director.
2.5.18 Where the consumer continually refuses to allow the Town to install or read a
water meter, after reasonable notice, the Town may choose to install a metering
pit at property line, said installation for labour and materials will be charged to the
consumer.
2.5.19 All water meters, supplied by the Town, shall be installed to conform to Town of
Wasaga Beach Engineering Standards.
2.6
MAINTENANCE AND MANAGEMENT PROVISIONS- WATER
2.6.1 Every person who wishes to repair, install, move, shut off or turn on a water
service or make a connection to any of the municipality's water service equipment
shall make application in writing and receive approval from the Director.
2.6.2 The municipality is not obligated to supply water until a water connection permit
has been issued.
2.6.3 The water service, from the municipality's water main to the curb stop including the
curb stop, and the water meter shall be maintained by and at the expense of the
municipality.
2.6.4 The water service from the curb stop, but excluding the curb stop, into the building
shall be maintained by and at the expense of the property owner.
2.6.5 Every owner that has been issued a water connection permit shall have a water
meter installed. All water supplied shall be charged as described in the "Fee
Schedule".
2.6.6 No person shall install, move, repair, remove, tamper with or connect to any of the
municipality's water works utility without applying and receiving written approval of
the Director.
2.6.7 Every person shall maintain or keep his/her water service and other
appurtenances, from the curb stop to the water meter in good working order and
repair, free from leaks. Every person shall keep his/her water meter protected
from damage including freezing at his/her sole risk and expense.
2.6.8 No person shall connect any vehicle to, or use water from, a fire hydrant without
first applying in writing to, and receiving written approval of, the Director. This
restriction shall not apply to a municipal fire fighter where water is required for fire
protection purposes.
2.6.9 No person other than a water works employee shall operate a curb stop. A fee
shall be paid, by every person requesting a water service turn off and turn on, as
set out in the "Fee Schedule".
2.6.10 Except in the case of an emergency, no person other than water works employees
shall remove, change, alter or tamper with any installed and Public Works
approved water meter.
2.6.11 No person shall damage or cause or permit damage to any water meter. All
damage to a meter shall be immediately reported to the Director, in writing.
2.6.12 No person shall in any way interfere with or damage any hydrant, valve, curb stop,
water service, water meter or other water works appurtenances, whether inside or
outside of any building without written approval of the Director. This restriction
shall not apply to a municipal fire fighter where water is required for fire protection
or prevention purposes.
2.6.13 No person shall obstruct free access to any hydrant by placing on or within a one
(1) meter radius of it, any structure, building, fence, plant, material, earth, snow,
rubbish or other obstructive matter, nor shall any person conceal or partially
conceal a hydrant with any structure, building, fence, plant, material, earth, snow,
rubbish or by any other obstructive means.
2.6.14 No person shall obstruct free access to any curb box by placing on, over or
alongside it any fence, plant, material, earth, concrete, pavement or by any other
means that obstructs or prevents access.
2.6.15 No person shall impair access to any part of the water works utility, and no person
shall excavate, or pave or otherwise hard surface a driveway, on private or public
property without first obtaining a water service locate from a water works employee
or agent of the water works utility.
2.6.16 Any person who tampers with, alters, obstructs, removes, neglects, interferes with,
or damages any water works utility equipment shall, in addition to any other
penalty allowed by law, be held liable for the cost of repair to or the replacement of
the equipment of the water works utility.
PART III
3.0
WASTE WATER UTILITY
3.1 GENERAL PROVISIONS- WASTE WATER UTILITY
3.1.1 The municipality shall manage, maintain and operate the waste water utility
heretofore and hereafter established and constructed in the municipality in
accordance with the provisions of the Municipal Act, 2001, S.O. 2001, c. 25, and
the Ontario Water Resources Act, R.S.O. 1990, c. O.40, and this By-Law, all as
amended.
3.1.2 The municipality agrees to use diligence in providing a regular uninterrupted
supply of waste water collection services for domestic, industrial, institutional, and
commercial use, but will not be liable in damages to the owner of property serviced
by the waste water utility or to any other person by reason of any failure in respect
thereto.
3.1.3 The municipality shall not be liable to the owner of property serviced by the waste
water utility or any other person for damages by reason of failure to supply waste
water collection for any reason whatsoever. The municipality will, however,
exercise reasonable diligence and make such repairs as may be necessary, and
do such acts as within its powers to restore services, and shall at all reasonable
times for such purpose, have the right to enter upon the lands of the owners;
provided that if the municipality by reason of its entry onto private property,
occasions any damage to the said property, then such damage shall be
reasonably repaired in a proper manner forthwith, at the municipality's expense.
3.1.4 Notwithstanding anything herein stated, there shall be no obligation on the part of
the municipality to service any lands within the municipality that are not presently
serviced with the waste water utility. The municipality reserves the right to
determine what areas and when such areas will be serviced with the waste water
utility.
3.1.5 The rules and regulations set out in this By-Law shall govern and regulate the
operation of any waste water utility owned by the municipality or operating within
the municipality and shall be considered to form a part of the agreement between
the municipality for provision of waste water service to each building and every
such person by applying for and receiving waste water service from the
municipality shall be deemed to have expressed his/her consent to be bound by
the said rules and regulations.
3.2
CONNECTION TO A SANITARY SEWER MAIN
3.2.1 No person shall make a waste water or any other connection to a sanitary sewer
main without first obtaining permission, in writing, from the municipality. The
connection of a new waste water service, or replacing, or upgrading of an existing
waste water service to one of the municipality's sanitary sewer mains shall be
made by a water works employee or authorized agent of the municipality, in
accordance with the following:
a) The Director shall endeavor, where possible, to install a sanitary sewer lateral
from the sanitary sewer main to the property line where directed by the
customer when the sanitary sewer main is being installed. However, in every
case the Director shall have the right to determine the nature of the service
connection required and the position and location in which such waste water
service and other equipment and appliances shall be installed.
b) In the event that there is no sanitary sewer lateral from the sanitary sewer main
to the property line, it shall be the property owner's responsibility and cost to
install the lateral. However, in every case the Director shall have the right to
determine the nature of the service connection required and the position and
location in which such waste water service and other equipment and
appliances shall be installed.
c) Each building which is or will be discharging sewage on any property shall
have a separate waste water service connection including a separate sanitary
sewer lateral clean out for the inspection and maintenance of the sanitary
sewer lateral.
d) The size of a sanitary sewer lateral required for a single family dwelling shall be
a minimum of 10.16 cm inside diameter.
e) The size of a sanitary sewer lateral required for multiple family, single family
condominium, commercial, institutional or industrial uses shall be determined
by the owner's engineer and be subject to the approval of the Director,
provided however, that in no case shall such sanitary sewer lateral be less than
a minimum of 15.24 cm inside diameter.
f) Where any variation from standard practice is permitted by the Director, any
additional expense incurred by reason of such variation shall be borne and paid
by the person applying for the waste water service.
3.2.2 The responsibility for repairing a broken or damaged waste water service, from the
sanitary sewer main to the property line (exclusive of the sanitary sewer lateral
clean out), shall rest with the municipality.
3.2.3 The responsibility for repairing a broken or damaged waste water service, from the
property line into the building (inclusive of the sanitary sewer lateral clean out)
shall rest with the owner of the property.
3.2.4 The owner of the property shall repair a broken or damaged waste water service
within fourteen (14) days of becoming aware of a break or damage to the service
or within another time frame as required or approved by the Director. Failure to do
so shall result in the water being shut off to the property by the municipality until
such repairs are carried out to the satisfaction of the Director.
3.3
CONNECTION TO A SANITARY SEWER LATERAL
3.3.1 No person shall make a connection to a sanitary sewer lateral, except as follows:
a) An application for a sanitary sewer lateral connection shall be made in writing
to the Chief Building Official, through the Building Department, as provided for
in Section 3.4.1 and 3.4.2 of this By-Law, and be approved prior to any work
being commenced, including excavation.
b) All excavations required for the installation of a sanitary sewer lateral on public
property shall be carried out by open trench unless otherwise approved by the
Director or in the case of private property, the Chief Building Official All pipes
shall be installed according to municipal engineering standards and no back fill
shall be placed until the work on public property has been inspected and is
deemed by the Director in compliance with this By-Law or on private property
has been inspected by the Chief Building Official.
c) The sanitary sewer lateral shall be separated from all other services, such as
buried cables and the water service laterals, in accordance with the Ontario
Building Code.
d) The sanitary sewer lateral shall be laid upon a 150mm sand bedding or stone,
at the discretion of the Building Department. The sanitary sewer lateral shall
be covered with another 150mm of sand prior to compaction and back filling.
e) The person applying for a sanitary sewer lateral connection shall give at least
forty-eight (48) hours notice to the Building Department when the sanitary
sewer lateral will be ready for inspection and connection to the waste water
utility. The connection shall be made under the supervision of the Building
Department. Weekends and holidays shall not to be included in calculating the
48hrs.
f) No Person shall back fill a sanitary sewer lateral until it has been inspected and
approved by the Building Department for back filling. Every sanitary sewer
lateral connection shall be inspected by the Building Department prior to back
filling.
g) All excavations for a sanitary sewer lateral connection shall comply with the
Occupational Health and Safety Act R.S.O. 1990, c.0.1, as amended, and all
Regulations made pursuant thereto, including but not limited to O.Reg. 213/91
as amended (ie. "Construction Projects"). If the Ministry of Labour determines
that compliance with the aforesaid Act and Regulations has not been
demonstrated, inspection of the sanitary sewer lateral will not be carried out
until compliance is confirmed by the Ministry of Labour for the municipality,
ensuring that it is safe for the Building Department to carry out its inspection
duties.
h) It is the owner's obligation to ensure the work site is maintained in a safe
condition and the work site meets all applicable safety requirements.
3.3.2 If, in the opinion of the Ministry of Labour for the municipality, the work site is
deemed unsafe, the inspection will be deferred until the site is deemed by said
Ministry to be safe.
3.4
MAINTENANCE AND MANAGEMENT PROVISIONS- WASTE WATER
3.4.1 Every person who wishes to repair, install or move a sanitary sewer lateral shall
first make application in writing to the Director and the Chief Building Official, and
receive the proper approvals from both.
3.4.2 The municipality is not obligated to provide a water service or waste water service
until a waste water connection permit has been issued.
3.4.3 The sanitary sewer lateral, from the sanitary sewer main to the property line
(exclusive of the sanitary sewer later clean out) shall be maintained by and at the
expense of the municipality.
3.4.4 The sanitary sewer lateral from the property line into the building (inclusive of the
sanitary sewer later clean out) shall be maintained by and at the expense of the
property owner.
3.4.5 No person shall repair, remove, tamper with or connect to any sanitary sewer main
or permit or cause to permit same, without applying for a Road Occupation Permit
and receiving written approval of the Director.
3.4.6 Every person shall maintain or keep his/her waste water service and other
appurtenances, from the property line into the building in good working order and
repair, free from leaks and blockages.
3.4.7 No person shall discharge or deposit or cause or permit the discharge of any
waste of any kind into public or private drains that lead to the waste water utility or
the waste water utility directly that may have an adverse environmental affect,
subject to the exceptions noted in Section 3.5, below.
3.4.8 No person other than a water works employee or licensed plumber shall access a
sanitary sewer lateral clean-out for maintenance purposes.
3.4.9 No person shall damage or allow damage to any waste water utility.
3.4.10 No person shall obstruct free access to any sanitary sewer lateral clean out or
permit or cause to permit same, by placing any fence, plant, material, earth,
concrete, pavement or other obstructive matter on it.
3.4.11 No person shall impair access to any part of the waste water utility, and no person
shall excavate, or pave or otherwise hard surface a driveway, on private or public
property or permit to or cause to permit same, without first obtaining a waste water
service locate from a water works employee or authorized agent of the
municipality.
3.4.12 Any person who tampers with, alters, obstructs, removes, neglects, interferes with,
or damages any waste water works utility equipment shall, in addition to any other
penalty allowed by law, be held liable for the cost of repair to or the replacement of
the equipment or permit or cause to permit same, of the water works utility.
3.5
DISPOSAL OR DISCHARGE OF WASTE WATER
3.5.1 No person shall discharge or deposit or cause or permit the discharge or deposit of
any matter or substance of a kind listed below in any manner into the waste water
utility without the written consent of Council:
a) Matter of any type or at any temperature in any quantity which may be or may
become a health or safety hazard to a waste water employee, or which may be
or may become harmful to the waste water utility, or which may cause the
waste water utility effluent to contravene any requirement of Federal or
Provincial Legislation including but not limited to, the Ontario Water Resources
Act R.S.O. 1990 c.0.40, as amended or the Environmental Protection Act
R.S.O. 1990 c.E.19 as amended, or the Nutrient Management Act, S.O 2002,
as amended, or which may cause the sludge from sewage works to fail to meet
the criteria relating to contaminants for spreading sludge on agricultural lands
under Ontario's Guidelines for Sewage Sludge Utilization on Agricultural Lands
(as revised January 1986) unless the person has been advised in writing by the
operator of the waste water utility the sludge from the waste water utility will not
be used on agricultural lands, or will not interfere with the proper operation of a
waste water works, or will not impair or interfere with any sewage treatment
process, or which is, or will not result in a hazard to any person, property or
vegetation.
3.5.2 Section 3.5.1 does not apply to prevent the discharge of waste disposal site
leachate when:
a) The waste disposal site leachate is being discharged in conformance to a
certificate of approval or order relating to the premises under the Environmental
Protection Act R.S.O. 1990 c. E.19 as amended or the Ontario Water
Resources Act R.S.O. 1990 c.0.40 as amended which expressly authorizes the
discharge;
b) The owner or operator of the premises has written approval from the
municipality which expressly authorizes the discharge from the premises; and
c) A copy of the certificate of approval or written authorization referred to in clause
3.5.2(a) has been provided to the municipality
3.5.3 Section 3.5.1 does not apply to prevent the discharge of hauled sewage when:
a) The carrier of the hauled sewage is a waste transportation system under a
license issued under Part VII of the Environmental Protection Act R.S.O. 1990
c. E.19 as amended;
b) The carrier has written approval from the municipality which includes a
specified time and location for the discharge; and
c) The discharge occurs at the approved time, location, and in conformance with
the said license or approval.
3.6
AGREEMENTS
3.6.1 The discharge or deposit of sewage that would otherwise be prohibited by this By-
law may be permitted into, or in any connection to any sanitary sewer or other part
of the waste water utility to an extent fixed by agreement with the Municipality
under such conditions with respect to payment of additional sewage rates or
otherwise as may be necessary to compensate for any additional costs of
operating and maintaining the sewage works.
3.6.2 Agreements to discharge overstrength waste to the sanitary sewer main or other
part of the waste water utility will only be considered by the Municipality where
pretreatment of such waste either due to quality or quantity is not deemed
necessary by the municipality.
3.6.3 An agreement can only be made for the discharge of suspended solids,
biochemical oxygen demand and phosphorus.
3.6.4 Any person permitted by the municipality to discharge overstrength waste shall
sign an agreement and shall at all times comply with the provisions set out in said
agreement.
3.6.5 A person who has entered into an agreement with the municipality shall not be
prosecuted pursuant to this by-law by reason, only that said discharge is not in
conformance to other sections of the by-law, providing the discharge and all other
conditions of the agreement have been and continue be in accordance with
agreement for the discharge or deposit of sewage.
3.7
SPILLS
3.7.1 Every person who discharges or deposits or causes or permits the discharge or
deposit of waste water in a location other than a waste water utility is required to
forthwith notify the Public Works Department.
3.7.2 Such notification shall include the following information:
a) Name of the person or company and the address of the location of the spill
b) Name of the person reporting the spill and the telephone number where that
person can be reached
c) Time of the spill
d) Type and volume of material discharged and any associated hazards;
e) Corrective actions being taken to control the spill; and
f) Confirmation that the Ministry of Environment has been notified, if required.
PART IV
4.0
APPEALS
4.1
APPEAL TO REVIEW COMMITTEE- A DECISION OF THE DIRECTOR OF
PUBLIC WORKS OR TREASURER
4.1.1 Where an owner has a dispute over an interpretation or application decision(s), of
the Treasurer or Director, the owner may submit a request in writing to the Clerk
that the decision with respect to the matter be reviewed by the municipality.
a) The above review process does not apply where the owner of property has
received an Order of the Director to either cease an activity or to perform
required works; these matters must be reviewed by the Appeal Tribunal as set
out in Section 4.2 below.
b) Notwithstanding the above, where a request to review a decision has been
properly submitted and is awaiting that review, such review will be suspended
where charges have been laid in matters that concern or could concern the
subject of the review request.
c) Where a "review" request is suspended, the requester can ask for the matter to
be re-instated for a decision, when the court matters are concluded and the
period for an appeal of that decision has passed.
4.1.2 Provided that such request is received in writing by the Clerk within seven (7) days
of receipt of the decision on the matter, then the following appeal process shall be
followed:
a) The Clerk shall provide the request to the Chief Administrative Officer (CAO) who
shall request a report on the matter from the appropriate staff member.
b) Upon receipt of the staff report, the CAO shall convene a meeting of the Director of
Public Works or designate and Treasurer or designate (hereinafter 'the Review
Panel') to review the request and the staff report on the matter. The person
initiating the request may be asked to attend the meeting if additional information
is required.
c) The Review panel may refuse the request, may grant the request, or may arrive at
a mutually agreeable solution. If the Review Panel refuses the request, the owner
may request a hearing before the Public Works section of Coordinated Committee
or as otherwise directed by Council.
d) The CAO shall notify the owner of the Review Panel's decision in writing
explaining the particulars of the decision and informing the owner of the owner's
right to request a hearing before the Public Works section of Coordinated
Committee, provided that such request is received by the CAO in the manner and
within the time allowed.
e) A request for a hearing before the Public Works section of Coordinated Committee
must be made in writing to the CAO and be received within seven (7) days of
receipt of notification of the Review Panel's decision.
f) On proper receipt of a written request for a hearing from the applicant, the CAO
shall schedule a hearing before Public Works section of Coordinated Committee
and shall give the owner reasonable written notice of the date, time and place of
the hearing.
g) Any written notice required to be given by the CAO shall be deemed to be received
five (5) days following Registered mailing of such notice to the last address given
by the owner to the Treasury Department.
h) Any hearing conducted by the Public Works section of Coordinated Committee
under this By-Law shall be conducted pursuant to the regular practices and
procedures as determined and amended from time to time, by Council.
i) When an owner who has been given written notice of the hearing does not attend
the appointed time and place, the Appeal will be deemed to have been abandoned
and the pre-appeal decision of the review panel confirmed.
j) At the conclusion of a hearing, the Public Works section of Coordinated Committee
shall summarize the relevant evidence and arguments presented by the parties to
the hearing, and then state its decision on the matter. The decision of the Public
Works section of Coordinated Committee, or where this appeal is abandoned the
Review Panels' decision, shall be final.
4.2
APPEAL -DIRECTOR'S ORDER
4.2.1 Where the owner of the property has received a Director's Order to either cease a
contravening activity or to perform required works, or both; such an appeal shall be
heard by the Appeal Tribunal or other body authorized by Council.
PART V
5.0
SERVICE REQUESTS
5.1
REQUEST FOR SERVICE CALL
5.1.1 Every owner or consumer, subject to section 5.12, upon discovery of a blocked
sewer shall forthwith cause a licensed plumber to be hired to determine the cause
of the blockage.
5.1.2 If the owner reasonably believes that the blockage may be on municipal property,
then as an alternative to the requirement of Section 5.1.1 of this by-law, they may
call the Public Works Department or the answering service and request a service
call.
5.1.3 The owner will not be charged to determine the cause of the blockage unless it is
subsequently determined that the blockage is on property belonging to the owner,
in which case the owner shall be assessed the fee set out in the "Fee Schedule",
as amended from time to time.
5.1.4 If the blockage can be easily removed immediately following detection with
minimal effort and expense, even though it is on private property, it shall be
removed by a water works employee without charge.
5.1.5 There shall be no charge for removal of a blockage in the portion of the sanitary
sewer lateral that is on the municipality's property.
PART VI
6.0
LOANS
6.1
LOANS FOR WATER/SEWER CONNECTION COSTS
6.1.1 The municipality may enter into a loan agreement respecting private property for
the costs of connecting to municipal Water Work and/or Waste Water Utilities.
6.1.2 Subject to the provisions of the Municipal Act, 2001, where the owner of a property
within The Corporation of the Town of Wasaga Beach is required to make a
connection to a watermain or sanitary sewer, the owner of the property may apply
to The Corporation of the Town of Wasaga Beach for a loan in an amount not
exceeding the costs of making such a connection including the cost of all such
supplies and equipment such as sanitary sewage pumps and water meters.
6.1.3 The Treasurer shall review such applications and, if satisfied, may, subject to the
terms and conditions applicable; authorize a loan from The Corporation of the
Town of Wasaga Beach to the applicant in an amount determined by him/her for
the making of the connection.
6.1.4 The loan shall only be used to make the required connections and shall only be
advanced after the applicant has:
a) made the connection; and
b) provided evidence of the actual costs of making the connection.
6.1.5 The terms and conditions applicable to such loans are as follows:
a) the maximum term shall be for a period of ten (10) years;
b) the interest rate shall, subject to section 446 (5) of the Municipal Act, 2001 be
determined by the Treasurer, but shall generally be consistent with the rate
available to the Corporation of the Town of Wasaga Beach through its fiscal
agents for 10 year debentures at the time the loan is made; and
c) where the registration of documentation is necessary to secure repayment of the
loan, the registration of such documentation is a pre- condition to advancing the
loan funds.
PART VII
7.0
RATES AND FEES
7.1
WATER RATES AND FEES
7.1.1 Every person shall hire a contractor acceptable to the Director to install water
service from the water main to the curb stop inclusive. The cost of installing each
new water service, or replacing, or upgrading an existing water service from the
water main, regardless where the water main is located, to the curb stop inclusive
shall be borne by the owner of the property in which the water service is being
installed. A road occupancy permit must be obtained prior to any work being
initiated on any municipal rights-of-way and all applicable fees shall be paid by the
owner.
7.1.2 The prices, rates or charges for the use of water supplied to consumers from the
said water works utility, and for the disposal of wastewater to a wastewater works,
and any other costs or charges, for management, maintenance, installation or
otherwise, in connection with or for supplying and collecting and treating same,
(hereinafter called the "rates"), shall be determined from time to time by the
municipality as set out in the current Fee Schedule.
7.1.3 Every person shall pay the fee as described in the Fee Schedule for turning the
water supply on or off to a private or public water service, other than a new water
service.
7.1.4 The owner of a new house, who has paid a fee to the municipality for a water
meter under Section 2.5, is responsible for the proper installation of the water
meter in accordance with Section 2.5.15 of this By-Law.
7.1.5 Every owner shall pay a water meter activation fee as described in the Fee
Schedule.
7.1.6 At the time of a change of ownership of any premises to which water is supplied,
an administrative charge as shown in the Fee Schedule of this by-law will be levied
by the Town to the new consumer to cover the cost of administration work and the
said charge will be included on the first billing to the new consumer.
7.1.7 No person shall water lawns, gardens or fill or partially fill swimming pools or other
similar structures except during permitted times.
7.1.8 No person shall use water from the water works utility without paying all rates
including the rates chargeable for the supply of water under this By-Law ("water
service rates"), and the rates chargeable for the discharge of wastewater
("wastewater service rates"), as described in the Fee Schedule.
7.1.9 Where any account for the installation of water service, for supplying and
inspecting a water meter, for repairs, fittings and apparatus, for inspection or for
any other service, matter or thing incurred and payable under the provisions of this
By-Law in respect of any building or premises, is overdue and unpaid for more
than thirty days after the date on which such account is due and payable, the
Treasurer may cause a notice in writing to be sent by prepaid mail addressed to
the consumer to whom it was furnished and to the owner of such building or
premises, at their last known address according to the last revised assessment
rolls of the municipality, notifying them that unless such account is paid within ten
days after the date of the notice, the supply of water to such building or premises
will be shut off and withheld, and if such account is not paid within the
aforementioned period, the Treasurer shall advise the Director of such failure who
shall cause the supply of water to be shut off and withheld in accordance with the
terms of the said notice.
7.1.10 Where any account for fees, rates, or other charges under the provisions of this
By-Law in respect of any commercial, industrial, institutional or residential building
or dwelling is overdue and unpaid for more than thirty days after the date on which
such account is due and payable, the Treasurer shall cause a notice in writing to
be sent by prepaid mail addressed to the consumer and to the owner of such
building or dwelling, at his/her last known address according to the last revised
assessment rolls of the municipality, notifying them that unless such account is
paid within ten days after the date of the notice, the supply of water to such
building or premises will be shut off and withheld, and if such account is not paid
within the aforementioned period, the Treasurer shall advise the Director of such
failure, who shall cause the supply of water to be shut off and withheld in
accordance with the terms of the said notice.
7.1.11 The amounts payable under the terms of this By-Law to the municipality by a
consumer for any commercial, industrial, institutional or residential building or
dwelling is the responsibility of the consumer. The amount payable for all fees,
rates, and charges established hereunder is a lien and charge upon the estate to
interest in such land of the person by whom the amount is due, and may be
collected by distress upon the goods and chattels of the person and by the sale of
the person's estate and interest in the lands and in the case of an amount payable
by the owner of lands, the amount is a lien and charge upon the lands in the same
manner and to the same extent as municipal taxes upon land.
7.1.12 The Clerk of the municipality shall, upon notice to him or her of the amount due
and of the person by whom it is due and of the lands upon which a lien is claimed,
enter the amount upon the collector's roll and the collector shall proceed to collect
the amount from the goods and chattels and the estate or interest in the lands of
the person liable in the same way, or as nearly as may be, as municipal taxes are
collected.
7.1.13 The municipality before taking proceedings under Section 57, may itself distrain
the goods and chattels of the person liable to pay for the amount due for any water
service or wastewater service supplied to the person.
7.1.14 In the event that the municipality shuts off the supply of water, all fees, rates and
penalties then in default are, nevertheless, recoverable and payable.
7.1.15 Where the supply of water cannot be shut off without shutting off the supply to
other consumers who are not in default, the supply of water shall not be shut off,
but the rents, rates and charges shall be, nevertheless recoverable.
7.2
WASTE WATER RATES AND FEES
7.2.1 Every person shall hire a contractor acceptable to the Director to install a sanitary
sewer lateral from the property line to a building or other structure. The cost of
installing each new sanitary sewer lateral, or replacing, or upgrading an existing
sanitary sewer lateral from the sanitary sewer main into the building shall be borne
by the owner of the property on which the installation, replacement or upgrade
occurs. A road occupancy permit must be obtained prior to any work being
initiated on any municipal rights-of-way and all applicable fees shall be paid by the
owner.
7.2.2 The prices, rates or charges for the discharge of waste water to a waste water
utility, and any other costs or charges, for management, maintenance, installation
or otherwise, in connection with or for supplying and collecting and treating same,
(hereinafter called the "rates"), shall be determined from time to time by the
municipality and set out in the Fee Schedule.
7.2.3 No person shall discharge waste water to the waste water utility without paying for
all services set out in Section 7.3, at the appropriate fee set out in the Fee
Schedule.
7.2.4 Where any account for the installation of a waste water service, for repairs, fittings
and apparatus, for inspection or for any other service, matter or thing incurred and
payable under the provisions of this By-Law in respect of any building or premises,
is overdue and unpaid for more than thirty days after the date on which such
account is due and payable, the Treasurer may cause a notice in writing to be sent
by prepaid mail addressed to the consumer to whom it was furnished and to the
owner of such building or premises, at their last known address according to the
last revised assessment rolls of the municipality, notifying them that unless such
account is paid within ten days after the date of the notice, the supply of water to
such building or premises will be shut off and withheld, and if such account is not
paid within the aforementioned period, the Treasurer shall advise the Director of
such failure, who shall cause the supply of water to be shut off and withheld in
accordance with the terms of the said notice.
7.2.5 Where any account for fees, rates, or other charges under the provisions of this
By-Law in respect of any commercial, industrial, institutional or residential building
or dwelling is overdue and unpaid for more than thirty days after the date on which
such account is due and payable, the Treasurer shall cause a notice in writing to
be sent by prepaid mail addressed to the consumer and to the owner of such
building or dwelling, at his/her last known address according to the last revised
assessment rolls of the municipality, notifying them that unless such account is
paid within ten days after the date of the notice, the supply of water to such
building or premises will be shut off and withheld, and if such account is not paid
within the aforementioned period, the Treasurer shall advise the Director of such
failure, who shall cause the supply of water to be shut off and withheld in
accordance with the terms of the said notice.
7.2.6 The amounts payable under the terms of this By-Law to the municipality by a
consumer for any commercial, industrial, institutional or residential building or
dwelling is the responsibility of the consumer. The amount payable for all fees,
rates, and charges established hereunder is a lien and charge upon the estate to
interest in such land of the person by whom the amount is due, and may be
collected by distress upon the goods and chattels of the person and by the sale of
the person's estate and interest in the lands and in the case of an amount payable
by the owner of lands, the amount is a lien and charge upon the lands, and
collectible by the municipality in the same manner and to the same extent as
municipal taxes upon land.
7.2.7 The Clerk of the municipality shall, upon notice to him or her of the amount due
and of the person by whom it is due and of the lands upon which a lien is claimed,
enter the amount upon the collector's roll and the collector shall proceed to collect
the amount from the goods and chattels and the estate or interest in the lands of
the person liable in the same way, or as nearly as may be, as municipal taxes are
collected.
7.2.8 The municipality may also itself distrain the goods and chattels of the person liable
to pay for the amount due for any wastewater service supplied to the person.
7.2.9 In the event that the municipality shuts off the supply of water, all fees, rates and
penalties then in default are, nevertheless, recoverable and payable.
7.2.10 Where the supply of water cannot be shut off without shutting off the supply to
other consumers who are not in default, the supply of water shall not be shut off,
but the rents, rates and charges shall be, nevertheless recoverable.
7.3
SCHEDULE OF FEES- SCHEDULE A
7.3.1 All supply of Services pertaining to this by-law or supply of water, wastewater
services or other permits and/or fees, shall be set out in Schedule A, unless
otherwise approved in writing by the Director, and the associated fee or charge
shall be the fee or charge as set out in the current Town of Wasaga Beach Fees
and Charges By-law, as amended from time to time.
PART VIII
8.0
ENFORCEMENT
8.1
OFFICER DESIGNATED
8.1.1 A Police Officer, Municipal Law Enforcement Officer and the Director of Public
Works as designated by the Council of the Town of Wasaga Beach are hereby
vested with the authority to enforce this By-Law.
8.2
ENTRY ON LANDS, BUILDING, ETC.
8.2.1 The Municipality may, notwithstanding other specific powers granted by the
Municipal Act or other by-laws made thereunder, and subject to the requirement of
section 435 and the limitations set out in section 437 of the act, enter lands,
buildings and premises of any user, at reasonable times, more specifically;
a) enter on their land, buildings or common passage and install, construct and
maintain pipes, wires, equipment, machinery and other works;
b) enter on land to inspect, repair, alter or disconnect the service pipe or wire,
machinery, equipment and other works used to supply the public utility;
c) enter on land to inspect, install, repair, replace or alter a public utility meter;
d) enter on land to inspect the discharge of any matter into the sewage system
of the municipality or into any other sewage system the contents of which
ultimately empty into the municipal sewage system and may conduct tests
and take samples for this purpose;
e) enter on land to shut off the supply of the public utility; or to determine
whether the public utility has been or is being unlawfully used; remove any
property of the municipality;
f) to enter pursuant to by-law of Town of Wasaga Beach made under the
Authority of sec 436 of the Act;
g) enter on land to inspect the discharge of any matter into a land drainage
system of any person and may conduct tests and remove samples for this
purpose;
h) with reasonable notice, where required by the Act, enter a dwelling pursuant
to section 435, or a by-law made pursuant to section 436, 437, or where an
Order is issued under 438, or section 439 of the Act, notwithstanding that
where the Act states:
"437e) the delay necessary to obtain an order under section 438, to obtain a
warrant under section 439 or to obtain the consent of the occupier would
result in an immediate danger to the health or safety of any person," the
municipality may enter a dwelling.
8.3
OBSTRUCTION
8.3.1 No person shall obstruct or attempt to obstruct any Officer or other person, who is
exercising a power or performing a duty under this By-Law or any other Town of
Wasaga Beach By-Law or the Municipal Act, 2001, S.O. 2001, c. 25, as amended
or its predecessor.
8.3.2 Without limiting section 8.3.1, "Obstruct" includes:
a) to hinder or mislead;
b) to knowingly provide false information or make a false claim or statement;
c) to prevent, bar or delay or attempt to prevent, bar or delay entry or
inspection by an Officer, or any person under his or her direction;
d) to prevent, bar or delay or attempt to prevent, bar or delay any person,
including an Officer, from carrying out his or her duties or exercising his or
her powers, including but not limited to the removal of documents or things
relevant to the inspection, or the taking of any tests, samples or
photographs necessary for the purposes of the inspection;
e) to prevent, bar or delay or attempt to prevent, bar or delay any person,
including an Officer, from exercising his or her authority pursuant to an
order issued by a provincial judge or justice of the peace under Section 438
of the Municipal Act, 2001, S.O. 2001, c. 25, as amended; and
f) to fail to provide, upon request by an Officer, any information, documents or
things relevant to an inspection.
8.3.3 Without limiting sections 8.3.1 and 8.3.2, every person who is alleged to have
contravened any of the provisions of this Town of Wasaga Beach By-Law shall
identify themselves to an Officer upon request of the officer or other person
authorized to exercise a power or perform a duty under this by-law. Failure to do
so shall be deemed to have obstructed the Officer or other person in the execution
of his or her duties contrary to Section 8.3.1 of this By-Law.
8.4
ORDERS AND REMEDIAL ACTIONS
8.4.1 If an Officer is satisfied that a contravention of any By-Law has occurred, the
Officer may make an order requiring the person who contravened the By-Law to
discontinue the contravening activity, known as an Order to stop work, requiring
the person who contravened the By-Law, or who caused or permitted the
contravention, or the owner or occupier of the Land on which the contravention
occurred, to discontinue the contravention.
8.4.2 An Order issued pursuant to this section shall be referred to as s Director's Order
to stop work.
8.4.3 A Director's Order to stop work issued under subsection 8.4.1 shall set out,
a) reasonable particulars of the contravention adequate to identify the
contravention and the municipal address on which the contravention
occurred;
b) the date and time by which there must be compliance with the order; and
8.4.4 No Person shall fail to comply, in whole or in part, with an order issued under this
section, to stop work.
8.4.5 If an Officer or the Director is satisfied that a contravention of this By-Law has
occurred, the Officer or Director may make an Order requiring the person who
contravened the By-Law to do work to correct the contravention, known as a
Director's Order to Perform Work.
8.4.6 A Director's Order to Perform Work under the above section shall set out,
a) reasonable particulars of the contravention adequate to identify the
contravention and the municipal address of the property on which the
contravention occurred;
b) the work to be done and the date and time by which the work must be done;
and
8.4.7 A Director's Order to Perform Work under the section above may require work to
be done even though the facts which constitute the contravention of the By-Law
were present before this By-Law making them a contravention came into force.
8.4.8 No Person shall fail to comply, in whole or in part, with an order issued under this
section to Perform Work.
8.5 APPEAL COMPLIANCE DATE- ONLY
8.5.1 Every owner of property, who receives an Order under this section and wishes to
appeal part or all of its contents, except to request more time to comply as set out
below, may file an appeal in a manner as required in PART IV APPEALS, Section
4.2.
a) Where a person does not object to the particulars of the Order but only wishes to
appeal to "Compliance Date", as set out; they may request the Director amend the
Order by making such request, in writing, to the Director within 7 days of receiving
the Order.
b) Where a person has received an Order and has made an appeal under the
8.5.1(a), the time to file a formal appeal under Section 4.2 shall be amended to
include the additional days required to receive a decision from the Director in
writing under Section 8.5.1(a).
c) Where a person receiving an Order has been granted an extension pursuant to an
appeal under 8.5.1(a) above, of the Compliance Date or received a new Order with
the amended Compliance Date, the period of time to appeal that extension/Order
under Section 4.2, shall commence on the "deemed" day the decision has been
received in writing.
d) Where a person receiving an Oder has not been granted an extension pursuant to
an appeal under 8.5.1(a) above, to Compliance Date, or received a new Order with
an amended Compliance Date, the period of time to appeal that original Order
under Section 4.2 shall commence on the "deemed" date that decision is received
in writing from the Director.
e) Where the Director receives a Request to extend time for compliance, the Director
having regard for the purpose and intentions of the By-law and assessing all
circumstances presented in the written request, may extend the time for
compliance of all or part of the Order or may issue a new Order(s) to effect that
decision.
f) The Directors decision shall be communicated in writing to the address on file with
the tax department.
g) Such decision outlined in Section 8.5.1(f) above, shall be deemed served on the
5th day after being sent via Registered mail.
PART IX
9.0
OFFENCE
9.1
OFFENCES- GENERAL
9.1.1 Any person who fails to comply with any requirement or provisions of this By-law
or causes any other person to fall to comply with any requirement or provision of
this By-law, is guilty of an offence and is subject to such fines and penalties
authorized pursuant to the Municipal Act, 2001 S.O. 2001, c.25, as amended.
9.1.2 Any director or officer of a corporation who knowingly concurs in the contravention
of any provisions of this By-law is guilty of an offence and is subject to such fines
and penalties authorized pursuant to the Municipal Act, 2001, S.O.2001,c.25 as
amended.
9.1.3 Any person who contravenes an order authorized by the municipality under section
445(1) of the Municipal Act, and Section 8.4 of this By-law, is guilty of an offence
pursuant to the Municipal Act.
9.2
OBSTRUCTION OFFENCES
9.2.1 Any person who obstructs an Officer or those persons authorized to perform a duty
under this by-law, is guilty of an offence and shall, upon conviction, be liable to a
minimum fine of $300.00 dollars and to a maximum fine as permitted by the Act.
PART X
10.0
SYSTEM OF FINES
10.1 SYSTEM OF FINES
10.1.1 For the purpose of establishing a system of fines, as set out in subsection 429(2)
of the Act, Section 10.2, 10.3, 10.4. 10.5, 10.6 and 10.7 apply to a system of fines.
10.2 REQUIRED EQUIPMENT (CONNECTION) OFFENCES
10.2.1 Where an offence of failure to connect to an available sewer utility or water utility,
pursuant to PART I (CONNECTIONS), continues for more than one day without
said connection being made, the second day shall be considered an additional
offense and shall also then be considered a continuing offense from that day
forward, and each day of contravention shall be a minimum fine of $100 dollars per
day to a maximum fine of $100,000 dollars, or as otherwise permitted by the Act.
10.3 REQUIRED EQUIPMENT (OTHER) - OFFENCES
10.3.1 Except as provided for in 10.2 above, the following applies;
a) where the offence of failure to properly install, operate, or maintain specific
equipment required by the By-law occurs and is;
i)
uninterrupted
ii)
pertains to one connection or pipe that attaches or leads directly or
indirectly to a "sewer works", and
iii)
continues for more than one day,
it shall be deemed to be a continuing offence, and the minimum fine for each day
of failure to properly install/operate or maintain required equipment shall be $25.00
dollars per day, to a maximum fine of $25,000 dollars or as permitted by the Act.
b) where the offence of failure to properly install, operate, or maintain specific
equipment;
i)
interrupted or intermittent during the period, or
ii)
occurs at multiple locations on the property, or
iii)
has multiple connections or pipes that attach or lead directly or
indirectly to a "sewer works", or
iv)
resumes use after being instructed by the Director or other
authorized municipal employee to cease use of the interceptor.
each event, location, connection or pipe or failure to comply with instructions,
shall be considered multiple offences, and each offence of failure to property
install, operate or maintain required equipment shall be $50.00 dollars each, per
day, to a maximum fine of $50,000 dollars or as permitted by the Act.
10.4 PROHIBITED DISCHARGE - OFFENCES
10.4.1 where the offence of prohibited discharge occurs and is;
a)
uninterrupted, and
b)
from one connection or pipe, and
c)
at one fixed location, and
d)
continues for more than one (1) hour
it shall be deemed to be a continuing offence, and the minimum fine for each
hour of prohibited discharge shall be $300.00 dollars per hour, to a maximum of
$100,000 dollars, or as otherwise permitted by the Act.
10.4.2 where the offence of prohibited discharge occurs and is;
a)
interrupted or intermittent during the period, or
b)
emanates from multiple connections or pipes, or
c)
occurs at multiple locations on the property, or
d)
resumes after being instructed by the Manager or any authorized person, to
cease discharging,
each event, location, connection or pipe, or failure to comply with instructions shall
be considered multiple offences and each offence shall have minimum fine of $300
dollars each, per day to a maximum of $100,000 dollars, or as otherwise permitted
by the Act.
10.5 REPORTING/MONITORING- OFFENCES
10.5.1 where the offence of failure to comply with reporting or monitoring requirements
occurs, and is;
a)
ongoing, uninterrupted, and
b)
in relation to one specific requirement of the By-law to report or a report
requested by the Manager, and
c)
pertains to one fixed location, and
d)
continues for more than one day, it shall be deemed to be a continuing offence,
and the minimum fine for
e)
each day of failure to comply with reporting or monitoring requirements shall
be $100.00 dollars per day to a maximum of $100,000 dollars, or as permitted
by the Act.
10.5.2 where the offence of failure to comply with reporting or monitoring requirements
occurs, and is;
a)
for more than one specific requirement of the By-law to report or the more than
one report requested by the Manger, or
b)
pertains to more than one connection or pipe on the same specific property, or
c)
pertains to multiple locations on the same specific property, or
d)
in relation to multiple events on a specific property that occur on the same day
but which are interrupted or intermittent,
each event, report or monitoring required or requested, connection or pipe,
location shall be considered multiple offence and each offence shall have a
minimum fine of $100.00 dollars each, per day to a maximum of $100,000 dollars,
or as otherwise permitted by the Act.
10.6 SPECIAL FINES
10.6.1 Where any person or corporation has contravened this By-law and has gained any
economic advantage as a result, then, in addition to the regular fines imposed, a
special fine may be imposed in a dollar amount that would eliminate or reduce any
estimated economic advantage, as set out in section 429 of the Act.
10.7 ORDER- DEFAULT- TAX ROLL
10.7.1 Where a person is required by a By-law of the municipality or an order to follow
directions contained in the order, and the person is in default, the municipality may
enter upon land at any reasonable time for the purpose of correcting the default
and all costs shall be at the person's expense and may be added to the tax roll for
that property with priority lien status.
PART XI
11.0
SCHEDULES
11.1 SCHEDULES INCLUDED
11.1.1 Schedule A attached hereto shall form part of this By-Law.
PART XII
12.0
VALIDITY AND SEVERABILITY
12.1 VALIDITY AND SEVERABILITY
12.1.1 Every provision of this By-Law is declared to be severable from the remainder of
the By-Law, and if any provisions of this By-Law shall be declared invalid by a
court of competent jurisdiction, such declaration shall not affect the validity of the
remainder thereof.
PART XIII
13.0
CONFLICT
13.1 CONFLICT WITH OTHER BY-LAWS
13.1.1 Where the provision of any other by-law, resolution or action of Council are
inconsistent with the provisions of this by-law, the provisions of this by-law shall
prevail.
PART XIV
14.0
REPEAL
14.1 REPEAL
14.1.1 The following By-laws and any amendments thereof, including: #81-16, #81-17,
#2004-77, #2005-25, #2009-23, #2009-38, #2010-52, #2010-62, #2011-125,
#2012-56, #2012-65, #2012-101 and #2014-20 in their entirety, and, unless
otherwise repealed fully by another by-law, are hereby repealed , but only to the
extent they would now create a conflict or be inconsistent with this by-law, and
such other section(s) shall remain in force that authorized actions or activities in
the past as they related to the matters here, now regulated, and this shall be in
effect on the date of passage of this by-law.
PART XV
15.0
EFFECTIVE DATE
15.1 EFFECTIVE DATE
15.1.1 This By-Law shall come into force and take effect on the date of its final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24th DAY
OF MAY, 2016.
________________________
Brian Smith, Mayor
________________________
Holly Bryce, Town Clerk
SCHEDULE OF FEES- SCHEDULE A
WATER & WASTEWATER
This Schedule sets out the services, permits and costs payable for the Municipality
providing or undertaking such service and associated costs.
In this Schedule "FCB" shall mean the associated Fee set out in the current Fees and
Charges By-law of the Town of Wasaga Beach.
General
For residential and non-residential consumers using municipal water without a water
meter, the annual flat rate charge per unit for water/wastewater will be $FCB.
The unit rate for non-residential customers will be based on the unit count as determined
by By-Law #2005-11.
For the purpose of partial billings, the base supply charge will be calculated based on the
bimonthly billing period of 61 days except for the period from January-February where
that time period will be recognized as 60 billing days. During a Leap year, January -
February will be recognized as 61 billing days.
Upon the Building Department's successful ("passed") inspection of a water service
connection, the temporary construction rate (noted above) shall commence being
charged to the property.
Third Time Inspection Fee
A third time inspection fee of $FCB will be charged if Public Works staff attends the same
property for the same complaint upon a third visit.
Improper Installation
An incentive rate shall be charged for the improper installation of a meter or installation
of a non- functioning meter. The incentive rate shall be double the base rate and shall
be charged to the property one month after the municipality has verified the improper
installation.
Flat Rate Charge
For a single family residential unit, where the Town has determined a meter cannot be
installed for any reason, a flat water and sewer rate will be charged based on current
rates applied against an average level of household consumption.
Penalty and Addition to Tax Rolls
Pursuant to the Municipal Act 2001, S.O. 2001, c.25, Section 345 and Section 398, and
O. Reg. 581/06, any amount unpaid on an account upon the due date which the accounts
are rendered may be added to the tax rolls and charged FCB% per month interest.
OTHER WATER & WASTEWATER FEES FEE
Bulk Water Rates FCB per m3
Local Improvements
Connections are provided for every 50 feet - should a land owner refuse at the time of construction and
the project is complete with paved roads, an extra connection fee of $FCB will be charged plus the costs
of the actual connection.
WATER & WASTEWATER METERED CHARGES
(Fees below subject to amendment - please see current By-Law)
The owner or occupant of any premises to which water is supplied by the municipality shall pay the
following rates whether such owner or occupants use the water or not:
Monthly Base Supply charge (based on size of water service)
Residential
Non-Residential
Service Size
19 mm
(.75")
25 mm
(1")
40 mm
(1.5")
50 mm
(2")
63 mm
(2.5")
75 mm
(3")
100 mm
(4")
150 mm
and over
(6")
Water
$ FCB
$ FCB
$ FCB
$ FCB
$ FCB
$ FCB
$ FCB
$ FCB
Wastewater
$ FCB
$ FCB
$ FCB
$ FCB
$ FCB
$ FCB
$ FCB
$ FCB
Monthly Per Unit Base Charge for Lifestyle / Condominium Communities
Water
$
FCB
Wastewater
$ FCB
The base charge for water and/or wastewater to a single family residence zoned as residential will be
equivalent to the charge for a 19mm (.75") service size regardless of the size of the service.
Consumption Rates per cubic meter
Water (Per m3)
$ FCB
Wastewater (Per m3)
$ FCB
Construction Rate
$ FCB per month
Service Size
19 mm
(.75")
25 mm
(1")
40 mm
(1.5")
50 mm
(2")
63 mm
(2.5")
75 mm
(3")
100 mm
(4")
150 mm
and over
(6")
Water
$ FCB
$ FCB
$ FCB
$ FCB
$ FCB
$ FCB
$ FCB
$ FCB
Wastewater
$ FCB
$ FCB
$ FCB
$ FCB
$ FCB
$ FCB
$ FCB
$ FCB
WATER, SEWER & DRAINS
Water & Sewer Service Calls
Normal Working Hours (1 hr minimum)
$ FCB per hour + materials
After Hours (2 hr minimum)
$ FCB per hour + materials
Water Turn-Off & Turn-On for Non Payment
$ FCB each
Water Turn-Off & Turn-On - Normal Working Hours
$ FCB each
Water Turn-Off & Turn-On - After Hours
$ FCB each
Residential Water Meter (includes touch pad, wire and tail pieces)
19mm dia.
$ FCB
25mm dia.
$ FCB
Water Meter Transmitter
$ FCB
Water Meter Activation fee
$ FCB
Water Meter Touch Pad
$ FCB
Water Meter Wiring
$ FCB per 15 metres (50 ft)
Water Meter Tail Pieces
$ FCB
Curb Stop Adjustment/Extension (1 hr minimum)
$ FCB for material + labour
FEE
Inspection and Permit Fees As Per Building Department Fees & Charges
Watermain Extension
$ FCB
(including amendment to Water License)
Sewer Extension
$ FCB
(MOE Sewer Application Process -Transfer of Review)
Water Meter Bench Test
All costs
Hydrant Meter Hook-up Deposit
$ FCB
(Consumption volume is deducted from deposit at applicable rate)
Hydrant Gate Valve Hook-up Deposit
$ FCB
Vactor Truck Rental (flushing, vacuuming, clearing)
$ FCB per hour
Normal Working Hours (1 hr minimum)
After Hours (2 hr minimum)
Vactor Truck Disposal Fee $ FCB per 1,000 Gallons
CCTV/Camera (Sewers) $ FCB per hour
Normal Working Hours (1 hr minimum)
After Hours (2 hr minim