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HomeMy WebLinkAboutTWP 98 005 Agree - BG Health Un thE CORPORATION ~ THE TOWNSHIP OF KINCARDINE BY-LAW 98-05 Being a By-Law to authorize the signing of an Agreement with The Bruce-Grey-Owen Sound Health Unit. WHEREAS the Council for The Corporation of The Township of Kincardine deems it advisable to enter into an Agreement with The Bruce-Grey-Owen Sound Health Unit for the purpose of delegating certain responsibilities under the Building Code Act with respect to sewage systems (with a capacity of less than 10,000 litres per day) to the Health Unit. NOW THEREFORE The Council of the Corporation of the Township of Kincardine Enacts As Follows: 1.0 That the Corporation for the Township of Kincardine enter into an Agreement with the Bruce-Grey-Owen Sound Health Unit for the purpose of delegating certain responsibilities under the Building Coder Act with respect to sewage Systems (with a capacity of less than 10,000 litres per day) to the Health Unit. 2.0 That the term of the Agreement shall be as set out in Section 7.01, 7.02 and 7.03 of the Agreement. 3.0 That the Reeve and Clerk-Treasurer are hereby authorized to sign, on behalf of the Council for the Corporation of the Township of Kincardine, the Agreement with the Bruce-Grey-Owen Sound Health Unit which is attached to this By-Law and to affix the Corporate Seal of the Township of Kincardine. 4.0 This By-Law shall come into full force and effect upon its final passage. 5.0 This By-Law may be cited as the "Sewage Systems Management Agreement By-LawN. Read a First, Second and Third Time this J..Md~ day of March 1998 CORPORATION OF THE TOWNSHIP OF KINCARDINE ~..~ Gordon Jell Reeve - . t3-r1:¡- æf¡,J¡1~ ",) jÙ~) MUriel P. Eskrick Clerk-Treasurer ..,--. .:::. :" . . ~. '" - - ~ "" W'o -'-.." - . . . . . TOWNSHIP OF KINCARDINE OFFICE OF THE CLERK·TREASURER TEL: 519-396-8100 FAX: 519-396-8432 March 5,1998 MURIEL P. ESKRICK BOX 14 R.R. 5, KINCAROINE, ONT. N2Z 2X6 COPy Clayton P. Wardell Director, Health Protection Bruce-Grey-Owen Sound Health Unit 920 - 1st Ave. W. Owen Sound, ON N4K 4K5 Dear Sir: RE: Sewage System Management Agreement Enclosed please find one signed copy of the above-mentioned agreement and the enabling by-law. We trust this is the information you require. Sincerely, TOWNSHIP OF KINCARDINE ~,a.J ¡¡~ Thelma Helm Deputy Clerk-Treasurer TH:clr Enclosures , .. , , " , . . . - . . SCHEDULE A 1998 FEE SCHEDULE SEWAGE SYSTEM MANAGEMENT AGREEMENT Activity or Item Fee Permits Qus 4 - new or replacement system Qus 4 - Tank replacement only Qus 4 - leaching bed repair Class 4A - all Qus 5 - all Clus 5A - all Class 6 - new systems Qus 6 - repair Qus 6A - all $350 $150 $%50 $850 $350 $850 $350 $%50 $850 Reviews & Assessments Subdivision - each individual lot Severance Application Official Plan Amendment Zoning Amendment Minor Variance Niagara Escarpment Commission Applintion Building Alteration Property Inquiries/file searches Property Inquiries/tile searches plus copy of Application or Permit Copy of Application or Permit Consulting Fee - hourly rate Consulting Travel Expenses - per km $185 $130 $150 $115 $135 $UO $90 $75 $85 $10 $55 $0.30 Definitions: Class 4 means a septic tank system up to 4,500 litreslday Class 5 means a holding tank system up to 4,500 litreslday CI~.. 6 means a proprietary aerobic sewage treatment plant up to 4,500 litres per day Class 4A. 5A or 6A means a sewage system of the type stated that is over 4,500 and less than 10,000 litres/day Consultinl!: includes but is not limited to requests for services not normally covered in the fee schedule or by regulation. Examples are: surveys, pre-assessments of lots or sewage systems prior to submission of pennits or applications, and meetings requested by the clients. Page 6 of6 " . . "'$- . . . . SEWAGE SYSTEM MANAGEMENT AGREEMENT This Agreement dated as of the 16 day of February, 1998 BETWEEN: Board Of Health For The Bruce-Grey-Owen Sound Health Unit (hereinafter called the "Health Unit") OF THE FIRST PART -AND- Corporation of the Township of Kincardine (hereinafter called the "Municipality") OF THE SECOND PART WHEREAS this Agreement is being entered into pursuant to the Building Code Act (hereinafter called the" Act"), for the purpose of delegating to the Health Unit certain responsibilities under the Act and the Building Code, as they are from time to time amended, as set out herein with respect to sewage systems (with a capacity ofless than 10,000 litres per day); NOW THEREFORE IN CONSIDERATION of the mutual covenants herein contained, the parties hereto hereby agree as follows: GENERAL Section 1.01 Application: This Agreement shall be applicable to all lands where no municipal owned/operated sewers are available in the Municipality (hereinafter called the "Lands"). Section 1.02 Duties: I. The Health Unit shall faithfully carry out its duties hereunder in accordance with, the Act and the Building Code in force rrom time to time, this Agreement, and any other legislation contemplated hereunder. II. The Municipality shall faithfully assist the Health Unit, as may be reasonable, in the performance ofils duties herein, Page 1 of6 - . . . . ~, , . . DEFINITIONS Section 2.01 In this Agreement, i. "Sewage System": means any sewage works with a capacity ofless than 10,000 litres per day ii. "Inspector" means an inspector appointed pursuant to the Building Code Act; 1992 as amended; SERVICES OF THE HEALTH UNIT Section 3.01 Services: The Health Unit shall provide the following services: i. Process applications relating to sewage systems, complete the required inspections and issue permits under the Act and Building Code. ü. The following documents and applications circulated to the Health Unit will be reviewed, inspectioll$ completed where appropriate, and comments provided to the circulating department, committee, municipality, or body: Subdivisions Severance Official Plan Amendment Zoning Amendment Minor Variance Niagara Escarpment Commission Application Building Alteration iü. Maintain adequate records of all documents and other materials used in performing the duties required under this Agreement. iv. Investigate complaints and malfunctioning Sewage Systems, undertake compliance counselling and preparation of reports for abatement action as it relates to existing and proposed Sewage Systems. v. Issue orders under the Act or The Health Protection and Promotion Act relating to Sewage Systems. vi. Prepare documentation necessary for prosecution activities relating to Sewage Systems under the Act and the Building Code, Administer proceedings relating to Sewage Systems pursuant to the Provincial Offenses Act, R.S.O. 1990, c. P.33. vii. Any other matters related to the administration or enforcement of the Act or Building code relating to Sewage Systems. Page 2 of6 . . FEES AND OTHER REVENUE Section 4.01 Collection of Fees: The Health Unit shall levy and collect, and retain all fees, as set out in Schedule A, payable by any person for services performed by the Health Unit herein. . Section 4.02: The Municipality agrees to reimburse the Health Unit for all monies awarded as a result oflitigationlpenalty/fine undertaken by the Health Unit related to services in this agreement. Section 4.03 Amendment of Fee Schedule: The Health Unit shall have discretion, acting reasonably, to amend the fees as set out in Schedule A INSPECTORS Section 5.01 Appointment: The Medical Officer of Health acting on behalf of the Health Unit shall appoint Sewage System Inspectors and shall issue a certificate of appointment to each Inspector so appointed. The municipality shall, if required to do so by legislation or regulation, confirm the appointment(s). LIABILITIES AND INSURANCE . Section 6.01 Liabilitv of the Health Unit: The Health Unit shall indemnify and save harmless the Municipality ITom and against all claims, demands, losses, costs, damage, actions, suits or proceedings by whomsoever made, brought or prosecuted in any manner based upon, arising out of: related to, occasioned by or attributable to the activities of the Health Unit in executing the services under this Agreement to the limits of the liability in its General Insurance package namely five million dollars. Section 6.02 Insurance: For the term of this Agreement, the Health Unit will, at its expense, maintain liability insurance contracts of the nature, in the amounts and containing the terms and conditions, if any, as in its general liability policy with a limit of five million dollars. TERM OF AGREEMENT Section 7.01 Imn: This Agreement shall continue in force for the time period commencing ITom April 1, 1998, or the date of proclamation of the Act, whichever is the later, and ending December 31, 1998. . -; Section 7.02 Renewal: Upon acceptance by both parties this Agreement shall be renewed for a two year period commencing January 1, 1999 and ending December 31,2001 unless either party gives notice prior to December I, 1998 that it does not wish to do so. Section 7.03 Termination: Either party may terminate this agreement on not less than 90 days written notice. Page 3 of6 -~ .' . . . '" . . MISCELLANEOUS Section 8.01 Preamble: The preamble hereto shall be deemed to form an integral part hereof. Section 8.02 Gender. Etc.: Whenever the singular form is used in this agreement and when required by the context, the same shall include the plural, the plural shall include the singular and the masc:uline gender shall include the feminine and neuter genders. Section 8.03 Amendments: This Agreement shall not be changed, modified, terminated or discharged in whole or in part except by instrument in writing signed by the parties hereto, or their respective successors or permitted assigns, or otherwise as provided herein. Section 8.04 Assi~ment: This Agreement shall not be assignable by either party hereto without the written consent of the other party being first obtained. Section 8.05 Force MVeure: Any delay or failure of either party to perform its obligations under this Agreement shall be excused and this Agreement is suspended if, and to the extent, that the delay or failure is caused by an event or occurrence beyond the reasonable control of the party and without its fault or negligence, such as, by way of example and not by way of limitation, acts of God, fires, floods, wind storms, riots, labour problems (including leçkouts, strikes and slowcdowns) or court injunction or order. Section 8.06 Notices: Any notice, report or other communication required or permitted to be given hereunder shall be in writing unless some other method of giving such notice, report or other communication is expressly accepted by tbe party to whom it is given and shall be given by being delivered or mailed to the following addresses of the parties respectively: (a) To the Health Unit: Board of Health for the Bruce-Grey-Owen Sound Health Unit 920 lot Avenue West Owen Sound, Ontario N4K 4KS Attention: Medical Officer of Health (b) To the Municipality: As shown in the local telephone directory Any notice, report or other written communication, if delivered, shall be deemed to have been given or made on the date on which it was delivered to any employee of such party, or if mailed, postage prepaid, shall be deemed to have been given or made on the third business day following the day on which it was mailed (unless at the time of mailing or within forty~eight hours thereof there shall be a strike, interruption or leçk-out in the Canadian postal service in which case service shall be by way of delivery only), Either party may at any time give notice in writing to the other party of the change of its address for the purpose of this agreement. Pase4of6 - · · · < '.' . . Section 8.07 Headings: The section headings hereof have been inserted for the convenience of reference only and shall not be construed to affect the meaning, construction or effect of this Agreement. Section 8.08 Govemin~ Law: The provisions of this Agreement shall be construed and interpreted in accordance with the laws of the Province of Ontario as at the time in effect. Section 8.09 Any agreement or report may be delivered by mail, facsimile or hand, IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first written above. BOARD OF HEALTH FOR THE BRUCE·GREY-OWEN SOUND HEALTH UNIT &~~ , Chair, Bo'ard of Health £I/~~ Date ~'seaf' _k. ~\~1'~ Medical 0 Icer 0 alth r.oJo· l(P Lq ~ Date MUNICIPALITY sx£-~ - ~ve p ~F COU"'ClL 1r(MJ ~~91 Date "sear' :' -, õ1I./JNH ¿,) ¡).d--J ¡3-~ - Clerk (authorized by Bylaw # '! <J - ð 5 ,1998) 1r¡ ¡V,/ ;/9 't Date ~ .; ..; ~. .... /-:.:~.., -: ...:: . -- ", . .-. -, '-'.'...._..~ ~:::.~ ~.:::~.:~'.;_..:: ....~.., . ~ ';"';.-. \':~~~~~.;'-~5~~~S>--- - .~.'..// . .- . Page 50£6