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
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Gordon Jell
Reeve
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MUriel P. Eskrick
Clerk-Treasurer
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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
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Thelma Helm
Deputy Clerk-Treasurer
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Enclosures
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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
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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,
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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
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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
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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.
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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.
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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.
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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
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