Township of Otonabee-South Monaghan Council Meeting Monday, November 18, 2013 @ 6:00 Pm Council Chambers, Keene Agenda: Gener

TOWNSHIP OF OTONABEE-SOUTH MONAGHAN COUNCIL MEETING MONDAY, NOVEMBER 18, 2013 @ 6:00 PM COUNCIL CHAMBERS, KEENE

AGENDA: GENERAL COMMITTEE/PLANNING

MEETING: NOVEMBER 18, 2013 @ 6:00 PM

Page

1. CALL TO ORDER

2. PUBLIC MEETING Building Permit Fees 4-11 a) Proposed Building Fee Increase

3. DECLARATION OF PECUNIARY INTEREST

4. ADDITIONS TO OR DELETIONS FROM THE AGENDA

5. ADOPTION OF AGENDA

6. DELEGATIONS 12 a) Andrea Dicks & Laurel Atkinson - Community Foundation of Greater Peterborough - Vital Signs b) Cell Tower (3 min presentations): a) Bonnie Clark b) Charlene Rostowski c) Ron Linton

7. FINANCE

8. PLANNING & CAO REPORTS 13-44 a) CAO Report - Mandatory & Non-mandatory septic reinspection 45-53 b) CAO Report - ORCA Fee Schedule

Page 1 of 154 Page

8. PLANNING & CAO REPORTS 54-56 c) CAO Report - Grant Funding Agreement for Sourcewater Protection Implementation 57-73 d) CAO Report - Agricultural Study for Solar Application at 1312 Crowley Line (Green Life Power/MacDonald) - if study received [Addenda] 74-90 e) CAO Report - Agricultural Study for Solar Application at 2627 Highway 7 (Endura - Wells/Allen) - if study received [Addenda] 91-95 f) CAO - Letter of Support - Re: County RED application 96 g) CAO Letter to County - Proposed County Development Charge By-law

9. BY-LAWS 97 a) 2013-54 Appointment of Occasional Building Official 98-101 b) 2013-55 Amending Agreement - OPP Contract

102-120 c) 2013-56 Agreement - MOE - Source Protection Municipal Implementation Fund

121-140 d) 2013-57 Agreement - Clysdale Pit

141-142 e) 2013-58 Building By-law - amend Schedule "B" Fees

10. CORRESPONDENCE 143-144 a) AMO - Development Charges Act - Policy Update

145-151 b) AMO - OMPF 2014 Funding

11. INFORMATION 152-153 a) AMO - Bill 36 Local Food Act

154 b) Otonabee-South Monaghan Food Cupboard

12. OTHER

13. CLOSED SESSION In accordance with the Municipal Act, S.O. 2001, c.25 Section 239(2) (b) personal matters about an identifiable individual, including municipal or local board employees; (Administration) (specifics of the matter to be discussed are not being referred to because the release of information related to the individual's names would undermine the confidentiality that requires the matter to be dealt with in closed session) and Section 239(2) (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and information related to the potential lawsuit is the issue to be discussed and the particulars of the exact litigation matter are not included in the resolution because to do so might undermine the confidential nature of the matter to be discussed (Dunford).

Page 2 of 154 Page

14. ADJOURNMENT

Page 3 of 154 ... Agenda Item # 2a)

The Corporation of the Township of Otonabee-South Monaghan Public Meeting Notice

Notice of Intent to Increase Building Permit Fees

Take Notice that the Council of the Corporation of the Township of Otonabee-South Monaghan will hold a public meeting on December 9th, 2013 at 6:00 pm in the Council Chambers (Municipal Office – Third Street) in order to consider proposed changes to the current Building By-law 2009-39 with respect to Building Permit Fees under Section 7 of the Building Code Act.

Purpose and Effect – The Township of Otonabee-South Monaghan is proposing to amend the costs of Building Permit Fees following a review of the building permit fees under Section (7) of the Building Code Act. The effect will be to increase the existing fee structure.

At the Council meeting on December 9, 2013, the Township of Otonabee-South Monaghan is proposing to pass a by-law under section 7 of the Building Code Act that will change existing building permit fees.

The staff report consisting of the following information will be available to the public on the township's website and the Regular Council meeting on December 9, 2013:

. The estimate of the costs of administering and enforcing the Building Code Act by the Township of Otonabee-South Monaghan . The change to existing fees . The rationale for imposing or changing the fees

Any person may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposed fees.

It is the intent that the new fee schedule will be effective as of January 1, 2014.

Dated at the Township of Otonabee-South Monaghan this 21st day of October, 2013

For more information regarding the meeting, contact: Barb Waldron, Chief Building officer 705-295-6852 [email protected]

Proposed Building Fee Increase Page 4 of 154 ... Agenda Item # 2a)

Township of Otonabee-South Monaghan

INCREASE IN BUILDING PERMIT FEES

DATE: July 9, 2013

SUBJECT: Permit fees increase report

RECOMMENDATION: THAT Council endorses in principle the increase in Building Permit Fees as submitted as part of this report on Schedule A;

AND THAT a Public Meeting be scheduled and Notice issued for the proposed fee changes to be advertised through the Township’s website and the local newspaper in accordance with the requirements of the Ontario Building Code Act and the Township’s Notice By-law.

BACKGROUND: The Building Department has been reviewing the current building permit fees and have determined that some areas of the building permit fee schedule is required to be amended with some of the fees increasing to cover the costs of the Building Department to the best of our ability.

With regards to structuring permit fees, the point of Bill 124 when it started was to ensure building departments were getting permits out in an appropriate amount of time and to ensure that building departments were structured so that they had cost recovery and were self sufficient. To achieve the latter goal permit fees were to be structured so that costs (indirect and direct costs) were being paid for with a little left over to build reserves for slower years. Interestingly in 2013 only three municipalities in County achieved this; OSM, Trent Lakes and the City Of Peterborough. Selwyn was only under by $10,000 for 2013. For all other municipalities, the cost of much of the building department’s expenses is coming from the tax payers and most have never had a reserve. This is not the way it is suppose to work nor is it fair to the other residents. All costs for development should be paid by the person wanting to develop not from the person who has lived in the township for years. Many of the other townships at this point in time are reviewing their fees as well given the current situation.

There seems to be a theory that has been around for years but is far from the truth that low permit fees attract people to construct in the township. This is an unsubstantiated thought process for many reasons not the least of which is because the cost of the permit fee is such a small percentage of the entire building cost it is therefore just deemed to be part of doing business. Also the location you choose to build has so many other factors that people consider such as proximity to work or family that permit fees do not even enter the equation. The Development Charge is more likely to be what most people consider when choosing where to build.

Council must have a clear understanding of this to understand how structuring fees must be viewed. We cannot compare our fees to any other municipalities as each municipality has its own particular expenses based on area and the structure of the municipality. For example, the building officials of Trent Lakes cannot get to most locations for inspection without having vehicles with four wheel drive and / or boat. The amount of revenue created from permits is directly related to population as well and many of our neighbouring municipalities have higher numbers of population in the summer months for cottagers due to the size of the municipalities. 1

Proposed Building Fee Increase Page 5 of 154 ... Agenda Item # 2a)

ANALYSIS: The current building permit fees were reviewed previously in 2008 where they were adopted by By-law 2008-23. At that time the permit fees for the Township had not been adjusted for number of years so the jump in permit fees was quite substantial and phased in over three years. The permit fees that are presently being proposed are not huge increases so the recommendation is that the increases be endorsed for public consultation prior to adoption by by-law for a January 1st implementation date. This will give lots of notice to builders planning for construction in 2014.

To give Council a clear understanding of the time that goes into a permit from the point of accepting and deeming the application to be complete to completing the final inspection different permit types will be broke down and detailed for time. Note that these inspections are based on a perfect situation with no re-inspection for deficiencies which almost never happens. It should also be noted that the calculations are based on current rates and do not factor in any cost increases for 2014 and beyond.

Single family dwelling

Example: 2200 sf bungalow 3 baths, kitchen sink, dish washer, washer / dryer Location: Bailieboro

Current permit fees based on this example: 2200 sf @ $0.95 per sf = $2090 Plumbing fee $100 + $12.00 per fixture = $244 Occupancy fee $100 Total permit fee: $2434

Proposed Fees 2200 sf @ $1.05 per sf = $2310 Plumbing fee $150.00 + $14 / fixture = $318 Occupancy: $200 Total permit fee: $2828

Inspections and time allotted per inspection and travel time (20 mins down and 20 mins back) (based on no re-inspections) Excavation and Footing inspection-1 hour, 15 mins Backfill inspection- 1hour, 15 mins Plumbing rough in inspection- 1 hour 15 mins Framing inspection- 2 hours Plumbing inspection: 1 hour 15 mins Heating rough in- 1 hour 15 mins Insulation and vapour barrier- 1 hour, 20 mins Pre- occupancy- I hour 40 mins Occupancy-1 hour 40 mins Final inspection-1 hour 40 mins Total hours: 14.25 hours

Pre building meeting with owner to review what is required for a permit application-1 to 2 hours Review of plans- 2 to 3 hours Review of all documents attached to permit application- 2 hours Clerical time for imputing inspections 3 hours Issuing permit- 1 hour Total hours 10 hours

*Note: Most homes require attendance to the site more than once for at least 3 inspections due to infractions observed on the previous inspections which would add another $150 to cost. 2

Proposed Building Fee Increase Page 6 of 154 ... Agenda Item # 2a)

Average direct cost for CBO: 24.25 hours = $1214.52 (this includes hourly rate plus benefits.

Indirect Costs: In addition to this cost, the total cost would have additional indirect costs attributed from: Clerical support from staff, education, legal fees, insurance, vehicle costs, office supplies, cell phone, memberships, tools / safety wear and contract costs, planning meetings if required to obtain necessary approvals for construction, .

Estimated total cost for indirect and direct cost: $2200 +/-

______

Addition to dwelling unit

Example: A 1000 sf addition onto existing home One- 3 pc bathroom being added Location: Bailieboro

Current permit fees based on this example: 1000 sf @ $0.95 per sf = $950 Plumbing fee $100 + $12.00 per fixture = $136 Occupancy fee N/A Total permit fee: $1086

Proposed Fees 1000 sf @ $1.05 per sf = $1050 Plumbing fee $150.00 + $14 / fixture = $192 Occupancy: N/A Total permit fee: $1242

Inspections and time allotted per inspection and travel time (20 mins down and 20 mins back) (based on no re-inspections) Excavation and Footing inspection-1 hour, 15 mins Backfill inspection- 1hour, 15 mins Framing inspection- 1 hour, 10 mins Plumbing inspection- 1 hour, 15 mins Heating rough in- 1 hour 10 mins Insulation and vapour barrier- 1 hour, 10 mins Final inspection-1 hour 45 mins Total hours: 9 hours

Pre building meeting with owner to review what is required for a permit application-1 to 2 hours Review of plans- 2 hours Review of all documents attached to permit application- 1 hour Clerical time for imputing inspections 2 hours Issuing permit- 1 hour Total hours 7 hours

Average direct cost for CBO: 16 hours = $769.60 (this includes hourly rate plus benefits.

Estimated total cost for indirect and direct cost: $ 1200 +/ -

______3

Proposed Building Fee Increase Page 7 of 154 ... Agenda Item # 2a)

Garage

Example 1200 sf garage Location: Bailieboro

Current and proposed fee permit fees based on this example: 1200 sf @ $0.95 per sf = $1140 Total permit fee: $1140

Pre building meeting with owner to review what is required for a permit application-1 hour to 2 hours Review of plans- 1 hours Review of all documents attached to permit application- 1 hour Clerical time for imputing inspections 1 hour, 40 mins Issuing permit- 30 mins Total hours 5.20 hours

Average direct cost for CBO: 11.55 hours = $555.55 (this includes hourly rate plus benefits.

Estimated total cost for indirect and direct cost: $ 1000 +/ -

______

Agricultural Building

Example 66’ x 420’ Chicken Barn with solar on roof Value: $446,000 Location: Bailieboro

Current permit fees based on this example: $446,000 @ $12 per $1000 of construction cost: $5352 Total permit fee: $5352

Proposed Fees $446,000 @ $14 per $1000 of construction value: $6244 Total permit fee: $6244

Proposed Building Fee Increase Page 8 of 154 ... Agenda Item # 2a)

Inspections and time allotted per inspection and travel time (20 mins down and 20 mins back) (based on no re-inspections) Excavation and Footing inspection-2 hours Backfill inspection- 1.5 hours Framing inspection # 1-2 to 3 hours Framing Inspection # 2- 2 hours Truss inspection: 2 hours Insulation and vapour barrier- 2 hours

Solar framing inspection: 2 hours Final inspection-2 hours Total hours: 16.5 hours

Average direct cost for CBO: 24 hours = $1154.40 (this includes hourly rate plus benefits.

Estimated total cost for indirect and direct cost: $ 2300

*Note: Typically these permits require multiple inspections so the reality of inspections would add another 5 hours min on top of the inspections listed above. These permits have multiple layers of engineering so at the final inspection we are usually spending hours obtaining the sign off sheets from the engineers to be able to close the file as well as during construction obtaining the inspection reports from the engineers.

______

The four examples given were the cross cut of the most popular permits with additions and garages being the highest number of permits issued for the year typically.

The Building Permit Fee Schedule has a few new permits and other changes added from the previous schedule. It has been determined through use of the current Building By-law and observation of other municipal permit fee types that the township needed add a few permit types to the schedule. The additions are as follows:

Park Model Trailers: It should be noted that Park Model Trailers are not considered to be mobile homes under the Planning Act or OBC and are subject to fees and charges as a commercial trailer.

Repeat inspections: Repeat inspections are becoming more and more frequent. Other municipalities have a requirement of a fee for more than 2 inspections of each type. For example if framing had to be looked at more than three times for infractions a fee would be applied.

Transfer of Permit: With lawyers using title insurance more often than asking for work order letters, properties are passing from one owner to another without knowledge of open building permits. When this happens the permit must be transferred into the new owner’s name. The proposed fee is an administrative fee and to ensure that the inspections are completed and the file closed. 5

Proposed Building Fee Increase Page 9 of 154 ... Agenda Item # 2a)

Discharge of an order: This is another charge that is frequent on other municipal building permit fees. Orders issued can sit on a property until the owner deals with the problem. This is a method of deterring people from getting orders building knowing that a fee is charged to remove it. It seems when it is known that a fee is applied some people will do whatever they can do not to have to pay that fee. Through conversations with other Building Officials and the comments I am getting back that once the person is told that it costs money to lift the order they are much quicker at completing the works so one does not have to be issued. The process of issuing orders does take up quite a bit of time so the fee also helps to offset the administrative costs.

Yearly Permit Fee: This has been a discussion item for a while now and we have looked at charging a yearly fee for a permit renewal versus asking for deposits. It will be easier for the Building Department to issue permit renewals on a yearly basis for people who have not completed the project within the year time frame. At present we send out letters advising the resident that the permit is still open and is required to be completed and we get approximately a 40% return in calls to complete inspections.

Once a person is notified that they have to pay $130.00 to keep the permit current they may be inclined to finish up projects sooner so they can avoid this payment. Other municipalities use this method and it is quite successful in achieving a closed file. This will also assist with assessment values as MPAC is tracking open permit files and generally will only assess when the building permit is closed.

Request for inspections prior to 2003: This has been a problem which occurs every once in a while with regards to finding old files and finding inspections inside of the files. The significance of 2003 is the year the system was changed from MAI to Compu Power. Previous to 2003 files are hit and miss when it comes to inspection. Usually a person wants to sell a home and is looking for a final many years after the home or addition was built. The trick to inspecting old permits is that the Building Code of the day must be pulled to check on the requirements at that time. The bigger problem is that usually everything is covered. Therefore we have to take each situation and assess the situation by asking questions of the builder of the day and observation. In short it takes a lot of time to complete this requests.

Some of the highlighted changes to the fee schedule are as follows: 1) Increase in residential permit fees 2) Increase in commercial, industrial and institutional permit fees. 3) Plumbing permit fees- fee increased 4) Outdoor solid fuel appliance – fee increased based on required inspections 5) Solar- The Building Department receives multiple solar applications in a year. At present we have been charging the minimum fee as it was not identified on our fee schedule. The fee is being proposed as a two phase fee with up to 20 kw (which is the basic roof top on a house or garage installation) at a fee of $300 and any installation exceeding 20 kw to be $500. 6) Wood stoves and Chimneys: -Fee increased to cover costs of required inspections. 7) All permit fees based on value (Agriculture, residential renovations, new foundations, in- ground swimming pools) to be $14.00 per $1000 of value so the rate is the same across the board for permits based on value.

FINANCIALS: The Building Code Act requires that Public Notice be issued and a Public Meeting held for changes in building permit fees. Council will be asked to endorse the fee changes in principle in order that the public consultation may occur prior to the preparation of the 2014 budget. This will also provide lots of notice to builders and developers in relation to new or increased fees. The Building Department has an account for advertising therefore; there will be no impact financially to the building budget as far as costs are concerned.

The proposed fee increases are being recommended to continue to have the Building Department’s costs be covered by the revenue of the building permits as required by the Ontario Building Code therefore having a 0% impact on the taxation to the residents of the community. As previously stated the cost of development is required to be paid for by the developer and not the rest of the community. 6

Proposed Building Fee Increase Page 10 of 154 ... Agenda Item # 2a)

SUMMARY:

The Building Department is a busy and diverse department due to the fact that not only do we deal with permits and inspections but have other duties related to property maintenance, dealing with complaints with regards to building related matters, property standards, and other related issues. Dealing with a complaint or a person that eventually leads to a permit such as catching a person building without a permit can be time consuming to get them to the point of compliance. This is another example of where time is spent but still related to the costs of the department. The fees that are being proposed to Council for approval are based on the needs and operations of the OSM Building Department and have not been compared to other Township’s fees because each department is required to assess and set fees based on the direct and indirect costs related to operating the department. It is important for Council to keep this in mind when reviewing the proposed fees. Attached to this report also is the permit fees for other Townships for your information for purposes of pointing out the fact that only three Townships in the County covered their costs in the year 2012 and OSM was one of them.

As with everything the cost of doing business goes up every year so the proposed fees are addressing the increasing costs of doing business and meeting the needs of the community for all related building issues. As the Chief Building Official, I am very proud of the Building Department. I believe we give excellent service to the community and it is the mandate of the department to be of the upmost assistance to residents and their building needs while giving prompt and courteous service. It is my belief through comments received that the reputation we have built in the department by giving this level of service prompts people to come to the township for permits as they know that they will be given assistance to ensure their building project is built to code and meeting all safety aspects required by the Ontario Building Code.

Thank you for your consideration to this matter.

Respectfully yours,

Barbara Waldron

Barbara Waldron Chief Building Official

in consultation with Eleanor J. Rath Chief Administrative Officer

Proposed Building Fee Increase Page 11 of 154 ... Agenda Item # 6a)

Community Foundation of Greater Peterborough Submission for Otonabee - South Monaghan Council presentation, November 18th, 2013

Andrea Dicks, Executive Director Laurel Atkinson, Program Coordinator

Greater Peterborough’s Vital Signs®

On October 1st, the Community Foundation unveiled the inaugural Greater Peterborough’s Vital Signs®. This report is the first in what will become an annual snapshot of the quality of life in Greater Peterborough, and offers a unique and accessible way for community members to learn more about the place they call home.

Vital Signs® measures the vitality of the community, identifies needs and strengths, and supports action on issues that are critical to our quality of life. For 2013, six subject areas were chosen based on consultations with community leaders and stakeholders: Arts and Culture; Community Involvement; Employment; Environment; Food Security; Health and Wellness. Future reports will build on these subject areas.

Through Vital Signs®, the Community Foundation not only provides accessible statistics and information, but also invited community members themselves rate how they believe our region is doing across all subject areas. More than 700 people from the City, every Township and First Nation in Greater Peterborough told us what they think about how, as a region, we are doing. They also told us what they love about Greater Peterborough, as well as identified important priorities for action.

The Community Foundation of Greater Peterborough has invested in this collaborative community initiative as a way to further its goal of providing broad based community leadership. We firmly believe that knowing your community matters and we are continually seeking ways to understand our community’s strengths as well as areas of need. Vital Signs® builds and shares knowledge so our community is better prepared to mobilize around the issues that matter to our citizens.

The Community Foundation of Greater Peterborough is not the only Community Foundation to embark on this annual report. Vital Signs® was first started by the Toronto Community Foundation in 2001, after a group of civic leaders came up with a new way to engage their community in understanding and monitoring the health and vitality of Toronto on an ongoing basis. In 2006, Vital Signs® became a national program of Community Foundations of Canada, and it continues to grow every year, both across Canada and internationally. 2013 saw 26 community foundations across the country produce a Vital Signs® report – many for the first time.

The report can be viewed or downloaded online: www.cfgp.ca/vitalsigns.

About the Community Foundation of Greater Peterborough:The Community Foundation of Greater Peterborough fosters philanthropy through the creation and management of endowed and special funds. Its grants to registered charities enhance the quality of life for local citizens. It is a part of a national network of more than 191 community foundations across Canada. The Community Foundation enables all residents to contribute to positive, lasting changes in our community. www.cfgp.ca

Andrea Dicks & Laurel Atkinson - Page 12 of 154 Community Foundation of Greater ... Agenda Item # 8a)

REPORT TO: Reeve Nelson & Council

FROM: E.J. Rath, CAO/Director of Planning & Economic Development

DATE: November 18, 2013

SUBJECT: Mandatory Re-inspection of On-Site Sewage Systems for Sourcewater Protection Non Mandatory Re-inspection of On-Site Sewage Systems (Optional) ______

RECOMMENDATION #1: THAT Council receives the CAO’s Report re: Health Unit proposal to the County of Peterborough – Mandatory Septic Re-inspection Program for Sourcewater Protection;

1A AND THAT the Township of Otonabee-South Monaghan endorse the proposed user fee of $270 to be collected on a cost recovery basis through the property tax in the amount of $90 per year for 3 years from the affected property owners; OR 1B AND THAT the Township of Otonabee-South Monaghan endorse the proposed user fee of $270 subject to the terms of the agreement being amended to provide “that each township is responsible for the repayment of the fees to the Health Unit and can determine a mechanism for re-payment from the affected property owners and/or through the municipal water system as may best fit the local circumstances.”

RECOMMENDATION #2: THAT Council receives the CAO’s Report re: Health Unit proposal to the County of Peterborough – Non Mandatory Septic Re-inspection Program for information only at this time as this program is not currently offered in Otonabee-South Monaghan.

Background The Township has received an email from Bryan Weir at the County of Peterborough seeking municipal input on the proposed Mandatory and Non-Mandatory Septic Re-inspection programs being offered by the Health Unit.

Under Part IV of the Clean Water Act, municipalities are required to conduct inspections of on- site sewage systems located in “vulnerable areas” for municipal water systems. The Mandatory program applies to properties in Keene and Stewart Hall that have been identified through the Sourcewater Protection Plan. Eleanor J. Rath Director of Planning & Economic Development [email protected]

CAO Report - Mandatory & Non- Page 13 of 154 mandatory septic reinspection ... Agenda Item # 8a)

Non-mandatory septic re-inspection programs are offered in some municipalities, largely in waterfront areas. The purpose of the program is to ensure that septic systems are functioning properly to protect water quality. There is currently no such program in Otonabee-South Monaghan.

Analysis

Mandatory Septic Re-inspection Program There are five properties in Otonabee-South Monaghan which have been identified as requiring mandatory re-inspections under the pending Sourcewater Protection Plan (SPP) – 3 properties for the Crystal Springs wells and 1 property for the Keene Heights existing well. It should be noted that the Township recently commissioned a technical report for the new well site in Keene which will be incorporated into the SPP prior to final approval. It is anticipated that additional septic systems are located within the “vulnerable area” for the new well and this will increase the number of affected properties in the mandatory septic re-inspection program in Keene.

Non Mandatory Septic Re-inspection Program The Health Unit is offering a new optional non-mandatory septic re-inspection program. At this time, the CAO and CBO are recommending that no action be taken with respect to the non- mandatory program. If and when the Township decides to introduce a program (or this becomes mandatory), the Health Unit would be able to provide these services under their agreement with the County and/or enter into a special agreement with the Township for a reduced fee.

Budget Implications In both instances, the Health Unit would bill the local municipality for its services. The local municipality would then be responsible for cost recovery from its residents.

Mandatory Septic Re-inspection Program A prior report was made to Council in June of 2013. The purpose of this Report is to make Council aware of the proposal put forth by the Health Unit to County Council to charge a user fee of $270. The fee is designed to cover the Health Unit’s costs to provide the re-inspection services.

The proposal to the County also includes cost recovery of the user fee by way of an annual charge on the tax bill in the amount of $90 per year for 3 years for each property. This would result in a consistent approach across the watershed in relation to who delivers the service (i.e. the Health Unit), how much is charged (i.e. $270), who pays (property owner) and how the Eleanor J. Rath Director of Planning & Economic Development [email protected]

CAO Report - Mandatory & Non- Page 14 of 154 mandatory septic reinspection ... Agenda Item # 8a)

financial impact can be reduced for these ratepayers (i.e. spreading the cost over 3 years). The Health Unit report does not speak to cost recovery from non taxable properties.

If Council agrees with collection via the tax roll, resolution 1A should be passed.

Concerns have been raised by some municipalities about adding this cost to the tax roll and/or the increase administrative burden for Township Treasurers to track and remit the funds. At the time of the June report, Council expressed some concerns about placing the financial burden on a few ratepayers, particularly where these properties are not connected to municipal water. An alternative would be to add the costs for mandatory septic re-inspections to the Water budget. The cost would then become part of the water rate and be borne by the property owners who benefit from sourcewater protection.

If Council disagrees with collection via the tax roll, resolution 1B should be passed to provide local discretion.

Non Mandatory Septic Re-inspection Program The user fee for this non-mandatory service is $270 per property within the area to be re- inspected, billed to the Township. The Township then determines a mechanism for re-payment for their residents that would present the least financial hardship on the property owner. In addition, the user fee may be reduced through an agreement between the Health Unit and the local municipality, cottage association and/or other stakeholders depending upon the number of properties in a particular area in the municipality.

It is recommended that Council receive the non mandatory program for information only.

Notice & Communications There is no public notice required as a result of this report. The setting of the user fee is part of the agreements between the County and the Health Unit.

For the mandatory program, public information and/or property owner consultation with respect matters pertaining to the Sourcewater Protection Plan has and will continue to be coordinated through ORCA.

Prepared by: E.J. Rath, CAO Copied to: Barb Waldron, CBO

Eleanor J. Rath Director of Planning & Economic Development [email protected]

CAO Report - Mandatory & Non- Page 15 of 154 mandatory septic reinspection ... Agenda Item # 8a)

November 1, 2013

Ms. Sally Saunders County Clerk, County of Peterborough County Court House 470 Water Street Peterborough, ON K9H 3M3

Dear Ms. Saunders:

At its September 11, 2013 meeting, the Board of Health for the Peterborough County-City Health Unit passed the following motion:

That the Board of Health for the Peterborough County-City Health Unit:

receive the staff report, Mandatory Re-Inspection of On-Site Sewage Systems County By- Law, for information; and recommend to the County of Peterborough that the appended three-year draft by-law (with fee schedule) be approved, confirming that the Health Unit will: o be the principal authority; o conduct the mandatory re-inspection of on-site sewage systems; and o conduct the non-mandatory re-inspection of on-site sewage systems in consultation with the local municipality, cottage associations, or other stakeholders.

Moved by: Deputy Mayor Andy Sharpe Seconded by: Mayor John Fallis CARRIED.

In further consultation with Board of Health members after the motion was passed, the original report has been divided into two separate ones – one for the mandatory re-inspection of on- site sewage systems and one for the non-mandatory re-inspection of on-site sewage systems. This was done because mandatory re-inspections are only applicable to those municipalities that have systems in the vulnerable areas as outlined in source protection plans. On the other hand, the non-mandatory re-inspections can apply to those sewage systems that any municipality wishes to have re-inspected.

A copy of the reports is enclosed, if you would like us to provide a presentation to County Council please let us know. We also request that we be informed when this matter will be discussed and voted upon at County Council.

Page 1 of 2

10 Hospital Drive, Peterborough, ON K9J 8M1 P: (705) 743-1000 or 1-877-743-0101 F: (705) 743-2897 www.pcchu.ca

CAO Report - Mandatory & Non- Page 16 of 154 mandatory septic reinspection ... Agenda Item # 8a)

Thank you for your cooperation in this matter.

Sincerely,

David Watton Chair, Board of Health Peterborough County-City Health Unit

/at

Encl.

Page 2 of 2

10 Hospital Drive, Peterborough, ON K9J 8M1 P: (705) 743-1000 or 1-877-743-0101 F: (705) 743-2897 www.pcchu.ca

CAO Report - Mandatory & Non- Page 17 of 154 mandatory septic reinspection ... Agenda Item # 8a)

Staff Report

Mandatory Re-Inspection of On-Site Sewage Systems County By-Law

Date: September 11, 2013

To: Board of Health

From: Dr. Rosana Pellizzari, Medical Officer of Health

Original approved by Original approved by

Rosana Pellizzari, M.D. Atul Jain, Manager, Inspection Services

Recommendations

That the Board of Health for the Peterborough County-City Health Unit:

receive the staff report, this report Mandatory Re-Inspection of On-Site Sewage Systems County By-Law, for information; and recommend to the County of Peterborough that the appended three year draft by-law (with fee schedule) be approved, confirming that the Health Unit: o will be the principal authority; and o will conduct the mandatory re-inspection of on-site sewage systems.

Background

Under Part IV of the Clean Water Act, the principal authority is required to conduct inspections of on-site sewage systems located in “vulnerable areas” as outlined in source protection plans.

In the geographical area served by this Health Unit, the Otonabee Region Conservation Authority working with the Lower Trent Conservation Source Protection Committee has identified, mapped and geocoded these vulnerable areas in its source protection plans and has provided the Health Unit with the number and location of sewage systems that require mandatory re-inspection.

BOH Meeting - Sept. 11/13 Page 1 of 15

CAO Report - Mandatory & Non- Page 18 of 154 mandatory septic reinspection ... Agenda Item # 8a)

There are a total of 116 systems that require re-inspection in the Health Unit district, including 18 in Asphodel-Norwood, 3 in Cavan Monaghan, 73 in Trent Lakes, 14 in Havelock-Belmont- Metheun, 5 in Otonabee-South Monoghan, 1 in Selwyn and 2 in the City of Peterborough (Attachment B).

Financial Implications and Impact

The sewage system inspection program currently offered by the Peterborough County-City Health Unit (PCCHU) is a full cost-recovery program, as fees generated by applications, permits and file searches, are used to offset all operational expenses. An expansion to include mandatory and non-mandatory re-inspections would be based on the same approach, minimizing financial risk to the Board of Health.

Decision History

The Ontario Building Code (Ontario Regulation 350/06) was recently amended by Ontario Regulation 315/10. This Regulation establishes and governs mandatory sewage system maintenance inspection programs. These programs must be administered in certain areas of Ontario, by principal authorities – defined by the Building Code Act as a municipality, a board of health or a conservation authority.

These amendments largely came into force on January 1, 2012. The balance of the Regulation, pertaining to certain areas around the Lake Simcoe shoreline and watershed, will come into effect January 1, 2016.

The Clean Water Act (2006), requires mandatory inspections of septic systems in areas where septic systems are or would be significant drinking water threats as identified in approved assessment reports. Inspections must be completed within five years of the approval of the assessment report. The Trent Assessment Report was approved in October 2011, resulting in the requirement for mandatory inspections to be completed by October 2016.

The Board of Health has previously made a decision in regards to this matter (May 8, 2013) by directing staff to bring forward a draft County by-law for consideration in the Fall of 2013, confirming the Health Unit as the principal authority and proposing the Health Unit conduct the mandatory re-inspection of on-site sewage systems from January 1, 2014 to December 31, 2016 (3 years).

Delivery Options and Rationale

There are two options for the delivery of the mandatory re-inspection of on-site sewage systems:

BOH Meeting - Sept. 11/13 Page 2 of 15

CAO Report - Mandatory & Non- Page 19 of 154 mandatory septic reinspection ... Agenda Item # 8a)

(i) Health Unit (ii) County of Peterborough or Local Municipalities

If the Health Unit is not chosen for delivery of re-inspections, in addition to not satisfying the benefits outlined above, the County/local municipalities, cottage associations or stakeholders would require:

time for transition; and an investment for recruitment, training and the appointment of staff.

If there are multiple providers for applications and re-inspections, this may create confusion for users and increase the potential for errors.

The preferred option based on this rationale is that the Health Unit deliver the mandatory re- inspections of on-site sewage systems within the County of Peterborough

Fee and Cost Recovery of Fee

A fee of $270.00 will be designated for the mandatory re-inspection of on-site sewage system.

The fee noted above will ensure cost neutrality and recovery of expenses for the Health Unit and is based on current staff wages, mileage and administrative costs.

It is proposed in the draft by-law, that the Health Unit collect and retain all fees, as set out in the fee schedule in the following manner:

(i) The fee is to be placed on the property owner’s tax roll, to be; a) prorated evenly over the term of the agreement (three years), and b) when collected by the municipality, the amount to be reimbursed to the Health Unit on an annual basis.

The method outlined above for the collection of fees is the most effective and efficient means for program delivery and would present the least financial hardship on the property owner.

Strategic Direction

Although this program is not part of the Ontario Public Health Standards, it is consistent with the goals of promoting and protecting the health of the population in Peterborough County and City.

The delivery of this program also supports our efforts to improve “Quality and Performance“ and assess partnerships and leverage those that address local needs, and therefore a “Community-Centred Focus” in the area of environmental health.

BOH Meeting - Sept. 11/13 Page 3 of 15

CAO Report - Mandatory & Non- Page 20 of 154 mandatory septic reinspection ... Agenda Item # 8a)

Contact: Atul Jain Manager, Inspection Services (705) 743-1000, ext. 259 [email protected]

Attachments: Attachment A – Proposed County By-law – Mandatory Re-inspection of On-site Sewage Systems Attachment B – List of properties for mandatory re-inspection on-site sewage systems (as of January 7, 2013)

BOH Meeting - Sept. 11/13 Page 4 of 15

CAO Report - Mandatory & Non- Page 21 of 154 mandatory septic reinspection ... Agenda Item # 8a)

ATTACHMENT A

The Corporation of the County of Peterborough By-law No. 2013 - xx ______A By-law to authorize the Corporation of the County of Peterborough to enter into a Mandatory Re-inspection of On-Site Sewage Systems Agreement with The Peterborough County-City Health Unit.

Whereas the Municipal Act, S.O. 2001, c. 25 (hereinafter referred to as the “Act”) at section 9 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;

And Whereas section 8(1) of the Act, further provides that section 8 shall be interpreted broadly so as to confer broad authority on municipalities, (a) to enable them to govern their affairs as they consider appropriate; and (b) to enhance their ability to respond to municipal issues.

And Whereas at the County Council Meeting of xxxx, 2013, County Council accepted the recommendation of the Director of Planning contained in his report “Mandatory Re- inspections of On-site Sewage Systems” wherein he recommended:

“That that County Council authorize the Warden and Clerk to enter into a Mandatory Re- Inspection of On-site Sewage Systems Agreement with the Peterborough County-City Health Unit for a 3 year term using the new fee structure as approved by the Board of Health; and further

Be it resolved that County Council direct that the necessary By-law be passed in this regard.”;

Now Therefore the Council of the Corporation of the County of Peterborough in Session duly assembled enacts as follows:

1. That the Corporation of the County of Peterborough be authorized to enter into a Mandatory Re-Inspection of On-site Sewage Systems Agreement with The Peterborough County-City Health Unit in the form attached hereto as Schedule “A” to this By-law.

2. That the Warden and the Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule “A” and to affix the seal of the Corporation thereto.

3. That this by-law shall be commonly called the “Mandatory Re-Inspection of On-site Sewage Systems Agreement By-law”.

Read a first, second and third time and passed in Open Council this xx day of xxx, 2013.

BOH Meeting - Sept. 11/13 Page 5 of 15

CAO Report - Mandatory & Non- Page 22 of 154 mandatory septic reinspection ... Agenda Item # 8a)

Schedule “A” To By-Law 2013-XX

Mandatory Re-Inspection of On-site Sewage Systems Agreement

This Agreement dated as of the day of xx, 2013 and authorized by the Corporation of the County of Peterborough By-law No. 2013-XX.

Between:

Board of Health for The Peterborough County-City Health Unit (hereinafter called the "Health Unit") of the First Part

- And –

The Corporation of the County of Peterborough (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 the re-inspection of on-site sewage systems (with a capacity of less than 10,000 litres per day);

Now therefore in consideration of the mutual covenants herein contained, the parties hereto hereby agree as follows:

Article One

General

Section 1.01 Application: This Agreement shall be applicable to all lands where no municipal sewers are available in the Municipality (hereinafter called the "Lands").

Section 1.02 Duties: The Health Unit shall faithfully carry out its duties hereunder in accordance with the Act and the Building Code in force from time to time, this agreement and any other legislation contemplated hereunder.

Article Two

Definitions

Section 2.01 in this Agreement,

(i) "Sewage System" means any works for the collection, transmission, treatment and disposal of sewage or any part of such works to which the Act applies with a capacity of less than 10,000 litres;

BOH Meeting - Sept. 11/13 Page 6 of 15

CAO Report - Mandatory & Non- Page 23 of 154 mandatory septic reinspection ... Agenda Item # 8a)

(ii) "Inspector" means an inspector appointed under section 3.1(2) of the Building Code Act, 1992 as amended;

Article Three

Services of the Health Unit

Section 3.01 Services: The Peterborough County-City Health Unit shall provide the following services in relation to the Lands:

(i) Review the files in relation to the properties that the on-site sewage system is required to be re-inspected (i.e., mandatory - on-site sewage systems located in “vulnerable areas” as outlined in source protection plans).

(ii) Conduct a re-inspection of the on-site sewage system identified in (i).

(iii) Issue a “Certificate of Re-inspection” to the property owner indicating that the on-site sewage system is not needed for an upgrade/replacement at the time of the reinspection.

(iv) If (iii) is not satisfied, then issue a “notice of upgrade/replacement” to the property owner requiring them to upgrade or replace their on-site septic system.

(v) Receive and process applications and requests related to activities listed in paragraph (iv)

(vi) Inspect properties prior to the issuance of a permit for the construction, installation, establishment, enlargement, extension or alteration of a Sewage System.

(vii) Issue permits under the Act and Building Code relating to Sewage Systems (a "Permit").

(viii) Following the issuance of a permit, inspect and re-inspect when necessary, Sewage System installations to ascertain compliance with the permit and other requirements under the Act or Building Code.

(ix) Maintain adequate records of all documents and other materials used in performing the duties required under this Agreement.

(x) Upon reasonable notice by the Municipality, provide reasonable access to the Municipality of all records kept under subsection 3.01 (ix).

(xi) Respond to inquiries made by any person under the Freedom of Information and Protection of Privacy Act and related Regulation, as amended from time to time, or through any other legal channel.

(xii) Investigate complaints and malfunctioning Sewage Systems, undertake compliance

BOH Meeting - Sept. 11/13 Page 7 of 15

CAO Report - Mandatory & Non- Page 24 of 154 mandatory septic reinspection ... Agenda Item # 8a)

counselling and preparation of reports for abatement action as it relates to existing and proposed Sewage Systems.

(xiv) Issue orders under the Act relating to Sewage Systems.

(xiii) Prepare documentation necessary for prosecution activities relating to Sewage Systems under the Act and Building Code. Administer proceedings relating to Sewage Systems pursuant to the Provincial Offenses Act, R.S.O. 1990, c. P.33.

(xvi) Provide all forms necessary for the administration of this Agreement.

(xvii) Be responsible for any other matters related to the administration or enforcement of the Act or Building Code relating to Sewage Systems.

Article Four

Collection of Fees

Section 4.01 Mandatory Re-inspections of On-site Sewage Systems: The Health Unit shall collect and retain all fees, as set out in Schedule A by:

(ii) The fee to be placed on the property owner’s tax roll, to be;

c) prorated evenly over the term of this agreement (three years), and d) when collected by the municipality, the amount to be reimbursed to the Health Unit on a yearly basis.

Section 4.02 Fee Schedule: It is agreed and understood that the fees charged in association with the provision of the above services shall be on a cost recovery basis only. The Health Unit shall submit to County Council for approval the proposed fee schedule with supporting documentation verifying that the fees are not in excess of actual costs. The Municipality reserves the right to reduce any or all fees charged by the Board of Health, however, it is expressly understood that in doing so, the Board of Health may bill the Municipality directly for any costs not covered by the reduced fee schedule.

Section 4.03 Amendment of Fee Schedule: Any amendments to the fee schedule shall not be made by the Health Unit without the approval of County Council.

Article Five

Inspectors

Section 5.01 Qualifications: The Health Unit shall appoint Inspectors who meet the requirement of the Act and the Building Code and shall issue a certificate of appointment to each appointed Inspector.

Article Six

Liabilities and Insurance

BOH Meeting - Sept. 11/13 Page 8 of 15

CAO Report - Mandatory & Non- Page 25 of 154 mandatory septic reinspection ... Agenda Item # 8a)

Section 6.01 Liability of the Health Unit: The Health Unit shall indemnify and save harmless the Municipality from 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 work under this Agreement. The Municipality shall be named as an additional insured on the policy of the Health Unit. The Health Unit shall provide a certificate of insurance annually to the Municipality.

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, set out in Schedule B.

Article Seven

Term and Termination of Agreement

Section 7.01 Term: This Agreement shall continue in force for a period of three years commencing January 1 2014 and ending December 31 2016.

Section 7.02 Termination: This Agreement may be terminated by either party upon written notice being received six (6) months prior to the proposed termination date.

Article Eight

Miscellaneous

Section 8.01 Preamble: The preamble hereto shall be deemed to form an integral part hereto.

Section 8.02 Gender, etc.: Whenever the singular form is used in the Agreement and when required by the context, the same shall include the plural, the plural shall include the singular and the masculine gender shall include the feminine and neuter genders.

Section 8.03 Amendments: This Agreement shall not be changed, modified, 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 Assignment: This Agreement shall not be assignable by either party hereto without the written consent of the other party being first obtained.

Section 8.05 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 the party to whom it is given and shall be given by being delivered or mailed to the following addresses of the parties respectively:

BOH Meeting - Sept. 11/13 Page 9 of 15

CAO Report - Mandatory & Non- Page 26 of 154 mandatory septic reinspection ... Agenda Item # 8a)

(a) To the Health Unit:

Board of Health for the Peterborough County City Health Unit 10 Hospital Drive Peterborough, ON K9J 8M1 Attention: The Medical Officer of Health

(b) To the Municipality

The Corporation of the County of Peterborough 470 Water St. Peterborough, ON K9H 3M3 Attention: The County Clerk

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 date on which it was mailed (unless at the time of mailing or within forty-eight hours thereof there shall be a strike, interruption or lock-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 Section 8.05.

Section 8.06 Headings: The section headings hereof have been inserted for the convenience of reference only and shall not be constructed to affect the meaning, construction or effect of this Agreement.

Section 8.07 Governing Law: The provisions of this Agreement shall be constructed and interpreted in accordance with the laws of the Province of Ontario as at the time in effect.

In Witness Whereof the parties hereto have executed this Agreement as of the day and year first written above.

Board of Health for the Peterborough County-City Health Unit

______Chairperson

______Rosana Pellizzari, M.D. Medical Officer of Health

We have the authority to bind the Board

BOH Meeting - Sept. 11/13 Page 10 of 15

CAO Report - Mandatory & Non- Page 27 of 154 mandatory septic reinspection ... Agenda Item # 8a)

The Corporation of the County of Peterborough

______J. M. Jones Warden

______Sally Saunders Clerk

We have the authority to bind the Corporation

BOH Meeting - Sept. 11/13 Page 11 of 15

CAO Report - Mandatory & Non- Page 28 of 154 mandatory septic reinspection ... Agenda Item # 8a)

Schedule A

Mandatory Re-inspection of On-site Sewage Systems Fee in Effect until December 31, 2016

Service Type Fee Inspection of On-site Certificate of Sewage Systems $270.00 Re-inspection (Mandatory)

BOH Meeting - Sept. 11/13 Page 12 of 15

CAO Report - Mandatory & Non- Page 29 of 154 mandatory septic reinspection Septic System - Ptbo mandatory septicreinspection CAO Report ...

ActivitySiteArea_Municipality System LandownerContact_Municipality Property_Address Mailing_Address

Alnwick/Haldimand Grafton Alnwick-Haldimand 432-434 Edwardson Rd. P.O. Box 70, Grafton, ON K0K 2G0 -

Mandatory &Non Asphodel-Norwood Hastings ASPHODEL-NORWOOD TOWNSHIP 148 PARK LANE PO Box 481 Hastings ON K0L 1Y0 Asphodel-Norwood Hastings ASPHODEL-NORWOOD TOWNSHIP 154 PARK LANE 154 Park Lane PO Box 575 Hastings ON K0L 1Y0 Asphodel-Norwood Hastings ASPHODEL-NORWOOD TOWNSHIP 156 PARK LANE 156 Park Lane Hastings ON K0L 1Y0 Asphodel-Norwood Hastings ASPHODEL-NORWOOD TOWNSHIP 160 PARK LANE PO Box 331 Hastings ON K0L 1Y0 Asphodel-Norwood Hastings ASPHODEL-NORWOOD TOWNSHIP 150 PARK LANE PO Box 159 Hastings ON K0L 1Y0 Asphodel-Norwood Hastings ASPHODEL-NORWOOD TOWNSHIP 1163 ROGERS LANE 1163 Rogers Lane PO Box 114 Hastings ON K0L 1Y0 Asphodel-Norwood Hastings ASPHODEL-NORWOOD TOWNSHIP 1161 ROGERS LANE 4705 Reid Street Orono ON L0B 1M0 Asphodel-Norwood Hastings ASPHODEL-NORWOOD TOWNSHIP 1159 ROGERS LANE 29 Kennedy Drive Courtice ON L1E 2H2 Asphodel-Norwood Hastings ASPHODEL-NORWOOD TOWNSHIP 1157 ROGERS LANE 273 East 28th St Hamilton ON L8V 3J2 - Asphodel-Norwood Hastings ASPHODEL-NORWOOD TOWNSHIP 1153 ROGERS LANE 40 Waymount Ave Richmond Hill ON L4S 2G5 Asphodel-Norwood Hastings ASPHODEL-NORWOOD TOWNSHIP 1149 ROGERS LANE 39 Twelve Oaks Drive Aurora ON L4G 6J5 Asphodel-Norwood Hastings ASPHODEL-NORWOOD TOWNSHIP 164 PARK LANE 164 Park Lane PO Box 261 Hastings ON K0L 1Y0 Asphodel-Norwood Hastings ASPHODEL-NORWOOD TOWNSHIP 166 PARK LANE PO Box 613 Hastings ON K0L 1Y0 Asphodel-Norwood Hastings ASPHODEL-NORWOOD TOWNSHIP 1147 ROGERS LANE 24 Lochleven Dr Scarborough ON M1M 3S1 Asphodel-Norwood Hastings ASPHODEL-NORWOOD TOWNSHIP 1161 MCCARTHY'S PNT RD PO Box 193 Hastings ON K0L 1Y0 Asphodel-Norwood Hastings ASPHODEL-NORWOOD TOWNSHIP NA 24 Lochleven Dr Scarborough ON M1M 3S1 Asphodel-Norwood Hastings ASPHODEL-NORWOOD TOWNSHIP 168 PARK LANE 168 Park Lane Hastings ON K0L 1Y0 Asphodel-Norwoodp Hastingsg ASPHODEL-NORWOOD TOWNSHIP 174 PARK LANE 174 Park Lane Hastingsg ON K0L 1Y0 Cavan-Monaghan Fraserville Cavan Monaghan 2401 Lansdowne Street W. 2401 Landsdowne Street West. PO Box 1602 Station Main, Peterborough, Ontario, K9J 7S4 Cavan-Monaghan Fraserville Cavan Monaghan 2435 Lansdowne Street W. 2435 Lansdowne Street West, RR#3 Peterborough, Ontario, K9J 6X4 Cavan-Monaghan Fraserville Cavan Monaghan 2422 Lansdowne Street W. 2422 Lansdowne Street West. RR #3 Peterborough, Ontario, K9J 6X4 City of Peterborough Peterborough City of Peterborough 1297 Dafoe Dr. 1297 Dafoe Drive, Ptbo, ON K9J 6Y1 City of Peterborough Peterborough City of Peterborough 1300 Dafoe Dr. RR 9 Station Main Peterborough, ON, K9J 6Y1 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 632 Alpine Lake Road 632 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 697 Alpine Lake Road 697 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 701 Alpine Lake Road 701 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 657 Alpine Lake Road 657 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Agenda Item#8a) Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 738 Alpine Lake Road 738 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 732 Alpine Lake Road 732 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 730 Alpine Lake Road 730 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 724 Alpine Lake Road 724 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 729 Alpine Lake Road 729 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Page 30 of154 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 707 Alpine Lake Road 707 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 711 Alpine Lake Road 711 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 626 Alpine Lake Road 626 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 1621 Alpine Cres 59 Alpine Cres, RR 3, Bobcaygeon ON, K0M 1AO Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 1625 Alpine Cres 1625 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 656 Alpine Lake Road 656 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendishyy and Harvey Alpinepg Village Galway-Cavendishyy & Harvey 640 Alpinep Lake Road 640 Alpinep,,y Lake Road, RR 3, Bobcaygeong, ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 636 Alpine Lake Road 636 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0

Page 1 BOH Meeting - Sept. 11/13 Page 13 of 15 Septic System - Ptbo mandatory septicreinspection CAO Report ...

Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 4 Pinewood Drive 4 Pinewood Drive, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 725 Alpine Lake Road 725 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 720 Alpine Lake Road 720 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0

- Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 716 Alpine Lake Road 716 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Mandatory &Non Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 1628 Cedar Cres 69 Sir Raymond Drive, Scarborough ON, M1E 1C1 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 618 Alpine Lake Road 618 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 4 Swiss Cres 11608-30 Carabob Court, Toronto ON, M1T 3N2 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 1621 Cedar Cres 444 Lawson Road, Scarborough ON, M1C 2K1 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 1629 Cedar Cres 3356 Juanita Court, Mississaugua ON, L5A 3J6 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 686 Alpine Lake Road 686 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 684 Alpine Lake Road 684 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 1624 Alpine Cres 1624 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 - Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 645 Alpine Lake Road 127 Duvernet Ave, Toronto ON, M4E 1V5 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 651 Alpine Lake Road 651 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 653 Alpine Lake Road 653 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 1620 Cedar Cres PO Box 274, Stn Main, Lindsay ON, K9V 4S1 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 735 Alpine Lake Road 735 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 737 Alpine Lake Road 737 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 637 Alpine Lake Road 637 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 641 Alpine Lake Road 641 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendishyy and Harvey Alpinepg Village Galway-Cavendishyy & Harvey 643 Alpinep Lake Road 643 Alpinepy Lake Road, RR 3, Bobcaygeong ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 715 Alpine Lake Road 77 Greybeaver Trail, Scarborough On, M1C 4N7 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 3 Pinewood Drive 3 Pinewood Drive, RR 3, Bobcaygeon ON , K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 5 Pinewood Drive 39 Pinewood Cres, Bobaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 719 Alpine Lake Road 719 Alpine Lake Road, RR3, Bobcaygeon ON K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 663 Alpine Lake Road 663 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 654 Alpine Lake Road 578 Walsh Drive, Port Perry ON, L0L 1K9 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 660 Alpine Lake Road 660 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 6 Pinewood Drive 6 Pinewood Drive, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 1624 Cedar Cres 1624 Cedar Cres, RR 3, Bobcaygeon ON K0M 1A0 Agenda Item#8a) Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 8 Swiss Cres 24 Cresswell Drive, Toronto ON, M1G 3L8 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 667 Alpine Lake Road 667 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 681 Alpine Lake Road 681 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 685 Alpine Lake Road 685 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Galway-Cavendish and Harvey Alpine Village Galway-Cavendish & Harvey 687 Alpine Lake Road 687 Alpine Lake Road, RR 3, Bobcaygeon ON, K0M 1A0 Page 31 of154 Galway-Cavendish and Harvey Buckhorn Well Supply Galway-Candish & Harvey 245 Sumcot Drive, Buckhorn Lake Estates 245 Sumcot Drive, RR 1 Stn Delivery Centre, Peterborough ON, K9J 6X2 Galway-Cavendish and Harvey Buckhorn Well Supply Galway-Candish & Harvey 235 Sumcot Drive, Buckhorn Lake Estates 235 Sumcot Drive, RR 1 Stn Delivery Centre, Peterborough ON, K9J 6X2 Galway-Cavendish and Harvey Buckhorn Well Supply Galway-Candish & Harvey 239 Sumcot Drive, Buckhorn Lake Estates 239 Sumcot Drive, RR 1 Stn Delivery Centre, Peterborough ON, K9J 6X2 Galway-Cavendish and Harvey Buckhorn Well Supply Galway-Candish & Harvey 797 Cedar Circle, Buckhorn Lake Estates 144 Evans Ave, Etobicoke ON, M8Z 1H9 Galway-Cavendish and Harvey Buckhorn Well Supply Galway-Candish & Harvey 795 Cedar Circle, Buckhorn Lake Estates 795 Cedar Circle, RR 1, Peterborough ON, K9J 6X2 Galway-Cavendish and Harvey Buckhorn Well Supply Galway-Candish & Harvey 793 Cedar Circle, Buckhorn Lake Estates 28 Summerfield Cres, Etobicoke ON, M9C 3X3 Galway-Cavendish and Harvey Buckhorn Well Supply Galway-Candish & Harvey 186 Sumcot Drive, Buckhorn Lake Estates 54 Holden Drive, PO Box 62, Nobleton ON, LOG 1NO Galway-Cavendish and Harvey Buckhorn Well Supply Galway-Candish & Harvey 240 Sumcot Drive, Buckhorn Lake Estates 240 Sumcot Drive, RR 1 Stn Delivery Centre, Peterborough ON, K9J 6X2

Page 2 BOH Meeting - Sept. 11/13 Page 14 of 15 Septic System - Ptbo mandatory septicreinspection CAO Report ...

Galway-Cavendish and Harvey Buckhorn Well Supply Galway-Candish & Harvey 236 Sumcot Drive, Buckhorn Lake Estates 236 Sumcot Drive, RR 1 Stn Delivery Centre, Peterborough ON, K9J 6X2 Galway-Cavendish and Harvey Buckhorn Well Supply Galway-Candish & Harvey 193 Sumcot Drive, Buckhorn Lake Estates 193 Sumcot Drive, RR 1 Stn Delivery Centre, Peterborough ON, K9J 6X2 Galway-Cavendish and Harvey Buckhorn Well Supply Galway-Candish & Harvey 210 Sumcot Drive, Buckhorn Lake Estates 210 Sumcot Drive, RR 1 Stn Delivery Centre, Peterborough ON, K9J 6X2

- Galway-Cavendish and Harvey Buckhorn Well Supply Galway-Candish & Harvey 196 Sumcot Drive, Buckhorn Lake Estates 196 Sumcot Drive, RR 1 Stn Delivery Centre, Peterborough ON, K9J 6X2 Mandatory &Non Galway-Cavendish and Harvey Buckhorn Well Supply Galway-Candish & Harvey 190 Sumcot Drive, Buckhorn Lake Estates 49 Major Willliam Sharpe Drive, Brampton ON, L6X 3H9 Galway-Cavendish and Harvey Buckhorn Well Supply Galway-Candish & Harvey 796 Cedar Circle, Buckhorn Lake Estates 2462 Linwood St, Pickering ON, L1X 2N8 Galway-Cavendish and Harvey Buckhorn Well Supply Galway-Candish & Harvey 794 Cedar Circle, Buckhorn Lake Estates 97 Stuart St, Stouffville ON, L3A 4S4 Galway-Cavendish and Harvey Buckhorn Well Supply Galway-Candish & Harvey 792 Cedar Circle, Buckhorn Lake Estates 792 Cedar Circle, RR 1, Peterborough ON, K9J 6X2 Galway-Cavendish and Harvey Buckhorn Well Supply Galway-Candish & Harvey 228 Sumcot Drive, Buckhorn Lake Estates 228 Sumcot Drive, RR 1 Stn Delivery Centre, Peterborough ON, K9J 6X2 Galway-Cavendish and Harvey Buckhorn Well Supply Galway-Candish & Harvey 224 Sumcot Drive, Buckhorn Lake Estates 224 Sumcot Drive, RR 1 Stn Delivery Centre, Peterborough ON, K9J 6X2 Galway-Cavendish and Harvey Buckhorn Well Supply Galway-Candish & Harvey 218 Sumcot Drive, Buckhorn Lake Estates 8 Vantage Circle, Mississauga ON, L5M 2L2 Galway-Cavendish and Harvey Buckhorn Well Supply Galway-Candish & Harvey Concession 15, PtL1, Plan M7 Lot 48 1505 Kenilworth Cres, Oakville ON, L6H 3G1 - Galway-Cavendish and Harvey Buckhorn Well Supply Galway-Candish & Harvey 216 Sumcot Drive, Buckhorn Lake Estates 32 Sherbo Crescent, Brampton ON, L7A 2A1 Havelock-Belmont-Methuen Havelock Municipality of Havelock-Belmont-Methuen 718 Belmont Twp Conc 8 718 Belmont TWP CON 8 RR3 Havelock ON K0L 1Z0 Havelock-Belmont-Methuen Havelock Municipality of Havelock-Belmont-Methuen 692 Bell TWP Con 8 RR # 3 Havelock ON K0L1Z0 Havelock-Belmont-Methuen Havelock Municipality of Havelock-Belmont-Methuen 134 County Rd 46 326-1099B Clonsilla Ave Peterborough On K9J 8L7 Canada Havelock-Belmont-Methuen Havelock Municipality of Havelock-Belmont-Methuen 717 Bel TWP Con 8 RR 2 Havelock ON K0L 1Z0 Havelock-Belmont-Methuen Havelock Municipality of Havelock-Belmont-Methuen 4 Mary St 8 Mary Steet RR 3 Havelock ON K0L 1Z0 Havelock-Belmont-Methuen Havelock Municipality of Havelock-Belmont-Methuen 8 Mary St 8 Mary Street RR 3 Havelock ON K0L 1Z0 Havelock-Belmont-Methuen Havelock Municipality of Havelock-Belmont-Methuen 9 County Rd 48 PO Box 94 Trent River ON K0L 2Z0 Havelock-Belmont-Methuen Havelock Municipalitypy of Havelock-Belmont-Methuen 116 Countyy Rd 48 PO Box 94 Rent River ON K0L 2Z0 Havelock-Belmont-Methuen Havelock Municipality of Havelock-Belmont-Methuen 26 Mary St Box 443 Havelock On K0L 1Z0 Havelock-Belmont-Methuen Havelock Municipality of Havelock-Belmont-Methuen 10 County Rd 48 PO Box 94 Trent River ON K0L 2Z0 Havelock-Belmont-Methuen Havelock Municipality of Havelock-Belmont-Methuen 28 MARY ST 28 Mary St., Box 32, Havelock, ON, K0L 1Z0 Havelock-Belmont-Methuen Havelock Municipality of Havelock-Belmont-Methuen 47 Mary St Box 175 Havelock ON K0L 1Z0 Havelock-Belmont-Methuen Havelock Municipality of Havelock-Belmont-Methuen 45 Mary St PO Box 898 Havelock ON K0L 1Z0 Havelock-Belmont-Methuen Havelock Municipality of Havelock-Belmont-Methuen 49 Mary St PO Box 353 Havelock ON K0L 1Z0 Otonabee-South Monaghan Crystal Springs Township of Otonabee-South Monaghan 1745 Base Line, RR 6 Station Main 1745 Base Line, RR 6 Station Main, Peterborough, ON K9J 6X7 Otonabee-South Monaghan Crystal Springs Township of Otonabee-South Monaghan 1744 Base Line, RR 6 Station Main 1745 Base Line, RR 6 Station Main, Peterborough, ON K9J 6X7 Otonabee-South Monaghan Crystal Springs Township of Otonabee-South Monaghan 1754 Base Line, RR 6 Station Main 1745 Base Line, RR 6 Station Main, Peterborough, ON K9J 6X7 Agenda Item#8a) Otonabee-South Monaghan Crystal Springs Township of Otonabee-South Monaghan 1762 Base Line, RR 6 Station Main 1762 Base Line, RR6 Station Main, K9J 6X7 Otonabee-South Monaghan Keene Township of Otonabee-South Monaghan 42 Pinecrest Avenue, Keene 1994 Fisher Drive, PO Box 7190 Peterborough, ON K9J 7A1 Smith-Ennismore-Lakefield Lakefield Township of Smith-Ennismore-Lakefield 44 Water Street, Lakefield PO Box 597, Lakefield, ON K0L 2H0

Prepared: January 7, 2013 Page 32 of154

Page 3 BOH Meeting - Sept. 11/13 Page 15 of 15 ... Agenda Item # 8a)

Staff Report

Non-Mandatory Re-Inspection of On-Site Sewage Systems County By-Law

Date: September 11, 2013

To: Board of Health

From: Dr. Rosana Pellizzari, Medical Officer of Health

Original approved by Original approved by

Rosana Pellizzari, M.D. Atul Jain, Manager, Inspection Services

Recommendations

That the Board of Health for the Peterborough County-City Health Unit:

receive the staff report, this report Non-Mandatory Re-Inspection of On-Site Sewage Systems County By-Law, for information; and

recommend to the County of Peterborough that the appended three year draft by-law (with fee schedule) be approved, confirming that the Health Unit: o will be the principal authority; and, o will conduct the non-mandatory re-inspection of on-site sewage systems in consultation with the local municipality, cottage associations, or other stakeholders.

Background

Under Part IV of the Clean Water Act, the principal authority is required to conduct inspections of on-site sewage systems located in “vulnerable areas” as outlined in source protection plans.

In the geographical area served by this Health Unit, the Otonabee Region Conservation Authority working with the Lower Trent Conservation Source Protection Committee has

BOH Meeting - Sept. 11/13 Page 1 of 12

CAO Report - Mandatory & Non- Page 33 of 154 mandatory septic reinspection ... Agenda Item # 8a)

identified, mapped and geocoded these vulnerable areas in its source protection plans and has provided the Health Unit with the number and location of sewage systems that require mandatory re-inspection.

Non-mandatory re-inspections are those that are not required under the Building Code, however, may be requested when the local municipality, cottage associations, or other stakeholders, suspect that sewage systems adjacent to surface waters (e.g., lakes, streams, rivers) may or are currently failing and polluting these natural environments. Therefore, a reinspection would be required to confirm if the sewage system is functioning properly.

These non-mandatory re-inspections would be done in cooperation with the local municipality, cottage associations, or other stakeholders within the County of Peterborough.

Financial Implications and Impact

Decision History

The Board of Health has previously made a decision in regards to this matter (May 8, 2013) by directing staff to bring forward a draft County by-law for consideration in the Fall of 2013, confirming the Health Unit as the principal authority and proposing the Health Unit conduct the non-mandatory re-inspection of on-site sewage systems from January 1, 2014 to December 31, 2016 (3 years).

Delivery Options and Rationale

Since non-mandatory inspections are not required to meet requirements under the Building Code, there are three options for the delivery of the non-mandatory re-inspection of on-site sewage systems:

(i) Health Unit (ii) County of Peterborough (iii) Local municipalities, cottage associations or stakeholders

In consideration of the costs and benefits of these options, it is recommended the Health Unit be the delivery agent for non-mandatory re-inspections. Based on our review, it would be most beneficial to the property owners within the County of Peterborough and the local municipalities for the reasons outlined below.

BOH Meeting - Sept. 11/13 Page 2 of 12

CAO Report - Mandatory & Non- Page 34 of 154 mandatory septic reinspection ... Agenda Item # 8a)

The Health Unit:

is currently the principal authority; has successfully conducted sewage system inspections for the past 25 years; houses the historical files and corporate memory on the locations of sewage systems identified for mandatory and non-mandatory re-inspections; can ensure cost neutrality, professional delivery of service and consistency; staff have the training, qualifications, and are appointed sewage system inspectors under the Building Code Act; sewage system inspectors have the ability and professional experience to identify other health hazards; is a neutral third party (i.e., can be objective) separate from the local municipality or other interest groups; and already has in place an administrative support system and a current sewage system database.

time for transition; and an investment for recruitment, training and the appointment of staff.

If there are multiple providers for applications and re-inspections, this may create confusion for users and increase the potential for errors.

The preferred option based on this rationale is that the Health Unit deliver the mandatory re- inspections of on-site sewage systems within the County of Peterborough and the Health Unit deliver the non-mandatory re-inspections of on-site sewage systems in cooperation with local municipality, cottage associations, or other stakeholders within the County of Peterborough.

Fee and Cost Recovery of Fee

A fee of $270.00 will be designated for the non-mandatory re-inspection of on-site sewage system.

However, the fee for the non-mandatory re-inspections may be set at a lower rate based on the number of on-site sewage systems in the proposed area and potential economies of scale. This reduced fee would be based on cost-recovery, determined jointly and agreed upon by the Health Unit and the local municipality, cottage associations, or other stakeholders.

The fee noted above will ensure cost neutrality and recovery of expenses for the Health Unit and is based on current staff wages, mileage and administrative costs.

BOH Meeting - Sept. 11/13 Page 3 of 12

CAO Report - Mandatory & Non- Page 35 of 154 mandatory septic reinspection ... Agenda Item # 8a)

It is proposed in the draft by-law, that the township is responsible for re-payment of the fees to the Health Unit and can determine a mechanism for re-payment for their residents that would present the least financial hardship on the property owner.

Strategic Direction

Although this program is not part of the Ontario Public Health Standards, it is consistent with the goals of promoting and protecting the health of the population in Peterborough County and City.

Contact: Atul Jain Manager, Inspection Services (705) 743-1000, ext. 259 [email protected]

Attachments: Attachment A – Proposed County By-law - Non-Mandatory Re-inspection of On-site Sewage Systems

BOH Meeting - Sept. 11/13 Page 4 of 12

CAO Report - Mandatory & Non- Page 36 of 154 mandatory septic reinspection ... Agenda Item # 8a)

ATTACHMENT A

The Corporation of the County of Peterborough By-law No. 2013 - xx ______A By-law to authorize the Corporation of the County of Peterborough to enter into a Non-Mandatory Re-inspection of On-Site Sewage Systems Agreement with The Peterborough County-City Health Unit.

And Whereas at the County Council Meeting of xxxx, 2013, County Council accepted the recommendation of the Director of Planning contained in his report “Non-Mandatory Re- inspections of On-site Sewage Systems” wherein he recommended:

“That that County Council authorize the Warden and Clerk to enter into a Non-Mandatory Re-Inspection of On-site Sewage Systems Agreement with the Peterborough County-City Health Unit for a 3 year term using the new fee structure as approved by the Board of Health; and further

Be it resolved that County Council direct that the necessary By-law be passed in this regard.”;

Now Therefore the Council of the Corporation of the County of Peterborough in Session duly assembled enacts as follows:

1. That the Corporation of the County of Peterborough be authorized to enter into a Re- Inspection of On-site Sewage Systems Agreement with The Peterborough County-City Health Unit in the form attached hereto as Schedule “A” to this By-law.

2. That the Warden and the Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule “A” and to affix the seal of the Corporation thereto.

3. That this by-law shall be commonly called the “Re-Inspection of On-site Sewage Systems Agreement By-law”.

Read a first, second and third time and passed in Open Council this xx day of xxx, 2013.

______J. Murray Jones Warden c/s ______Sally Saunders Clerk

BOH Meeting - Sept. 11/13 Page 5 of 12

CAO Report - Mandatory & Non- Page 37 of 154 mandatory septic reinspection ... Agenda Item # 8a)

Schedule “A” To By-Law 2013-XX

Non-Mandatory Re-Inspection of On-site Sewage Systems Agreement

This Agreement dated as of the day of xx, 2013 and authorized by the Corporation of the County of Peterborough By-law No. 2013-XX.

Between:

Board of Health for The Peterborough County-City Health Unit (hereinafter called the "Health Unit") of the First Part

- And –

The Corporation of the County of Peterborough (hereinafter called the "Municipality") of the Second Part

Now therefore in consideration of the mutual covenants herein contained, the parties hereto hereby agree as follows:

Article One

General

Section 1.01 Application: This Agreement shall be applicable to all lands where no municipal sewers are available in the Municipality (hereinafter called the "Lands").

Article Two

Definitions

Section 2.01 in this Agreement,

(i) "Sewage System" means any works for the collection, transmission, treatment and disposal of sewage or any part of such works to which the Act applies with a capacity of less than 10,000 litres;

BOH Meeting - Sept. 11/13 Page 6 of 12

CAO Report - Mandatory & Non- Page 38 of 154 mandatory septic reinspection ... Agenda Item # 8a)

(ii) "Inspector" means an inspector appointed under section 3.1(2) of the Building Code Act, 1992 as amended;

Article Three

Services of the Health Unit

Section 3.01 Services: The Peterborough County-City Health Unit shall provide the following services in relation to the Lands:

(i) Review the files in relation to the properties that the on-site sewage system is required to be re-inspected (i those properties requested by the municipality (non- mandatory).