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By-law No. 2019-060 MUNICIPALITY OF BAYHAM BY-LAW NO 2019-060 BEING A BY-LAW RESPECTING THE MUNICIPAL POLLUTION CONTROL SYSTEM AND MUNICIPAL STORM SEWER SYSTEM IN THE MUNICIPALITY OF BAYHAM AND THE ESTABLISHMENT OF SEWER CHARGES AND SEWER SURCHARGE RATES WHEREAS under section 11 of the Municipal Act, 2001, a municipality may pass by-laws respecting matters within the sphere of jurisdiction of Public Utilities, which includes a system that is used to provide water services for the public; AND WHEREAS section 9 of the Municipal Act, 2001 provides that section 11 shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate and to enhance their ability to respond to municipal issues; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS A BY-LAW AS FOLLOWS: Short Title This By-law may be referred to as the Municipal Pollution Control System and Storm Sewer System By-law Section 1 - Definitions 1.1 In this by-law: a) "Building Sewer" shall mean that part of the Sewer Service commencing at a point one metre from the outer face of the wall of a building or other structure and terminating at the street line, property line or easement limit; b) "Chief Building Official (CBO)" shall mean the Chief Building Official (CBO) of the Corporation of the Municipality of Bayham; c) "Council" shall mean the Council of the Corporation of the Municipality of Bayham; d) "Consumer" shall mean the Owner, occupant, builder or developer of property which is serviced by, connected to or uses the Municipal Water Pollution Control System; e) "Dwelling Unit" shall mean a real property used or designed for use as a home or as a place in which one or more persons may sleep; 1 f) "Manager of Public Works" shall mean the Manager of Public Works of the Corporation of the Municipality of Bayham; g) "Municipality" shall mean the Corporation of the Municipality of Bayham; h) "Municipal Storm Sewer System" shall mean the buildings, structures, storm sewers and Sewer Service Connections, equipment, appurtenances, pumping stations and outfalls under the jurisdiction of the Municipality for land drainage including storm, surface overflow, sub-surface or seepage waters or other drainage from the land within the Municipality of Bayham; i) "Municipal Water" shall mean potable water or raw water carried by the Municipal Water Supply System; j) "Municipal Water Pollution Control System" shall mean the water pollution control system of the Municipality including all Municipal buildings, structures, water pollution control plants, outfalls, equipment, water pollution control pumping stations, sanitary sewers, Sewer Service Connections, appurtenances and all sewage works other than the Municipal Storm Sewer System designated for the collection and disposal of sewage together with all lands appropriated for such purposes and uses; k) "Owner" shall mean the registered owner of a parcel of property as such person is described in the most current assessment roll; I) "Person" shall include an individual, sole proprietorship, partnership, unincorporated association, unincorporated organization, corporation, trustee, heir, executor, administrator or other legal representative; m) "Residential Building" shall mean a structure that contains one or more Dwelling Units; n) "Sewer" shall mean a pipe forming part of the Municipal Water Pollution Control System that conveys sewage from Sewer Services to water pollution control plants or outlets or part of the Municipal Storm Sewer System that conveys stormwater; o) "Sewer Charges" shall mean the charges set out in Schedule "A" of this by-law; p) "Sewer Service" shall mean the pipe connecting a Municipal Sewer to the building drain at a point one metre from the outer face of the wall of a building or other structure and such pipe consists of a Sewer Service Connection and a Building Sewer; q) "Sewer Service Connection" shall mean that part of the Sewer Service from the Municipal Sewer to the Building Sewer; r) "Sewer Surcharge Rates" shall mean the rates set out in Schedules "A" of this 2 by-law; s) "Unit" shall mean an area within a building that is self-contained with separate plumbing facilities and, in the case of multiple units, the units may be owned or rented by different Persons; t) "Treasurer" shall mean the Treasurer of the Corporation of the Municipality of Bayham; u) "Water/Wastewater Operations Manager" shall mean the Water/Wastewater Operations Manager of the Corporation of the Municipality of Bayham. Section 2 - General Provisions 2.1 The responsibility for the construction, operation and maintenance of the Municipal Water Pollution Control System is vested in the WaterNVastewater Operations Manager. 2.2 The responsibility for the construction, operation and maintenance of the Municipal Storm Sewer System is vested in the Manger of Public Works. 2.3 No construction, operation or maintenance work of any kind or nature not specifically authorized by this by-law shall be performed on the whole or any part of the Municipal Water Pollution Control System except as authorized in writing by the Water/Wastewater Operations Manager 2.4 No construction, operation or maintenance work of any kind or nature not specifically authorized by this by-law shall be performed on the whole or any part of the Municipal Storm Sewer System except as authorized in writing by the Manager of Public Works 2.5 The Municipality may provide a Municipal Water Pollution Control System and a Municipal Storm Sewer System, as circumstances, equipment and capacity permit. 2.6 No Municipal Water Pollution Control System or Municipal Storm Sewer System shall be provided to any property outside of the Municipality of Bayham except by special agreement with the Municipality. 2.7 Any Person authorized by the Water/Wastewater Operations Manager for that purpose shall have free access, at all reasonable times, and upon reasonable notice given and request made, to all property and parts of every building or other premises to which Municipal Water Pollution Control System Services are supplied, for the purpose of inspecting, repairing, altering or disconnecting any Municipal Water Pollution Control System Service. 2.8 Any Person authorized by the Manager of Public Works for that purpose shall have free access, at all reasonable times, and upon reasonable notice given and request 3 made, to all property and parts of every building or other premises to which Municipal Storm Sewer System Services are supplied, for the purpose of inspecting, repairing, altering or disconnecting any Municipal Storm Sewer System Service. 2.9 Plants, Shrubs, trees, hedges, fences, other structures and vehicles shall not obstruct the free access to, and the repair or operation of any portion of the Municipal Water Pollution Control System or Municipal Storm Sewer System by duly authorized employees or agents of the Municipality 2.10 No Person shall proceed with, or authorize, any construction which is, or is proposed to be, located over, under, across or along any Sewer or other works forming part of the Municipal Water Pollution Control System without first notifying the Water/Wastewater Operations Manager in writing of his intention to proceed with the same. If, in the opinion of the Water/Wastewater Operations Manager, it becomes necessary to support, protect or relocate such Sewer or other works, the cost of supporting, protecting or relocating the Sewer or other works shall be charged to such Person and the Water/Wastewater Operations Manager shall have the power to supervise and direct the supporting, protecting or relocating of such works. 2.11 No Person shall proceed with, or authorize, any construction which is, or is proposed to be, located over, under, across or along any Sewer or other works forming part of the Municipal Storm Sewer System without first notifying the Manager of Public Works in writing of his intention to proceed with the same. If, in the opinion of the Manager of Public Works, it becomes necessary to support, protect or relocate such Sewer or other works, the cost of supporting, protecting or relocating the Sewer or other works shall be charged to such Person and the Manager of Public Works shall have the power to supervise and direct the supporting, protecting or relocating of such works. 2.12 Any Person who has proceeded with or authorized any construction or work which is located under, over, across or along any Sewer or other part of the Municipal Water Pollution Control System shall be liable for any damage caused by such construction work. The Water/Wastewater Operations Manager shall be notified immediately of any damage inflicted on the Municipal Water Pollution Control System. If the damage is not remedied to the satisfaction of the Water/Wastewater Operations Manager within a reasonable period of time, the Water/Wastewater Operations Manager may, upon giving reasonable notice, have such damage repaired, and the cost of the repairs shall be borne by such Person. 2.13 Any Person who has proceeded with or authorized any construction or work which is located under, over, across or along any Sewer or other part of the Municipal Storm Sewer System shall be liable for any damage caused by such construction work. The Manager of Public Works shall be notified immediately of any damage inflicted on the Municipal Storm Sewer System. If the damage is not remedied to the satisfaction of the Manager of Public Works within a reasonable period of time, the Manager of Public Works may, upon giving reasonable notice, have such 4 damage repaired, and the cost of the repairs shall be borne by such Person. Section 3 - Sewer Surcharge Rates, Charges and Revenue 3.1 If in any fiscal year the revenues generated by the Sewer Surcharge Rates and Sewer Charges are not sufficient to meet the Municipality's expenditures for the Municipal Water Pollution Control System, the deficit may be covered by a duly authorized increase in Sewer Surcharge Rates and Sewer Charges for the succeeding fiscal year. To the extent that such increases are not sufficient for such purposes, the required amounts shall be raised by a duly authorized special Municipal levy as set out in the Municipal Act, 2001. 3.2 All revenue raised by the methods described in this by-law, or authorized, shall be applied to the Municipal Water Pollution Control System. 3.3 Consumers who discharge flow to the Municipal Water Pollution Control System shall pay the Sewer Surcharge Rates set out in Schedule "A" of this by-law. 3.4 Persons desiring to connect buildings that they own or occupy to the Municipal Water Pollution Control System shall, in accordance with Section 5 of this by-law, pay the connection related charges and in accordance with Section 6 of this by-law, pay frontage charges. 3.5 Persons desiring the extension of the Municipal Water Pollution Control System shall pay charges in accordance with Section 7 of this by-law. 3.6 Persons requiring the miscellaneous services set out in various parts of this by-law shall pay the charges set out in Schedule "A" for such services. 3.7 Notwithstanding any Section or Schedule of this by-law the Consumer shall be responsible for all applicable costs associated with the Municipal Water Supply System and the Water/Wastewater Operations Manager shall have authority to require full cost recovery payments of a Consumer for any service provided. Section 4 — Connections to the Municipal Water Pollution Control System 4.1 For purposes of this Part, "Building Sewer", "Sewer", "Sewer Service" and "Sewer Service Connection" shall refer only to the Municipal Water Pollution Control System. 4.2 An Owner (referred to in this Part as an "Applicant") wishing to have a building connected to the Municipal Water Pollution Control System shall apply to the Municipality. 4.3 No connection shall be made to the Municipal Water Pollution Control System until, a) an Application for Sewer/Water Service in the form provided by the Water/Wastewater Operations Manager (referred to in this Part as an "Application") has been approved by the Municipality; and 5 b) a plumbing permit has been approved by the CBO. 4.4 All applicable connection charges shall be paid and the Municipality's approval received at least three weeks prior to the date by which connection to the Municipal Water Pollution Control System is requested for any Sewer Service Connection to be installed by the Municipality. 4.5 An Application must be completed prior to the connection of the Building Sewer to the preinstalled Sewer Service Connection for each separate Sewer Service in housing developments built on lands subject to registered plans of subdivision where the Sewer Service Connection has been installed by the subdivider. 4.6 The Water/Wastewater Operations Manager may refuse approval of an Application where, in the Water/Wastewater Operations Manager's opinion, a) the Municipal Water Pollution Control System may be adversely affected b) there is insufficient sewage collection and treatment capacity available c) a Sewer does not abut the applicant's land; or d) the service would contravene existing by-laws or other regulations. 4.7 An Application shall be approved and issued prior to a building permit or plumbing permit where such permits are necessary. 4.8 Where a Sewer Service Connection is to be installed for any use other than single family, semi-detached, street townhouse or street link houses, detailed plans of the proposed Sewer Service acceptable to the Water/Wastewater Operations Manager, shall be submitted with each Application. 4.9 Every Application shall be accompanied by a payment equal to the sanitary Sewer Service Connection charge set out in Schedule "A" and the applicable frontage charge payment calculated in accordance with Section 6 of this by-law. 4.10 Where a Sewer Service Connection is required and is not installed as part of a plan of subdivision, the Application shall be construed or interpreted to be an application for the Municipality to construct the Sewer Service Connection. 4.11 The installation of the Sewer Service Connection shall not be scheduled or commenced in any way until the applicant has met all requirements of this by-law. 4.12 If any Sewer Service installation does not comply with the plans submitted pursuant to Section 4.8 of this by-law, the Municipality will not accept sewage from the premises served, or may shut off the supply of Municipal Water, until the installation is made to comply with the approved plans. 4.13 For those applications for which there is insufficient capacity within the Municipal Pollution Control System servicing the Applicant's property to meet the request of the Applicant, the Municipality may, a) deny the Application; b) grant the Application if, capacity can otherwise be made available; 6 c) require the Applicant to enter into a consumption and discharge agreement with the Municipality ; d) require the Applicant to agree to pay the cost of additional facilities necessary to meet the requirements set out in the application. 4.14 Following the approval by the Municipality of an Application, the Treasurer shall, in the case of a commercial building, establish a customer account in the name of the Consumer, and in the case of a residential building, establish a customer account in the name of the Owner, for the purpose of billing Sewer Charges and Sewer Surcharge Rates. 4.15 All work involved in the installation and maintenance of Sewer Service Connections shall be performed only by duly authorized employees or agents of the Municipality or by the Applicant in accordance with the terms of a servicing agreement. 4.16 Every Sewer Service shall be laid in a straight line and at a right angle to a Sewer, as nearly as practicable. 4.17 Where the Applicant indicates in the Application a desired location for the Sewer Service Connection, it shall be located as indicated provided the proposed location is approved by the Water/Wastewater Operations Manager. 4.18 Where the Applicant does not indicate in the Application a desired location for the Sewer Service Connection, it will be located as determined by the Water/Wastewater Operations Manager. If the Applicant subsequently requires a relocation of the Sewer Service Connection, such relocation shall be at the expense of the Applicant, which is in addition to the original Sewer Service Connection charge. 4.19 No Sewer Service to one Owner's building shall be installed in, over or across the property of another Person or located on an easement on another Person's property, except by the written consent, in the form of an easement agreement, of the Persons concerned and the approval of the Water/Wastewater Operations Manager. 4.20 Only one Sewer Service shall be installed on each lot, block or parcel of land unless otherwise approved by the Water/Wastewater Operations Manager. 4.21 A Sewer Service shall be installed to each Unit of semi-detached houses, street townhouses and street link houses, unless the Water/Wastewater Operations Manager has approved an alternate form of connection. 4.22 Where more than one lot, block or parcel of land under separate ownership is served by a single Sewer Service, the Water/Wastewater Operations Manager may order the affected Consumers to disconnect from the single Sewer Service and to conform to Section 4.21 of this by-law and all costs, including those for installing new Sewer Service Connections, shall be borne by the Consumers. 7 4.23 A Consumer shall be responsible for the installation of a Building Sewer. 4.24 There shall be no discharge of water or any other fluid or material into Sewer Services during the construction of buildings. 4.25 Sewer Services shall be installed in the size, material and to other specifications approved by the Water/Wastewater Operations Manager. 4.26 Owners or occupants of land whose premises are served by the Municipal Water Pollution Control System are responsible for providing a readily accessible 100 millimetre clean out within 1 metre of the inner face of the outside wall where the Building Sewer leaves the building. 4.27 All Sewer Service trenches shall have proper bedding and be properly backfilled to the satisfaction of the Water/Wastewater Operations Manager and adequately protected against settlement. 4.28 Where an Application necessitates the installation of a monitoring manhole at the property line on private property pursuant to the provisions of the Municipality's' Sewer Use By-law, the installation of the manhole shall be the responsibility of the Applicant and the costs of such installation shall be borne by the Applicant. 4.29 The Water/Wastewater Operations Manager may connect a Sewer Service Connection to an existing monitoring manhole on private property. 4.30 Where a monitoring manhole is required but not yet constructed, the Water/Wastewater Operations Manager may install the Sewer Service Connection and leave it plugged until a monitoring manhole is constructed by the Owner. 4.31 Where a monitoring manhole is constructed after the installation of a Sewer Service Connection, the Person constructing the monitoring manhole shall connect the Sewer Service Connection to the monitoring manhole, advise the Water/Wastewater Operations Manager that such connection has taken place and request that the connection be inspected by the Water/Wastewater Operations Manager. 4.32 The Water/Wastewater Operations Manager is responsible for the installation, maintenance, flushing, cleaning, rotting, unblocking and repairing of Sewer Service Connections and all such work shall be done only by employees or agents of the Municipality. 4.33 The Municipality will not clean, repair or renew Sewer Services which are longer than 30 metres. 4.34 The Municipality shall clean Sewer Services, including flushing, rodding or unblocking, throughout the Municipality of Bayham, only where readily accessible 100 millimetre diameter cleanouts are available, for single-family houses, semi- detached houses, street townhouses and street link houses with separate direct 8 connections to the street sewer, and up to the nearest outside manhole for condominiums and all costs shall be borne by the Consumer. a) If the Consumer or his agent does the cleaning, without the Municipality's authorization, the Consumers do so at the Consumer's cost and there shall be no reimbursement of such costs by the Municipality. 4.35 All Owners of single-family houses, semi-detached houses, street townhouses and street link houses which have less than a 100-millimetre diameter cleanout or a "T" cleanout on their Sewer Services shall be provided with one (1) cleaning. Such Owners shall be advised that no further cleaning will be provided by the Municipality until a readily accessible 100-millimetre diameter cleanout has been installed at their own expense. 4.36 All repairs to, or renewals of, Building Sewers for single-family houses, semi- detached houses, street townhouses and street link houses with separate direct connections to the Sewer, shall be undertaken by the Municipality (excluding surface restoration, landscaping and paving) and all costs shall be borne by the Consumer. The Water/Wastewater Operations Manager may set guidelines for such works. 4.37 Where any Sewer Service Connection or Building Sewer is found to have been blocked or damaged through the action of the Consumer occupying the property served by the pipe, or through the actions of any other Person, the cost of labour and materials used to repair such blockage or damage shall be charged to the Owner. 4.38 No repairs to, or renewals of, Building Sewers shall be undertaken until the Owner signs the release form as provided by the Water/Wastewater Operations Manager. 4.39 Connection to the Municipal Water Pollution Control System through a rear yard shall only be allowed with the approval of the Water/Wastewater Operations Manager and by agreement with the Municipality covering, among other matters, maintenance, flushing, cleaning, rodding, unblocking, repairing, renewing and charges. 4.40 No Person shall make any temporary connection to the Municipal Water Pollution Control System except by agreement with the Municipality. 4.41 Where a building has been or will be demolished or removed and an Owner wishes to reuse a Sewer Service Connection, which previously served the building, the Owner shall apply to reuse the Sewer Service Connection. Such Application shall be accompanied by an inspection fee in an amount set out in Schedule "A" of this by-law. 4.42 Before approval and issuance of an Application, the Owner shall expose the disused Sewer Service Connection and prepare it for inspection by the Water/Wastewater Operations Manager, who may, upon inspecting such Sewer Service Connection, refuse to allow its reuse if, in the opinion of the 9 Water/Wastewater Operations Manager, it is not suitable material, of inadequate size, or defective. The opinion of the Water/Wastewater Operations Manager on this matter shall be final. 4.43 Where the Water/Wastewater Operations Manager deems that the Sewer Service Connection referred to in Section 4.42 of this by-law cannot be used, the Municipality shall replace such Sewer Service Connection and charge for such work and all costs shall be borne by the Owner. 4.44 When the Water/Wastewater Operations Manager determines that a Sewer Service Connection is no longer required due to property redevelopment or otherwise and can be abandoned, the Sewer Service Connection shall be disconnected at the Sewer by the Municipality, and the cost of the disconnection shall be borne by the Owner of the lot, block or parcel of land which the Sewer Service Connection served or was intended to serve, or collected as otherwise directed by the Water/Wastewater Operations Manager. Section 5 — Connections to the Municipal Storm Sewer System 5.1 For purposes of this Part, "Building Sewer", "Sewer Service" and "Sewer Service Connections" shall refer only to the Municipal Storm Sewer System. 5.2 An Owner (referred to in this Part as an "Applicant") wishing a connection to the Municipal Storm Sewer System shall apply to the Municipality. 5.3 The Manager of Public Works, upon application to the Municipality by the Applicant, may permit foundation drain flows from a lot to be discharged by an Owner in the following manner: a) via a sump pump to the ground surface, provided that the discharge to the ground surface does not create continually wet ground conditions and/or does not create any adverse effect upon municipal sidewalks and roads or upon adjacent properties; or b) via a sump pump to a storm sewer; or c) via a sump pump to a dry well system, provided that appropriate soil and ground water testing is completed to establish the suitability of using a dry well system, and that the dry well system is designed and certified by a qualified Ontario Professional Engineer; or d) by gravity water flow to the storm sewer, if capacity, as determined by the Manager of Public Works, exists in the storm sewer. 5.4 Pursuant to Section 5.3 of this By-law, any approved and permitted discharge flows shall be constructed, installed, maintained and serviced at no cost to the Municipality and all costs shall be borne by the Owner of the subject lot. 5.5 No connection shall be made to the Municipal Storm Sewer System until an Application for Sewer/Water Service in the form provided by the Manager of Public Works (referred to in this Part as an "Application") has been approved by the Municipality. 10 5.6 All applicable connection charges must be paid and the Municipality's approval received at least three weeks prior to the date by which connection to the Municipal Storm Sewer System is requested for any Sewer Service Connection to be installed by the Municipality. 5.7 All Applications must be accompanied by detailed plans of the proposed Sewer Service acceptable to the Manager of Public Works. 5.8 The Manager of Public Works may refuse to establish a connection to the Municipal Storm Sewer System where in his opinion the proposed connection would harm or overload the system or where the connection would contravene existing by-laws or regulations. 5.9 All work involved in the installation of a Municipal Storm Sewer System Service Connection shall be performed by duly authorized employees or agents of the Municipality or by the Applicant in accordance with the terms of a servicing agreement. 5.10 No person shall make any temporary connection to the Municipal Storm Sewer System, except by agreement with the Municipality. Section 6 — Municipal Water Pollution Control System Frontage Charges 6.1 Frontage charges shall be applied to all lots within the Municipal Water Pollution Control System service area where no previous direct contribution to the capital cost of the Sewer has been made in relation to the lot. a) For the purpose of Section 6 of this by-law, service area shall mean the Village of Port Burwell, the Village of Straffordville, the Village of Vienna and the Hamlet of Eden as defined in the Municipality of Bayham Official Plan. 6.2 Frontage charges shall be calculated by multiplying the frontage of the lot by the standard frontage charge rates set out in Schedule "A"of this by-law. 6.3 Subject to Section 6.2 of this by-law the frontage of a lot shall be the frontage as recorded in the Municipal Assessment Roll. 6.4 The Municipality may reduce the frontage of a lot for the purpose of calculating frontage charges for: a) corner lots at the junction or intersection of streets or highways; b) lots that are for any reason wholly or in part unfit for building purposes; c) lots, other than corner lots, that have two limits that abut on two or more streets but which cannot make use or full use of extensions to the Municipal Water Pollution Control System installed in one or more of the said streets; and d) lots having frontage in excess of 50 metres that are used for agricultural purposes or residences in connection with such agricultural purposes. 11 6.5 The Municipality may reduce or increase the frontage of a lot for the purpose of calculating frontage charges for lots that are triangular or irregularly shaped. 6.6 All reductions or increases of frontage charges pursuant to 6.4 and 6.5 of this by- law shall be made on a fair and equitable basis having regard, among other matters, to the situation, value and superficial area of the lot as compared with other lots and the Municipal Water Pollution Control System services provided to the lot. Any reductions or increases of frontage charges shall be approved by the Treasurer. 6.7 Where the Municipality has reduced the frontage of a lot for the purpose of calculating frontage charges pursuant to Section 6.4 and 6.5 of this by-law, it may subsequently increase the frontage charges where the use of the land changes or where the lot is divided into two or more parcels. 6.8 If the Municipal Water Pollution Control System does not extend to the whole frontage of a lot to be serviced, frontage charges shall nonetheless be based on the total frontage of the lot 6.9 Failure to remit payment in full of all applicable frontage charges shall prohibit actual connection of the Consumer to the Municipal Water Pollution Control System. Section 7 — Extension of the Municipal Water Pollution Control System 7.1 Extension of the Municipal Water Pollution Control System may be undertaken upon such terms and conditions as Municipal Council may from time to time impose. 7.2 All extensions of the Municipal Water Pollution Control System shall be made pursuant to by-laws of Council. 7.3 Owners may file with the Water/Wastewater Operations Manager a written request for an extension of the Municipal Water Pollution Control System and shall supply the Water/Wastewater Operations Manager with such information with regard to the proposed extension as the Water/Wastewater Operations Manager may request. 7.4 The Water/Wastewater Operations Manager shall forward all requests for extensions of the Municipal Water Pollution Control System to Council. 7.5 Where the Municipal Water Pollution Control System has been extended, Owners of lots abutting such extension shall pay frontage charges in accordance with Section 6 of this by-law. 7.6 If, at the same time that a request for the extension of the Municipal Water Pollution Control System is received, sufficient funds do not exist to finance any Municipal share of the cost of such extension, the Owner's request shall either be deferred 12 until the following year or proceeded with on the basis of the Owner prepaying the total cost of the extension. Section 8 - Miscellaneous Services and Requirements 8.1 The Treasurer shall, upon receiving a written request accompanied by payment of the fee set out in Schedule "A" of this by-law, in respect to each separate parcel of land or building, furnish any Person with a written certificate showing the arrears of Sewer Surcharge Rates and Sewer Charges due or outstanding sewer frontage or connection charges, on or in respect of, any parcel of land or buildings, up to the date to which such rates or charges were last computed. 8.2 Payments submitted by Consumers and subsequently dishonoured by the financial institution on which they are drawn shall be processed by the Treasurer for the charge set out in Schedule "A" of this by-law. Section 9 - Billing and Collecting Sewer Surcharge Rates and Charges 9.1 The Consumer shall notify the Treasurer in writing of any change of occupancy and shall pay the applicable charges as set out in Schedule "A" of this by-law, for change of occupancy. 9.2 All Sewer Charges and Sewer Surcharge Rates shall be payable for sewage discharged and services provided and shall be due and payable when rendered. 9.3 Regular billings for Sewer Charges and Sewer Surcharge Rates may be rendered at any periodic interval deemed advisable by the Treasurer. 9.4 The Treasurer may with reasonable notice advance or delay any regular billing of Sewer Charges and Sewer Surcharge Rates. 9.5 The Treasurer may bill Owners for frontage charges imposed pursuant to Section 6 of this by-law at the same time, in the same manner and with the same remedies for collection as Sewer Surcharge Rates. 9.6 Where full payment for any regular billing for Sewer Charges and Sewer Surcharge Rates is not received by the Municipality by the due date, the Consumer shall be assessed a late payment charge as set out in Schedule "A", and the amount shall appear on the next regular billing. 9.7 Where any regular billing for Sewer Charges and Sewer Surcharge Rates or interest charges remains unpaid for three billing cycles, a period of six months, the Treasurer may add the amount owing to the municipal tax bill for the lot, as reflected in the assessment roll book, and collect in the same way, as nearly as may be, as municipal taxes are collected. a) If it becomes necessary for the Municipality to initiate the collection action indicated in Section 9.7 of this by-law, a collection fee as set out in Schedule "A" of this by- law, shall be charged to the Consumer. 13 9.8 All sewer bills shall be distributed to Consumers by ordinary, prepaid mail or by any other means deemed necessary or appropriate by the Treasurer. 9.9 Sewer Charges and Sewer Surcharge Rates shall be charged and billed to, in the case of a Residential Building, the Owner of the Residential Building; and in the case of all other buildings and properties, the Consumer requesting the Sewer Services. 9.10 Notwithstanding Section 9.9 of this by-law Sewer Charges and Sewer Surcharge Rates may continue to be charged and billed to the Consumer in whose name the account was established prior to the enactment of this by-law if and so long as such Consumer remains in possession of the Residential Building. a) Where bills may be directed to tenants or occupants at the request of the Owner pursuant to Section 9.10 of this by-law, it is the Owner who is ultimately responsible for the sewer services. Unpaid Sewer Charges and Sewer Surcharge Rates shall be directed to the owner for payment pursuant to Section 9.9 of this by-law. 9.11 All Sewer Charges and Sewer Surcharge Rates for services rendered to buildings having multiple Units shall be charged and billed to the Owner of the property. a) Subject to Section 9.11 of this by-law properties and/or buildings containing more than one business and/or dwelling unit shall receive a Sewer Surcharge Rate as described in Schedule "A" of this by-law for each dwelling unit and/or business contained therein. b) An Owner may request an inspection by the Water/Wastewater Operations Manager and/or CBO to determine the amount of unit base charges to be charged pursuant to this by-law. c) The decision of the Water/Wastewater Operations Manager and/or CBO regarding an inspection pursuant to Section 9.11(b) shall be final and not subject to appeal. d) A Sewer Surcharge Rate reduction to 50% shall apply to vacant Commercial Units. The reduction is conditional upon the Owner notifying the municipality of the vacancy in writing and the unit must be designated Commercial in the Municipality of Bayham Zoning By-law. 10.12 All Sewer Charges and Sewer Surcharge Rates for services rendered to buildings registered under the Condominium Act, R.S.O. 1990, c.C.26, as amended, shall be billed to the condominium corporation. 10.15 Payment may be made, with no additional service charge, by personal cheque through the mail, by personal cheque or cash in person at Municipal Office, or with a possible charge, at any chartered bank within the Municipality or at any location or payment means as directed by the Treasurer. Section 10 - Offences 10.1 No Person shall: a) willfully hinder or interrupt, or cause or procure to be hindered or interrupted the 14 Municipality, or any of its officers, contractors, employees or agents, in the exercise of any of the powers conferred by this by-law; b) wilfully obstruct free access by Municipal employees to any part of the Municipal Water Pollution Control System or Municipal Storm Sewer System; c) lay or cause to be laid any pipe or sewer to connect with any pipe or sewer of the Municipal Water Pollution Control System or the Municipal Storm Sewer System or in any way obtain use of the Municipal Water Pollution Control System or Municipal Storm Sewer System without the consent of the Municipality; d) hinder, obstruct or refuse entry to any employee or agent of the Municipality in the discharge of any duty under this by-law; e) wilfully cause the Municipal Water Pollution Control System or the Municipal Storm Sewer System to be blocked, obstructed, or damaged in any way. f) contravene any provision of this by-law. 10.2 Every person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to pay a fine or penalty for each offence, exclusive of costs, as provided for in the Provincial Offences Act, R.S.O. 1990, c.P.33, as may be amended from time to time 10.3 For purposes of Section 10 of this by-law, a separate violation shall be deemed to have been committed for each and every day during which any violation continues, and conviction in respect of a violation shall not operate as a bar to further prosecution if such violation continues. 10.4 Where a condition is found to exist which is contrary to this by-law the Municipality may carry out an inspection and shall issue an order or orders to the Owner to obtain compliance. a) Where with a written notice from the Water/Wastewater Operations Manager and/or the Manager of Public Works has not been complied with within the time period specified within the written notice, the Municipality may take any action deemed necessary to rectify the issue. All costs to rectify the issue shall be borne by the Owner. Section 11 - Enforcement 11.1 The provisions of this by-law may be enforced by any Person, including the Water/Wastewater Operations Manager and/or the Manager of Public Works, approved for the purpose by a by-law of the Municipality and/or employees of the Municipality whose duties include enforcement of this by-law. 11.2 If there is a conflict between a provision in this By-law and a provision of any other Municipal By-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public shall apply. Section 12 — Interpretation 12.1 The schedules referred to in this by-law shall form part of this by-law. 15 12.2 If any section, subsection, or part of this by-law is declared by any court of competent jurisdiction to be illegal or ultra vires, such section, subsection or part shall be declared to be separate and independent and enacted as such. 12.3 Wherever a word importing the singular number is used in this by-law, such word shall include the plural. 12.4 The grammatical changes required to make the provisions of this by-law apply to individuals (male or female), sole proprietorships, partnerships, unincorporated associations, unincorporated organizations, corporations, trustees, heirs, executors, administrators and other legal representatives where the context so requires shall be assumed as though in each case fully expressed. Section 13 - Repeal 13.1 That By-law No. 2014-100, 2001-085, By-law No. 2001-088, 2003-031 and By-law No. 2003-32 shall be repealed in its entirety, with the exception of the identification of defined and deferred service areas, effective June 30, 2019. Section 14 — Effective Date 14.1 This by-law shall become effective and in full force July 1, 2019. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 20th day of June 2019. AYOR /'vf? 16 Schedule 'A' Wastewater Surcharge Rates 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Monthly $56.06 $56.62 $57.19 $57.76 $58.34 $58.92 $59.51 $60.11 $60.71 $61.32 $61.93 Charge Wastewater Connection & Frontage Charges 2019 Frontage/ft. Connection Eden $38.68 $5,689.67 Port Burwell $24.28 $5,783.08 Straffordville $38.68 $5,689.67 Vienna $38.68 $4,485.69 Stormwater Private Drain Connection (PDC) Charges 2019 Fee Residential PDC Connection $4,000.00 Other/Commercial PDC Connection $5,250.00 Notes: 1) Should costs exceed minimum fee, full cost recovery for Capital Construction will be applied. (This will include road restoration and all other costs incurred to install services.) 2) PDC, Connection and Frontage Charges to be indexed annually in January in accordance with the Statistics Canada Quarterly, Construction Price Statistics, catalogue No. 11-001. ITEM FEE Sewer Connection Permit $200.00 Sewer Connection Inspection $100.00 Change of Occupancy-New Account Charge $25.00 Add to Tax Roll Charge $50.00 Late Payment Charge 5% NSF Payment Charge $30.00 Utility Account Certificate $75.00 Septage Receiving Facility - Disposal Fee $13.50/cubic metre 17