Sewer System Charges By-law
WM-15 – Consolidated October 09, 2012
This by-law is printed under and by authority
of the Council of the City of London, Ontario, Canada
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Copyright 2001
OFFICE CONSOLIDATION
INCLUDING AMENDMENT WM-15-10002 (October 09, 2012)
Bill No. 44
2005
By-law No. WM-15
A by-law for imposing a sewer system charge
WHEREAS under section 221 of the previous Municipal Act, a municipality had
the power to impose upon owners or occupants of land who use sewage works a sewage
service rate, defined as a charge for the operation, repair and maintenance of sewage works;
AND WHEREAS under section 221 of the previous Municipal Act, a
municipality had the power to establish by by-law a sewage service rate structure upon which
sewage service rates shall be based and calculated and, in establishing the rate structure,
the council shall have regard to differentiating between classes of users, nature, volume and
frequency of use and all other relevant matters to ensure that sewage service rates are
imposed upon a basis that is equitable and just, and where the sewage service rate is based
on the water rate it shall be collectable in the same manner as water rates;
AND WHEREAS under section 221 of the previous Municipal Act, a
municipality had the power to exempt any property or class of property from all or part of the
rate based on the amount of service received or the amount of benefit derived or derivable
from the construction of the sewage works;
AND 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, and
Public utilities includes a system to provide for services relating to sewage, which is defined
to include storm water and other drainage from land and commercial wastes and industrial
wastes that are disposed of in a sewage system;
AND WHEREAS section 9(1) 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;
AND WHEREAS section 9(2) of the Municipal Act, 2001 provides that in the
event of ambiguity in whether or not a municipality has the authority to pass a by-law under
section 11, the ambiguity shall be resolved so as to include, rather than exclude, municipal
powers that existed on December 31, 2002;
AND WHEREAS Ontario Regulation 244/02 under the Municipal Act, 2001
imposes enhanced public notification requirements where fees or charges are imposed for the
use of a sewage system, and the City has held a public meeting and provided notice of the public
meeting in accordance with that Regulation.
THEREFORE the Municipal Council of The Corporation of the City of London
enacts as follows:
SEWER SYSTEM CHARGE BY-LAW
DEFINITIONS
1. In this by-law,
“land” means land in the City of London and includes any estate, term, easement, right or
interest in, to, over or affecting land;
“City” means the Corporation of the City of London;
“Company” means London Hydro Inc.;
"construction" includes reconstruction, improvements, extension, alteration, replacement, and
repairs;
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"sewage" includes drainage, storm water, commercial wastes and industrial wastes and such
other matter or substance as is specified by regulations made under clause 75(1)(j) of the
Ontario Water Resources Act;
"sewage service" means the acceptance, collection, transmission, storage, treatment and
disposal of sewage, or any one or more of them;
"sewage works" means any works for the collection, transmission, treatment and disposal of
sewage or any part of such works but does not include plumbing to which the Building Code
Act, 1992 applies.
ADMINISTRATION OF BY-LAW
2. The administration of this by-law is assigned to the City Treasurer.
ALTERNATE NAME FOR CHARGE
3. Sewage system fees and charges under this by-law may be referred to as a Sewer System
Charge, a Sanitary Sewer Charge or a Storm Drainage Charge, as the case may be.
CALCULATION OF CHARGE
4. (1) The following classifications are established for the purposes of this by-law:
(2)
1.
residential, which includes but is not confined to a single dwelling with or
without an accessory apartment or home occupation, a duplex dwelling,
a triplex dwelling, and a fourplex, and a townhouse serviced by one
water meter.
2.
commercial, which includes but is not confined to an office building, a
shopping mall or plaza, a hotel, a motel, a financial institution, a
restaurant, an automotive service station, a retail establishment, a
dental, legal, medical or other professional office serviced by one water
meter, and a dwelling with five or more dwelling units serviced by one
water, meter, and a building whose use is predominantly commercial but
which contains no more than four accessory dwelling units.
3.
industrial, which includes but is not confined to a facility for
manufacturing, assembling, raw materials processing, food and
beverage processing, and pharmaceutical and medical products
manufacturing, publicly-owned facility for waste management, treatment
or landfilling, water processing, pollution control, and hazardous
substance treatment.
4.
institutional, which includes but is not confined to an educational facility,
health care facility, and a building of a municipal, provincial or federal
government, and of a local board or agency.
A Sewer System Charge payable under this by-law shall be calculated in
accordance with Tables 1 and 2 of the Schedule of Sewer System Fees and
Charges Bylaw with reference to,
(a)
Line 1, if the land in respect of which the rate is imposed is supplied with
water based from time to time on a residential classification;
(b)
Line 2, if the land in respect of which the rate is imposed is supplied with
water based from time to time on a commercial classification;
(c)
Line 3, if the land in respect of which the rate is imposed is supplied with
water based from time to time on an institutional classification and if the
total quantity of water consumed in the preceding calendar year does
not exceed 600,000 cubic metres;
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(d)
Line 4, if the land in respect of which the rate is imposed is supplied with
water based from time to time on an institutional classification and if the
total quantity of water consumed in the preceding calendar year
exceeds 600,000 cubic metres;
(e)
Line 5, if the land in respect of which the rate is imposed is supplied with
water based from time to time on an industrial classification and if the
total quantity of water consumed in the preceding calendar year does
not exceed 600,000 cubic metres;
(f)
Line 6, if the land in respect of which the rate is imposed is supplied with
water based from time to time on an industrial classification and if the
total quantity of water consumed in the preceding calendar year
exceeds 600,000 cubic metres but does not exceed 1,200,000 cubic
metres; and
(g)
Line 7, if the land in respect of which the rate is imposed is supplied with
water based from time to time on an industrial classification and if the
total quantity of water consumed in the preceding calendar year
exceeds 1,200,000 cubic metres.
(3) For the purposes of subsection (2), if land,
(a)
is supplied during the whole or part of a subject year with water
based on an industrial or institutional classification; and
(b)
was not supplied during any part of the preceding calendar year
with water based on an industrial or institutional classification,
the calculation of the Sewer System Charge with reference to Lines 3, 4,
5, 6, or 7 shall be based on a reasonable estimate of the quantity of
water that would have been supplied to the land in the whole of the
preceding year based on an industrial or institutional classification, as
the case may be.
(4) The Sewer System Charge payable is the total of the following amounts:
1.
The amount payable in respect of Sanitary Sewer Charge
calculated using the following formula:
A=BxC
Where:
2.
A=
the amount payable in respect of Sanitary Sewer Charge;
B=
the number of cubic metres of water supplied to the land;
and
C=
the rate expressed in terms of dollars and fractions thereof
per cubic metre of water in Table 1, for the appropriate
classification for the subject year.
In the case of land supplied with water based from time to time
on a residential, commercial or institutional classification, the
amount payable in respect of Storm Drainage Charge calculated
using the following formula:
D=ExF
Where:
D=
the amount payable in respect of the Storm Drainage
Charge;
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3.
E=
the number of billings per account issued in respect of the
subject year as determined by Section 5 Payment of
Charge.
F=
the rate expressed as an amount per billing per account in
Table 2, for the appropriate classification for the subject
year.
In the case of land supplied with water based from time to time
on an industrial classification, the amount payable in respect of
the Storm Drainage Charge calculated using the following
formula:
G=HxI
Where:
(5)
G=
the amount payable in respect of the Storm Drainage
Charge;
H=
the area of the land expressed in terms of hectares and
fractions thereof; and
I=
the rate expressed in terms of dollars and fractions
thereof per hectare in Table 2, for the appropriate
classification for the subject year.
Despite anything in this section to the contrary, if the quantity of sewage flowing
from the land to a municipal sanitary sewer system:
(a) exceeds the quantity of water supplied by the City to the land; or,
(b) in the case of land in the industrial sewer rate classification that has qualified
for the Sanitary Sewer Charge Rebate, is less than the quantity of water
supplied by the City to the land; then,
the amount payable in respect of the Sanitary Sewer Charge shall be calculated
using the following formula:
J=KxL
Where:
J=
the amount payable in respect of Sanitary Sewer Charge;
K=
the number of cubic metres of sewage flowing from the land (as determined
by a measuring procedure approved by the City) during the subject year;
and,
L=
the dividend resulting from dividing the rate (expressed in terms of dollars
and fractions thereof per cubic metre of water) in Table 1 for the
appropriate classification for the subject year by 0.85.
(c) The costs of any construction, installation of equipment and materials
required to implement a measuring procedure to measure/calculate sewage
flow volumes shall be borne by the owner of the land.
(d) Annual reporting requirements for the land shall be established within the
measuring procedure approved by the City. The annual report shall generally
include but not be limited to water consumption, measured/calculated sewage
flows, and the measuring procedure used.
(e) Additional charges or credits shall be calculated based on the annual reports
of monitored sanitary sewer flows and shall be calculated by the formula
identified in this subsection. These charges or credits shall be issued by the
City's Finance Department or designate.
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(f) The City or designate may audit the procedure and records that are kept to
measure and calculate sewage flow volumes without notice.
(g) Where the owner of the land fails to maintain the approved measurement
procedure for the calculation of sewage flow volumes:
i)
The City may establish a suitable monitoring procedure and invoice the
charges for time and materials associated with calculating annual
sanitary sewage flow to the land; or,
ii) The grant of the rebate identified in Section 8 may be terminated in
writing by the City Engineer or designate. In this case, rebates for
sanitary sewer charges based on flow differential shall cease, and the
owner of the land shall be billed for sanitary sewer charges according
to normal billing procedures.”
PAYMENT OF CHARGE
5.
(1)
In addition to any rate payable to the City for the supply of water, every
occupant of land who uses sewage works or is supplied sewage service is
liable to pay a Sewer System Charge to the City on a monthly basis.
(2)
Every owner of land, even though the owner is not the occupant of the land at
the time a Sewer System Charge becomes payable in respect of the land under
this by-law, is also liable to pay the charge until it is paid.
(3)
If, under the terms of occupation between the occupant and the owner, it is the
obligation of the owner to pay the water rate for water supplied to the land,
(a)
(b)
(4)
this by-law does not apply to the occupant of the land; and
the owner, in addition to the water rate, is liable to pay a Sewer System
Charge to the City in accordance with the provisions of this bylaw.
Notwithstanding subsection (1), where the rate for the supply of water is
payable at some interval other than monthly, the Sewer System Charge shall
be due and payable at the same interval and not monthly.
ADDITIONAL TO OTHER RATES
6.
(1) A Sewer System Charge imposed under this by-law is payable even if,
(a) a sewer rate has been or is imposed under subsections 221(2) or (13) of the
Municipal Act, R.S.O. 1990, c. M45, as amended, with respect to the capital
cost of the same work;
(b) the work with respect to which it is imposed was constructed under the Local
Improvement Act, R.S.O. 1990, L. 26, as amended, or any other general or
special Act;
(c) a sewer rent has been or is imposed under section 5 of the City of London Act,
1982;
(d) the work with respect to which it is imposed was constructed under a local
improvement charges by-law; or
(e) a special rate has been levied to raise the related costs for an urban service
under Ontario Regulation 931/93, a deemed by-law of the City.
(2) Notwithstanding subsection (1), no Sanitary Sewer Charge imposed under this by-law
is payable in respect of land if the land is not connected to a municipal sanitary sewer
system.
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(3)
Notwithstanding subsection (1), no Storm Drainage Charge imposed under this
by-law is payable in respect of land if,
(a) the land is outside the City of London Urban Growth Boundary;
(b) the land drains to drainage works and is subject to assessment under
the Drainage Act from time to time for construction and/or maintenance
costs;
(c) the land is located at 1424 Clarke Road in the City of London, known as
Fanshawe Conservation Area, owned and operated by the Upper
Thames River Conservation Authority; or
(d) the land forms part of the Kirk-Cousins Management Area, owned by
the Kettle Creek Conservation Authority.
(4)
Further to subsections (2) and (3), the following procedure shall apply to determine
if the Sewer System Charge shall be imposed:
(a) The owner of the land shall contact the Company’s customer service
department or the City’s Water or Wastewater and Drainage
Engineering division with the address of the land;
(b) The City shall assess the status of the land against the criteria identified
in subsections (2) and (3);
(c) Where the City determines that a Sewer System Charge should not be imposed, the land shall
become exempted from further Sewer System Charges until there is a change to the status of
the land or a change in City policy.”
NO EXEMPTION FROM CHARGE
7. No land is exempt from a Sewer System Charge imposed under this by-law by reason
only that the land is exempt from taxation under the Assessment Act.
SANITARY SEWER CHARGE REBATE FOR INDUSTRIAL LANDS
8.
(1) In this section, “flow differential” means the difference between the volume of water
supplied by the municipal distribution system and other water supply systems, and the volume
discharged to the sanitary sewer or the volume of consumed municipal water that is not
discharged to the sanitary sewer.
(2) Applications for a Sanitary Sewer Charge rebate shall only be considered for land within
the industrial sewer rate classification where the owner of the land can demonstrate a
minimum flow differential exceeding 85% of water consumption.
(3) Water from the municipal water supply system consumed for the following uses shall not
be eligible for rebates:
(a)
(b)
(c)
(d)
(e)
Lawn or garden irrigation;
Filling swimming pools, hot tubs, or fountains;
Once through cooling water;
Plumbing problems; or,
Other uses not listed above as determined by the City Engineer.
(4) An Application for the Sanitary Sewer Charge Rebate shall be made to the City Engineer
in writing. The Application shall include but not be limited to the following:
(a) contact name(s) of employee or representative, the “Applicant”;
(b) the number of water meters supplying water and the water account number(s),
a listing of other water supplies and an estimate of volume consumed from
these sources;
(c) A description of the basis of the application for sanitary sewer charge rebate;
(d) Water consumption information for a period of at least one year;
(e) Estimation, calculation or measurement of flow differential for same period of
time; and,
(f) Proposed methods for measurement/calculation of sewage flow volume.
(5) The City shall acknowledge the Application in writing within 30 days of receipt.
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(6) The City Engineer or designate shall assess the Application on behalf of the City and may
request site visits and additional information or consultation with the applicant prior to
concluding the assessment.
(7) Upon approval of the City Engineer, the City shall determine eligibility of the Application for
the Sanitary Sewer Charge Rebate and notify the Applicant of the decision in writing.
(8) Should the Sanitary Sewer Charge Rebate apply, the City may provide the following
information:
(a) A measuring procedure for reporting the sewage flow volumes; and,
(b) Requirements for maintenance and calibration of flow measurement
equipment to be used for determining sewage flow volumes.
(9) Where the Applicant objects to or wishes to amend the decision of the City, the Applicant
shall respond in writing within 30 days of receipt of the decision stating the rationale for the
objection or requested amendment. The decision of the City Engineer shall be final and not
subject to appeal.
(10) Where the Applicant and the City are in agreement with the decision to grant a Sanitary
Sewer Charge Rebate, the Applicant shall provide fully executed and sealed copies of the
following documents to the satisfaction of the City:
(a) Flow Monitoring Procedure Letter; and,
(b) Full and Final Release.
(11) The Sanitary Sewer Charge Rebate shall come into effect upon the delivery of the
documents identified in subsection (10) above and after the Applicant has implemented the
agreed upon measuring procedure.
(12) The City may at any time revoke the grant of rebate because of a change in land
ownership, change in process, or use. The City may also revoke the grant of rebate where the
Applicant fails to provide the required reporting information; fails to maintain adequate records
of the measurement of sewage flows for audit purposes; or, fails to maintain equipment for flow
measurement in an adequate manner.
NON-PROFIT HOSPITAL SERVICE CORPORATION
9.
(1)
In this section, "non-profit hospital service corporation" means a corporation
without share capital that provides laundry or food service to one or more public
hospitals, as defined in the Public Hospitals Act.
(2)
Land occupied by a non-profit hospital service corporation and used chiefly by
the corporation for one or both of the services mentioned in subsection (1) is
not exempt from a Sewer System Charge imposed under this by-law.
COLLECTION OF CHARGE
10.
(1)
The Company is appointed to collect the Sewer System Charge imposed under
this by-law in the same manner and at the same time as water rates.
(2)
The Company is authorized to mail a notice or cause it to be mailed to the
address of the residence or place of business of a person mentioned in
subsections 5(1) and (3).
(3)
The notice shall specify the amount of the Sewer System Charge, the day by
which payment of the charge is due, the place or places where such payment
may be made, and the total of the charge and the percentage charge imposed
under subsection (5) on the first day of default.
(4)
Payment of a Sewer System Charge is due and shall be paid no later than the
sixteenth day following the day notice was first given in accordance with this
bylaw.
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(5)
If a Sewer System Charge or any portion thereof remains unpaid after the day
mentioned in subsection (4), a charge of 5 per cent of the unpaid amount shall
be imposed on the first day of default as a penalty for non-payment of the
charge and shall be added to the unpaid amount.
(6)
The Company may accept part payment from time to time on account of any
Sewer System Charge due and to give a receipt for such part payment, but the
acceptance of any such part payment does not affect the collection of any
percentage charge imposed and collectible in respect of non-payment of any
Sewer System charges.
(7)
The receipts arising from the collection of the Sewer System Charge shall be
paid over by the Company to the City Treasurer as directed by the City
Treasurer.
(8)
The receipts paid over to the City Treasurer shall form part of the funds of the
City for the purpose of the construction, operation, repair, and maintenance of
sewage works and the supply of sewage service.
(9)
The Company shall not collect a Storm Drainage Charge against a bulk water
meter (for a duplex, triplex, fourplex or previously bulk-metered townhouse
block) where individual water meters have been installed to measure water
supplied to each individual dwelling unit, and where the Storm Drainage
Charge is payable for the individual meters.
CHARGE HAS PRIORITY LIEN STATUS
11.
(1)
A Sewer System Charge imposed under this by-law upon any owner or
occupant of land has priority lien status and may be added to the tax roll
against the property in respect of which the sewer service was supplied.
(2)
If a Sewer System Charge or any part thereof remains unpaid after its due date
the City Clerk, upon notice to the owner or occupant of the amount due, the
person by whom it is due, shall add the same to the tax roll.
(3)
If an amount is added to the tax roll in respect of a property under subsections
(1) or (2), that amount, including interest:
(a) may be collected in the same manner as taxes on the property;
(b) may be recovered with costs as a debt due to the municipality from the
assessed owner of the property at the time the charge was added to the
tax roll and from any subsequent owner of the property or any part of it;
(c) is a special lien on the property in the same manner as taxes under
subsection 349(3) of the Municipal Act, 2001; and
(d) may be included in the cancellation price under Part XI of the Municipal
Act, 2001 in the same manner as are taxes on the property.
12.
(a)
The City Engineer may, in default of payment of the Sewer System Charge by
the owner or occupant of land in respect of which the charge is imposed, shut
off the supply of water provided by the City to such land, but the charges in
default, any percentage charge imposed as a penalty, and any costs for
shutting off the supply of water are nevertheless recoverable.
(b) Despite subsection 11(a), the City Engineer shall provide reasonable notice of
the proposed shut-off to the owners and occupants of the land by personal
service or prepaid mail or by posting the notice on the land in a conspicuous
place.
13.
The amount payable to the City in respect of the Sewer System Charge and any
percentage charge imposed as a penalty is a debt and may be recovered by action in a court
of competent jurisdiction.
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14.
The proper officers of the City are authorized to do all things necessary
or advisable to effect the changes for the transition to and implementation of the Sewer
System Charge under this by-law as soon as practicable after the bylaw comes into force.
15.
By-law WM-13 and all amendments thereto, are hereby repealed.
16.
This by-law comes into force and effect on January 1st, 2005.
PASSED in Open Council on December 20, 2004.
Anne Marie DeCicco
Mayor
Kevin Bain
City Clerk
First Reading - December 20, 2004
Second Reading – December 20, 2004
Third Reading – December 20, 2004