By-law No. 2024-059
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THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO 2024-059
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 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. i 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;
[;j "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;
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t "Manager of Public Works" shall mean the Manager of Public Works of the
Corporation of the Municipality of Bayham;
q) "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;
1) "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
U n its;
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 the Municipal Rates and
Fees 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;
(1) "Sewer Service Connection" shall mean that part of the Sewer Service from the
Municipal Sewer to the Building Sewer;
'-} "Sewer Surcharge Rates" shall mean the rates set out in Schedules "A" of this
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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,
raj "Water/Wastewater Operations Manager" shall mean the Water/Wastewater
Operations Manager of the Corporation of the Municipality of Bayham.
Section 2 - General Provisions
. ; The responsibility for the construction, operation and maintenance of the Municipal
Water Pollution Control System is vested in the Water/Wastewater 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
.. 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.
.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.
.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
made, to all property and parts of every building or other premises to which
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Municipal Storm Sewer System Services are supplied, for the purpose of
inspecting, repairing, altering or disconnecting any Municipal Storm Sewer System
Service.
.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
damage repaired, and the cost of the repairs shall be borne by such Person.
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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.
:3. 1 Persons desiring the extension of the Municipal Water Pollution Control System
shall pay charges in accordance with the Municipality's Development Charges By-
law.
3.6Persons requiring the miscellaneous services set out in various parts of this by-law
shall pay the charges set out in the Municipal Rates and Fees By-law.
: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
41 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
b) a plumbing permit has been approved by the CBO.
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44 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 b5 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.
4.0 Every Application shall be accompanied by a payment equal to the sanitary Sewer
Service Connection charge set out in the Municipality's Development Charges 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;
c) require the Applicant to enter into a consumption and discharge agreement with the
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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.
4.23 A Consumer shall be responsible for the installation of a Building Sewer.
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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
connections to the street sewer, and up to the nearest outside manhole for
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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 the Municipal Rates
and Fees 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
Water/Wastewater Operations Manager, it is not suitable material, of inadequate
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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
671 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 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.
5A 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.
r F,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.
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6.6 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 Rates and Charges. A
Change of Occupancy -New Account Charge in accordance with the Municipal
Rates and Fees By-law shall apply.
5.7 All applicable connection charges must be paid by certified payment 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.
5.8 All Applications must be accompanied by detailed plans of the proposed Sewer
Service acceptable to the Manager of Public Works.
5.9 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.
5.10 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.
5.11 No person shall make any temporary connection to the Municipal Storm Sewer
System, except by agreement with the Municipality.
,Sgrion Q — Extension of the Mu.ni.ciaal Water Pollution Control System
6.1 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.
62 All extensions of the Municipal Water Pollution Control System shall be made
pursuant to by-laws of Council.
6.3 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.
6A The Water/Wastewater Operations Manager shall forward all requests for
extensions of the Municipal Water Pollution Control System to Council.
6.5 Where the Municipal Water Pollution Control System has been extended, Owners
of lots abutting such extension shall pay frontage charges in accordance with the
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Municipality's Development Charges By-law.
6.6 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
until the following year or proceeded with on the basis of the Owner prepaying the
total cost of the extension.
n 7 - M' a uirement
7.1 The Treasurer shall, upon receiving a written request accompanied by payment of
the fee set out in the Municipal Rates and Fees 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 on or in respect of, any
parcel of land or buildings, up to the date to which such rates or charges were last
computed.
7.2 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 as set in the Municipality's Rates and Fees By-law.
Section 8-_13114inttand Collecting Sewer Surcharge Rates and Charges
_1 The Consumer shall notify the Treasurer in writing of any change of occupancy and
shall pay the applicable charges as set out in the Municipal Rates and Fees By-law
for change of occupancy.
,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.
8.8 Regular billings for Sewer Charges and Sewer Surcharge Rates may be rendered
at any periodic interval deemed advisable by the Treasurer.
8A The Treasurer may with reasonable notice advance or delay any regular billing of
Sewer Charges and Sewer Surcharge Rates.
8.5 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 the Municipal Rates and Fees By-law
and the amount shall appear on the next regular billing.
8.6 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 8.7 of this by-law, a collection fee as set out in the Municipal Rates and
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Fees By-law shall be charged to the Consumer.
3. All sewer bills shall be distributed to Consumers by ordinary, prepaid mail or by any
other means deemed necessary or appropriate by the Treasurer.
8.8 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.
3 U Notwithstanding Section 8.9 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 8.10 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 8.9 of this by-law.
8.10 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 8.11 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 8.11(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.
8.11 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.
8.12 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 9 - Offences
9 -1 No Person shall:
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a) willfully hinder or interrupt, or cause or procure to be hindered or interrupted the
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.
9.2 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
93 For purposes of Section 9 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.
9_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 10 - Enforcement
10.1 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.
10.2 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 11 — Interpretation
11.1 The schedules referred to in this by-law shall form part of this by-law.
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11.2 1f 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.
11.3 Wherever a word importing the singular number is used in this by-law, such word
shall include the plural.
11.4 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 12 - Repeal
12.1 That By-law No. 2023-068 and any amendments shall be repealed in its entirety
after the Effective Date.
Section 13 — Effective Date
13.1 This by-law shall become effective and in full force on January 1, 2025.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 3rd DAY
OF OCTOBER, 2024.
MAYOR CLERK
IS
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Schedule `A'
Wastewater Surcharge Rates _
2024 20251 20261 2027 2028 2029 2030 2031 2032 2033
Monthly
Charge $58.92 $60.69 $62.51 $64.39 $66.32 $68.31 $70.36 $72.47 $74.64 $76.88
Stormwater Private Drain Connection PDC Charges
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.)
) PDC Charges to be indexed annually in January in accordance with the Statistics Canada
Quarterly, Construction Price Statistics, catalogue No. 11-001.
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