2025-44 - Integrated Water Systems Management By-Law
More
THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD
BY-LAW NO. 2025-44
Being a By-Law to regulate the supply, use, and protection of water, wastewater, and stormwater systems within the Township of Southwold.
Amendments to By-Law 2025-44 Building By-law - None
This By-Law is printed under and by authority of the Council of the Township of Southwold.
Disclaimer: The following consolidation is an electronic reproduction made available for information only. It is not an official version of the by-law. The format may be different, and plans, pictures, other graphics, or text may be missing or altered. The Township of Southwold does not warrant the accuracy of this electronic version. This consolidation cannot be distributed or used for commercial purposes. It may be used for other purposes only if you repeat this disclaimer and the notice of copyright. Official versions of all by-laws can be obtained from the Clerk’s Department by calling 519-769-2010.
WHEREAS Section 9 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, 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 11, of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, allows municipalities to pass by-laws respecting matters within the sphere of jurisdiction of Public Utilities, which includes a system that is used to provide water services to the public;
AND WHEREAS Sections 78 to 93 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, sets out specific municipal powers concerning public utilities;
AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that the Council of a local municipality may pass by-laws to impose fees and charges;
AND WHEREAS Section 398 of the Municipal Act, 2001, S.O. 2001, as amended, gives the municipality the power to add debts to the tax roll;
AND WHEREAS Section 429 (1) of the Municipal Act, 2001, S.O. 2001, as amended, provides that a municipality may establish a system of fines for a by-law passed under the Act;
AND WHEREAS Section 436 (1) of the Municipal Act, 2001, S.O. 2001, provides that a municipality pass by-laws providing for the entry onto lands at any reasonable time for the purpose of carrying out an inspection to determine compliance with a by-law;
AND WHEREAS Section 446 of the Municipal Act, 2001, S.O. 2001, provides that a municipality may proceed to do things at a person's expense which that person is other required to do under a by-law but has failed to do and the costs incurred by a municipality may be recovered by adding the costs to the tax roll and collecting them in the same manner as taxes;
AND WHEREAS Council of the Corporation of the Township of Southwold deems it necessary to repeal By-law Nos. 1987-05, 1987-07, 1987-19, 1989-05, 1998-25, 2003-13, 2004-30, 2011-53, 2011-55, 2012-68, 2014-65, as amended, 2018-67, 2019-48, 2021-45, 2021-46, 2021-21, 2024-28, and 2025-17.
Table of Contents:
PART 1: ADMINISTRATIONPART 2: SCHEDULE A TO BY-LAW NO. 2025-44 - MUNICIPAL UTILITY SERVICE AREAS
PART 3: SCHEDULE B TO BY-LAW 2025-44 - RATES AND FEES FOR WATER, WASTEWATER AND STORMWATER SYSTEMS
PART 4: SCHEDULE C TO BY-LAW 2025-44 - BILLING AND COLLECTION POLICY FOR WATER AND WASTEWATER SYSTEMS
PART 5. SCHEDULE D TO BY-LAW 2025-44 - WATER USE POLICY
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD ENACTS AS FOLLOWS:
1. That Schedule "A" attached hereto and forming part of this by-law, being the Municipal Utility Service Areas, is hereby adopted and shall form an integral part of this by-law.
2. That Schedule "B" attached hereto and forming part of this by-law, being the Rates and Fees for Water, Wastewater and Stormwater Systems, is hereby adopted and shall form an integral part of this by-law.
3. That Schedule "C" attached hereto and forming part of this by-law, being the Billing and Collection Policy for Water and Wastewater Systems, is hereby adopted and shall form an integral part of this by-law.
4. That Schedule "D" attached hereto and forming part of this by-law, being the Water Use Policy, is hereby adopted and shall form an integral part of this by-law.
5. That Schedule "E" attached hereto and forming part of this by-law, being the Sewage Use Policy, is hereby adopted and shall form an integral part of this by-law.
6. That Schedule "F" attached and forming part of this by-law, being the Stormwater Use Policy, is hereby adopted and shall form an integral part of this by-law.
7. That Schedule "G" attached hereto and forming part of this by-law, being the Sewage Allocation Policy, is hereby adopted and shall form an integral part of this by-law.
8. That Schedule "H" attached hereto and forming part of this by-law, being the Fines Schedule, is hereby adopted and shall form an integral part of this by-law.
9. Provision of Notice where written notice under this Policy is required to be given by a consumer, notice shall be sufficiently given when it is:
(i) Delivered personally to the Township of Southwold's Director of Infrastructure and Development Services with a copy to the Chief Administrative Officer; or
(ii) If sent by prepaid registered mail and addressed to the Township of Southwold's Director of Infrastructure and Development Services with a copy to the Chief Administrative Officer, when the Township of Southwold's Director of Infrastructure and Development Services received the written notice; or
(iii) Where written notice under this By-law is required to be given by the Township to the consumer, notice shall be sufficiently given if it is:
a. Delivered personally to the latest address for the consumer whose name appears in the Township's records and given to a person acting for, or on behalf of, the consumer; or
b. If sent by prepaid registered mail addressed to the consumer, whose name appears in the records of the Township to the latest address for the consumer in the Township's records or to such other address as the consumer may provide in writing to the Township.
10. Access to Information
(i) All information submitted to and collected by the Township that is contained in plan summaries, reports, surveys, monitoring and inspection, and sampling activities will, except as otherwise provided in this section, be available for disclosure to the public in accordance with the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended.
(ii) In the event that any person is submitting information to the Township, as required under this By-law, where such information is confidential or propriety otherwise, may be exempt from disclosure under the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended, the person submitting the information shall so identify that information upon its submission to the Township or the Township where such information is confidential or proprietary or otherwise, may be exempt from disclosure.
11. Severability
(i) If any section, clause or provision of this By-law, including anything contained in the schedules attached hereto, is declared invalid for any reason by a court of competent jurisdiction, the same shall not affect the validity of this By-law as a whole or any part thereof other than the section, clause or provision so declared to be invalid and it is hereby declared to be the intention that such a provision shall be severed from the By-law and that all the remaining sections, clauses or provisions of the By-law shall remain in full force and effect until repealed.
12. Enforcement
(i) Fine - for contravention
Any person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act and as set out in Schedule "H" Set Fines.
(ii) Fine - for contravention - person
Any person other than a corporation who contravenes any section of this by-law is guilty of an offence and upon conviction is liable for a fine of not more than $10,000.00 for a first offence and not more than $25,000.00 for any subsequent offence under this by-law.
(iii) Fine - for contravention - corporation
Notwithstanding any other provision of this by-law, a corporation who contravenes a section of this by-law is guilty of an offence and upon conviction is liable for a fine of not more than $50,000.00 for a first offence and not more than $100,000.00 for any subsequent offences.
(iv) Continuation - repetition - prohibited - by order
The court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted.
(v) Disconnection - charges
Where in the opinion of the Director a person is contravening the provisions of this By-Law, the Director may, upon written notice to the person of the sanitary sewer connection from which the discharge is occurring, order the sewer connection to any sewage works carrying the prohibited discharge to be stopped up or disconnected. No sewer connection so disconnected shall be reconnected until such time as measures are undertaken satisfactory to the Director to eliminate the prohibited discharge. All expenses incurred by the Municipality for these actions shall be reimbursed to the Municipality by the discharger at the time of re-connection or unstopping of the sewer connection(s).
(vi) Damage - Cost of Repair
Where in the opinion of the Director a person is contravening the provisions of this By-Law and has damaged municipal property, the Director may, upon written notice to the person causing the damage, order the damage to be repaired to the municipality's satisfaction. All expenses incurred by the Municipality for these actions shall be reimbursed to the Municipality by the person causing the damage to the municipal property. For greater certainty, the costs of the municipality for these actions forms an obligation debt to the municipality pursuant to Section 446 of the Municipal Act, 2001 and the municipality may enforce the debt under any power available to it including but not limited to adding the debt to the tax roll in a like manner to taxes.
13. That the CAO/Clerk and Director of Infrastructure and Development Services are authorized to modify and/or implement forms and procedures and to make administrative changes to provide for the implementation of this by-law.
14. That By-law Nos. 1987-05, 1987-07, 1987-19, 1989-05, 1998-25, 2003-13, 2004-30, 2011-53, 2011-55, 2012-68, 2014-65, as amended, 2018-67, 2019-48, 2021-45, 2021-46, 2021-21, 2024-28, and 2025-17 are repealed in their entirety.
15. That this By-law shall come into full force and effect on June 23, 2025.
READ A FIRST AND SECOND TIME, CONSIDERED READ A THIRD TIME, AND FINALLY PASSED THIS 23rd DAY OF JUNE, 2025.
__________________________________ _____________________________________
CAO/Clerk Mayor
Jeff Carswell Grant Jones
Schedule A to By-law No. 2025-44
Municipal Utility Service Areas
PURPOSE
The purpose of this Service Areas schedule is to further delineate the areas within the geographic Township of Southwold, that receive municipal water, wastewater and stormwater services. It also aims to delineate the scope of those services, if available, and delineate areas to which various policies, procedures and fees apply to.
RELATED POLICIES AND BYLAWS
The following documents, Policies, and By-laws which are subject to updating at the discretion of the Director, are to be used in conjunction with this Policy:
1. All schedules of the Integrated Water Management By-Law
2. Design Guidelines Manual
3. Elgin County Standard Contract Documents - Supplemental Specifications
4. Site Plan Control By-law
5. Local Servicing Policy
CONTENTS
1. DEFINITIONS
2. GENERAL TERMS AND CONDITIONS
3. URBAN AREAS
4. RURAL AREAS
"City of St. Thomas" - shall mean The Corporation of the City of St. Thomas
"Council" - Refers to the elected Council of the Township of Southwold
"Director" - means the Director of Infrastructure and Development Services for the Township of Southwold, and any employee of the Township who acts at the direction of the Director, in the enforcement of this by-law.
"Municipal Water" - means potable water that is treated, distributed, and supplied by a municipality through a public water distribution system for residential, commercial, institutional, and industrial use. This system includes water treatment facilities, reservoirs, pumping stations, watermains, service connections, and related infrastructure.
"Municipal Utility" - means a system that provides essential services, specifically drinking water systems, sewage works, and stormwater systems.
"Owner" - means the holder(s) of legal title to a property.
"Person" - includes an individual, association, partnership, corporation, municipality, provincial or federal agency, or an agent or employee thereof.
"Rural Area" - refers to all lands within the Township of Southwold outside of the designated Urban Areas, generally characterized by lower population density, limited or no access to municipal servicing, and a land use pattern dominated by agriculture, rural residential lots, natural heritage features, and resource-based activities. Development in Rural Areas typically relies on private servicing systems (e.g. wells and septic systems) and is guided by policies that aim to preserve the rural character, protect agricultural lands, and support limited, context-appropriate growth in accordance with the Township's Official Plan and the Provincial Policy Statement.
"Sewage" - means any liquid waste containing animal, vegetable, chemical or mineral matter in solution or suspension, but does not include stormwater or uncontaminated water.
"Sewage Works" - means any work for the collection, transmission, treatment, and disposal of sewage, stormwater, or uncontaminated water, including a combined sewer, sanitary sewer, storm sewer, municipal or private sewer connection to any sanitary sewer or combined sewer, or any part of such works, but does not include plumbing or other works to which the applicable Building Code applies.
"Sanitary Sewer" - means a sewer for the collection and transmission of domestic or industrial sewage or any combination thereof.
"Stormwater" - means surface and rainwater, melted snow and ice or groundwater which surfaces on the ground or within or beneath a building.
"Township" - shall mean the Corporation of the Township of Southwold.
"Urban Area" - Refers to the designated settlement areas within the Township of Southwold that are planned for more intensive development and are typically serviced or intended to be serviced by full municipal infrastructure, including municipal water, sanitary sewer, and stormwater management systems. These areas are identified in the Township's Official Plan and include primary and secondary settlement areas where residential, commercial, institutional, and industrial growth is concentrated. Urban Areas are planned to accommodate higher population densities, support complete communities, and provide a range of services and amenities in accordance with provincial and municipal planning policies.
"User" - Any individual, property owner, business, or entity that is connected to or uses the Township's water, wastewater, or stormwater systems.
"Wastewater" - means any water that has been used and discharged from residential, commercial, institutional, or industrial sources and requires collection, conveyance, and treatment before being safely returned to the natural environment. This includes, but is not limited to, water from toilets, sinks, showers, laundry, dishwashing, and various industrial processes.
2. GENERAL TERMS AND CONDITIONS
2.1 ADMINISTRATION OF POLICY
This policy shall be administered under the authority of the Director, who holds responsibility for the creation, amendment, and implementation of all forms, applications, and procedures to ensure compliance with the provisions set forth in the Integrated Water Management By-law.
| Regulating By-law(s) for Municipal Water: | Township of Southwold By-law 2025-44 Integrated Water Management By-law |
| Operating Authority for Municipal Water: | Ontario Clean Water Agency under contract by The Township of Southwold |
| Fees and Rates for Municipal Water: | Township of Southwold By-law 2025-44 Schedule B |
| Regulating By-law(s) for Wastewater: | Township of Southwold Nu-law 2025-44 Integrated Water Management By-law |
| Operating Authority for Wastewater: | Ontario Clean Water Agency under contract by the Township of Southwold |
| Fess and Rates for Wastewater: | Township of Southwold By-law 2025-44 Schedule B |
| Regulating By-law(s) for Stormwater: | Township of Southwold By-law 2025-44 Integrated Water Management By-law |
| Operating Authority for Stormwater: | Township of Southwold |
| Fees and Rates for Stormwater: | Township of Southwold By-law 2025-44 Schedule B |
| Regulating By-law(s) for Municipal Water: | Township of Southwold By-law 2025-44 Integrated Water Management By-law |
| Operating Authority for Municipal Water: | Ontario Clean Water Agency under contract by The Township of Southwold |
| Fees and Rates for Municipal Water: | Township of Southwold By-law 2025-44 Schedule B |
| Regulating By-law(s) for Wastewater: | Township of Southwold By-law 2025-44 Integrated Water Management By-law |
| Operating Authority for Wastewater: | Ontario Clean Water Agency under contract by The Township of Southwold |
| Fees and Rates for Wastewater: | Township of Southwold By-law 2025-44 Schedule B |
| Regulating By-law(s) for Stormwater: | Township of Southwold By-law 2025-44 Integrated Water Management By-law |
| Operating Authority for Stormwater: | Township of Southwold |
| Fees and Rates for Stormwater: | Township of Southwold By-law 2025-44 Integrated Water Management By-law |
| Regulating By-aw(s) for Municipal Water: | Township of Southwold By-law 2025-44 Integrated Water Management By-law |
| Operating Authority for Municipal Water: | Ontario Clean Water Agency under contract by The Township of Southwold |
| Fees and Rates for Municipal Water: | Township of Southwold By-law 2025-44 Schedule B |
| Regulating By-law(s) for Wastewater: | Township of Southwold By-law 2025-44 Integrated Water Management By-law |
| Operating Authority for Wastewater: | Ontario Clean Water Agency under contract by The Township of Southwold |
| Fees and Rates for Wastewater: | Township of Southwold By-law 2025-44 Schedule B |
| Regulating By-law(s) for Stormwater: | Township of Southwold By-law 2025-44 Integrated Water Management By-law |
| Operating Authority for Stormwater: | Township of Southwold |
| Fees and Rates for Stormwater: | Township of Southwold By-law 2025-44 Schedule B |
| Regulating By-law(s) for Municipal Water: | Township of Southwold By-law 2025-44 Integrated Water Management By-law |
| Operating Authority for Municipal Water: | Ontario Clean Water Agency under contract by The Township of Southwold |
| Fees and Rates for Municipal Water: | Township of Southwold By-law 2025-44 Schedule B |
| Regulating By-law(s) for Wastewater: | Township of Southwold By-law No. 91-17 Township of Southwold By-law No. 98-12 Township of Southwold By-law No. 97-12 City of St. Thomas By-law No. 82-2024 |
| Operating Authority for Wastewater: | City of St. Thomas |
| Fees and Rates for Wastewater: | City of St. Thomas By-law No. 172-2006 as amended |
| Regulating By-law(s) for Stormwater: | Township of Southwold By-law 2025-44 Integrated Water Management By-law |
| Operating Authority for Stormwater: | Township of Southwold |
| Fees and Rates for Stormwater: | Township of Southwold By-law 2025-44 Schedule B |
| Regulating By-law(s) for Municipal Water: | City of St. Thomas By-law 44-2000 as amended |
| Operating Authority for Municipal Water: | City of St. Thomas |
| Fees and Rates for Municipal Water: | City of St. Thomas By-law 44-2000 as amended |
| Regulating By-law(s) for Wastewater: |
Township of Southwold By-law 87-19 Township of Southwold By-law 89-05 Township of Southwold By-law 97-17 Township of Southwold By-law 98-12 Township of Southwold By-law 97-21 City of St. Thomas By-law No. 82-2024 |
| Operating Authority for Wastewater: | City of St. Thomas |
| Fees and Rates for Wastewater: | City of St. Thomas By-law No. 172-2006 as amended |
| Regulating By-law(s) for Stormwater: | Township of Southwold By-law 2025-44 Integrated Water Management By-law |
| Operating Authority for Stormwater: | Township of Southwold |
| Fees and Rates for Stormwater: | Township of Southwold By-law 2025-44 Schedule B |
| Regulating By-law(s) for Municipal Water: | Township of Southwold By-law 2025-44 Integrated Water Management By-law |
| Operating Authority for Municipal Water: | Ontario Clean Water Agency under contract by The Township of Southwold |
| Fees and Rates for Municipal Water: | Township of Southwold By-law 2025-44 Schedule B |
| Regulating By-law(s) for Wastewater: | Township of Southwold By-law 2025-44 Integrated Water Management By-law |
| Operating Authority for Wastewater: | Ontario Clean Water Agency under contract by The Township of Southwold |
| Fees and Rates for Wastewater: | Township of Southwold By-law 2025-44 Schedule B |
| Regulating By-law(s) for Stormwater: | Township of Southwold By-law 2025-44 Integrated Water Management By-law |
| Operating Authority for Stormwater: | Township of Southwold |
| Fees and Rates for Stormwater: | Township of Southwold By-law 2025-44 Schedule B |
| Area(s) within the Geographic Township of Southwold, but outside of the Urban Service Areas | |
|---|---|
| Regulating By-law(s) for Municipal Water: | Township of Southwold By-law 2025-44 Integrated Water Management By-law |
| Operating Authority for Municipal Water: | Ontario Clean Water Agency under contract by The Township of Southwold |
| Fees and Rates for Municipal Water: | Township of Southwold By-law 2025-44 Schedule B |
| Regulating By-law(s) for Wastewater: | Not Applicable - Private Septic Systems Regulating by the Building Code and relevant Provincial Regulation |
| Operating Authority for Wastewater: | Not Applicable |
| Fees and Rates for Wastewater: | Not Applicable |
| Regulating By-law(s) for Stormwater: | Not Applicable - Regulated by the Drainage Act |
| Operating Authority for Stormwater: | Township of Southwold |
| Fees and Rates for Stormwater: | As prescribed by the Drainage Act and relevant Drainage Report and By-law |
Schedule B to By-law No. 2025-44
Rates and Fees for Water, Wastewater and Stormwater Systems
PURPOSE
The purpose of this Rates and Fees Policy is to establish fair, transparent, and sustainable rates and fees for the connection to and use of municipal water, wastewater and stormwater systems within the Township of Southwold. This policy ensures that the costs associated with the operation, maintenance, and expansion of these essential services are equitably distributed among users while promoting responsible water use and environmental stewardship.
This policy is enacted as a Schedule B to By-law 2025-44 and shall be read in conjunction with the schedules and provisions of the parent by-law. Fees and rates set forth in this policy are subject to periodic review and adjustment by the Township of reflect operational costs, infrastructure needs, and regulatory requirements.
If a property is connected to a municipal utility, it shall be charged the applicable fees for said utility under this by-law.
TABLE OF CONTENTS
1. DEFINITIONS
2. GENERAL CONDITIONS
3. MUNICIPAL UTILITY RATES AND FEES
4. DEBENTURES
"Township" - Refers to the Corporation of the Township of Southwold
"Council" - Refers to the elected Council of the Township of Southwold
"Chief Administrative Officer" - means the Chief Administrative Officer for the Township of Southwold, including their successors, Deputy or authorized representatives.
"Treasurer" - means the Treasurer for the Township of Southwold, including their successors, any Deputy or authorized representatives.
"Director" - means the Director of Infrastructure and Development Services for the Township of Southwold, including their successors, Deputy or authorized representatives.
"User" - Any individual, property owner, business, or entity that is connected to or uses the Township's water, wastewater, or stormwater systems.
"Water System" - The municipal infrastructure used for the supply, treatment, and distribution of potable water within the Township.
"Wastewater System" - The municipal infrastructure used for the collection, treatment, and disposal of wastewater, including sanitary sewers, pumping stations, and treatment facilities.
"Stormwater System" - The infrastructure designed to manage rainwater and surface water runoff, including drains, ditches, culverts, storm sewers, and retention ponds.
"Municipal Drain" - A drainage system within the Township of Southwold, established or improved under the provisions of the Drainage Act of Ontario, designed to manage surface water and subsurface water to ensure proper drainage and mitigate flooding. This system includes ditches, culverts, storm sewers, and drainage tiles, which are maintained by the Township for the benefit of property owners and the community.
"Connection Fee" - A one-time charge imposed on a property owner for connecting to the municipal water, wastewater, or stormwater system.
"User Fee" - A reoccurring charge for the use of municipal water, wastewater, and stormwater services, based on consumption or property classification.
"Consumption Fee" - A charge based on the volume of water used, as measure by a water meter or other Township-approved method.
"Capital Base Charge" - A set fee applied to all users to cover major capital expenses for past, present and future water, wastewater and stormwater infrastructure projects.
"Municipal Drinking Water System" - The municipal infrastructure used for the supply, treatment, and distribution of potable water within the Township.
"Municipal Utility" - means a system that provides essential services, specifically drinking water systems, sewage works, and stormwater systems.
"Sewage" - means any liquid waste containing animal, vegetable, chemical or mineral matter in solution or suspension, but does not include stormwater or uncontaminated water.
"Sewage Works" - means any works for the collection, transmission, treatment, and disposal of sewage, stormwater or uncontaminated water, including a combined sewer, sanitary sewer, stormsewer, municipal or private sewer connection to any sanitary sewer or combined sewer, or any part of such works, but does not include plumbing or other works to which the applicable Building Code applies.
"Sanitary Sewer" - means a sewer for the collection and transmission of domestic or industrial sewage or any combination thereof.
2.1 ESTABLISHMENT OF RATES AND FEES
Rates are subject to change from time to time, they are generally established by Council annually, however, may be changed at Council's discretion.
2.2 RATE REVIEW/STUDY
Rate Reviews shall be undertaken in accordance with the best practices established by regulatory authorities in the Province of Ontario and be completed at a minimum once every five years.
2.3 RATES AND FEES PRINCIPLES
Rates shall be established with the intention to be a full cost recovery user system in accordance with applicable legislation and the "Toward Financially Sustainable Drinking - Water and Wastewater Systems" guidelines.
2.4 CONNECTION FEE CHARGES
Shall be indexed annually based on the Toronto Construction Index.
3. MUNICIPAL UTILITY RATES AND FEES
3.1 RATES AND FEES
Rates and fees for the recovery of supply costs, operations, system maintenance and capitol costs of municipal utilities shall be charged in accordance with the rates set as shown in Appendix A attached to this policy.
3.2 ADDITIONAL DWELLING UNITS
At the discretion of the Manager and/or Director, and additional meter may be used to submeter an ADU, where it has been deemed necessary. A Fixed Service Charge shall apply to the additional meter.
3.3 WATER METER - INACCESSIBLE
Where the Township has been unable to install a water meter in a building due to the refusal of entry of the owner or occupant, the Township will complete the installation of a meter pit, and levy the total charges against the property, until the meter pit is installed, a flat rate will be charged which is equal to two and one-half (2.5) times the Non-Metered Quarterly rate as shown in Appendix "A" attached to this By-law.
3.4 FINES AND PENALTIES
Fines and penalties shall be charged in accordance with the rates set as shown in Schedule H attached to this By-law.
3.5 UNPAID CHARGES
Unpaid charges, penalties, and fees shall be levied against the subject properties taxes after 90 days.
3.6 CONNECTION CHARGES - DUE
Connection charges and fees shall be paid upon application for service, or if the connection is installed as part of a municipal project, at the time of installation. Connections provided in conjunction with a capital project shall have the option to debenture the charge.
3.7 CAPITAL BASE CHARGE - SEWAGE WORKS
For properties equipped with a service stub, irrespective of their connection status, a capital base charge shall be levied to account for each property's proportional contribution to future capital expenditures. Properties predating this policy shall receive a two-year deferral period for this charge, unless they connect to the municipal utility system within that timeframe.
3.8 CAPITAL BASE CHARGE - MUNICIPAL WATER
For each water meter installed on a property, a capital base charge shall be imposed to ensure an equitable contribution from each property toward future capital infrastructure costs. Charges will not be deferred due to construction delays, occupancy timing, or installation scheduling. Once the meter has been received the base charge shall apply.
3.9 CONSUMPTION CHARGES
Once a property is connected to, or making use of, a municipal utility, it shall pay the consumption charge associated with that utility as laid out in Schedule B. Municipal water and sewer consumption shall be measured using the measurement obtained from the water meter.
3.10 STORMWATER CHARGE
Fixed service charges shall become effective upon the passage of this by-law.
3.1 1 SUBDIVISIONS AND CONDOMINIUMS - CHARGES DUE
For the division of land proceeding through the Plan of Subdivision process under the Planning Act, or a plan of Condominium proceeding under the Condominium Act, connection fees shall be due in accordance with the Schedule G - Wastewater Allocation Policy of the Integrated Water Systems Management By-law.
3.12 OTHER DEVELOPMENT - CHARGES DUE
For the division and/or development of land proceeding through the consent process under the Planning Act, municipal utility connection fees shall be due prior to the registration of the plan, unless specified otherwise in the planning agreement.
3.13 AREAS SERVICED BY THE CITY OF ST. THOMAS
Areas serviced by the City of St. Thomas water and wastewater system, including Lynhurst and Ferndale, shall have their applicable rates automatically adjusted based on the City's current rates for water and wastewater.
4. DEBENTURES - MUNICIPAL UTILITIES
4.1 REQUEST FOR DEBENTURE
The property owner must complete and submit the debenture request application to the Treasurer, with the application fee.
4.2 NOTIFICATION AND ESTABLISHMENT OF ANNUAL REPAYMENT
The Treasurer shall determine the annual repayment amount and issue formal notification to the applicant. This repayment amount will subsequently be applied to the associated property tax roll for collection.
4.3 TERMS OF DEBENTURE
Debentures shall have a term of 10 years and an annual interest rate as set out in the fee schedule. The annual repayment amount shall be incorporated into the property tax roll and invoiced in equal installments, comprising both principal and interest, on each tax bill. In cases where the final tax bill has already been issued prior to the submission of the application, the first installment shall be required before the debenture is approved.
4.4 EARLY REPAYMENT
The property owner to whom the debenture applies shall formally notify the Treasurer in writing of their request to redeem the debenture. The Treasurer shall calculate the remaining balance of the debenture, inclusive of all accrued interest, and provide an official notice detailing this information to the property owner. The property owner shall remit the entire balance within 30 days of receiving the notice, as partial payments will not be accepted. Upon receipt of the full payment, the Treasurer shall proceed to remove the debenture from the property tax roll.
| VERSION | EFFECTIVE DATE | REVISION NOTES |
|---|---|---|
| 01 | TBD | Original Policy |
RELATED POLICIES:
For APPENDIX A - WATER, WASTEWATER AND STORMWATER USER FEES AND RATES see User Fees By-law link below.
Schedule C to By-law No. 2025-44
Billing and Collection policy for Water and Wastewater Systems
PURPOSE
The purpose of this Billing and Collection Policy is to establish fair, transparent, and consistent processes for the billing and collection of fees related to the Township of Southwold's Municipal Water and Wastewater systems. This policy supports the equitable distribution of costs for the operation, maintenance, and expansion of these essential services while encouraging responsible water use and environmental stewardship.
Enacted as a Schedule to By-law 2025-44, this policy shall be interpreted in conjunction with the schedules and provisions of the parent by-law that govern and regulate the operation of any system of waterworks owned by the Township of Southwold.
RELATED POLICIES AND BY-LAWS
The following documents, Policies and by-laws which are subject to updating at the discretion of the Director, are to be used in conjunction with this Policy:
1. All schedules of the Integrated Water Management By-law
2. Design Guidelines Manual
3. Elgin County Standard Contract Documents - Supplemental Specifications
4. Site Plan Control By-law
5. Local Servicing Policy
CONTENTS
1. DEFINITIONS
2. GENERAL TERMS AND CONDITIONS
3. PROCEDURE
4. COLLECTION FEES
5. MUNICIPAL UTILITY WATEAR RATES AND FEES
6. REFUSAL OF TOWNSHIP WATER METER INSTALLATION FEE
7. MUNCIPAL WATER FILLING STATION FEE
8. FINAL WATER METER READINGS FEE
9. SANITARY SEWER CONNECTION FEE
10. MUNICIPAL UTILITY ACCOUNTS - RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL
11. UNPAID CHARGES
12. NOTIFICATION OF CHANGES IN OCCUPANCY OR OWNERSHIP
13. WATER READING AND MUNICIPAL UTILITY BILLING FREQUENCY
14. ESTIMATED WATER CONSUMPTION FOR INACCESSIBLE/MALFUNCTIONING METERS
15. LATE PAYMENT PENALTY
16. ARREARS NOTICE
17. DISPUTED ACCOUNTS
18. INTERPRETATION
"Additional Dwelling Unit (ADU) - means a self-contained residential unit that is subordinate to a primary dwelling on the same lot. ADUs may be located within the primary dwelling (e.g. basement apartment), attached to it (e.g. addition), or in a separate structure on the same property (e.g. single-family dwelling), and are intended for permanent residential occupancy.
"Approved" - means having the approval of the Manager of Environmental Services or an authorized representative of the Manager of Environmental Services.
"Blank" - means the temporary or permanent decommissioning of a pipe by means of plugging, capping or other method.
"Billing Period" - means the interval at which customers are invoiced for municipal water, wastewater, and stormwater services.
"Bulk Water Rate" - means a rate applied to users purchasing large volumes of water from the Township, typically for commercial or industrial purposes.
"Chief Administrative Officer" - means the person designated by the Council of The Corporation of the Township of Southwold as its Chief Administrative Officer of his or her designate.
"Chief Building Official" - means the Chief Building Official of the Township of Southwold, appointed in accordance with the Building Code Act.
"Connection Fee" - means a one-time charge imposed on a property owner for connecting to the municipal water, sewage, or stormwater system.
"Contractor" - means a person qualified to install or repair a service to the specifications of this Policy who has been approved by the Manager of Environmental Services, Director of Infrastructure and Development Services, or by the Chief Administrative Officer. The Township may be a contractor.
"Construction Water" - means the water used during the construction phase of a new building or development, before the property is occupied or a permanent water service connection is fully in place. It is typically drawn from a metered source or hydrant.
"Council" - means the elected Council of the Township of Southwold.
"Director" - means the Director of Infrastructure and Development Services.
"Disconnection Fee" - means a charge applied when a property is disconnected from the municipal water or wastewater system, either temporarily or permanently.
"Drinking Water System" - has the same meaning as in the Safe Drinking Water Act, 2002 as amended, and includes the Township Water Meter.
"Dwelling Unit" - means an individual unit for residential habitation that may be comprised of but not limited to a detached single-family dwelling, one half of a duplex, and apartment in a multi-residential building or a trailer.
"Fixed Service Charge" - means a set fee applied to all users to cover the operational and administrative costs of providing water, wastewater and stormwater services.
"Late Payment Fee" - means a penalty charged to users for overdue payments on their water, wastewater, or stormwater accounts.
"Manager" - means the Manager of Environmental Services.
"Meter Pit" - means any exterior chamber or pit approved by the Director/Manager for the purpose of containing a Township water meter.
"Metered Rates" - means a charge applied to properties connected to the municipal utility system which includes municipal water systems and sanitary sewer system, based on the volume of water discharged as measured through a Township owned water meter.
"Municipal Utility" - means a municipally provided utility, including municipal water and wastewater services.
"Municipal Utility Rate" - means a fixed monthly or quarterly charge applied to all connections including but not limited to municipal water and wastewater services.
"Non-Compliance Penalty" - means a financial penalty imposed for violations of municipal water, wastewater or stormwater regulations.
"Occupants" - shall include any lessee, tenant, owner, the agent of a lessee, tenant or owner, or any person in possession of a Premise.
"Owner" - means a person who has any right, title, estate, or interest in land or premises, other than that of only an occupier and, where that person is a corporation, shall include the officers, directors and shareholders of that corporation, and shall include any person with authority or power over or control of that land or premises on behalf of an owner, and an owner includes a developer.
"Reconnection Fee" - means a charge imposed to restore service to a property that was previously disconnected due to owner request, non-payment or other reasons.
"Rural Areas" - means as defined in Schedule "A" Service Areas
"Sanitary Sewer" - means a sewer for the collection and transmission of domestic or industrial wastewater or any combination thereof.
"Sanitary Sewer Service Rate" - means a fixed service charge applied monthly or quarterly to all water accounts with sewer connections, regardless of usage.
"Settlement Area" - means as defined in Schedule "A" Service Areas Policy.
"Sewage" - means any liquid waste containing animal, vegetable, chemical or mineral matter in solution or suspension, but does not include stormwater or uncontaminated water.
"Sewage Works" - means any works for the collection, transmission, treatment and disposal of sewage, stormwater, or uncontaminated water, including a combined sewer, sanitary sewer, stormsewer, municipal or private sewer connection to any sanitary sewer or combined sewer, or any part of such works, but does not include plumbing or other works to which the applicable Building Code applied.
"Sewer Surcharge" - means an additional charge applied to users whose wastewater discharge exceeds standard treatment thresholds, typically for industrial or commercial customers.
"Southwold Sewer Works" - means the Sewage Works located in the geographical boundaries of the Township of Southwold including Shedden, Fingal, Talbotville, Ferndale and Lynhurst.
"Stormwater" - means surface and rainwater, other natural precipitation, melted snow and ice, drainage including swimming pool drain water, uncontaminated water, and groundwater.
"Stormwater Service Rate" means a fixed service charge applied monthly or quarterly to all water accounts in designated areas as designed in Scheduled "B" of the Rates and Fees Policy.
"Township" - means the Corporation of the Township of Southwold, including its successors and assigns the geographic area as the context requires.
"Township Treasurer" - means the Treasurer for the Township of Southwold, or an authorized representative of the Township Treasurer.
"Township Water Meter" - means a water meter supplied by the Township or Owner (owned by the Township) that is used to measure the amount of Township supplied water to a premise and includes, as part of the water meter's components, the Township Water Meter Reading Device and the Township Water Meter Reader Wire.
"Unmetered Rate" - means a flat rate charged to properties without a water meter, based on an estimated usage determined by the Township.
"Urban Areas" - means as defined in Schedule "A" Service Areas Policy.
"User" - means any individual, property owner, business, or entity that is connected to or uses the Township's water, wastewater, or stormwater systems.
"Wastewater" - means the composite of water and water-carried wastes from residential, commercial, industrial, institutional premises or any source.
"Water" - means Potable Water supplied by the Township of Southwold.
"Water Connection Permit" - means approval by the Township authorizing the Permit Holder to connect to the public water supply in accordance with the terms and conditions set out in the permit.
"Water Rates" - means Township Water Meter rates.
2. GENERAL TERMS AND CONDITIONS
2.1 ADMINSTRATION OF POLICY
This by-law shall be administered by an Officer, the Chief Building Official and/or the Director.
2.2 DECISIONS TO BE FINAL
All decisions made by the Director and/or the Chief Building Official with respect to any requirements set out in this by-law shall be final and binding.
2.3 APPLICATION AND CONNECTION CHARGES PAYMENT PRIOR TO INSTALLATION
The owner or their agent shall apply to the Township for service and before the service is installed, shall pay the applicable charges as detailed in Schedule "B" of the Integrated Water Management By-law.
2.4 APPLICATION OF THE POLICY
This policy is applicable to all properties within the Geographical Boundaries of the Township of Southwold, including Shedden, Fingal, Talbotville, Ferndale and Lynhurst, or those connected to the Municipal Utilities of the Township of Southwold.
3.1 APPLICATION FOR SERVICE
All applications for municipal utility service shall be submitted to the Township of Southwold for review and approval. The Township reserves the right to reject any application that is incomplete, inaccurate, or does not meet the requirements set out in applicable Township policies, by-laws, or servicing standards.
3.2 APPROVAL FOR SERVICE
Approval of a municipal utility service application is at the sole discretion of the Township and is contingent upon the applicant providing all required information, documentation, and fees. No municipal utility service connection or activation shall occur until the application has been formally approved by the Township, and fees have been received by the Township of Southwold.
4.1 CONNECTION FEES
Municipal water, sewage, or stormwater system connections are due at the time of application. Any additional costs incurred by the Township as part of the installation or related work shall be invoiced to the applicant upon completion of work.
All fees must be paid in accordance with this policy to proceed with the requested service or development.
4.2 DEVELOPMENT-RELATED CONNECTION FEES
Connection fees related to development projects are due at the time of plan registration.
4.3 DEVELOPMENT-RELATED COSTS INCURRED BY THE TOWNSHIP
Where the Township incurs costs related to a development project, such costs shall be invoiced to the developer periodically as required throughout the course of the project.
4.4 FIRE PROTECTION FEES
An annual fire protection charge, as outlined in Schedule "B" of this by-law, shall be applied to properties equipped with a fire suppression system that is connected to the municipal water system and not metered.
The rate is based on the water service size that would typically service the fire suppression system, as determined by the Township.
The property will be invoiced during the first week of January each year for coverage for the upcoming year. Should the property be converted to a metered system during the year, the annual amount will be pro-rated, and any applicable refund will be issues.
4.5 CONSTRUCTION WATER FEES
A flat fee for construction water as outlined in Schedule "B'' Rates and Fees Policy provides water required during the building stages. The builder or developer is responsible for construction water charges until the meter/account is transferred to the property owner.
4.6 MUNICIPAL WATER TEMPORARY DISCONNECTIONS/RECONNECTIONS FEE
Any property owner wishing to turn off the Municipal water ( disconnection) or turn the water back on (reconnection) shall:
a. Give notice to the Manager of Environmental Services and pay the required fee as shown in Schedule "B" Rates and Fees policy, attached to this by-law.
b. Fixed fee charges shall not be deferred due to a temporary disconnection.
c. The Township may, at its sole discretion, before supplying any municipal water to any person or to any building or property, as a condition of continuing to supply the water, require the consumer to give a reasonable security for the payment of the proper charges thereof or for carrying the water into the building or property.
5. MUNICIPAL UTILITY WATER RATES AND FEES
Municipal Water rates and fees for the maintenance and for the recovery of supply and installation costs of water shall be charged in accordance with the rates set out in Schedule "B'' Rates and Fees Policy.
6. REFUSAL OF TOWNSHIP WATER METER INSTALLATION FEE
Where the Township of Southwold has been unable to install/replace a water meter in a building due to the refusal of entry or lack of cooperation by the property owner, occupant, or authorized agent, the Township shall impose a flat rate water charge, as set out in Schedule "B" Rates and Fees Policy.
This fee reflects the increased administrative burden and the inability to accurately measure water consumption in the absence of a functioning meter.
The flat rate charge shall remain in effect until such time as a water meter is properly installed and activated.
7. MUNICIPAL WATER FILLING STATION FEE
a. The Municipal Water filling station services shall be charged in accordance with the rates outlined in Schedule "B'' Rates and Fees Policy. This is a pre-paid system, where users are required to pay for water usage before the time of service.
b. Payments will be made to the Township of Southwold's municipal office, Monday through Friday, during regular business hours only. The Township accepts payments via cash, cheque, credit card, or other approved methods as determined by the municipal office.
8. FINAL WATER METER READINGS FEE
a. A final water meter reading shall be completed on the date of ownership change, as provided by the property owner or their legal representative. The final water bill will be calculated based on this reading and mailed to the property owner at the forwarding address provided.
b. Final water reads shall be charged as shown in Schedule "B'' Rates and Fees Bylaw attached to this by-law.
9. SANITARY SEWER CONNECTION FEE
a) All properties within the designated service areas as defined in Schedule "A" Service Areas Policy, where municipal sanitary sewer is available shall connect to the system within the timeframe prescribed by the Township.
b) Only one Sanitary Sewer Connection is allowed for each property. No multiple connections shall be permitted.
10. MUNICIPAL UTLITY ACCOUNTS - RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL
a) Municipal Utility accounts shall be registered and billed in the name of the property owner. However, in instances where a Commercial, Industrial, or Institutional occupant has entered into a formal lease agreement with the owner, the Township water meter and account may, at the discretion of the Director, be registered in the name of the occupant.
a) Unpaid Municipal Utility charges shall remain the responsibility of the owner. Should these charges remain unpaid for a period of ninety (90) days following the due date, the outstanding amounts, including any accrued interest, will be transferred to the owner's property tax roll for collection in accordance with standard property tax procedures.
b) This practice is in accordance with the Municipal Act, 2001, Section 398(2), which permits municipalities to add unpaid utility charges to the tax roll of the property to which the services were supplied, and to collect them as taxes.
c) The Township Treasurer is authorized to approve payment arrangements that may be established prior to the outstanding amounts being transferred to the property owner's tax roll.
12. NOTIFICATION OF CHANGES IN OCCUPANCY OR OWNERSHIP
a) Property owners shall inform the Township of Southwold of any changes in occupancy or ownership of their property.
b) Notification must be provided at least thirty (30) days prior to the effective date of the ownership change to facilitate a final water meter reading and ensure all outstanding water charges are settled in full before the transition is finalized.
c) In addition, property owners shall provide a forwarding address for final billing purposes. Failure to notify the Township of such changes may result in continued billing to the property owner and the addition of unpaid charges to the property tax roll, in accordance with the Municipal Act, 2001
13. METER READING AND MUNICIPAL UTILITY BILLING FREQUENCY
a) Township water meters shall be read in accordance with the Township of Southwold's established meter reading schedule.
b) Township water meters located within Urban Areas and those identified as large water users shall be read monthly.
c) Meters located outside the urban area shall be read on a quarterly basis.
d) Municipal Utility billing Charges will be sent to customers electronically or by regular mail, a minimum of 15 days prior to the payment due date. The billing schedule for quarterly accounts is as follows:
i. 1st Quarter Bill - Due the last business day of April
ii. 2nd Quarter Bill - Due the last business day of July
iii. 3rd Quarter Bill - Due the last business day of October
iv. 4th Quarter Bill - Due the last business day of January
e) The Manager of Environmental Services may alter the frequency of billing for meters in urban areas, and large water consumers to a monthly billing cycle. Owners or occupants will be notified in advance. The bill shall be deemed to be served upon the owner if it is delivered or sent by regular mail to the premises supplied, or where electronic communication has been authorized by the owner or occupant.
f) Municipal Utility bills for urban areas and large water users will be sent to customers electronically or by regular mail, a minimum of fifteen (15) days prior to the payment due date.
g) The billing schedule for monthly accounts is as follows:
i. January through December - due on the last business day of the month.
14. ESTIMATED WATER CONSUMPTION FOR INACCESSIBLE/MALFUNCTIONING METERS
a) In circumstances where a water meter cannot be read due to inaccessibility, equipment malfunction, or any other reason beyond the Township's control, the Township of Southwold reserves the right to issue an estimated bill in accordance with Schedule "B" Rates and Fees Policy.
b) Once an actual meter reading is obtained, any discrepancies between the estimated and actual usage will be adjusted on the subsequent bill. It is the responsibility of the property owner to ensure that the meter is accessible for reading at all reasonable times. Failure to provide access on a recurring basis may result in administrative fees or enforcement actions, as outlined in the Township's water services by-law.
c) Should a meter be repeatedly inaccessible, the Director of Infrastructure and Development Services may determine that a meter pit be installed at the expense of the homeowner to ensure reliable access for meter readings.
d) The cost of the meter pit installation, including any applicable labour, materials, and administrative fees, shall be charged to the property owner as per the rates established in Schedule "B'' of this By-law.
a) If any municipal utility account remains unpaid after the established due date, a late payment penalty of five percent (5/o) shall be applied on the first day following the due date. This penalty will be added to the total amount owing and will form part of the arrears.
b) Payments on municipal utility accounts shall be applied on account to penalties and then to the oldest outstanding principal amount as follows:
a) Municipal Utility account holders with outstanding balances will receive an arrears notice after a penalty has been applied to the overdue amount, in accordance with the Township's billing schedule and applicable by-laws.
b) Notices will be issued either electronically (where email contact information is available) or by regular mail to the address on file. These notices will indicate the amount owing, the date the penalty was applied, and a deadline by which payment must be received to avoid further action.
c) Any Municipal Utility account arrears that remain unpaid beyond the specified period will be transferred to the property owner's tax account and collected in accordance with the provisions of the Municipal Act, 2001, S.O. 2001, c. 25. Once transferred, the amount will form part of the property tax roll and may be subject to additional penalties and collection procedures.
d) For properties located outside the Township of Southwold but serviced by the Township's Drinking water system, outstanding amounts will be transferred to the appropriate municipality for collection through the applicable tax account. It is the responsibility of the property owner to ensure payment of all charges related to the property's water account, regardless of tenant or occupant arrangements.
e) The Treasurer is authorized to approve payment arrangements that may be established prior to the outstanding arrears being transferred to the property tax account.
f) The Manager of Environmental Services may request the disconnection of a Municipal Utility account due to non-payment. A charge will be imposed by the Township for both the disconnection of the water supply and reconnecting the water supply, as shown in Schedule "B" Rates and Fees Policy.
a) A Township water meter may be removed and tested upon request of the property owner or Township.
b) At the owner's request, the meter may be removed accompanied with a deposit being the cost of a new meter.
c) If the meter is tested and found to register correctly, or less than 5/o in favour of the Township, the expense of removing and testing the meter will be paid by the person requesting such test.
d) If a meter, when tested, is found to register in excess of 5/o in favour of the Township, a refund will be made to the consumer portion of the consumption charges paid prior to the testing including the deposit paid to a maximum adjustment period of six (6) months. This refund will be calculated on the basis of prior consumption. A new meter will be installed at no cost to the owner.
a) Headings are for reference purposes and shall not affect in any way the meaning or interpretation of the provisions of this Policy.
b) In this Policy, a word interpreted in the singular number has a corresponding meaning when used in the plural.
Schedule D to By-law No. 2025-44
Water Use Policy
PURPOSE
The purpose of this Water Use Policy is to set out the rules and regulations on the operation of any system of waterworks owned by the Township of Southwold. These rules are established to protect the social and environmental well-being of the municipality; health, well-being and safety of persons, services and things that the municipality is authorized to provide, and protection of persons and property, including consumer protection, and to assist the municipality in maintaining regulatory compliance.
This policy is enacted as a Schedule to Bylaw 2025-44 and shall be read in conjunction with the schedules and provisions of the parent bylaw. The controls and limits set forth in this policy are subject to periodic review and adjustment by the Township to reflect changes in law, infrastructure needs, and to maintain regulatory requirements.
This Policy shall apply to all municipal water systems throughout the geographical boundary of the Township of Southwold, and every private water connection that has legally connected into the drinking water system.
RELATED POLICIES AND BY-LAWS
The following documents, Policies, and Bylaws which are subject to updating at the discretion of the Director, are to be used in conjunction with this Policy:
1. All schedules of the Integrated Water Management By-law
2. Design Guidelines Manual
3. Elgin County Standard Contract Documents - Supplemental Specifications
4. Site Plan Control By-law
5. Local Servicing Policy
CONTENTS
1. SHORT TITLE
2. DEFINITIONS
3. APPLICATIONS
4. DUTIES AND RESPONSIBILITES
5. LIMITATIONS TO WATER SERVICE CONNECTIONS
6. DESIGN AND INSTALLATION OF DRINKING WATER SYSTEMS
7. WATER SERVICE CONNECTIONS
8. ENTRY ON LAND OR PREMISES
9. DISCONTINUATION
10. USE OF FIRE HYDRANTS
11. WATER METERS
12. WATER SERVICE RATES AND CHARGES
13. GENERAL PROHIBITIONS
14. OFFENCES
This document may be referred to as the "Water Use Policy."
"Approved" - means having the approval of the Manager of Environmental Services or an authorized representative of the Manager of Environmental Services.
"Backflow" - means the flowing back or reversal of the normal direction of flow in either the Township's water distribution system or a private water service.
"Backflow Preventer" - means a device approved by the Manager of Environmental Services that prevents backflow.
"By-Law Officer" - means a municipal law enforcement officer, a police officer and any person appointed by Council of the Township of Southwold to enforce the provisions of this Policy.
"Blank" - means the temporary or permanent decommissioning of a pipe by means of plugging, capping or other method.
"Building Code Act" - means the Ontario Building Code Act, 1992, S.O. 1992, c.23, as amended, and its regulations, as amended.
"Building Control Valve" - has the same meaning as in the Building Code Act.
"Chief Administrative Officer" - means the person designated by the Council of The Corporation of the Township of Southwold as its Chief Administrative Officer or his or her designate.
"Chief Building Official" - means the Chief Building Official of the Township of Southwold, appointed in accordance with the Building Code Act.
"Contractor" - means a person qualified to install or repair a service to the specifications of this Policy who has been approved by the Manager of Environmental Services, Director of Infrastructure and Development Services, or by the Chief Administrative Officer. The Township may be a Contractor.
"Council" - means the Council of the Corporation of the Township of Southwold.
"Cross-Connection" - means any temporary, actual or potential connection between a potable water system and a source of pollution or contamination.
"Drinking Water System" - has the same meaning as in the Safe Drinking Water Act, 2002, as amended, and includes the Township Water Meter.
"Director" - means the Director of Infrastructure and Development Services.
"Foundation" - means a system or arrangement of foundation units through which the loads from a building are transferred to supporting soil or rock.
"Frontage Charge"- means the charge payable for connecting a Water Service to an original Watermain, or to the replacement of an original Watermain, that is or was funded by the Township.
"Hydrant User" - means any person or persons obtaining water from a hydrant for a purpose other than emergency fire protection.
"Inspection" - includes an audit, examination, survey, test and inquiry.
"Land" - includes all buildings or any part of any building and all structures, machinery and fixtures erected or placed upon, in, over, under or affixed to land and in the case of utility service providers and the Township of Southwold, all buildings or any part of any building erected or placed upon, in, over, under or affixed to land but shall not include machinery whether fixed or not, nor the foundation on which it rests, work structures other than buildings, substructures, poles, towers, lines, nor any of the things exempted from taxation, nor to any easement or the right, use or occupation or other interest in land not owned by such utilities.
"Manager" - means the Manager of Environmental Services.
"Occupant" - includes an Owner of Land or Premises where that Owner resides or carries on a business within the Land or Premises and includes any Person or corporation residing or carrying on a business within the Land or Premises either as a lessee or licensee.
"Owner" - means a Person who has any right, title, estate, or interest in Land or Premises, other than that of only an Occupier and, where that Person is a corporation, shall include the officers, directors and shareholders of that corporation, and shall include any Person with authority or power over or control of that Land or Premises on behalf of an Owner, and an Owner includes a developer.
"Permit Holder" - means the Person to whom the Water Connection Permit has been issued, or with whom an agreement has been signed, authorizing the installation, repair, renewal or removal of Waterworks or connection to a Watermain in accordance with the terms and conditions of the permit agreement.
"Person" - means an individual, association, partnership, corporation, municipality, Provincial or Federal Agency or any agent or employee thereof.
"Plumbing" - means a drainage system, a venting system and water system or parts thereof.
"Premises"- means a separately assessed parcel of Land.
"Private Water Distribution System" - includes but is not limited to Private Watermains, Private Water Services, private water wells, private hydrants and fittings.
"Private Water Service(s)" - means the installed water pipe from the Service Isolation Valve or from a Private Watermain to the Building Control Valve.
"Private Watermain" - means the installed water pipe from the Service Isolation Valve within the Owner's Land from which Private Water Services can be taken.
"Property Line" - means the boundary of a property which adjoins a road allowance.
"Service Isolation Valve" - means a valve located on a Water Service, generally within a Township Road allowance at the property line or in an easement at the easement line and is accessible for operation from the ground surface to control water flow through the Water Service.
"Temporary Water Service" - means: (a) a pipe installed from a public waterworks by the Township, for a Township project, and for a specified temporary period of time; and (b) a pipe installed with the permission of the Manager of Environmental Services for the purpose and on the conditions specified by the Manager of Environmental Services.
"Township" - means the Corporation of the Township of Southwold including its successors and assigns, its officers, employees, agents and contractors or the geographical area as the context requires.
"Township Standards" - means all applicable Township and County of Elgin design manuals, standards and guidelines as amended.
"Township Treasurer" - means the Treasurer of the Township or an authorized representative of the Township Treasurer.
"Township Water Meter" - means a water meter supplied by the Township or Owner ( owned by the Township) that is used to measure the amount of Township supplied water to a premise and includes, as part of the water meter's components, the Township Water Meter Reading Device and the Township Water Meter Reader Wire.
"Township's Water Distribution System" - means the part of the Township's water system that is used in the distribution, storage or supply of water up to and including the Service Isolation Valve and is not part of a treatment system.
"Township Water Meter Pit" - means an exterior chamber approved by the Township for the purpose of containing a Township Water Meter or Backflow Preventer.
"Township Water Meter Reading Device" - means the unit supplied by the Township or Owner that is installed at a premise that reads the water meter.
"Township Water Meter Reader Wire" - means the communication wire supplied by the Township or Owner that connects the Township Water Meter to the Township Water Meter Reading Device.
"Water Connection Permit" - means approval by the Township authorizing the Permit Holder to connect to the public water supply in accordance with the terms and conditions set out in the permit.
"Water Rates" - means Township Water Meter rates.
"Water Service" - means a potable water pipe of any size, tapped or teed from a Watermain to a building.
"Watermain" -means a Township pipe that supplies potable water to Water Services and hydrants.
"Water Meter Assembly" (Standard 25 mm services): consists of the building control valve, non-testable check valve, township meter, tail, pressure regulating valve, and secondary valve.
"Waterworks" - means buildings, structures, plant, machinery, outlets, underground construction and installations and other works designed for the collection, production, treatment, distribution, supply and storage of water or any part of any such works and includes land appropriated for such purposes and uses, but does not include Plumbing to which the Building Code Act or any amendments thereto apply.
a. This Policy shall apply to the Township's Water Distribution System as amended from time to time.
b. All schedules, forms, tables, and diagrams attached to this Policy shall form part of this Policy.
c. All legislation and regulations referenced herein are Ontario provincial laws, as amended, unless noted otherwise.
d. All other documents referenced herein such as By-Laws, codes, other Policies and standards are as amended documents issued by the Township or County.
e. In the event of any conflict or inconsistency between a provision in this Policy and a provision in any other Township by-law this Policy shall prevail.
4. DUTIES AND RESPONSIBILITIES
4.1 DUTIES OF THE MANAGER OF ENVIRONMENTAL SERVICES
a. The Manager shall supervise and administer the Township's Drinking Water System and shall be responsible for its operation, maintenance, repair and extension, to ensure it is maintained in a fit state of repair.
4.2 CONDITIONS THAT IMPERIL THE WATER SUPPLY
a. Should conditions arise that imperil the municipal water supply or its distribution, the Manager:
i. May issue a Notice of Restriction identifying all remedial measures as may be necessary to protect the municipal water supply or its distribution system, which may include limiting or stopping the supply of water in any area and restricting the use of water for any specific purpose;
ii. Shall expend money and employ workers as needed to restore the Township's Drinking Water System; and
iii. Shall report to Council as soon as practical after such measures have been taken.
b. Notice of Restriction may be given by posting on the Township's webpage, Social Media or by any means that, in the opinion of the Manager, are sufficient to provide reasonable notice of the restriction and this notice shall be deemed to have been given to the Person or Persons to which the notice is directed on the earliest date of any such posting.
c. No Person shall use, or cause or permit to be used, water in a manner contrary to any direction given by the Manager during a period when the use of water has been prohibited or restricted.
d. In the event of an emergency or where conditions arise that imperil the municipal water supply or its distribution, or where a Notice of Restriction is issued and has been violated, the Township may shut off the water supply to any Person without prior notice.
4.2 GENERAL DUTIES OF THE TOWNSHIP
a. The Director and/or the Manager may enter into agreements authorizing the installation, repair, renewal or removal of a Water Distribution System.
b. The Director and/or the Manager may enter into agreements with non-township employees to supply and install Township Water Meters and accompanying meter readings.
c. Subject to any provisions of this Policy, the Township of Southwold may discontinue water supply and continue to refuse to provide water supply as determined necessary.
d. . Where a water supply is continued or initiated pursuant to this Policy, the Township of Southwold shall supply water to a Private Water Service.
e. The Director and/or the Manager may issue permits authorizing the installation, repair, renewal or removal of a Water Distribution System.
f. The Director shall establish and periodically update standards, guidelines and specifications governing the design and construction of the Township's Drinking Water System.
4.3 DUTIES OF THE TOWNSHIP TREASURER
The Township Treasurer shall perform the following duties:
a. Collect fees and charges in accordance with the Integrated Water Management; and
b. Issue water certificates in conjunction with a final reading of the Township Water Meter and final bill to the Owner of the property when a written request has been received and the fee set in Schedule B Rates and Fees Policy has been paid.
4.4 RESPONSIBILITIES OF THE OWNER AND OCCUPANT - GENERAL
Despite any other provision of this Policy, where a Water Service is continued or initiated pursuant to this Policy, no Owner or Occupant shall fail, at the Owner or Occupant's sole expense, to:
a. Provide a Private Water Service;
b. Ensure that the Private Water Service, Building Control Valve, Township Water Meter, and Plumbing on the Owner's or Occupant's Land or Premises comply with the provisions of this Policy;
c. Ensure that any permits, inspections or approvals required pursuant to this Policy or other applicable legislation have been conducted or obtained and are valid and subsisting, prior to connection to the Drinking Water System;
d. Ensure that the Private Water Service does not interfere with the operation of the Drinking Water System;
e. Provide access to the Land or Premises to the Township when required under this Policy;
f. . Protect from frost and any other damage to the Private Water Distribution System, Building Control Valve, Township Water Meter and Plumbing on the Owner's or Occupant's Land or Premises; and
g. Prevent all water loss occasioned by a leak in the Private Water Distribution System and/or Plumbing on the Owner's or Occupant's Land or Premises.
5. LIMITATIONS TO WATER SERVICE CONNECTIONS
5.1.2 NO LIABILITY
The Township shall not be liable for damages or loss suffered by anyone due to the operation of the Drinking Water System, unless shown to be directly due to the negligence of the Township, and without limiting the generality of the foregoing, shall not be liable for damage or loss:
a. For the settlement of any excavation or trench made for the installation or repair of any part of the Drinking Water System, or any damage or loss resulting from such settlement;
b. Caused by the break or failure of any component of Waterworks;
c. Caused by the disruption of any supply of water from the Drinking Water System when such disruption is necessary in connection with the repair or maintenance of the Drinking Water System; or
d. Caused by the disruption or shutting off the water supply in the event of an emergency.
5.1.2 INTERFERENCE
No Person, except those authorized by the Director and/or the Manager, shall:
a. Tap off or make any connection with a Watermain;
b. Extend the private water service before the location of the water meter.
c. . Turn off or on any Watermain valve;
d. Turn off or on, damage, destroy, remove or interfere in any manner with any Water Service and/or the Service Isolation Valve;
e. Interfere or tamper in any way with the operation of any Township Water Meter;
f. Interfere or adjust the Township pressure regulating device;
g. Blank or cap any Watermains;
h. Interfere in any way with or cause any interference with the use of the Township's Drinking Water System by another Owner or Occupant;
i. Attach any device to any water pipe which may create noise, a pressure surge, Backflow or contamination of the Drinking Water System;
j. Use any device on any Water Service Connection, on the upstream side of a Township Water Meter for the purposes of boosting or increasing water pressure; or
k. Tamper with, break or remove any seal, lock-out device or lock-out tag installed by the Township on any valves, Township Water Meters, or flanged outlets on Waterworks.
5.1.3 CONDITIONS OF SERVICE
a. The Township shall perform all work having to do with the Drinking Water System and with the installation, repair, renewal, or removal of the Township's Water Distribution System, except where approved by the Director and/or the Manager.
b. The Township may temporarily interrupt the water supply without notice.
c. Water shall not be supplied from the Township's Water Distribution System unless a Water Service is laid and equipped in accordance with the provisions of this Policy or any other policies or by-law's relating to municipal water servicing, and all necessary permits have been obtained from the Township.
d. The Township does not guarantee:
i. Any pre-determined water pressure or flow from the Drinking Water System or from any temporary Water Service;
ii. Any level of service of water pressure or flow that may be used for private fire suppression systems or any other systems;
iii. That water supplied be free of color or turbidity;
iv. Equipment, including range or steam boilers will be supplied with water at all times; or Pipes will not be damaged, freeze, or burst.
5.1.4 WATER CONNECTION PERMITS
a. No Person shall fail to obtain a Water Connection Permit prior to the installation, repair, renewal, removal, Blanking or capping of a Watermain or Water Service or Township Water Meter unless otherwise authorized by the Director and/or the Manager.
b. The Director and/or the Manager shall inspect plans and specifications for any drinking water system or water service to ensure compliance with Township Standards.
i. A Water Connection Permit shall not be issued until:
ii. The applicant for a Water Connection Permit has completed and submitted the appropriate forms and provided all required drawings and information to the satisfaction of the Township;
iii. The Water Service connection charge set in Schedule B of the Rates and Fees Policy has been paid;
iv. Any applicable Frontage Charge, as set in Schedule B of the Rates and Fees Policy has been paid;
v. All other required permits including the Building Department have been obtained; and
vi. The Director and/or the Manager is satisfied that the proposed works meet Township standards and design guidelines and do not contravene any applicable laws or municipal by-laws and/or Policies.
c. Extensions of and connections to the Township's Water Distribution System shall only be permitted by the Director and/or the CAO.
d. New Water Service connections and Water Service installations made in association with a capital works project of the Township shall be subject to the entire permit requirements of this Policy and to the charges and fees set in Schedule B of the Rates and Fees Policy.
e. There shall be no charge for the replacement of a public Water Service as part of a Watermain rehabilitation project provided that the replaced public Water Service is the same diameter or meets the Township minimum service standards.
f. The fee for changing the diameter of a Water Service shall be equivalent to the cost difference of the upsize less the existing Water Service connection fee set in Schedule B of the Rates and Fees Policy.
g. Work performed by the Township on behalf of an Owner shall comply with this Policy and with the terms and conditions of the Water Connection Permit and applicable laws.
h. Work shall commence only upon issuance of the Water Connection Permit and payment of the fees and charges set in Schedule B of the Rates and Fees Policy.
i. A Water Connection Permit shall be valid for a period of six (6) months from the date of the issuance of the permit, and in the event that a Water Service connection is not made within the six (6) month period, the permit may be cancelled by the Township.
j. If cancelled, all funds paid on application for the Water Connection Permit shall be refunded without interest to the payor, less an administration fee set in Schedule B of the Rates and Fees Policy.
6. DESIGN AND INSTALLATION OF DRINKING WATER SYSTEMS
6.1.1 NEW DRINKING WATER SYSTEMS
a. All Drinking Water Systems shall be designed and constructed in conformance with Township Standards and Design Guidelines unless Approved by the Director and/ or the Manager.
b. If applicable, a registered easement shall be obtained prior to the installation of a Water Service to any Premise in, or over, or across the property of another Premise.
c. The Township shall install that portion of Water Service which is on Township property and which runs from the Township Watermain to a Service Isolation Valve, or at the boundary of an easement granted to the Township for its Drinking Water System.
d. The Township shall remain the owner of the portion of the Water Service as described in 6.1.1. a.
e. The Water Service as described in 6.1.1.A.a shall remain in the off position, accessible, and in good working order until it is extended and connected to a Township Water Meter.
f. All services shall be a minimum of 25 mm as prescribed in the Ontario Building Code. If a service size greater than 25 mm has been requested by the property owner, than the owner shall provide the size of service requested for consideration and approval by the Township. The Township will not be responsible for recommending a service size greater than 25 mm.
g. All private Watermains and Private Water Services shall be of the same size and material and meet the same Township Standards and specifications as the public Water Services installed by or on behalf of the Township to the property line, unless otherwise required or Approved by the Manager.
h. Any Private Water Distribution System shall be installed by the Owner, at the Owner’s sole expense, in accordance with all applicable law including, but not limited to, the Building Code Act, Township Standards and this Policy.
i. All properties requiring potable water service shall be required to connect to the municipal drinking water system if available, in accordance with the provisions of this bylaw. In the event that a private well or other private water supply system fails or is deemed unsafe or non- compliant by the appropriate authority, and municipal water service is available to the property, the property owner shall be required to decommission the private water source in accordance with applicable legislation and establish a connection to the municipal system at their sole cost.
6.1.2 EXISTING DRINKING WATER SERVICES
a. Any Owner wishing to relocate, replace, alter, disconnect or reuse an existing Water Service must make an application and receive approval from the Manager prior to commencing the work.
b. Where a change referred to in 6.1.2..a is approved by the Manager, the Owner, at the Owner’s sole expense, may have the work performed on the Township owned portion of the Water Service by either an indemnified contractor that is approved by the Township prior to any work being performed.
c. An existing Water Service shall not be connected to a new building unless it meets current Township Standards and the Water Service is inspected and approved for reuse by the Manager in advance of any connection being made.
d. If an existing Water Service to a Premise has any portion located within another Premise it shall not be reused unless a registered easement is obtained for the portion of the Water Service in, or over, or across the property of another Premise.
6.1.3. GENERAL PROVISIONS FOR THE INSTALLATION OF DRINKING WATER SYSTEMS
a. An applicant for the installation, relocation, replacement, alteration or disconnection of a Drinking Water System shall pay all applicable fees set in Schedule B Rates and Fees Policy.
b. In the event that a connection to the Waterworks or a Water Service is installed in a manner other than provided for in this Policy, the Township may, at the expense of the Owner:
i. Re-excavate the connection or Water Service for the purpose of inspection and testing and, if necessary, require the Owner to reinstall the work in compliance with this Policy; and
ii. Disconnect the Water Service which shall not be reinstalled or reconnected except with the prior written permission of the Manager and full compliance with the requirements of this Policy.
6.1.4 CONNECTIONS - GREATER THAN 80 METERS
The following conditions apply to any Owner wishing to connect to the Water Service and the building is more than 80 meters away from the property line:
a. A Meter Pit shall be installed at the Owner’s expense at the property line closest to the Water Service or Watermain and no additional municipally owned infrastructure shall be installed, owned or maintained by the Township beyond the meter pit on the private water service;
b. The Owner of the property shall request from the contractor that the longest water service pipe be used to reduce the amount of compression fittings on the Private Water Service;
c. The Township Water Meter and Backflow Preventer, and pressure regulating valve be installed within the meter pit; and,
d. All Owners shall pay all costs associated with the Meter Pit and Township Water Meter installation and be responsible for all consumption of water through the meter pit
7.1. BACKFLOW PREVENTION
a. No Person shall connect, cause to be connected, or allow to remain connected to the Waterworks, or construct, install or maintain any piping, fixture, fitting, container, appliance, equipment or any other connection which may or could
enable any substance to enter the Waterworks.
b. The Director and/ or the Manager may require the installation of an Approved Backflow prevention mechanism on a Private Watermain or Private Water Service.
In the event that a Person connects, causes to be connected, or allows to remain connected to the Waterworks, or constructs, installs or maintains any piping, fixture, fitting, container, appliance, equipment or any other connection which
may or could enable any substance to enter the Waterworks or fails to install a Backflow prevention mechanism. As required in this Policy, the Township may shut off the water supply to a Private Water Main or Private Water Service
without prior notice to any Person.
7.2. INSPECTION OF WATER DISTRIBUTION SYSTEMS
a. No Waterworks shall be connected to any Watermain until it is inspected, tested and disinfected in accordance with all applicable laws, including the Township’s Drinking Water License and the Drinking Water Works Permit, and to the satisfaction of the Manager.
b. The Township shall inspect Waterworks during construction, and upon approval of a Water Connection Permit, the applicant shall pay to the Township the inspection fee set in Schedule B Rates and Fees Policy.
c. Issuance of the Water Connection Permit entitles the Permit Holder to an inspection under section 7.2.aof that portion of the Waterworks for which a Water Connection Permit was approved to ensure that the service is installed in accordance with Township Standards.
d. The inspection pursuant to section 7.2.a shall not include:
i. Examination of the elevation of the Water Service when laid in advance of the Watermain;
ii. Examination of unexposed materials; or
iii. Inspection of the backfill of the trench.
e. Water supply shall not be provided until the Private Water Service or Private Watermain has been inspected, tested and disinfected to the satisfaction of the Township.
f. Backfilling:
i. Prior to backfilling of the trench, the Permit Holder shall inform the Township when a Private Water Service has been installed and the Township shall have the Private Water Service inspected.
ii. Backfilling shall only occur upon approval of the Township.
iii. Approval to backfill a Private Watermain or Private Water Service is not a guarantee or warranty that the structures will perform trouble free.
g. The Township may require the Permit Holder to undertake tests to the satisfaction of the Township to demonstrate proper Water Service installation prior to issuing authorization to backfill.
h. A Private Watermain or Private Water Service shall not be put into service until the Township has completed its final acceptance, and final acceptance by the Township shall not occur until a final inspection has been carried out to the satisfaction of the Township.
i. For the purposes of Section 7.2.g the Township may require written confirmation from a Registered Professional Engineer in the Province of Ontario that a Private Water Distribution System was installed and inspected in accordance with Township Standards and all applicable laws and by- laws.
7.3. MAINTENANCE OF PRIVATE WATER DISTRIBUTION SYSTEMS
a. Every Owner shall maintain and ensure proper functioning of Private Water Distribution Systems at the Owner’s sole expense.
b. The Township has the right to inspect, disinfect, and test a Private Water Distribution System, at the Owner’s sole expense.
c. The Township may turn off the water supply to a Private Water Distribution System and isolate it from the Drinking Water System by means of turning off the Service Isolation Valve if the Township suspects or knows the Premises has a
defective or leaking Water Service, Watermain, hydrant and/ or Plumbing.
d. Every Owner shall pay to the Township the fee set in Schedule B Rates and Fees Policy for any turning off or on of the Service Isolation Valve to shut off or restore Water Service to Premises.
8.1. ACCESS
a. As a condition of Water Service and as operational needs dictate, the Township shall have, at all reasonable times, free access, to all parts of Land or Premises in which water is delivered and consumed or Water Service located, for the
purposes of:
i. Installation, inspection, testing, maintenance, repair, altering, replacement, disconnecting and removal of the Drinking Water System, Water Service
connections, Township Water Meters, and other parts of the Drinking Water
System that are deemed as infrastructure owned by the Township;
ii. Inspection of Backflow prevention devices or other equipment and works
associated with the Drinking Water system and the Private Water Service;
iii. Reading of Township Water Meters;
iv. Verifying water leaks; and/ or
v. Inspections for compliance with this Policy, a Notice of Violation or a
condition to any permit.
b. No Person shall deny access to the Township to any Land or Premises or any
part of the Drinking Water System for any purpose as provided for in this Policy.
8.2. ACCESS TO DWELLINGS
c. The Township shall not enter a place being used as a dwelling unless:
i. The consent of the Owner or Occupant is first obtained, ensuring the Owner
or Occupant is first advised that entry may be denied and in such
circumstance, entry can only occur thereafter under authority of a warrant;
ii. A warrant issued under Section 158 of the Provincial Offences Act is obtained;
iii. A warrant issued under Section 439 of the Municipal Act, 2001 is obtained;
iv. A warrant issued under subsection 386.3 of the Municipal Act, 2001 is
obtained;
v. An order issued under Section 438 of the Municipal Act, 2001 is obtained; or
vi. The delay necessary to obtain a warrant or the consent of the Owner or
Occupant would result in the immediate danger to the health or safety of any
Person.
8.3. ENTRY ON LAND OR PREMISES – NOTICE REQUIREMENTS
a. Whenever the Township exercises a power of entry pursuant to this Policy, the Township shall:
i. Provide reasonable notice of the proposed entry to the Owner or Occupant of the Land or Premises by personal service or prepaid mail or by posting the notice on the land in a conspicuous place for three (3) consecutive days prior
to entry;
ii. Where the proposed entry is an inspection authorized by this Policy, provide reasonable notice by means of personal service or prepaid mail or by posting the notice on the land in a conspicuous place for three (3) consecutive days
prior to entry; and
iii. In so far as is practicable, restore the Land or Premises to its original condition where any damage is caused by the inspection.
8.4. SHUTTING OFF/ RESTRICTING WATER SUPPLY
a. Despite any other provision of this Policy, the Township may shut off or restrict the supply of water to a Private Water Distribution System if:
i. The Township is denied access to Land, Premises or a dwelling to install, replace, repair, downsize, read or inspect a Township Water Meter; and/ or
ii. The Township is unable to contact the property owner and there is a suspected or confirmed defect and/ or water leak before the water meter at the Land, Premises or dwelling and;
iii. The Township hasn’t received proof of inspection on a testable backflow
b. Before shutting- off or restricting the supply of water under this Section, the Township shall:
i. By personal service or by registered mail, serve the Owners and Occupants of the Land, Premises or a dwelling with a notice of the date upon which the Township intends to shut off or restrict the supply of water; or
ii. Ensure that a copy of the notice described in 8.4.b.i is securely attached to the Land, Premises or a dwelling in a conspicuous place.
c. The Township shall not shut off or restrict the supply of water under 8.4.a.i, ii, and iii unless it has made reasonable efforts as determined by the Manager to get access to the Land, Premises or a dwelling and has been unable to get access within fourteen (14) days after one of the following methods of customer notice:
i. The day the last notice under 8.4.b.i of this Policy was Personally served; or
ii. The day the last notice under 8.4.b.i of this Policy was mailed.
d. If the Township has shut off or restricted supply of water under 8.4.a of this Policy, the Township shall restore the supply of water as soon as practicable.
e. The Owner or Occupant shall pay all applicable fees as prescribed in Schedule B Rates and Fees Policy.
f. The Owner shall be responsible for water loss occasioned by a defect or leak in the Private Water Distribution System which has been registered as consumption through the meter and the Township shall not be held responsible for any
damages arising from such defect and/ or leakage.
g. If the Director and/ or the Manager deem that there is an inherent risk to the Drinking Water System, as a result of not adhering to this Policy, the Director and/ or Manager may proceed to install a meter pit including all necessary
infrastructure at the property line and that all costs for such work shall be at the expense of the owner. The Director and/ or Manager may also determine that the water will be shut off and locked in the off position until all non- compliance items have been resolved to the satisfaction of the Township.
a. Any Person requiring the turn- off of a Water Service and removal of the Township Water Meter for the purpose of demolition, private water well decommissioning or other reasons shall be responsible for all costs associated with abandoning the water service and be blanked at the watermain.
b. Every Owner shall pay a fee for each Water Service to be Blanked set in Schedule B Rates and Fees Policy where the Township determines it is necessary to Blank a Water Service or Watermain.
c. Prior to Water Service being discontinued, every Owner who wishes to disconnect from the Water Service shall:
i. Apply to the Township for a water disconnection permit;
ii. Obtain a water disconnection permit; and,
iii. Pay to the Township a disconnection fee set in Schedule B Rates and Fees Policy.
d. Upon receiving an application for a water disconnection permit, the Manager shall inspect the property and if the Manager deems it appropriate for the Water Services to be disconnected, a water disconnection permit shall be issued.
e. Within fourteen (14) days of issuance of the water disconnection permit, the Owner shall arrange for the Township to Blank the Water Service and remove the Township Water Meter. The Township may also remove the curb box, rod and any other fixture related to the water service connection at the expense of the Owner.
f. No Owner shall turn on any Private Water Distribution System until the water supply has been shut down by the Township.
g. Disconnected Private Water Distribution Systems shall not be reconnected without advance written consent of the Manager and payment of applicable fees set in Schedule B Rates and Fees Policy.
h. The Owner shall be responsible for all costs related directly or indirectly to disconnection from the Water Service.
10.1. PERMISSION TO USE WATER FROM FIRE HYDRANTS
a. No Person shall operate a municipally owned fire hydrant, except:
i. An employee of the Township that is a certified operator under provincial regulations; or
ii. The contracted Operating Authority with proper authorization to operate a fire hydrant in the Township; and
iii. A member of a fire department.
10.2. FIRE HYDRANTS – GENERAL
a) Unless authorized by the Manager, no Person shall:
i. Open or close any fire hydrant or fire hydrant valve;
ii. Connect any device of any kind to a fire hydrant, including a pipe, hose, fixture, or appliance.
b) No Person shall paint fire hydrants or tamper with the color scheme of fire hydrants except with the permission of the Township.
c) Any Person who wishes to have a Township owned fire hydrant relocated may request in writing to the Director that the fire hydrant be relocated including reasoning for relocation, and if Approved, the Person making the request shall pay the estimated cost determined by the Director and/ or the Manager, subject to a refund or additional payment, depending upon the actual cost when the work has been completed.
10.3. OBSTRUCTION OF A HYDRANT
a. The Owner or Occupant of Land or Premises adjacent to a fire hydrant or on which a fire hydrant is located shall ensure that there is access to the fire hydrant at all times and that access is not obstructed in any manner whatsoever.
b. No Owner or Occupant of Land or Premises shall allow anything on the Land or Premises to interfere with the operation of a fire hydrant or private fire hydrant located on or adjacent to that Land or Premises.
c. Any Person who owns Land or Premises on which a fire hydrant is located or own property adjacent to Township owned property on which a fire hydrant is located:
i. Shall ensure there is a three (3) metre corridor free of vegetation and other objects between the hydrant and the curb and shall ensure there is a one and a half (1.5) metre radius clearance free of vegetation and other objects beside or behind a hydrant unless authorized in writing by the Director; and
ii. Shall ensure that nothing is constructed, erected, or placed within the clearance provided in 8.3.c. of this Policy.
d. If an Owner fails to provide the proper clearances on or around the fire hydrant within twenty- four (24) hours of being notified to do so by the Township, the Township may remove any and all obstructions or encroachments and the Owner
shall pay the Township all costs associated with the removal of those obstructions or encroachments.
11. 1. TOWNSHIP WATER METERS
a. All Water Services shall be metered unless otherwise permitted by the Township.
b. All water meters shall be supplied by the Township. Any meters larger than 100mm shall be reviewed and approved by the Director and/ or the Manager.
c. Only one Township Water Meter (Primary Meter) per Water Service shall be installed for Water Service billing purposes.
d. Additional meters may be purchased at the owner’s expense for the purpose of submetering and will be permitted without a new account being set up. In these cases, the additional meter shall be owned and maintained by the owner of the property and the Township has no legal responsibility to repair, maintain, read, or replace at the Township’s costs for damages incurred. The Primary meter shall continue to be the billing meter.
e. The Township Water Meter, and its installation, shall meet Township Standards and shall be owned by the Township.
f. The Owner or Occupant of the Land or Premises on which a Township Water Meter is to be located shall:
i. Pay the fee set in Schedule B Rates and Fees Policy for the supply and installation of the Township Water Meter, prior to its installation;
ii. Pay the cost of altering, repairing, relocating, downsizing or replacing a Township Water Meter;
iii. Pay the cost of plumbing required as a result of downsizing the Township Water Meter;
iv. Pay the cost of installing, replacing or repairing any damaged, missing or stolen component of a Township Water Meter;
11.2. LOCATION, INSTALLATION AND MAINTENANCE OF TOWNSHIP WATER METERS
a. As a condition of service, and despite any other provision of this Policy, the Director and/ or the Manager may:
i. Determine the location that a Township Water Meter is to be installed. A meter pit/ vault/ chamber may be required at the discretion of the Director and/ or Manager even if the main building is less than 80 m from the property line and shall be determined on a case- by-case basis;
ii. Upon prior notice, enter upon a Premises for the purpose of installation, relocation, replacing, repairing and inspecting of the Township Water Meter, without the Owner being present at the time of the visit if there is an adult eighteen (18) years or older present to provide access;
iii. Require a Township Water Meter either to be tested on site or removed for testing by a Person authorized by the Township at the discretion of the Township;
iv. Require a Township Water Meter to be replaced or relocated;
v. Inspect Land or Premises prior to supplying water to determine if a site is suitable for the installation, reading, maintenance and repair of a Township Water Meter and related works; and
vi. Inspect an installation to ensure it meets approved or modified drawings and require an Owner to remedy any deficiencies.
b. Despite any other provision of this Policy, every Owner and Occupant shall:
i. provide a suitable site for installation of the Township Water Meter near the Building Control Valve, to the satisfaction of the Township and in accordance with Township Standards;
ii. When required by the Township, provide at the Owner or Occupant’s sole expense and to the satisfaction of Township, a meter/ backflow building, vault, or chamber on the Owner or Occupant’s property and near the property line in accordance with Township Standards;
iii. Ensure the maintenance and repair of any building, vault or chamber referred to in 11.2.b.ii and, upon failure to do so, the Township may have such work performed by the Township at the Owner’s or Occupant’s sole expense;
iv. Ensure that the Township has clear access at all times to meter areas and Township Water Meters;
v. Ensure the safe- keeping of any Township Water Meter, that is installed on the Land or Premises;
vi. Ensure the Township Water Meter is free of danger from water or ice damage;
vii. Protect the Township Water Meter, valves and pipes located on the Land or Premises;
viii. Make repairs to facilitate the removal or testing of the meter if, in the opinion of the Township, the condition of the Water Service pipe or valves and of the plumbing system on such piping is such that the Township Water Meter cannot be safely removed for the purpose of testing, replacing, repairing or testing without fear of damage to the Water Service pipe valves or Township Water Meter; and
ix. Notify the Township within twenty four (24) hours if the seal on a by-pass valve or a Township Water Meter is broken.
c. The Owner or Occupant shall not charge a rental fee for the location of the Township Water Meter on private property.
11.3. PROHIBITION RE: BY-PASS VALVE
a) No Person shall open a by-pass valve on a Township Water Meter or metering installation except in the case of emergency.
12. WATER SERVICE RATES AND CHARGES
12.1. PAYMENTS
a. The Owner of Premises that is connected to a Watermain and in which a Township Water Meter has been installed shall pay the Water Rate set in Schedule “B” Rates and Fees Policy.
b. If the Owner or Occupant has not performed necessary work for a Township Water Meter to function properly after being notified of the requirement to perform this work by the Township, the Director and/ or Manager may proceed to install a meter pit and associated infrastructure.
c. In addition to any other provision of this Policy, the Township may shut off or
restrict the supply of water to a Private Water Distribution System for failure to make payments on Water Rates, Other Charges and fees under Schedule B Rates and Fees Policy.
a. No Person shall provide false information in any report or returns required under this Policy or willfully withhold information required under this Policy.
b. No Person shall hinder, interrupt or cause to be hindered the Township, its contractors, servants, agents or workers, in the exercise of any of the powers or duties under this Policy or related to the Drinking Water System as authorized or required in this Policy.
a. Every person other than a corporation who contravenes any provision of this Policy is guilty of an offence and on conviction is liable for every day or part thereof upon which such offence occurs or continues, to a fine as prescribed in
Schedule B Rates and Fees Policy.
b. Every Corporation that contravenes any provision of this Policy is guilty of an offence and on conviction is liable for every day or part thereof upon which such offence occurs or continues, to a fine as prescribed in Schedule B Rates and Fees Policy.
c. In this Policy subsequent offence means any offence that occurs after the date of conviction for any earlier offence under this Policy.
Schedule E to By-law No. 2025-44
Sewage Use Policy
PURPOSE
The purpose of this Sewage Use Policy is to set controls and limits for discharges into the Township of Southwold Sewage Works. These controls are established to protect the sewage works, residents, and natural environment from damage or obstruction, and to assist the Township in maintaining regulatory compliance.
This policy is enacted as a Schedule to Bylaw 2025-44 and shall be read in conjunction with the schedules and provisions of the parent bylaw. The controls and limits set forth in this policy are subject to periodic review and adjustment by the Township to reflect changes in law, infrastructure needs, and to maintain regulatory requirements.
This Policy shall apply to all sewers, including sanitary, sewage works, and any connections thereto which enter into such sewers or sewage works, which are publicly or privately owned or operated and are located within the geographical boundary of Southwold Township.
RELATED POLICIES AND BYLAWS
The following documents, Policies, and Bylaws which are subject to updating at the
discretion of the Director, are to be used in conjunction with this Policy:
1. All schedules of the Integrated Water Management By-Law
2. Design Guidelines Manual
3. Elgin County Standard Contract Documents – Supplemental Specifications
4. Site Plan Control By-Law
5. Local Servicing Policy
CONTENTS
1. Short Title
2. Definitions
3. Application
4. Sanitary Sewer Requirements
5. Prohibitions of Dilution
6. Food Related Grease Interceptors
7. Vehicle and Equipment Service Oil and Grease Interceptors .
8. Water Originating from a Source Other Than Township’s Water Supply
9. Spills
10. Multiple Connections with Single Service
11. Maintenance Access Holes
12. Authority of Designated Sewer Officer to Investigate
13. Disconnection From Sewer
14. Sanitary Sewer Connections
15. Offences
16. Interpretation
17. Appendix A: Prohibited Waste
18. Appendix B Restricted Waste
1. Short Title
This document may be referred to as the “Sewage Use Policy.”
"Biomedical Waste" means biomedical waste as defined in the Ontario Ministry of the Environment Guideline C-4 entitled "The Management of Biomedical Waste in Ontario", dated November 2009, as amended from time to time;
"Biochemical Oxygen Demand (BOD)" means the five (5) day BOD which is the determination of the molecular oxygen utilized during a five (5) day incubation period for the biochemical degradation of organic material (carbonaceous demand), and the oxygen used to oxidize inorganic material such as sulphides and ferrous iron, and the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand);
"Biosolids" means the product of stabilized organic solid material recovered from the
wastewater treatment process;
"Chief Administrative Officer ” means the person designated by the Council of The Corporation of the Township of Southwold as its Chief Administrative Officer or his or her designate;
"Chief Building Official ” means the Chief Building Official of the Township of Southwold, appointed in accordance with the Building Code Act.
"Clear- Water Waste” includes non- contact cooling water and other water that has
not come into contact with wastewater contaminant sources;
"Combustible Liquid” means a liquid that has a flash point not less than 37.8 degrees Celsius and not greater than 93.3 degrees Celsius;
"Consumer” means any person or persons, Township or any other Municipal Corporation, the Government of Ontario, or the Government of Canada whose property is connected to the Southwold Sewer Works or any lessee or occupant of such
property or any person who directly or indirectly discharges or deposits, or causes or permits the discharge or deposit of wastewater into the Sewage Works;
"Connection” or “Drain” means that part or those parts of any pipe or system of pipes leading directly or indirectly to a Sewage Works;
"Contractor” means an individual or person qualified to install or repair a service to the specification of this By- law who has been approved by a Designated Sewer Officer;
"Council” means the Council of the Corporation of the Township of Southwold; Designated Sewer Officer” means the Manager of Environmental Services, who administers this Policy and carries out the duties and responsibilities described herein;
"Director” means the Director of Infrastructure and Development Services. Domestic Wastewater” means waste produced on and released from a residential, commercial, or institutional premise as a result of normal human living processes and
includes sanitary waste and wastewater from showers and restroom washbasins;
"Fuel” means alcohol, gasoline, naphtha, diesel fuel, fuel oil or any other ignitable substance intended for use as a fuel;
Hauled Wastewater” means waste removed from a wastewater system, including a cesspool, a septic tank system, a privy vault or privy pit, a chemical toilet, a portable toilet, or a wastewater holding tank but does not include sludge removed from wastewater treatment plants;
"Hazardous Substance” means:
i. Any substance or mixture of substances, other than a pesticide, that exhibits characteristics of flammability, corrosivity, reactivity or toxicity; and
ii. Any substance that is designated as hazardous within the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended and includes hazardous industrial waste and hazardous waste chemical within the meaning of Ontario Regulation
347, as amended;
"Hazardous Waste” means any Hazardous Substance disposed of as waste;
"Ignitable Waste” means a substance that:
i. Is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume and has a flash point less than 93 degrees Celsius, as determined by the Tag Closed Cup Tester (ASTM D-56-97a), the Setaflash Closed Cup Tester
ASTM D-3828-97 or ASTM D-3278-96e1), the Pensky- Martens Closed Cup Tester (ASTM D-93-97), or as determined by an equivalent test method;
ii. Is a solid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a danger;
iii. Is an ignitable compressed gas as defined in the regulations made under the Transportation of Dangerous Goods Act, 1992, S.C. 1992, c.34, as amended or any successor legislation thereto (“TDGA”); or
iv. Is an oxidizing substance as defined in the regulations under the TDGA;
"Manager” means the Manager of Environmental Services.
"Municipal Sewer Connection” means that part of any drain leading directly or indirectly from a Private Sewer Connection and connected to the Southwold Sewage Works and located within the limits of the public road allowance, or other public lands or public land interests held for sewage purposes;
"Non-Domestic Wastewater” means all wastewater except Domestic Wastewater, Storm Water, Uncontaminated Water, and Septic Tank Waste;
"Pathological Waste” means a material which is a pathological waste within the meaning of Ontario Regulation 347, as amended made under the Environmental Protection Act, R.S.O. 1990, c. E.19 (EPA) or any material which may be designated in writing by the Chief Medical Officer of Health;
"PCB” means any monochlorinated or polychlorinated biphenyl or any mixture of them or mixture that contains one or more of them; a PCB waste within the meaning of Ontario Regulation 352, as amended, made under the Environmental Protection Act, R.S.O. 1990, c. E.19.
"Pesticide” or “Pesticides” means a pesticide regulated under the Pesticides Act, R.S.O. 1990, c. P.11, as amended or any successor legislation thereto; Pollution Prevention” means the use of processes, practices, materials, products,
substances or energy that avoid or minimize the creation of pollutants and wastes;
"Private Sewer Connection” means that part of any Drain or system of drains, including drains or subsurface drainage pipe for surface or subsurface drainage of the land in or adjacent to a building, lying within the limits of the private lands and leading to a Municipal Sewer Connection;
"Prohibited Waste” means prohibited waste as defined in Appendix “A” of this Policy;
"Reactive Waste" means a substance that,
i. is normally unstable and readily undergoes violent changes without detonating;
ii. reacts violently with water;
iii. forms potentially explosive mixtures with water;
iv. when mixed with water, generates toxic gases, vapours, or fumes in a quantity sufficient to present danger to human health or the environment;
v. is a cyanide or sulphide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapours, or fumes in a quantity sufficient to present danger to human health or the environment;
vi. is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement;
vii. is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure; or
viii. is an explosive (Class 1) as defined in the regulations under the Transportation of Dangerous Goods Act, 1992, S.C. 1992, as amended;
"Restricted Waste” means restricted waste as defined in Appendix “B” of this Policy;
"Sanitary Sewer” means a sewer for the collection and transmission of domestic or industrial wastewater or any combination thereof;
"Septic Tank Waste” means any waste extracted from a cesspool, septic tank, sewage holding tank, seepage pit, interceptor, or other containment for human excretion and wastes;
"Sewage” means any liquid waste containing animal, vegetable, chemical or mineral matter in solution or suspension, but does not include Stormwater or uncontaminated water;
"Sewage Works” means any works for the collection, transmission, treatment, and disposal of wastewater, storm water, or uncontaminated water, including a combined sewer, sanitary sewer, storm sewer, municipal or private sewer connection to any sanitary sewer or combined sewer, or any part of such works, but does not include plumbing or other works to which the applicable Building Code applies.
"Spill” means a direct or indirect discharge or deposit to the Sewage Works or the natural environment which is abnormal in quantity or quality in light of all the circumstances of the discharge;
"Southwold Sewer Works” means the Sewage Works located in the geographical boundaries of the Township of Southwold including Shedden, Fingal, Talbotville, Ferndale and Lynhurst.
"Storm Water” means surface and rainwater, other natural precipitation, melted snow and ice, drainage including swimming pool drain water, uncontaminated water, and groundwater.
"Township” means the Corporation of the Township of Southwold, including its successors and assigns or the geographic area as the context requires;
"Toxic Substance” means any material defined or described as toxic under the Canadian Environmental Protection Act 1999, S.C. 1999, c.33, as amended, and within the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended and any regulations made thereunder;
"Waste Radioactive Prescribed Substances” means uranium, thorium, plutonium, neptunium, deuterium, their respective derivatives and compounds and such other substances as the Atomic Energy Control Board may designate as being capable of releasing atomic energy or as being requisite for the production, use, or application of atomic energy;
"Wastewater” means the composite of water and water- carried wastes from residential, commercial, industrial, or institutional premises or any other source;
"Wastewater Treatment Facility” means any structure or thing used for the physical, chemical, biological, or radiological treatment of wastewater, and includes sludge treatment and wastewater sludge storage and disposal facilities.
3. Application
a. This Policy shall apply to all sewers, including combined, sanitary and storm
sewers, Sewage Works, and any connections thereto which enter into such sewers or Sewage Works, which are publicly or privately owned or operated and are located within the Township of Southwold.
b. This Policy does not apply to the discharge of any matter or sewage in an emergency, as determined by and approved by the Medical Officer of Health in the exercise of their authority under the Health Protection and Promotion Act, R.S.O. 1990, c. H.17, as amended.
c. In the event of any conflict or inconsistency between a provision in this Policy and a provision in any other Township by- law this Policy shall prevail.
4. Sanitary Sewer Requirements
a. No person shall directly or indirectly discharge or deposit, or cause or permit the discharge or deposit of Wastewater, Sewage or matter of any type into the Sewage Works, except domestic wastewater.
b. No person shall release, cause or permit the release of any Prohibited Waste listed in Appendix “A” of this Policy into the Sewage Works.
c. No person shall release, cause or permit the release of any Restricted Waste which exceeds the respective concentrations listed in Appendix “B” of this Policy into the Sewage Works.
d. No person shall uncover, make any connections with or opening into, use, alter or disturb or cause or permit the uncovering, making connections, opening into, using, altering, disturbing of any Sanitary Sewer or appurtenance thereof,
without first obtaining permission from the Township of Southwold as set out in Part 14 of this Policy.
e. No person shall break, damage, destroy, deface or tamper or cause or permit the breaking, damaging, destroying, defacing or tampering of any Sanitary Sewer or appurtenance thereof.
f. No person shall disconnect, except for the purpose of repair, any Sanitary Sewer without first obtaining permission, in writing, from the Township.
g. The Township may issue upon written request, a temporary waste discharge permit to allow for the temporary discharge of non- domestic wastewater into the Sewage Works upon such terms and conditions as the Manager considers appropriate. The Manager may request any additional information by the applicant as deemed necessary. The Manager reserves the right at its own discretion to approve or deny the application for a temporary discharge permit.
h. Any person discharging matter, Sewage, Wastewater, uncontaminated water or stormwater to the Southwold Sewage Works shall be responsible for ensuring that such matter, Sewage, Wastewater, uncontaminated water or stormwater
conforms at all times to the provisions of this Policy and shall be liable for any damage or expense arising out of any failure to properly check and control such discharge, including the cost of investigation, repairing, cleaning or replacing any
part of any Sewage Works damaged thereby.
a. No person shall discharge or deposit directly or indirectly, or cause or permit the discharge or deposit of Sewage or Wastewater into the Sewage Works where water or any other matter has been added to the discharge for the purpose of
dilution to achieve compliance with this Policy.
6. Food Related Grease Interceptors
a. Every owner or operator of any premises in which there is industrial, commercial or institutional food preparation, including any restaurant or other industrial, commercial, or institutional premises where food is cooked, processed, or prepared, for which the premises is connected directly or indirectly to a Sanitary Sewer, shall take all necessary measures to ensure that oil and grease are prevented from entering into the sewage works in excess of the provisions of this Policy. Grease interceptors shall not discharge to storm sewers.
b. The owner or operator of the premises as set out in this Subsection shall install, operate, and properly maintain an oil and grease interceptor in any piping system at its premises that connects directly or indirectly to a sewer. The oil and grease
interceptors shall be installed in compliance with the most current requirements of the Ontario Building Code. The installation of the oil and grease interceptor shall meet the requirements of the Canadian Standards Association national standard CAN/ CSA B-481.2, as amended.
c. All oil and grease interceptors shall be maintained by the owner at the owner’s expense in accordance with the manufacturer’s recommendations and in continuously efficient operation at all times. The testing, maintenance, and
performance of the interceptor shall meet the requirements of CAN/ CSA B-481.The minimum maintenance requirements shall include the traps being cleaned before the thickness of the organic material and solids residuals is greater than
twenty- five percent of the available volume and the frequency of cleaning being not be less than once in every four weeks. Maintenance requirements shall be posted in the workplace in close proximity to the grease interceptor.
d. A maintenance schedule and record of maintenance for the preceding eighteen (18) month period shall be available to the Manager upon request for each interceptor installed. The Designated Sewer Officer shall have the right to enter upon the premises at any time to inspect its operation and maintenance.
e. The owner or operator of the premises as set out in this Part shall, for two years, keep the document of proof for interceptor clean- out and oil and grease disposal.
f. Emulsifiers shall not be discharged to the sewer system into interceptors. No person shall use any matter including but not limited to enzymes, bacteria, solvents, hot water, or other agents to facilitate the passage of oil and grease through a grease interceptor.
g. In the case of failure to adequately maintain the grease interceptor to the satisfaction of the Designated Sewer Officer, the Designated Sewer Officer may require an alarmed monitoring device to be installed, at the expense of the owner, in accordance with specifications of CAN/ CSA B-481.
7. Vehicle and Equipment Service Oil and Grease Interceptors
a. Every owner or operator of a vehicle or equipment service station, repair shop, or garage, or of an industrial, commercial, or institutional premises, or any other premises in or at which vehicles or equipment are repaired, lubricated, serviced, washed or maintained and where the sanitary discharge is directly or indirectly connected to a sewer, shall prevent oil and grease from entering the Sewage Works except as specifically permitted in this Policy and shall install an oil and grease interceptor designed to prevent motor oil and lubricating grease from passing into the Sewage Works in excess of the limits in this Policy.
b. The owner or operator of the premises as set out in this Part shall install, operate, and properly maintain an oil and grease interceptor on all fixtures and in any piping system that connects directly or indirectly to the Sewage Works. The oil and grease interceptors shall be installed in compliance with the most current requirements of the Ontario Building Code and be maintained as recommended by the Canadian Petroleum Products Institute (CPPI).
c. All oil and grease interceptors and separators shall be maintained by the owner at the owner’s expense in good working order and in accordance with the manufacturer’s recommendations and in continuously efficient operation at all times. All oil and grease interceptors and separators shall also be inspected regularly by the designated Sewer Officer or his designate to ensure performance is maintained to the manufacturer’s specifications for performance and to ensure the surface oil and sediment levels do not exceed the permitted level.
d. A maintenance schedule and record of maintenance shall be submitted to the Designated Sewer Officer annually for each oil and grease interceptor installed.
e. The owner or operator of the premises as set out in this Part shall, for two years, keep the document of proof for interceptor clean- out and oil and grease disposal.
f. Emulsifiers shall not be discharged to the sewer system into interceptors. No person shall use any matter including but not limited to enzymes, bacteria, solvents, hot water, or other agents to facilitate the passage of oil and grease
through an oil and grease interceptor.
g. In the case of failure to adequately maintain the oil and grease interceptor to the satisfaction of the Designated Sewer Officer, the Designated Sewer Officer may require an alarmed monitoring device to be installed at the expense of the
owner.
8. Water Originating from a Source Other Than Township’s Water Supply
a. No person shall discharge or deposit directly or indirectly, or cause or permit the discharge or deposit of water into the Sewage Works which originates from a source other than from the Township’s water supply for each property to which it
is serviced. For the purposes of this Part, water includes but is not limited to storm water or groundwater by mechanical pumping such as a sump pump, or gravity such as water from downspouts or any other similar water distribution or drainage
system.
a. In the event of a spill to the Sewage Works, the person responsible or the person having the charge, management, and control of the spill shall immediately notify and provide any requested information with regard to the spill to:
i. 911, if there is any immediate danger to human health and/ or safety;
OR
ii. If there is no immediate danger, contact the Township, and the owner of the premises where the spill occurred, and any other person whom the person reporting knows or ought to know may be directly affected by the spill.
b. The person responsible or the person having the charge, management, and control of the spill or his or her designate shall provide a detailed written report to the Township, within 5 days after the spill, containing the following information to the best of their knowledge:
i. Location where spill occurred;
ii. Name and telephone number of the person who reported the spill and the location and time where they can be contacted;
iii. Date and time of the spill;
iv. Material spilled;
v. Characteristics and composition of material spilled, including any Material Safety Data Sheets (MSDS);
vi. Volume of material spilled;
vii. Duration of spill event;
viii. Work completed and/ or any work still in progress in the mitigation of the spill;
ix. Preventive actions being taken to ensure a similar spill does not occur again; and
x. Copies of applicable spill prevention and spill response plans.
a. The person responsible for the spill and the person having the charge, management, and control of the spill shall do everything reasonably possible to contain the spill, protect the health and safety of citizens, minimize damage to property, protect the environment, clean up the spill and contaminated residue, and restore the affected area to its condition prior to the spill.
b. Nothing in this Policy relieves any person from complying with any notification or reporting provisions of other government agencies, including Federal and Provincial agencies, or any other By- law of the Township.
c. Where the person responsible for the spill or the person having charge, management and control of the spill fails or neglects to carry out or diligently pursue the activities required of it in this Part of the Policy, the Township may take such measures as they deem appropriate to contain the spill, protect the health and safety of citizens, minimize damage to property, protect the environment, clean up the spill and associated residue and restore the affected area to its condition prior to the spill and recover any associated costs from the person responsible for the spill and/ or the person having charge, management and control of the spill.
d. The Township may invoice the person responsible for the spill to recover any costs related to the spill including but not limited to costs of time, materials, and services arising as a result of the spill. The person responsible for the spill shall pay the
costs invoiced.
e. The Township may require the person responsible for the spill to prepare and submit a Spill Contingency Plan to the Township to indicate how risk of future incidents will be reduced and how future incidents will be addressed.
10. Multiple Connections with Single Service
a. A discharge of matter or sewage to a single private sewer connection into the sewage works from a premises with two or more separate businesses will be considered as being released from each of the separate businesses, unless it is shown to the satisfaction of the Township, by the owner or operator of the premises that the portion of the material or sewage that is in violation of this Policy is being released from only one of the businesses.
a. The Township may require the owner or operator of industrial premises or multistory residential buildings with one of more connections to a sewage works to install and maintain in good repair in each connection a suitable maintenance access hole to allow observation and sampling, and flow measurement of the sewage, uncontaminated water or stormwater therein, provided that where installation of a maintenance access hole is not possible, an alternative device or facility may be substituted with the prior written approval of the Township. Every person required to install or maintain a maintenance access hole as required by the Township shall install or maintain each maintenance access hole or alternative device as required by this section of this Policy.
b. Each maintenance access hole or alternative device installed as required by this section shall be located on the property of the owner or operator of the premises, as close to the property line as possible, unless the Township has given prior written approval for a different location.
c. Each maintenance access hole, device or facility installed as required by this section shall be designed and constructed in accordance with good engineering practice and the requirements of the municipal standard, as established by the
Township time to time, and shall be constructed and maintained by the owner or operator of the premises at their expense.
d. The owner or operator of the industrial premises or multi- story buildings shall at all- time ensure that every maintenance access hole, alternative devise or facility installed as required by this section is accessible at all times for the purposes of
maintaining, observing, sampling and flow measurement of the sewage, uncontaminated water or stormwater therein.
e. If the owner or operator of the industrial premises or multi- story building fails to install a maintenance access hole or alternate device, the Township by notice in writing, may require the owner or operator of the premises to pay to the Township that amount of money which the Township deems necessary to cover the cost of constructing and installing a maintenance access hole or alternate device an upon receipt of such notice, the owner or operator of the premises shall forthwith pay such amount to the Township.
12. Authority of Designated Sewer Officer to Investigate
a. The Designated Sewer Officer may enter upon land and into buildings at any reasonable time without notice or a warrant for the purpose of carrying out any inspection reasonably required to ensure compliance with this Policy, including but not limited to, the following:
i. Inspecting, observing, sampling, and measuring the flow in any private: Drainage system; Sump pump connection;
Oil and grease interceptor or any other grease trap; Wastewater disposal system; Storm water management facility; and Flow monitoring point;
ii. Determine water consumption by reading water meters;
iii. Test flow measuring devices;
iv. Take samples of wastewater, storm water, clear- water waste, and subsurface water being released from the premises or flowing within a private drainage system;
v. Perform on-site testing of the wastewater, storm water, clear- water waste, and subsurface water within or being released from private drainage systems, pre-treatment facilities, and storm water management facilities;
vi. Make reasonable inquiries and/ or require information from any person, orally or in writing, concerning the matter under inspection;
vii. Inspect and copy documents;
viii. Inspect chemical storage areas and spill containment facilities and request Material Safety Data Sheets (MSDS) sheets for materials stored or used onsite; and
ix. Inspect the premises where a release of prohibited or restricted wastes, or of water containing prohibited or restricted wastes, has been made or is suspected of having been made, and to sample any or all matter that in their opinion could have been part of the discharge.
b. No person shall prevent, hinder, obstruct, or interfere in any way with the Designated Sewer Officer, and persons deemed, by the Township, to be essential to an inspection or sampling, bearing proper credentials and identification from carrying out any of their powers or duties; including but not limited to, the following:
i. entering in or upon, at any reasonable time without a warrant, any land or premises, except land or premises being used as a dwelling house;
ii. making such tests or taking such samples as the Designated Sewer Officer or an inspector deems necessary;
iii. inspecting or observing any plant, machinery, equipment, work, activity, or documents;
iv. making inquiries and taking photographs,
v. for the purposes of administering or enforcing this Policy.
c. Notwithstanding section b., the Director may obtain an order or a warrant to obtain any information deemed necessary to assess compliance with this Policy.
d. Any person who hinders, obstructs or interferes with a Designated Sewer Officer with carrying out inspections or tests under and enforcing the provisions of this Policy, is guilty of an offence.
e. Any person who knowingly provides false information in any report or return required under this Policy or who willfully withholds information required under this Policy, is guilty of an offence.
a. Where Sewage or Wastewater which:
i. Is hazardous or creates an immediate danger to any person;
ii. Endangers or interferes with the operation of the Sewage Works; or
iii. Causes or is capable of causing an adverse effect;
is discharged or deposited to the Sewage Works, the Designated Sewer Officer may at the owner’s expense and in addition to any other remedy available, disconnect, plug, or seal off the sewer line discharging or depositing the unacceptable Sewage or Wastewater into the Sewage Works or take such other action as is necessary to prevent such Sewage or Wastewater from entering into the Sewage Works.
b. The Sewage or Wastewater may be prevented from being discharged into the Sewage Works until the Designated Sewer Officer is satisfied in his or her sole discretion that the discharge or deposit of Sewage and Wastewater to be made into the Sewage Works complies with this Policy.
c. The Designated Sewer Officer may, by notice in writing, advise the owner or occupier of the premises from which the Sewage or Wastewater is being discharged or deposited, of the costs associated with such action deemed by the Designated Sewer Officer as necessary to prevent such Sewage or Wastewater from entering into the Sewage Works, and the owner or occupier, as applicable, shall forthwith reimburse the Township for all such costs.
d. Any owner or occupier of a property who has made an illegal connection to the Sewage Works for any purpose is guilty of an offence and shall disconnect immediately and no later than thirty (30) days after written notification has been provided to the owner or occupier as applicable. Failure to comply with this section may result in a temporary disconnection of the sewer connection with the Township’s Sewage Works. The owner shall be responsible for all costs
related to the disconnection and reconnection, including all reconnection charges.
e. No person shall be permitted to permanently disconnect, except temporarily for the purpose of repair, any drain carrying sanitary sewage or other waste to the sewer without first obtaining written approval from the Township. Once repairs have been made, the connection shall be re-connected to the Sewage Works.
14. Sanitary Sewer Connections
a. The owner of a building located on land fronting a sanitary sewer main or on land abutting a street or alley through which access to a sanitary sewer main is available, shall connect the building to the sanitary sewer system of the Township unless permitted otherwise within this Policy.
b. No person shall:
i. erect, or cause or permit to be erected, any building on lands that are serviced by a Sanitary Sewer Connection unless the new building is connected to the Southwold Sewer Works;
ii. construct, install, maintain, use, or cause or permit to be constructed, installed, maintained, or used, whether or not installed prior to the date of the passing of this Policy or any of its predecessors, a direct or indirect connection to the Sanitary Sewer Connection which would permit anything other than sewage to discharge or deposit into the Sewage Works; and
iii. construct, install, maintain, use, or cause or permit to be constructed, installed, maintained, or used, a direct or indirect Connection to the Sanitary Sewer Connection without final inspection and written approval by the Township and all such Connections require a cleanout every fifty (50) feet thereafter.
c. No sanitary sewer Connection shall be constructed on any road allowance, easement, or other public land, unless written approval has been granted by the Township. The owner of the premise(s) served by the Sanitary Sewer Connection shall be responsible for the entire cost of such sewer connection. If a sewer stub has not been installed to the property line, the owner is required to pay for the entire costs to install a new sewer stub from the sewer main to the property line.
d. Reconstructed Buildings
i. Whenever an existing building is substantially damaged or demolished, the existing municipal Sanitary Sewer Connections shall be disconnected by the Township at the owner’s expense at the property line and a temporary cap shall be placed to prevent ground water from entering into the Sewage Works.
ii. For the purposes of this section, an existing building is substantially damaged or demolished when more than fifty percent of the exterior walls of the first storey above grade are removed whether or not they are subsequently replaced. The Township has the sole and absolute discretion to determine when an existing building is substantially damaged or demolished.
e. An owner of a premise who is applying for a permit to construct a replacement building, or to disconnect a dwelling from a septic tank, to connect to a Sanitary Sewer Connection shall be entitled to use an existing municipal sanitary sewer connection which, upon inspection by the Township, is found by the Township to be in satisfactory condition. The owner shall pay for the cost of any inspection, installation fees, and any other associated costs, as required in the amount determined from time to time by the Township.
f. Any person wanting to make a Sanitary Sewer Connection shall make an application to the Township and pay the applicable fee for the application as prescribed in the Schedule “B” Rates and Fees Policy. The owner of the property to be serviced shall complete and sign the application, and the owner shall be responsible for the completeness and accuracy of the information furnished on such application and plans.
g. Sewer Connections on Private and Public Property:
i. Where a sewer stub already exists, a sanitary sewer Connection on private property between the property line and the building shall be installed by the owner of the property, subject to the owner obtaining a building permit including completed application ( SEWER CONNECTION PERMIT) and payment of the fees as prescribed in the Rates and Fees Policy under the
parent By-Law. The owner must adhere to all conditions set out in the permit, including sanitary sewer specifications. All costs associated with the sewer connection shall be at the expense of the owner.
ii. A Sanitary Sewer Connection on public property between the sewer main and private property ( WHERE A SEWER STUB DOESN’T EXIST), is the responsibility of the applicant and shall pay all associated costs to construct the connection. The applicant is required to complete and submit to the Township a completed application (SEWER CONNECTION PERMIT) and pay all fees as per Schedule “B” Rates and Fees Policy.
iii. If the Sanitary Sewer Connection is for a new lot, the owner is required to pay a new connection fee, as prescribed in Schedule “ B” Rates and Fees Policy under the parent By-Law.
h. Only one Sanitary Sewer Connection is allowed for each property. No multiple connections shall be permitted.
i. Where a detached additional dwelling unit has been approved by the Township, the sewer connection from the additional dwelling unit must connect into the private side sewer plumbing system and is not permitted to make an additional
connection directly into the Township’s Sewer Works.
j. Where a Sanitary Sewer Connection is installed or operated in contravention of this Policy, the Township may order the temporary disconnection of any sewer connection whenever, and for so long as, the Township deems it necessary to
prevent continued or repeated violations of this Policy.
k. Where an owner of a building has requested an inspection by the Township by means of an excavation or closed- circuit television inspection of any existing municipal sanitary sewer Connection, the owner shall deposit with the Township in the amount determined by the Township. If upon inspection a structural problem is found in the Township’s portion of the sanitary sewer Connection, the deposit will be refunded.
a. Every person other than a corporation who contravenes any provision of this Policy is guilty of an offence and on conviction is liable, for every day or part thereof upon which such offence occurs or continues, to a fine as prescribed in
Schedule “B” Rates and Fees Policy.
b. Every Corporation that contravenes any provision of this Policy is guilty of an offence and on conviction is liable for every day or part thereof upon which such offence occurs or continues, to a fine as prescribed in Schedule “B” Rates and
Fees Policy.
c. In this Policy subsequent offence means any offence that occurs after the date of conviction for any earlier offence under this Policy.
d. In the event that any person constructs a Sanitary Sewer Connection in a manner other than provided for herein, whether as to design, approval, supervision, or inspection , the Designated Sewer Officer may order the re-excavation of a sanitary sewer Connection for the purposes of inspection and testing, and, if necessary, reconstruction of the work at the owner’s expense and the Designated Sewer Officer may have the work performed at the expense of the owner or disconnect the said sewer connection, in which case it shall not be reconstructed except with the prior written approval of the Designated Sewer Officer. Any expenses incurred by the Township is the responsibility of the owner and may be added to the tax roll and collected in the same manner as property taxes.
e. The continuation of a condition violating the provisions of this Policy shall be considered contravention of this Policy, notwithstanding that it existed prior to the passage hereon.
f. When a person has been convicted of an offence under this Policy, the Ontario Superior Court of Justice or any court of competent jurisdiction, may, in addition to any penalty imposed on the person convicted, issue an Order prohibiting the
continuation or repetition of the offence or the doing of any act or thing by the person convicted or make any other such order as permitted by law.
a. Headings are for reference purposes and shall not affect in any way the meaning or interpretation of the provisions of this Policy.
b. In this Policy, a word interpreted in the singular number has a corresponding meaning when used in the plural.
17. Appendix A: Prohibited Waste
No person shall directly or indirectly discharge or deposit or cause or permit the discharge or deposit of matter of any type including but not limited to Sewage and Wastewater into a Sanitary Sewer, municipal or private sewer Connection to any
Sewage Works where:
(c) Damage to the Sewage Works including but not limited to any pumping stations, waste water treatment plant, or private property;
(c) The release of an offensive odour from Sewage Works; and without limiting the generality of the foregoing, sewage containing hydrogen sulphide, carbon disulphide, other reduced sulphur compounds, amines or ammonia in such quantity as may cause an offensive odour;
(c) An obstruction or restriction which blocks or otherwise impacts the flow in
the Sewage Works;
(c) Interference with the operation or maintenance of a sewage works, or which may impair or interfere with any sewage treatment process;
(c) a hazard to any person, animal, property, or vegetation;
(c) An offence under the Ontario Water Resources Act or the Environmental Protection Act, as amended, or any regulation made thereunder from time to time;
(c) A health and/ or safety hazard to any authorized person who inspects,
operates, maintains, repairs, or otherwise works on a Sewage Works;
(c) The presence of toxic gases, vapours, or fumes within the Sewage Works that in a quantity sufficient to present danger to human health or the environment.
(3) The matter has any one or more of the following characteristics:
(c) Two or more separate liquid layers;
(c) A pH less than 5.5 or greater than 10; or
(c) A temperature greater than sixty (60) degrees Celsius
(3) The matter contains:
(m) Hazardous Substances;
(m) Combustible Liquid;
(m) Biomedical Waste, including any of the following categories: human anatomical waste, animal waste, untreated microbiological waste, waste sharps, and untreated human blood and body fluids known to contain viruses and agents listed in “Risk Group 4” as defined in “laboratory biosafe guidelines” published by Health Canada, dated 2004, as amended;
(m) Specified risk material for bovine spongiform encephalopathy as defined in the federal fertilizers regulations (C.R.C.,c.666), as amended from time to time, including material from the skull, brain, trigeminal ganglia, eyes, tonsils, spinal cord, and dorsal root ganglia of cattle aged 30 months or older, or material from the distal ileum of cattle of all ages;
(m) Dyes or coloring materials which may or could pass through a wastewater works and discolor the Sewage Works effluent;
(m) Fuel;
(m) Ignitable Waste;
(m) Pathological Waste;
(m) PCB’s;
(m) Pesticides which are not otherwise regulated in this By- law;
(m) Reactive Waste;
(m) Toxic Substances which are not otherwise regulated in this By- law;
(m) Waste Radioactive Prescribed Substances in quantities or of such size to be capable of causing obstruction to the flow in the Sewage Works, including but not limited to ashes, bones, cinders, sand, mud, soil, straw, shaving, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, animal parts or tissues, and paunch manure.
(3) The matter contains a concentration, expressed in mg/ l in excess of any one or more of the limits in Appendix “B” of this By- law.
18. Appendix B Restricted Waste
Table A:
CONVENTIONAL CONTAMINANTS and PHYSICAL PARAMETERS
| SUBSTANCE | CONCENTRATION UNIT |
|---|---|
| Biochemical Oxygen Demand | 300 |
| Chemical Oxygen Demand | 600 |
| Oil and Grease - animal and vegetable | 100 |
| Total Suspended Solids | 350 |
| pH | 5.5 - 10.0 |
| Temperature | 60 degrees Celsius |
Table B:
ORGANIC CONTAMINANTS
| SUBSTANCE | CONCENTRATION LIMIT(expresses as Mg/L unless otherwise indicated) |
|---|---|
| Benzene | 0.01 |
| Chloroform | 0.04 |
| Dichlorobenzene (1,4) | 0.08 |
| Ethylbenzene | 0.16 |
|
**Methylene chloride (dichloromethane) |
0.21 |
| PCBs (chlorobiphenyls) | 0.1 |
| **Tetrachloroethylene | 0.05 |
| Toluene | 0.27 |
| Trichloroethylene | 0.07 |
| Xylenes, total | 0.52 |
Table C:
Inorganic Contaminants
| SUBSTANCE | CONCENTRATION LIMIT |
|---|---|
| (Expressed as Mg/L unless otherwise indicated) | |
| Aluminum, Total | 50 |
| Antimony, Total | 5 |
| Arsenic, Total | 1 |
| Barium, Total | 5 |
| Bismuth | 5 |
| Cadmium, Total | 0.7 |
| Chloride | 1,500 |
| Chromium, Total | 5 |
| Cobalt, Total | 5 |
| Copper, Total | 3 |
| Cyanide, Total | 2 |
| Fluoride | 10 |
| Iron, Total | 50 |
| Lead, Total | 2 |
| Manganese, Total | 5 |
| Mercury | 0.05 |
| Molybdenum, Total | 3 |
| Nickel, Total | 3 |
| Nitrogen, Total Kjeldahl | 100 |
| Phenolics (4AAP) | 1 |
| Total Phosphorus | 10 |
| Selenium, Total | 5 |
| Silver, Total | 5 |
| Sulphates | 1500 |
| Sulphides, Total | 1 |
| Tin Total | 5 |
| Zinc Total | 3 |
Schedule F to By-law No. 2025-44
Storm water Use Policy
PURPOSE
The purpose of this Stormwater Use Policy is to establish clear guidelines for the responsible management, use, and discharge of storm water within the Township of Southwold. This policy aims to protect public health and safety, minimize environmental impacts, preserve the integrity of municipal infrastructure, and promote sustainable development. By regulating storm water practices, the Township seeks to reduce the risk of flooding, erosion, and water pollution while ensuring compliance with applicable municipal, provincial, and federal legislation. This policy provides a framework for consistent decision- making and encourages the adoption of best practices in storm water collection, reuse, treatment, and disposal.
This policy is enacted as a Schedule F to Bylaw 2025-44 and shall be read in conjunction with the schedules and provisions of the parent bylaw. This policy is subject to periodic review and adjustment by the Township to infrastructure needs, and regulatory requirements.
RELATED POLICIES AND BYLAWS
The following documents, Policies, and Bylaws which are subject to updating at the discretion of the Director, are to be used in conjunction with this Policy:
1. All schedules of the Integrated Water Management By-Law
2. Design Guidelines Manual
3. Elgin County Standard Contract Documents – Supplemental Specifications
4. Site Plan Control By-Law
5. Local Servicing Policy
1. DEFINITIONS
2. GENERAL TERMS AND CONDITIONS
3. PRIVATE DRAIN CONNECTION
4. PROHIBITIONS - DISCHARGES - STORMWORKS
1. DEFINITIONS
"Additional Dwelling Unit (ADU)” – is defined as a dwelling unit contained within or attached to the primary dwelling unit and/ or a secondary single detached dwelling unit on the same lot as the primary dwelling unit, which is accessory to the primary dwelling unit.
"Biochemical Oxygen Demand" or "B.O.D" – means the biochemical oxygen demand as determined using Standard Methods, expressed in milligrams per litre.
"Building sewer" – means the outlet pipe for a private drainage or plumbing system which conducts effluent to a private drain connection.
"Chief Building Official" – means the person appointed by Council pursuant to the Building Code Act or any employee of the Township who acts at the direction of the Chief Building Official in the enforcement of this by-law.
"Clean out" – means a device that has a removable cap and is incorporated into a drainpipe to permit the insertion of steel sewer rod pipe cleaning apparatus.
"Composite sample" – means a sample which is composed of a series of grab samples taken at intervals during the sampling period.
"Concentration" – means the content of any element or compound relative to the total volume in which it is contained.
"Connection Fee” – A one- time charge imposed on a property owner for connecting to the municipal water, sanitary, or storm water system.
"Council” – Refers to the elected Council of the Township of Southwold.
"Development" – means the construction, erection or planning of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot.
"Director" – means the Director of Infrastructure and Development Services for the Township of Southwold, and any employee of the Township who acts at the direction of the Director, in the enforcement of this by-law.
"Discharge" – includes the acts of failing to prevent escape, emitting, and releasing.
"Dry well" – means a system to accommodate the dispersal of storm water into the soil, which has been designed and constructed under the supervision of a professional engineer.
"Duplex dwelling” – means the whole of a dwelling other than a converted dwelling that is divided horizontally into two separate dwelling units, each of which has an independent entrance either directly from the outside or through a common vestibule.
"Grab sample" – is a portion of the flow being sampled, taken at one particular time and place.
"Municipal Drinking Water System” – The municipal infrastructure used for the supply, treatment, and distribution of potable water within the Township.
"Municipal Utility” – means a system that provides essential services, specifically drinking water systems, sewage works, and storm water systems.
"Non- Compliance Penalty” – A financial penalty imposed for violations of municipal water, sewage, or storm water regulations.
"Officer" – means a By- law Enforcement Officer, Building Inspector or Chief Building Official as appointed by the Council of the Municipality.
"Owner" – means the holder(s) of legal title to a property.
"Person" – includes an individual, association, partnership, corporation, municipality, provincial or federal agency, or an agent or employee thereof.
"pH" – means the logarithm of the reciprocal of the weight of hydrogen ions in grams per litre of solution.
"Phenolic compounds" – means any hydroxyl derivative of benzene, or its condensed nuclei.
"Private Drain” – works on private property intended to collect, convey and discharge storm water or groundwater.
"Private swimming pool" – means a swimming pool, saltwater swimming pool or hot tub.
"Sanitary private drain connection" or "Sanitary PDC" – means that portion of the sewage works which connects a private property to the Southwold Sewer Works.
"Sewage" – means any liquid waste containing animal, vegetable, chemical or mineral matter in solution or suspension, but does not include Storm water or uncontaminated water;
"Sewage Works” - means any works for the collection, transmission, treatment, and disposal of sewage, storm water, or uncontaminated water, including a combined sewer, sanitary sewer, storm sewer, municipal or private sewer connection to any sanitary sewer or combined sewer, or any part of such works, but does not include plumbing or other works to which the applicable Building Code applies.
"Sanitary sewer" – means a sewer for the collection and transmission of domestic or industrial sewage or any combination thereof;
"Semi- detached dwelling" – means one of two dwelling units attached vertically by an above and below grade common wall, each of which has an independent entrance directly from the outside or through a common vestibule.
"Sewer Surcharge" – An additional charge applied to users whose sewage discharge exceeds standard treatment thresholds, typically for industrial or commercial customers.
"Single-detached dwelling (SDD)” – means a separate dwelling containing one dwelling unit.
"Southwold Sewer Works” means the Sewage Works located in the geographical boundaries of the Township of Southwold including Shedden, Fingal, Talbotville, Ferndale and Lynhurst
"Standard methods" – means the use of validated test methods and procedures that are based on recognized international, national, or regional standard methods by reputable technical organizations or by equipment manufacturers. The latest edition of a test method will be used by the Township or by any agent testing on behalf of the Township at the time of
testing.
"Storm private drain connection" or "Storm PDC" – means that portion of the storm water system which connects a building sewer to a storm sewer.
"Storm sewer" – means a sewer, open channel, ditch or depression the purpose of which is to carry storm water.
"Storm water" – means surface and rain water, other natural precipitation, melted snow and ice, drainage including swimming pool drain water, uncontaminated water, and groundwater.
"Storm water System” – means infrastructure designed to collect, convey, manage, treat and dispose of rainwater and surface water runoff, including drains, ditches, culverts, storm sewers, and retention or treatment ponds.
"Storm water retention system" – means a system, which has been designed and constructed under the supervision of a professional engineer, to control the rate at which storm water is emptied into the storm water system.
"Suspended solids" – means undissolved or insoluble total suspended matter which is borne by a liquid or contained in waste.
"Township” – Refers to the Corporation of the Township of Southwold.
"User” – Any individual, property owner, business, or entity that is connected to or uses the Township’s water, sewer works, or storm water systems.
"Wastewater” means the composite of water and water- carried wastes from residential, commercial, industrial, or institutional premises or any other source;
"Wastewater Treatment Facility” means any structure or thing used for the physical, chemical, biological, or radiological treatment of wastewater, and includes sludge treatment and wastewater sludge storage and disposal facilities.
2. GENERAL TERMS AND CONDITIONS
2.1 Administration of By-law
This by- law shall be administered by an Officer, the Chief Building Official and/ or the Director.
2.2 Decision to be final
All decisions made by the Director and/ or the Chief Building Official with respect to any requirements set out in this by- law shall be final and binding.
2.3 Entry onto private property
For the administration of this by-law, an officer, the Director and/ or the Chief Building Official may, upon production of identification, enter onto any land or premises to observe, inspect and to collect any samples as required.
2.4 Entry into dwelling
Except under the authority of a search warrant issued under section 158 of the Provincial Offences Act, RSO 1990 c P.33 as amended or replaced for the purposes of enforcing this by-law, no person shall enter any place or room actually used as a
dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused and entry made only under the authority of a search warrant.
2.5 Application and connection charges payment prior to installation
The owner or their agent shall apply to the Township for service and before the service is installed, shall pay the applicable charges as detailed in Schedule B and C of the Integrated Water Management Bylaw.
3.1 Owner responsibilities
An owner is responsible for the condition and maintenance of each storm water private drain connection up to the storm sewer, serving property under their ownership.
3.2 Work Completed
All work upon a storm water PDC serving a single detached, semi- detached or duplex dwelling shall be done exclusively by the Director at the request and expense of the owner, other than:
a. plunging and rodding; and
b. the installation of new drains not installed in conjunction with main storm sewer installation
3.3 Plunging or Rodding
No plunging or rodding shall be carried out upon a storm water PDC except by:
c. a qualified drainage contractor, drain layer or plumber;
d. the owner of a dwelling, or
e. forces under the direction of the Director.
3.4 Connection requirements
No person shall join or permit to be joined, private drain(s) to a storm water private drain connection:
f. until a Plumbing Permit has been obtained from the Chief Building Official;
g. until an inspection by Municipal employees has been carried out to confirm all work performed is in conformity to all applicable statutes, by- laws and regulations, and;
h. until all payments required by this by- law have been paid.
3.5 Permitted Connections to a Storm water Private Drain Connection
a. Storm sump discharge, with an air gapped connection constructed in accordance with the Township’s Design Guidelines Standard Drawing S-03 Storm Sump Discharge Detail”.
b. Private drain works for the collection and conveyance of storm water runoff from yards and landscaping, i.e. rear yard catch basin.
3.6 Prohibited Connections to a Storm Private Drain Connection
Without limitation whatsoever, no person shall connect, cause to be connected or permit a connection of the following to a storm water private drain connection:
a. Roof leaders, downspouts, roof gutters or and system that would directly convey and discharge roof water to the storm water private drain connection.
b. Any building sewer or drains that convey and discharge sanitary sewage.
c. Private Swimming Pool Drains
d. Private Pond Drains
e. Hot Tub Drain
f. Garage or floor drains
4. PROHIBITIONS - DISCHARGES - STORM WORKS
4.1 Storm water - discharge - into storm sewer
Unless permitted to do otherwise under this by-law, no person shall fail to discharge storm water into a storm sewer where a storm sewer is available.
4.2 Discharge - Waste into storm sewer - prohibited
No person shall discharge sewage, deleterious substances, or liquid other than storm water into a storm sewer.
4.3 Prohibited discharges - alteration to prevent
No person shall refuse to alter, relay or repair any plumbing or drain system upon their lands to ensure that:
a. storm water from their property is not discharged into a sanitary sewer, and;
b. sanitary sewage is not discharged into the storm water system.
4.4 Sample - composite - grab - single - sufficient
Where a sample is required for the purpose of determining the characteristics or contents of the storm water to which reference is made in this by-law:
a. one sample alone is sufficient and, without limiting the generality of the foregoing, the sample may be a grab sample or a composite sample ( at the sole discretion of the director), may contain additives for its preservation and may be collected manually or by using an automatic sampling device;
b. except as otherwise specifically provided in this by- law, all analytical tests, measurements, analyses and examinations of sewage, uncontaminated water and storm water, shall be carried out in accordance with standard methods;
c. for each one of the metals whose concentration is limited under the regulations contained in this by-law, the analysis shall be for the quantity of total metal, which includes all metal both dissolved and particulate.
4.5 Temperature - greater than 55 degrees Celsius
No person shall discharge or deposit or cause or permit to be discharged or deposited, into the storm water system any liquid which is at a temperature in excess of fifty-five (55) degrees Celsius.
4.6 Fat - oil - grease - origin - animal - vegetable
No person shall discharge or deposit or cause or permit to be discharged or deposited, into the storm water system, storm water which contains more than 15 milligrams per litre of fat, oil, grease, or other matter of animal or vegetable origin.
4.7 Fat - oil - grease - origin - non- animal - non- vegetable
No person shall discharge or deposit or cause or permit to be discharged or deposited, into the storm water system, storm water which contains more than 15 milligrams per litre of fat, oil, grease, or other matter of other than animal or vegetable origin.
4.8 pH - range - 6.0 to 9.5
No person shall discharge or deposit or cause or permit to be discharged or deposited, into the storm water system, storm water which has a pH lower than 6.0 or greater than 9.5.
4.9 B.O.D. - 5-day count - exceeding 15 mg/ I
No person shall discharge or deposit or cause or permit to be discharged or deposited, into the storm water system, storm water which contains matter which raises the 5 day B.O.D. to greater than 15 milligrams per litre.
4.10 Suspended solids - concentrations - exceeding 15 mg/ I
No person shall discharge or deposit or cause or permit to be discharged or deposited, into the storm water system, storm water which contains suspended solids at a concentration in excess of 15 milligrams per litre.
4.11 Concentrations - maximum
No person shall discharge or deposit or cause or permit to be discharged or deposited, into the storm water system, storm water which contains a concentration of:
a. aluminum, expressed as Al, in excess of 1.0 milligrams per litre;
b. arsenic, expressed as As, in excess of 0.2 milligrams per litre;
c. barium, expressed as Ba, in excess of 0.1 milligrams per litre;
d. beryllium, expressed as Be, in excess of 1.0 milligrams per litre;
e. cadmium, expressed as Cd, in excess of 0.008 milligrams per litre;
f. chlorides, expressed as Cl, in excess of 1,500 milligrams per litre;
g. chlorine, expressed as Cl2, in excess of 1.0 milligrams per litre;
h. chromium, expressed as Cr, in excess of 0.2 milligrams per litre;
i. copper, expressed as Cu, in excess of 0.04 milligrams per litre;
j. cyanide, expressed asCN, in excess of 0.1 milligrams per litre;
k. fluoride, expressed as F, in excess of 2.0 milligrams per litre;
l. iron, expressed as Fe, in excess of 1.0 milligrams per litre;
m. lead, expressed as Pb, in excess of 0.12 milligrams per litre;
n. manganese, expressed as Mn, in excess of 1.0milligrams per litre;
o. mercury, expressed as Hg, in excess of 0.001 milligrams per litre;
p. nickel, expressed as Ni, in excess of 0.08 milligrams per litre;
q. phenolic compounds in excess of 0.02 milligrams per litre;
r. phosphorus, expressed as P, in excess of 0.4 milligrams per litre;
s. selenium, expressed as Se, in excess of 0.2 milligrams per litre;
t. silver, expressed as Ag, in excess of 0.12 milligrams per litre;
u. sulphates, expressed asSO4, in excess of 1,500 milligrams per litre;
v. tin, expressed as Sn, in excess of 1.0 milligrams per litre;
w. zinc, expressed as Zn, in excess of 0.05 milligrams per litre.
4.12 Chemicals - pesticides - herbicide - other - prohibited
No person shall discharge or deposit or cause or permit to be discharged or deposited, matter of a kind listed below into a storm sewer:
a. pesticide;
b. herbicide;
c. fuel oil;
d. gasoline;
e. benzene;
f. Naphtha;
g. acetone;
h. ammonia;
i. carbon disulphide;
j. chlorine;
k. bromine;
l. trichloroethylene or perchloroethylene;
m. sulphur dioxide;
n. pyridine
o. formaldehyde.
4.13 Toxic corrosive - radioactive - flammable - prohibited
No person shall discharge or deposit or cause or permit to be discharged or deposited, into the storm water system, matter which has toxic, corrosive, radioactive, flammable or noxious properties.
4.14 Sulphur - matter causing offensive odour - prohibited
No person shall discharge or deposit or cause or permit to be discharged or deposited, into the storm water system, matter that may cause an offensive odour to emanate from the storm water system, and without limiting the generality of the foregoing, the discharge of any concentration of hydrogen sulphide, carbon disulphide, reduced sulphur compounds, amines or ammonia.
4.15 Solids - larger than 6.7 square mm - prohibited
No person shall discharge or deposit or cause or permit to be discharged or deposited, into the storm water system, any matter which will not pass through a screen having openings not larger than 6.7 square millimetres.
4.16 Coloured matter - concentration - dilution factor
No person shall discharge or deposit or cause or permit to be discharged or deposited, into storm water system, containing coloured matter.
5. COMMERCIAL INSTITUTIONS AND INDUSTRIAL PREMISES
5.1 Oil - Sand - dirt - interceptors - screening devices
The Director may require the owner or occupant of commercial, institutional or industrial premises with one or more connections to the storm water system to install and maintain in good repair in each connection a suitable device to prevent the entry of sand, dirt, oils and other deleterious materials into the storm water system.
5.2 Screening device - installed - maintained - as required
No person shall fail to install or maintain a suitable device to prevent the entry of sand, dirt, oils and other deleterious materials upon being required to do so by the Director.
5.3 Maintenance hole - alternative - installed - maintained
The Director may require the owner or occupant of commercial, institutional or industrial premises with one or more connections to the storm water system to install and maintain in good repair in each connection a suitable
maintenance hole having a diameter of not less than 1.2 metres to allow observation, sampling and measurement of the flow therein, provided that where installation of a maintenance hole is not possible, an alternative device or facility may be substituted with the approval of the Director.
5.4 Maintenance hole - other - design - construction - maintenance
Every maintenance hole, device or facility installed as required by this policy shall be designed and constructed in accordance with the Township’s Design Guidelines and Standard Contract Documents to the satisfaction of the Director and shall be constructed and maintained on the land of the owner or occupant of the premises, at the owner's or occupant's expense.
5.5 Maintenance hole - failure to install - maintain - prohibited
No person shall fail to install or maintain in good repair a maintenance hole, device or facility that meets the standards of this by- law upon being required to do so by the Director.
5.6 Maintenance hole - accessible - at all times
No person required to install a maintenance hole, device or facility shall fail to ensure such maintenance hole, device or facility is always accessible for the purposes of observing, sampling and measuring the flow of therein.
5.7 Monitoring devices - reports - required - by Director
The owner or occupant of commercial, institutional or industrial premises shall, at the discretion of the Director, install devices to monitor discharges to the satisfaction of the Director, and if required to do such installation, shall submit
regular reports regarding such discharges to the Director.
5.8 Monitoring devices - reports - failure to provide
No person shall fail to install a device to monitor discharges or fail to submit regular reports regarding such discharges when required to do so by the Director.
5.9 Default of duty - expense - recovery - by Municipality
Where the owner or occupant of commercial, institutional or industrial premises does not install or maintain each maintenance hole device or facility required under this by-law, such installation or maintenance may be done at the direction
of the Director at the expense of the owner or occupant. The cost of installation or maintenance undertaken by the Township as described in this policy shall be due and payable in advance of the commencement of the work as a fee or charge under Part XII of the Municipal Act, 2001, as amended. At the property owner's option, the fee may be added to the property owner's tax roll with the addition of an appropriate financing charge as determined by the Treasurer, under the authority of the Municipal Act, 2001, as amended.
6. CONSTRUCTION - CONTROL OF WATER FROM DEWATERING OPERATIONS
6.1 Dewatering of Construction Sites
All construction sites within the Township must comply with the Construction Specifications for Control of Water from Dewatering Operations, OPSS.MUNI 517 November 2021 as amended or replaced.
7. PRIVATE SWIMMING POOL WATER
7.1 Private Swimming Pool Water Discharges - Prohibition
No person shall discharge or permit the discharge of the contents from a private residential swimming pool:
c. into the sanitary system, unless authorized by the Director;
d. in a manner that may cause or causes the contents to flow onto an adjoining property; or
e. over a valley, ravine wall or slope in a manner that may cause or causes the erosion or instability of the valley or ravine wall or slope.
Unless otherwise prohibited, including by this policy, a person is permitted to discharge storm water from a private swimming pool either;
a. by way of a private temporary connection to the storm sewer ; or
b. by way of a controlled discharge to the owner's property such that the discharge is at all times contained within the owner's property until it, reaches the storm system by way of overland flow through intended drainage features, evaporates or infiltrates into the ground.
7.2 Storm water Discharges
Storm water shall not be discharged to or near a ravine slope or valley in a manner that may cause or causes the erosion or instability of the ravine wall or slope or causes injury, damage or destruction of property, trees or vegetation.
8.1 Undertaking development
Every person shall provide for the discharge of storm water into the storm water system for all development.
8.2 Alternative methods of storm water management
Where in the opinion of the Director:
a. no storm sewer is accessible, or
b. no accessible storm sewer has the capacity to accept additional flow, The person undertaking development shall provide a dry well or storm water retention system which is certified by a professional engineer to the satisfaction of the Director.
8.3 Development requiring site plan approval
For all new Site Plan approvals:
c. existing connections of foundation drains shall be removed from the sanitary sewers; and
d. no new connections of foundation drains shall be allowed to the sanitary sewer.
8.4 Gravity connections
No gravity connections of foundation drains will be allowed to the storm sewer.
8.5 New plans of subdivision
No person shall create a lot that does not have a storm sewer adjacent to it and, in subdivisions where the subdivision agreement has been approved by Council, no person shall create a lot that does not have a storm private drain connection, except where a geotechnical engineer certifies that foundation drains are not required.
8.6 Discharge of foundation drain flows
Every person shall discharge all foundation drain flows from a lot in accordance with the regulations of this by-law.
8.7 Requirements for foundation drain flows
The foundation drain flows from a lot shall be discharged in the following manner:
e. via a sump pump to the ground surface within private property, 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
f. via a sump pump to a storm sewer, constructed in accordance with the Township’s Design Guidelines Standard Drawing S- 03 “ Storm Sump Discharge Detail”.
8.8 Roof water downspouts
No person shall direct or connect a roof water downspout to the storm private drain connection.
8.9 Roof water downspouts - no discharge to side yard - damage adjoining
property
No person shall direct a roof water downspout towards a side yard in such a manner so as to cause damage or any other adverse effect to adjoining property.
8.10 Roof water downspouts - no connection to foundation drains
No person shall connect a roof water downspout to the foundation drains.
8.11 Roof water downspouts - discharge distance from exterior walls
Every person shall extend all roof water downspout so that the water flow exits the downspout a minimum distant of 0.7 metres from the exterior walls of a building.
8.12 Lot grading security
Except for single and semi- detached dwellings in an unassumed subdivision, security shall be provided prior to the issuance of a building permit in the amount provided in the current fee by- law to ensure that the lot grading and sump pump discharges are carried out in accordance with the certified lot
grading plans; and the security may be released within one year after receipt of the final lot grading certificate, provided there is no adverse impact on a public road allowance, or neighbouring private properties as determined to the satisfaction of the Director.
8.13 Roof over walkouts
No person shall connect a floor drain from a below grade walkout to a sanitary sewer.
8.14 Storm private drain connections
For every residential lot, or infill development which comes forward where a storm sewer exists or where in the opinion of the Director it can be extended, every person shall provide a storm private drain connection to serve the lot, and sump pump discharges from the lot shall be connected to the storm
building sewer, which shall be connected to the storm private drain connection, except as approved otherwise by the Director.
9. DEMOLITION
9.1 Private drain connection to be sealed
No person shall demolish any building until each storm private drain connection serving the property has been completely sealed at the property line from the entry of storm water.
10.1 Payments for services provided shall be charged and collected in accordance
with Schedule “A” and “B” of this by-law.
10.2 Separation of mutual storm or sanitary private drain
Where a mutual sanitary or storm private drain connection serves two facilities where at least one facility is a single detached, semi- detached, or duplex dwelling and separation of the mutual private drain is desired, the works shall be completed by the Township at the owner's cost for single detached, semidetached, or duplex dwellings for each new service installed. Alternatively, the property owner may choose to complete the work themselves, provided they submit a plan completed by a Professional Engineer to be reviewed and approved by the Township. The owner must also hire a Township- approved contractor, the connection, subsurface works and ancillary work shall be subject
to review and approval by the Township.
10.3 Work undertaken by Municipality limited
a. The Director shall not undertake:
i. the repair or replacement of a private drain connection serving a property that is not single detached, semi- detached or duplex dwelling; or
ii. the installation of new private drain connection for any property. The responsibility and costs for such works in this subsection shall be borne by the property owner. Works by the property owner shall be
completed in accordance with an approved engineering plan(s) by an approved contractor.
b. Notwithstanding other provisions of this policy, the Director may undertake the following for any property, for an applicable fee:
i. the installation of a new private drain connection, or the repair or replacement of a private drain connection, where the work is done in conjunction with a main sewer construction project or applicable
Municipal construction project under authority of the Municipal Act, 2001, as amended.
11. ENFORCEMENT
11.1 Enforcement of this By- law shall be completed in accordance with Schedule H.
Schedule G to By-law No. 2025-44
Sewage Allocation Policy
PURPOSE
Sewage allocation is an important, necessary, component of the development process in that it allows the Township to control and authorize connections to its sanitary collection systems, which convey sewage to its wastewater treatment facilities. The raw sewage input into wastewater treatment facilities is heavily regulated by the Ministry of the Environment, Conservation and Parks. The discharge from wastewater treatment facilities is returned to the environment, minimizing our footprint on nature, and ensuring sustainability.
As the Township’s ability to treat wastewater is finite and valuable, it is important that the Township Council and staff have an equitable, fair and transparent process to award sewage allocations, giving appropriate consideration to many important factors. It is also important that the allocation of wastewater aligns with strategic infrastructure planning to minimize overall costs and spread the financial burden of wastewater infrastructure construction over multiple budget years.
RELATED POLICIES AND BYLAWS
The following documents, Policies, and Bylaws which are subject to updating at the discretion of the Director, are to be used in conjunction with this Policy:
1. All schedules of the Integrated Water Management By-Law
2. Design Guidelines Manual
3. Elgin County Standard Contract Documents – Supplemental Specifications
4. Site Plan Control By-Law
5. Local Servicing Policy
CONTENTS
1. DEFINTIONS
2. SCOPE
3. GENERAL PROCEDURE
4. PRIORITY CONSIDERATIONS
5. INITIATION OF SERVICES 2024- 2030 – FINGAL AND SHEDDEN
6. EXTENSION OF SERVICES 2024-2040 – TALBOTVILLE
7. Revision History
8. Related Policies Appendix ‘C’
"Infill lot” - means a development or building including an additional dwelling unit (ADU) as defined in Township’s Zoning By- law 2011- 14, which will connect to existing municipal road, water, storm and sanitary infrastructure therefore making better use of this infrastructure. Furthermore an “infill lot” can be an existing lot or lot created by severance or part lot control exemption by-law.
"Sewage allocation” - means sanitary sewer allotment for the purpose of this policy, typically specified as a “per unit” allotment.
2.1. Requirement for Allocation
Any development which meets all the following criteria shall require the allocation of sewage units pursuant to this policy:
a. The development is proposed to be located within the serviced areas of the Township, as defined by the County Official Plan;
b. The development is required or proposed to be serviced by means of connection to the Township’s sanitary collection system;
c. The development requires approval(s) under the Planning Act or Condominium Act other than a minor variance and/ or removal of a Holding provision; and
d. If the development consists of infill lots and the development requires more than five sanitary sewer allotments of capacity, as determined by the Township at their sole discretion.
3.1. Calculating available Capacity
Annual calculations will be undertaken by the Township in accordance with the Ministry of Environment Procedure: D-5-1: Calculating and Reporting Uncommitted Reserve Capacity at Sewage and Water Treatment Plants to determine the amount of sewage capacity available for a given wastewater treatment facility and will be reported to Township Council. This calculation will determine if there remains any uncommitted sewage allocation for each wastewater treatment facility. Township Council reserves the right to retain any sewage allocations it deems necessary.
3.2. Requirements for consideration
Requests for sewage allocation units will only be considered by Council once the development has achieved all other required planning approvals (ex. Draft Plan, Site Plan, Subdivision Agreement etc.).
3.3. Request for allocation
A proponent shall file a request, in writing, with the Township Director of Infrastructure and Development, for consideration by Council as set-out in the application attached Schedule A. The guideline is that applications should be submitted approximately one year prior to construction.
3.4. Evaluation
Each request will be evaluated by staff against the criteria outlined in this policy, the
details of which will be presented to Council in the form of a staff report.
3.5. Consideration
Council will consider all requests received in a given year, at a meeting of Council evaluating each project’s merit in light of the sewage allocation available.
3.6. Infill Allocation
Council will grant up to 15% of the uncommitted sewage allocations per year and the Building Department will be granted 5 units of the uncommitted sewage allocations, per year for infill lots in the Shedden and Fingal Settlement Areas. Depending on infill lot activity, the Building Department could request additional allocations from Council by staff report.
3.7. Requirement for Agreement
Following Council’s approval, the proponent( s) must execute a sewage allocation agreement with the Township within four months of Council’s resolution date.
3.8. Provisional Allocation
Following the execution of the sewage allocation agreement the project or project phase will be deemed to have received a “provisional” sewage allocation.
3.9. Failure to Comply
Subject to the terms of the sewage allocation agreement, sewage units of proponents who do not meet the terms of the agreement will be returned to the general pool of available uncommitted sewage allocations.
3.10. Sewage Allocation Agreement
Each sewage allocation agreement shall be drafted on a case by case basis to the satisfaction of the staff and Council. Subject to any special considerations, a sewage allocation agreement shall deal with the following matters, at a minimum:
a. The number of sewage allocations provisionally allocated to the proposed development. This number shall be calculated at 100% of the total number of units in the approved draft plan of subdivision, draft plan of condominium or site plan;
b. The period of time for which capacity has been provisionally allocated;
c. Provisions for the expiry of provisional allocation of capacity;
d. Provisions for the extension of provisional capacity allocation;
e. Any payments or works required by the Township in respect of the provisional allocation of capacity. The agreement will require payment at the rate set by By-Law for all units, within the approved planning application at the time of plan registration; and
f. Any other matters, conditions or limitations that staff, Council or the Township’s professional advisors deem necessary.
3.11. Transfer of Capacity
Subject to the provisions of any sewage allocation agreement, the transfer of capacity shall not be permitted without the written consent of the Township. This restriction shall apply equally to capacity that has been provisionally allocated as to capacity that has been allocated finally.
3.12. Allocation – Industrial, Commercial or Institutional
Land zoned Industrial, Commercial or Institutional (ICI) do not require sewage allocations in order to obtain a building permit unless the development is considered "wet” by the Township. In cases where “wet” ICI development is proposed the proponent’s Engineer must provide an analysis of expected sewage flows to the satisfaction of the Township for the purpose of assessing the amount of needed
sewage allocation. Furthermore, “wet” ICI development will only be permitted if the appropriate amount of sewage allocation is available for commitment.
4. PRIORITY CONSIDERATIONS
4.1. Evaluation
Staff will use the following to evaluate each application towards providing a score for Council’s consideration. That said, final allocation remains at Township Council’s sole discretion.
| Consideration | Available Points |
|---|---|
|
Built Within the Settlement Boundary No Yes |
0 2 |
|
Ministry of Environmental Approvals (Environmental |
0 5 |
|
Capital Contribution of at least 50% |
0 5 |
|
Existing Sanitary Infrastructure |
10 5 3 |
|
Purpose Built Rental Housing Included |
0 5 |
|
Percentage of Units that meet Elgin County Official |
0 3 5 |
|
Unit Density - Project Meets Official Plan Density |
0 3 5 |
|
Consistent with Municipal Servicing Standards and |
0 2 |
|
Construction Starts in Next 18- Months |
0 5 10 |
|
Developer Has Received Other Municipal Approvals |
0 3 5 |
5. INITIATION OF SERVICES 2024-2030 – FINGAL AND SHEDDEN
5.1. Rational for Phasing – Shedden and Fingal
The initiation of sanitary services in Shedden and Fingal means that there will be a
transition period as the municipality completes the construction of its new
wastewater treatment plant and the related conveyance system. Given staff
capacity, engineering and regulatory requirements, compatible road reconstruction
timing, and the significant capital investment, a phasing program for conveyance
system installation is required to ensure orderly and sustainable development.
5.2. Phasing Schedule – Shedden and Fingal
The proposed timing for the construction of each of the elements of the sanitary
system is proposed as follows:
| Description | Proposed Construction Timeline |
|---|---|
|
Construction of the Municipal Wastewater Treatment Plant South of Shedden @ 150 units |
2027 |
|
Construction of Sanitary Sewer from WWTP to Union Road and Talbot Line Intersection and commencement of interim sanitary services (hauling/ rental plant). |
August 2025 |
|
Pumping Station in Fingal (8062 Union Road) & Forcemain on Union Road to Shedden |
Spring/ Summer 2026* Aligns with Elgin County rebuild of Fingal Line and Union Road in Fingal. Developer has indicated |
|
Construction of Sanitary Sewer in Fingal on Union Road & Fingal Line to Fingal Settlement Area Boundaries |
Spring/ Summer 2026* Aligns with Elgin County rebuild of Fingal Line and Union Road in Fingal |
|
Construction of Forcemain and Pumping station from North Shedden |
Following Full Build Out of South Shedden Sites – Estimated Approximately in 2040. Developer has indicated desire to expedite construction of infrastructure which would be at their expense. |
| Construction of Sanitary Sewer in Shedden through Spicer Street to Service Collard Lands |
Following Full Build Out of South Shedden Sites – Estimated Approximately in 2030. If a developer has a desire to expedite |
|
Construction of Sanitary in Sewer in Shedden across Talbot Line to Service Orchard Lands |
Following Full Build Out of Shedden Sites South |
|
Connections for Existing Residential Lots in Shedden and Fingal |
At the time that their streets are reconstructed. |
6. EXTENSION OF SERVICES 2024- 2040 – TALBOTVILLE
6.1. Rational for Phasing - Talbotville
With competing priorities within the Talbotville Settlement Area, primarily between industrial and residential development potential, and accounting for engineering and regulatory requirements, compatible road reconstruction timing, and the significant capital investment, a phasing program for conveyance system installation is required to ensure orderly and sustainable development. Construction and associated timelines are dependent on adequate funding, and development interest.
6.2. Phasing Schedule - Talbotville
The proposed timing for the construction of each of the elements of the sanitary system is proposed as follows:
| Description of Works | Proposed Construction Timeline |
|---|---|
| Expansion of Municipal WWTP in Talbotville | 2027 |
|
Construction of Forcemain and Pumping Station to Ferndale |
2027 |
| Trunk Sewer Extension to Sunset Road and Talbot Line |
2027- 2030 - If a developer has a desire to expedite construction of infrastructure, it would be at their expense. |
|
Trunk Sewer Extension to Industrial Lands, east of Sunset Road and north of Talbot Line |
2027- 2030 - If a developer has a desire to |
| Trunk Sewer to West Talbotville on Talbot Line | 2030-2040 - If a developer has a desire to
expedite construction of infrastructure, it would be at their expense. |
Attached as Appendix ‘A’ to this policy is the Phasing Plan for Shedden and Fingal.
Attached as Appendix ‘B’ to this policy is the Phasing Plan for Talbotville.
Attached as Appendix ‘C’ to this policy is the Sewage Allocation Application Form.
| Version | Effective Date | Revision Notes |
|---|---|---|
| 01 | 25-03-2024 | Original Policy |
| 02 | 13-04-2024 | Amended language, and Schedule B |
Application for Sewage Allocation
Schedule H to By-law No. 2025-44
Set Fine Schedule
PURPOSE
The purpose of this Set Fine Schedule is to establish fair, transparent, and sustainable rates and fees for the connection to and use of municipal water, wastewater, and stormwater systems within the Township of Southwold. This policy ensures that the costs associated with the operation, maintenance, and expansion of these essential services are equitably distributed among users while promoting responsible water use and environmental stewardship.
This policy is enacted as a Schedule to Bylaw 2025-44 and shall be read in conjunction with the schedules and provisions of the parent bylaw. Fees and rates set forth in this policy are subject to periodic review and adjustment by the Township to reflect operational costs, infrastructure needs, and regulatory requirements.
CONTENTS
1. DEFINTIONS
2. ENFORCEMENT
APPENDX A - PART 1 PROVINCIAL OFFENCES ACT SET FINES
"Municipal Utility” – means a system that provides essential services, specifically drinking water systems, sewage works, and storm water systems.
2. ENFORCEMENT
2.1. Fine - for contravention
Any person who contravenes any provision of this by- law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act and as set out in Schedule "H" Set Fines.
2.2. Fine - for contravention
Any person other than a corporation who contravenes any section of this by- law is guilty of an offence and upon conviction is liable for a fine of not more than 10,000.00 for a first offence and not more than $25,000.00 for any subsequent offence under this by-law.
2.3. Fine - for contravention - corporation
Notwithstanding any other provision of this by-law, a corporation who contravenes a section of this by- law is guilty of an offence and upon conviction is liable for a fine of not more than $50,000.00 for a first offence and not more than $100,000.00 for any subsequent offences.
2.4. Continuation - repetition - prohibited - by order
The court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted.
2.5. Disconnection - charges
Where in the opinion of the Director a person is contravening the provisions of this By-Law, the Director may, upon written notice to the property owner from which the contravention is emanating or occurring, order the municipal utility connection to any works related to the offence. No municipal utility connection so disconnected shall be reconnected until such time as measures are undertaken satisfactory to the Director to eliminate the eliminate the offense. All expenses incurred by the
Township for these actions shall be reimbursed to the Township by the discharger at the time of re-connection or unstopping of the connection(s).
2.6. Damage - Cost of Repair
Where in the opinion of the Director a person is contravening the provisions of this By-Law and has damaged municipal property, the Director may, upon written notice to the person causing the damage, order the damage to be repaired to the municipality' s satisfaction. All expenses incurred by the Township for these actions shall be reimbursed to the Township by the person causing the damage to the municipal property. For greater certainty, the costs of the municipality for these actions forms an obligation debt to the municipality pursuant to section 446 of the Municipal Act, 2001 and the municipality may enforce the debt under any power available to it including but not limited to adding the debt to the tax roll in a like manner to taxes.
BY-LAW NUMBER 2025- 44
INTEGRATED WATER MANAGEMENT BYLAW
APPENDX A - PART 1 PROVINCIAL OFFENCES ACT SET FINES
| ITEM | SHORT FORM WORDING | PROVISION CREATING DEFINING OFFENCE | SET FINE |
|---|---|---|---|
| 1 | Unauthorized connection to Waterworks | Schedule D, Section 2.6 | $500.00 |
| 2 | Fail to disconnect alternate water source |
Schedule D, Section 2.1.2 |
$500.00 |
| 3 | Improper Use of Water | Schedule D, Section 2.1.2 | $500.00 |
| 4 | Tamper with Waterworks | Schedule D, Section 2.6, 3.1 | $500.00 |
| 5 | Tamper with Water Distribution System |
Schedule D, Section 2.6, 3.1 |
$500.00 |
| 6 | Unauthorized operation of valve | $500.00 | |
| 7 | Unauthorized Increase of Water Supply | Schedule D, Section 2.6 | $500.00 |
| 8 | Unauthorized operation of hydrant | Schedule D, Section 6.1 | $500.00 |
| 9 | Unauthorized use of Water supplied for fire purposes | Schedule D, Section 10 | $500.00 |
| 10 | Fail to notify of new installation | Schedule D, Section 10 5.1.2 | $500.00 |
| 11 | Interfere with seal on valve | Schedule D, Section 5.1.2 | $500.00 |
| 12 | Unauthorized operation of Shut- off Valve | Schedule D, Section 5.1.2 | $500.00 |
| 13 | Interfere with seal on Meter | Schedule D, Section 5.1.2 | $500.00 |
| 14 | Interfere with Meter | Schedule D, Section 5.1.2 | $500.00 |
| 15 | Disconnect Meter | Schedule D, Section 5.1.2 | $500.00 |
| 16 | Alter Meter | Schedule D, Section 5.1.2 | $500.00 |
| 17 |
Connection causing substance to enter Water Distribution System |
Schedule D, Section 5.1.2, 7.1 | $500.00 |
| 18 |
Expose Water Distribution System to contamination |
Schedule D, Section 7.1 | $500.00 |
|
19 |
Foul Water | Schedule D, Section 5.1.2, 7.1 | $500.00 |
| 20 | Interfere with Device | Schedule D, Section 5.1.2 | $500.00 |
| 21 | Fail to Maintain | Schedule D, Section 7.3 | $500.00 |
| 22 | Water outside when prohibited | Schedule D, Section 4.1.2 | $250.00 |
| 23 | Obstruct free access | Schedule D, Sections 5.1.2, 8, 10.3 | $500.00 |
| 24 | Obstruct an Officer or agent | Schedule D, Sections 5.1.2, 8, 10.3 | $500.00 |
| 25 | Connected a sump pump to Sewage Works | Schedule E, Section 8 | $500.00 |
| 26 |
Permit a connection of a sump pump to Sewage Works |
Schedule E, Section 8 | $500.00 |
| 27 |
Discharge sewage other than into a sanitary sewer |
Schedule E, Section 4 | $500.00 |
| 28 | Discharge storm water into a sanitary sewer | Schedule E, Section 8 | $500.00 |
| 29 |
Discharge or deposit sanitary sewage in excess of sixty degrees Celsius |
Schedule E, Sections 4, 12 & 18 | $500.00 |
| 30 |
Discharge or deposit oil, grease, tar or other matter into sanitary sewer |
Schedule E, Sections 4, 12 & 18 | $500.00 |
| 31 |
Discharge matter which may become harmful sewage works |
Schedule E, Sections 4, 12 & 18 | $500.00 |
| 32 | Discharge material with high BOD | Schedule E, Sections 4, 12 & 18 | $500.00 |
| 33 | Discharge material with high suspended solids | Schedule E, Sections 4, 12 & 18 | $500.00 |
| 34 | Discharge sewage with contaminant | Schedule E, Sections 4, 12 & 18 | $500.00 |
| 35 | Fail to discharge storm water into a storm sewer | Schedule F Section 4.1 | $500.00 |
| 36 | Discharge sewage into a storm sewer | Schedule F Section 4.2 | $500.00 |
| 37 |
Discharge liquid with temperature in excess of fifty-five degrees Celsius into a storm sewer |
Schedule F Section 4.5 | $500.00 |
| 38 | Discharge fat oil or grease into storm sewer | Schedule F Section 4.6 & 4.7 | $500.00 |
| 39 |
Discharge matter with unacceptable pH into |
Schedule F Section 4.8 | $500.00 |
| 40 |
Discharge material with high BOD into storm sewer |
Schedule F Section 4.9 | $500.00 |
| 41 |
Discharge material with high suspended solids into storm sewer |
Schedule F Section 4.10 | $500.00 |
| 42 | Discharge storm water with contaminant | Schedule F Section 4.11 | $500.00 |
| 43 | Discharge prohibited substance | Schedule F Section 4.12 & 4.13 | $500.00 |
| 44 | Discharge matter that may cause an offensive odour | Schedule F Section 4.14 | $500.00 |
| 45 | Discharge prohibited solids | Schedule F Section 4.15 | $500.00 |
| 46 | Discharge matter containing colour into sewage works or storm system | Schedule F Section 4.16 | $500.00 |
| 47 | Fail to install or maintain screening device | Schedule F Section 5 | $500.00 |
| 48 | Fail to install or maintain manhole | Schedule F Section 5 | $500.00 |
| 49 | Discharge swimming pool water contrary to by-law | Schedule F Section 7 | $500.00 |
| 50 | Connect roof water downspout to storm sewer | Schedule F Section 8.8 | $500.00 |
| 51 |
Allow water from downspout to damage |
Schedule F Section 8.9 | $500.00 |
Contact Us