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Copyright © 2001

Wastewater & Stormwater By-law - WM-28

By-Law Number
WM-28

OFFICE CONSOLIDATION Including Amendment WM-28-19008 (November 26, 2019)

A by-law for regulation of wastewater and stormwater drainage systems in the City of London.

WHEREAS under section 11 of the Municipal Act, 2001, a municipality may pass by-laws respecting matters within the sphere of jurisdiction of Public utilities, which includes systems to provide for services relating to sewage, which is defined to include wastewater and stormwater and other drainage from land and commercial wastes and industrial wastes that are disposed of in a sewage (wastewater or stormwater) system;

AND WHEREAS section 9(1) of the Municipal Act, 2001 provides that section 11 shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate and to enhance their ability to respond to municipal issues;

AND WHEREAS section 9(2) of the Municipal Act, 2001 provides that in the event of ambiguity in whether or not a municipality has the authority to pass a by-law under section 11, the ambiguity shall be resolved so as to include, rather than exclude, municipal powers that existed on December 31, 2002;

AND WHEREAS Ontario Regulation 244/02 under the Municipal Act, 2001 imposes enhanced public notification requirements where fees or charges are imposed for the use of sewage (wastewater and stormwater) systems, and the City has held a public meeting and provided notice of the public meeting in accordance with that Regulation; THEREFORE the Municipal Council of The Corporation of the City of London enacts as follows:

SHORT TITLE

WASTEWATER AND STORMWATER BY-LAW

BY-LAW INDEX

Part 1 - DEFINITIONS

1.1 Definitions

Part 2 - APPLICATION FOR WASTEWATER AND/OR STORMWATER SERVICE

2.1 Application and payment prior to installation

2.2 Installation - payment required

2.3 Payment of Charges – Lump Sum or Deferred

2.4 Deferred Payment – Commuted Remaining Amount

Part 3 - WASTEWATER AND STORMWATER CHARGES

3.1 Other related By-laws

3.2 Rates and charges imposed

3.3 Applicable Charges

3.3.1 Wastewater Usage Charges – all Lands

3.3.2 Wastewater Usage Charges – Wastewater flows in excess of water consumption

3.3.3 Wastewater Usage Charges – Industrial flows less than Water consumption

3.3.4 Wastewater Usage Charges - Block Thresholds for Low-density Residential

3.3.5 Wastewater Usage Charges - Aggregating Accounts for Multiple Meter Customers

3.3.6 Stormwater Charges – Lands without Water or Wastewater Service

3.3.7 Stormwater Charges – Lands less than or equal to 0.40 hectares

3.3.8 Stormwater Charges – Lands greater than 0.40 hectares

3.4 Stormwater Charges - Reductions

3.4.1 Residential Lands – Reduction in Area

3.4.2 Lands greater than 0.40 hectares

3.4.3 Residential Lands with Storm Sewers greater than 90 m from the property line

3.5 Billing process and frequency

3.6 Billing period rates and charges change - proration

3.7 Late payment charge and overdue notice

3.8 Notice of disconnection

3.9 Non-payment - water shut off - lien

3.10 Non-access – water shut off

3.11 Terms of occupation

Part 4 - MONITORING PROCEDURE FOR WASTEWATER FLOWS

4.1 Quantity of Wastewater to be monitored

4.2 Monitoring setup process

4.2.1 Review of the Proposal

4.2.2 Monitoring requirements

4.2.3 Agreement to Monitor

4.2.4 Failure to maintain or report

4.2.5 Annual reporting requirements

Part 5 - ADDITIONAL TO OTHER RATES

5.1 Wastewater and Stormwater Charge imposed

5.2 No Wastewater Charge imposed

5.3 No Stormwater Charge imposed

5.4 Procedure for exemption

5.5 No Exemption from Charge

Part 6 - FRONTAGE CHARGE

6.1 Frontage Charge - authority

6.2 Frontage Charge – amount of charge

6.3 Frontage Charge – exemptions

6.4 Calculated Frontage Charge

6.5 Actual frontage

Part 7 - PREVIOUS BY-LAW REPEALED

7.1 Repeal – previous by-law - By-law WM-15

7.2 Repeal – previous by-law – By-law W.-1911-23

7.3 Repeal – previous by-law - By-law WM-26

Part 8 - EFFECTIVE DATE

8.1 Effective Date

SCHEDULE A

Part 1 DEFINITIONS

1.1 Definitions In this by-law:

“Bulk Meter” means a Water Meter which measures the usage of Water for multiple units within a building or group of buildings on Land.

“City” means The Corporation of the City of London.

“Company” means London Hydro Inc.

“Customer” means any person who receives Wastewater or Stormwater services from the City.

“Engineer” means the City Engineer for the City of London or the City Engineer’s authorized representative.

“Flow monitor” means a device to measure the volume of Wastewater discharged to a Sanitary Sewer.

“Frontage Charge” means a Charge the Owner shall pay to the City prior to the Land being connected to a fronting municipal service.

“Land” means land in the City of London and includes any estate, term, easement, right or interest in, to, over or affecting land.

“Low-density Residential” means any building that is a duplex, triplex, four-plex, five- plex and six-plex and is metered by a Bulk Meter.

“Medium-density Residential” means any building or more than one building that is a townhouse and row-house and is metered by a Bulk Meter.

“Meter” means the Water Meter supplied and owned by the City to measure the quantity of Water used by the Customer.

“Private Drain Connection or PDC” means the service pipe (PDC) which connects the building sewer to the City Sewer.

“Professional Engineer” means an Engineer licensed by the Professional Engineers of Ontario.

“Occupant” means any lessee, tenant, Owner, the agent of a lessee, tenant or Owner, or any person in possession of a premise.

“Owner” means any person or corporation that is the registered owner of the Land or any agent thereof; a person entitled to a limited estate in land; a trustee in whom land is vested; a committee of the estate of a mentally incompetent person; an executor, an administrator or a guardian.

“Residential” means a single detached residence, semi-detached, and/or individually metered townhome unit, including homes with an accessory apartment or home occupation which is not served by a separate Meter.

“Sanitary Sewer” means a Sewer which receives or is intended to receive Wastewater.

“Sewer” means a pipe or other conveyance feature that receives Wastewater or Stormwater.

“Storm Sewer” means a Sewer which receives or is intended to receive Stormwater.

“Stormwater” means surface and rain water, melted snow and ice, and uncontaminated water when discharged to the stormwater drainage system from freshwater swimming pools, underground drains, foundation drains and groundwater.

“Stormwater Charge” means the monthly charge for a Stormwater Infrastructure connection charge based on the size of the Land, all as set out in the attached Schedule “A”.

“Stormwater Infrastructure” means storm Sewers, ditches, culverts, catchbasins, treatment units, outfalls, dikes and dams and any other Stormwater conveyance feature.

“Stormwater Service” means the acceptance, collection, transmission, storage, treatment and disposal of Stormwater, or any one or more of them, as well as any related services, not limited to, Frontage Charges and Private Drain Connections.

“Water” means potable water supplied by the City.

“Wastewater” means sanitary sewage including human, commercial and industrial waste, septic waste and greywater and such other matter or substances as is specified by regulations made under clause 75(1)(j) of the Ontario Water Resources Act but does not include Stormwater.

“Wastewater Fixed Charge” means the monthly charge for a Wastewater Infrastructure connection charge based on the size of the Meter or Flow Monitor, all as set out in Section 2 of attached Schedule “A”.

“Wastewater Service” means the acceptance, collection, transmission, storage, treatment and disposal of Wastewater, or any one or more of them, as well as any related services, not limited to, Frontage Charges, Private Drain Connections, Hauled Liquid Waste Disposal and High Strength Sewage.

“Wastewater Usage Charge” means the monthly charge for Wastewater as measured by the Meter or the Flow Monitor (as the case may be) and as set out in Section 1 of attached Schedule “A”.

Part 2 APPLICATION FOR WASTEWATER AND/OR STORMWATER SERVICE

2.1 Application and payment prior to installation

The Owner shall apply to the Engineer for a connection and before the connection is installed, shall pay the charges as set out in Sections 4.1 and 4.2 of attached Schedule “A” for Private Drain Connection (PDC) and/or Frontage Charges.

2.2 Installation - payment required

The installation of the Private Drain Connection will not be scheduled or commenced until the application and payment have been made as required in Part 2.1.

2.3 Payment of Charges – Lump Sum or Deferred

The charges as required in Part 2.1 may be paid either as a lump total sum or in ten equal annual instalments including interest in accordance with the 10-year financing rate for local improvements.

2.4 Deferred Payment – Commuted Remaining Amount

The option for deferred payment is available to Owners where charges as required in Part 2.1 are applicable. The Owner may choose to pay the commuted remaining amount in accordance with Policy 15(7) and 15(8) during the deferred payment period.

Part 3 WASTEWATER AND STORMWATER CHARGES

3.1 Other related By-laws

This by-law shall be read in conjunction with the Drainage By-law, the Waste Discharge By-law and the Vital Services By-law as amended. Access and notification requirements for occupied buildings shall conform to this by-law and/or Sections 80, 81 and 437 of the Municipal Act, 2001.

3.2 Rates and charges imposed

The rates and charges imposed by this by-law are due and payable:

a) at the time of the transaction for which the charge is imposed; or

b) if subsection 3.2(a) is not applicable, upon the due date specified in any invoice issued by The Corporation of the City of London or by the Company to any Customer or Owner in connection with a charge imposed by this by-law.

3.3 Applicable Charges

Charges payable under this by-law shall be comprised of a Wastewater Fixed Charge, a Wastewater Usage Charge and a Stormwater Charge calculated in accordance with attached Schedule “A” whereby:

3.3.1 Wastewater Usage Charges – all Lands

The Wastewater Usage Charge for all Lands in the City shall be charged as indicated by the Water Meter on each respective Land at rates as indicated in Section 1 of attached Schedule “A”.

3.3.2 Wastewater Usage Charges – Wastewater flows in excess of water consumption

If the Wastewater from the Lands exceeds the quantity of Water supplied as indicated by the Meter, then the Wastewater Usage Charge shall be calculated based on the number of cubic metres of Wastewater flowing from the Land as determined by a monitoring procedure described in Part 4 at rates as indicated in Section 1 of attached Schedule “A”.

3.3.3 Wastewater Usage Charges – Industrial flows less than Water consumption

If the Wastewater from Land classified as Industrial is less than the quantity of Water supplied indicated by the Meter and the Owner can demonstrate that the Wastewater flow is less than 85% of the volume of municipal Water supplied, then, at the discretion of the Engineer, the Wastewater Usage Charge may be calculated based on the number of cubic metres of Wastewater flowing from the Land as determined by a monitoring procedure described in Part 4 at rates as indicated in Section 1 of attached Schedule “A”.

3.3.4 Wastewater Usage Charges - Block Thresholds for Low-density Residential

Low-density Residential accounts shall have the range of the blocks which are shown in Section 1 of attached Schedule “A” adjusted, with the exception of the first block, by multiplying by the number of units in the building.

3.3.5 Wastewater Usage Charges - Aggregating Accounts for Multiple Meter Customers

Customers with Industrial, Commercial and Institutional property classifications that have multiple meters on Land and/or adjacent Lands and at least one meter is 100 mm or larger, shall have the monthly usage charge calculated based on the aggregated volume of all meters/accounts at the rates noted in Section 1 of attached Schedule “A”. Monthly fixed charges as noted in Section 2 of attached Schedule “A” shall apply for each Meter.

3.3.6 Stormwater Charges – Lands without Water or Wastewater Service

Effective January 1, 2015, all Lands within the City shall pay a Stormwater Charge as indicated in Section 3 of attached Schedule “A”, whether or not they have Water or Wastewater Service, except for Land which is exempt as noted in Part 5.

3.3.7 Stormwater Charges – Lands less than or equal to 0.40 hectares

The amount payable in respect of the Stormwater Charge for Lands less than or equal to 0.40 hectares in size is the rate as indicated in Section 3 of attached Schedule “A”.

3.3.8 Stormwater Charges – Lands greater than 0.40 hectares

The amount payable in respect of the Stormwater Charges for Lands greater than 0.40 hectares in size is the rate as indicated in Section 3 of attached Schedule “A”.

3.4 Stormwater Charges - Reductions

A Customer may qualify for a reduction to the Stormwater Charge payable in the following cases:

3.4.1 Residential Lands – Reduction in Area

Notwithstanding 3.3.8, all Land which is Residential or Low-density Residential, and greater than 0.40 hectares in size shall be assessed at 50% of the area of the Land. All Land which is Medium-density Residential, and greater than 0.40 hectares in size shall be assessed at 65% of the area of the Land.

3.4.2 Lands greater than 0.40 hectares

Notwithstanding 3.3.8, Effective January 1, 2014, for all Lands other than Residential, Low-density and Medium-density Residential that are greater than 0.40 hectares in size, the Customer may apply for a reduction in the Stormwater Charge. The application shall include a storm drainage report prepared and stamped by a Professional Engineer which supports a reduction to the satisfaction of the City Engineer.

The maximum reduction which may be permitted for any application is 50%. The reduction will apply for a maximum of 5 years or until such time as site conditions no longer support the reduction.

3.4.3 Residential Lands with Storm Sewers greater than 90 m from the property line

Effective January 1, 2015, for Residential Lands less than or equal to 0.40 hectares in size where a fronting Storm Sewer is greater than or equal to ninety (90) metres from the property line and approved by the Engineer, the Customer shall pay the reduced rate for the Stormwater Charge indicated in Section 3 of attached Schedule “A”.

3.5 Billing process and frequency

The Company is appointed to collect the charges imposed under this by-law in the same manner and at the same time as Water rates and charges.

3.6 Billing period rates and charges change - proration

When Wastewater and Stormwater rates and charges change through a billing period, the charges shall be prorated for that billing period in accordance with the standard procedures of the Company.

3.7 Late payment charge and overdue notice

When an account is not paid by the due date stated on the bill, a late payment charge, as indicated by the Company, will be assessed to the account and, seven (7) days after that date, an overdue notice will be sent by mail reminding the Customer of the outstanding account.

3.8 Notice of disconnection

If the account remains unpaid for fourteen (14) days after the due date stated on the bill, the Engineer may deliver or cause to be delivered to the Lands, a notice of disconnection advising the Customer that unless payment is received within 48 hours, the Water service will be disconnected.

3.9 Non-payment - Water shut off - lien

If the Customer omits, neglects or refuses to pay any bill rendered, whether for Wastewater and Stormwater Charges, Wastewater or Stormwater Related Services or any other monies to which the City may be entitled in respect of services to such Lands, the Engineer may shut off or reduce the flow of the Water to the Land. The Engineer shall provide reasonable notice of the proposed shut off to the Customers and Occupants of the Land by personal service or prepaid mail or by posting the notice on the Land in a conspicuous place. Unpaid charges have priority lien status, and may be collected in accordance with the Municipal Act, 2001, and may be added to the tax roll against the Land.

3.10 Non-access – water shut off

If the Customer and/or Occupant of any Land neglects or refuses to allow the Engineer or Chief Building Official entry to the Land to inspect the plumbing, Building Sewer or PDC, the Engineer may shut off or reduce the flow of Water to the Land. The Engineer shall provide notice of the proposed shut off to the Customers and/or Occupants of the Land by personal service or prepaid mail or by posting the notice on the Land in a conspicuous place.

3.11 Terms of occupation

If, under the terms of occupation between the Occupant and the Owner, it is the obligation of the Owner to pay for the Water supplied to the Land,

(a) this by-law does not apply to the Occupant of the Land; and,

(b) the Owner, in addition to Water charges, is liable to pay Wastewater and Stormwater Charges to the City in accordance with the provisions of this by-law.

Part 4 MONITORING PROCEDURE FOR WASTEWATER FLOWS

4.1 Quantity of Wastewater to be monitored

This Part shall only apply where the quantity of Wastewater from the Land exceeds the supply of Water measured by the Meter; or, for industrial classified Lands where the quantity of Wastewater is less than 85% of the volume of municipal Water supplied; or, for industries with greater than 50,000 cubic meter per month supply. In such cases, the Customer shall monitor the volume of Wastewater discharged to the Sanitary Sewer and shall submit a proposal to the Engineer to undertake flow monitoring.

4.2 Monitoring setup process

A Proposal to monitor Wastewater flows shall be provided to the Engineer in writing. The Proposal shall include but not be limited to the following:

(a) contact name(s) of employee or representative, the “Applicant”;’

(b) the number of Meters supplying Water and the Water account number(s), a listing of other (non-municipal) water supplies and an estimate of volume consumed from these sources;

(c) A description of the basis of the Proposal;

(d) Water consumption information for a period of at least one year;

(e) Estimation, calculation or measurement of flow differential for same period of time; and,

(f) Proposed methods for measurement/calculation of Wastewater volume including type of Flow Monitor and electronic data communication device. The Engineer shall acknowledge the Application in writing within 30 days of receipt.

4.2.1 Review of the Proposal

The Engineer shall assess the Proposal on behalf of the City and may request site visits and additional information or consultation with the Applicant prior to concluding the assessment.

4.2.2 Monitoring requirements

The Engineer shall notify the Applicant of the monitoring procedure requirements, including but not limited to requirements for maintenance and calibration of flow measurement equipment to be used for determining Wastewater volumes. The monitoring requirements of the Engineer shall be final and not subject to appeal.

4.2.3 Agreement to Monitor

The Applicant shall provide fully executed copies of the following documents to the satisfaction of the Engineer:

(a) Flow Monitoring Procedure Letter; and,

(b) Full and Final Release.

The costs of any construction, installation and maintenance of equipment and materials required to implement a measuring procedure to measure/calculate Wastewater volumes shall be borne by the Customer.

4.2.4 Failure to maintain or report

Where the Customer fails to follow the approved monitoring procedure for the calculation of Wastewater volumes, the Engineer may establish a suitable monitoring procedure and invoice the Customer for time and materials associated with calculating Wastewater flow from the Land.

4.2.5 Annual reporting requirements

Annual reporting requirements for the Land shall be established within the monitoring procedure approved by the Engineer. The annual report shall include a certificate of calibration for the Flow Monitor from a recognized laboratory. The Engineer may audit the procedure and records that are kept to monitor and calculate Wastewater volumes within one (1) working day of notification by the Engineer.

Part 5 ADDITIONAL TO OTHER RATES

5.1 Wastewater and Stormwater Charge imposed

Charges imposed under this by-law are payable even if, (a) a sewer rent has been or is imposed under section 5 of the City of London Act, 1982;

(b) the work with respect to which it is imposed was constructed under a local improvement charges by-law or an area rate by-law; or

(c) a special rate has been levied to raise the related costs for an urban service under Ontario Regulation 931/93, a deemed by-law of the City.

5.2 No Wastewater Charge imposed

Notwithstanding sections 3.3.1 and 5.1, no Wastewater Charge shall be imposed under this by-law if the Land is not connected to a Sanitary Sewer.

5.3 No Stormwater Charge imposed

Notwithstanding subsection 3.3.6 and 5.1, no Stormwater Charge shall be imposed under this by-law if:

(a) the Land is outside of the City of London Urban Growth Boundary;

(b) the Land drains to drainage works and is subject to assessment under the Drainage Act from time to time for construction and/or maintenance costs;

(c) the Land is located at 1424 Clarke Road in the City of London, known as the Fanshawe Conservation Area, owned and operated by the Upper Thames River Conservation Authority;

(d) the Land forms part of the Kirk-Cousins Management Area, owned by the Kettle Creek Conservations Authority; or,

(e) the Land is zoned Agriculture, Open Space or Resource Extraction in the City of London Comprehensive Zoning Bylaw, Z-1;

(f) the Land is a cemetery or golf course.

5.4 Procedure for exemption

Further to section 5.2 and 5.3, the following procedure shall apply to determine if the Charges may be exempted:

(a) The Customer shall contact the Company’s Customer Service Department with the request for exemption and the address of the Land;

(b) The Engineer shall assess the status of the Land against the criteria in sections 5.2 and/or 5.3. Where applicable, the Customer shall be required to demonstrate that the Land does not have a connection to the Sanitary and/or Storm Sewer to the satisfaction of the Engineer.

(c) Where the Engineer determines that a Charge should not be imposed, the Land shall become exempted from further Wastewater and/or Stormwater Charges until there is a change in the status of the Land or a change in City policy.

(d) Any refund for previous Charges collected shall be the lesser of either payments for two (2) years prior to the request for exemption; or, the duration of the Customer’s current account with the Company.

5.5 No Exemption from Charge

No exemptions from a Wastewater and/or Stormwater Charge shall be permitted solely because the Land is exempt from taxation under the Assessment Act.

Part 6 FRONTAGE CHARGE

6.1 Frontage Charge - authority

For the purpose of this Part, “Frontage Charge” is a sewer rent under section 5 of the City of London Act, 1982.

6.2 Frontage Charge – amount of charge

A Frontage Charge shall be payable as set out in Section 4.1 of attached Schedule “A” when a connection is made to a Storm Sewer and/or a Sanitary Sewer.

6.3 Frontage Charge – exemptions

Subsection 6.2 does not apply when a connection is made to a Sewer and that connection:

(a) has been financed under the provisions of a local improvement;

(b) is the subject of an area rate or special local municipality levy by-law;

(c) is made to land that includes a building for which a Sanitary Sewer Development Charge has been paid;

(d) services land within a registered plan of subdivision, provided the Sewer has been constructed pursuant to the registered subdivision agreement, or; is made to land which was already legally connected to the Main and the connection is being replaced due to condition and/or size.

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Calculated Frontage Charge

6.5 Actual frontage

Notwithstanding subsection 6.4., the Frontage Charge for Land which includes area with no or limited development potential may be assessed based on the actual frontage at the discretion of the Engineer.

Part 7 PREVIOUS BY-LAW REPEALED

7.1 Repeal – previous by-law - By-law WM-15

By-law WM-15 Sewer System Charges By-law and all amendments thereto, are hereby repealed.

7.2 Repeal – previous by-law – By-law W.-1911-23

By-law W.-1911-23 Sewer Rental By-law and all amendments thereto, are hereby repealed.

7.3 Repeal – previous by-law - By-law WM-26

By-law WM-26 Sewer System Fees and Charges By-law and all amendments thereto, are hereby repealed.

Part 8 EFFECTIVE DATE

8.1 Effective Date

This by-law comes into force and effect on the date it is passed. PASSED in Open Council on April 16, 2013.

William John Armstrong

Acting Mayor

Catharine Saunders

City Clerk

First Reading - April 16, 2013

Second Reading – April 16, 2013

Third Reading – April 16, 2013

Schedule A

Wastewater and Stormwater Charges

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Schedule A - Part 1
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Schedule A - Part 2
As Amended by
By-Law No. Date Passed at Council
WM-28-14001 December 3, 2013
WM-28-14002 November 25, 2014
WM-28-16003 December 8, 2015
WM-28-16004 November 22, 2016
WM-28-17005 August 22, 2017
WM-28-19006 March 26, 2019
WM-28-19007 July 30, 2019
WM-28-19008 November 26, 2019

 

Last modified:Monday, November 02, 2020