DEVELOPMENT SERVICES AND CORPORATE SERVICES JOINT REPORT B

Transcription

1 To: DEVELOPMENT SERVICES AND CORPORATE SERVICES JOINT REPORT B Committee of the Whole Council Date: Subject: Origin: Development Services, Building Standards Branch, Director of Building Standards Branch /Chief Building Official RECOMMENDATIONS 1. THAT Development Services and Corporate Services Joint Report B dated January 19, 2015 regarding a Septic System Maintenance Inspection Program be received; 2. THAT the properties affected by this program be levied an additional one time amount of $ in the year in which their Septic System Maintenance Inspection takes place to cover the costs of this Program; 3. THAT staff recommends that the recruitment process for that staff member be initiated upon approval of this report. This program, including required staffing and equipment, will be funded from revenue specifically related to the program as outlined in this report; and 4. THAT information and education regarding this provincially mandated program be provided to the public through direct mailings, newspaper notices, and a public information session to be scheduled in Q PURPOSE The purpose of this report is to provide Council with information related to the implementation of the Proposed Septic System Maintenance Inspection Program as required by the Clean Water Act, 2006 (CWA) and the Lake Simcoe Protection Plan (LSPP). It is anticipated that approximately 1040 properties in East Gwillimbury directly affected by this legislation. The Province of Ontario has legislated area municipalities to develop and implement a Septic Systems Maintenance Inspection Program for properties located in close proximity to public source water drinking wells, lake water drinking supply intake zones, Lake Simcoe, and Lake Simcoe tributaries. Septic systems located in close proximity to public source water drinking wells, lake water drinking supply intake zones, and within 300 metres of Lake Simcoe were required to be part of a maintenance inspection program commencing January Septic Systems within the Lake Simcoe watershed must enter into a maintenance inspection program commencing in January 2016.

2 Page 2 of 21 BACKGROUND In the wake of the Walkerton contaminated drinking water event in 2000, the Government of Ontario held a public inquiry as to the cause and potential mitigation practices associated with safe drinking water sources. The inquiry concluded that drinking water should be protected at its source. Among the many sources of possible contamination, improperly maintained septic systems were identified as a threat to safe drinking water. As a result of the inquiry, the Province introduced the Clean Water Act, 2006 and subsequently, the Lake Simcoe Protection Plan in July These require communities to take measures to protect their drinking water through locally driven, science-based protection plans. The Ministry of the Environment and Region of York are taking steps toward protecting municipal wellhead areas and Intake Protection Zones through the Clean Water Act. The Lake Simcoe Region Conservation Authority (LSRCA) is moving toward greater protection of Lake Simcoe through the Lake Simcoe Protection Plan. The Lake Simcoe Protection Plan seeks to ensure the continued improvement of the Lake Simcoe water quality and in doing so, strives to ensure sources of contamination are identified and restricted from entering the Lake. This initiative requires septic system maintenance inspections. Septic systems within the Lake Simcoe watershed (Appendix A) must be part of a maintenance inspection program commencing in January The Region of York is taking steps to ensure the areas around municipal wells are protected from sources of contamination through the Clean Water Act, 2006 legislation. Regional wells located in East Gwillimbury supply drinking water to East Gwillimbury and other York Region residents. Wellhead areas are to be protected from sources of contamination to ensure a continuous supply of contaminate-free drinking water to the public. Presently, there are six regional well locations within East Gwillimbury (Appendix B). Concurrently with the CWA and LSPP, the Ministry of Municipal Affairs and Housing introduced amendments to the Building Code Act concerning maintenance inspection programs for septic systems. These amendments support the Ministry of the Environment and LSPP initiatives for clean drinking water and the improvement of Lake Simcoe water quality. ANALYSIS Neighbouring Municipality Delivery Model A meeting of Area Municipalities located within the Lake Simcoe watershed was held in early April The goal was to share information and discuss proposed processes for dealing with the requirements to operate septic system maintenance inspection programs. Of the municipalities in attendance (nine in total) each is proposing a program very similar to what is being proposed through our suggested Service Delivery Model.

3 East Gwillimbury Service Delivery Models Development Services and Corporate Services Page 3 of 21 As noted previously, the CWA and LSPP require septic system maintenance inspection programs in the vicinity of source water wells, Lake Simcoe, and Lake Simcoe tributaries. The Building Code Act and regulations requires municipalities to set-up septic system maintenance inspection programs. How a septic system maintenance inspection program is provided and delivered is up to the Area Municipality. It is staff s opinion that a balance needs to be struck whereby the requirements of the regulations are being adhered to and the costs, roles of the landowner, and services of the Town are being dealt with reasonably. From this perspective, staff suggests a two tiered approach to the maintenance inspection program. The first tier would include: - Archival property research - Identification and charting of the sewage system components locations within the site - Determination and charting the location of water supplies for the site - Observation of the site for obvious signs of malfunction - Photographing the area as required - Providing an inspection report - Re-schedule future inspections based on five year intervals The second tier would be activated upon obvious signs of a malfunctioning septic system and this tier would involve: - Examining the condition of the sewage in the tank and effluent filter - Examining the condition of the tank and its components (after a pump-out) - Reviewing operational components of a tertiary system - Receiving and reviewing new effluent samples related to tertiary systems - Examining components of a system downstream of the septic tank, (pump tanks, distribution boxes, dispersal bed) - Examining components of the sewage system upstream of the tank (building sewer, internal building plumbing, electrical connections, electrical control panel) - Photographing the area of the sewage system and associated components - Compiling detailed notes of the sewage system, buildings using the system, conversations with property owners - Completing and filing the inspection results accordingly - Re-scheduling a follow-up inspection based on five year intervals Building Permits for Repairs When, as a result of the Septic System Maintenance Inspection Program, it has been determined that repairs to a malfunctioning septic system are necessary, a building permit may be required.

4 Page 4 of 21 Building permits related to septic systems are currently set out in our Building By-law for the installation of new systems and repairs to malfunctioning systems. Fees associated with a building permit for a septic system repair are presently in place. The same fee structure would be applicable for systems in need of repair as a result of the Septic System Maintenance Inspection Program. This fee is over and above the fee associated with operating the Septic System Maintenance Inspection Program. The process of permit review and site inspections for new systems and system repairs are already set out in the Building Code regulations. The same process would be followed when it comes to permits/inspections arising from the Septic System Maintenance Inspection Program. Prioritized Properties to be Inspected As previously discussed, in East Gwillimbury there are two Provincial legislative requirements regulating the requirement of a Septic System Maintenance Inspection Program; the Clean Water Act and the Lake Simcoe Protection Plan. The timing mandated by these pieces of legislation allows the Municipality to focus on septic systems affected by the CWA first. These inspections must be completed by December 31, The inspections required by the LSPP must be commenced by January 1, In East Gwillimbury there are approximately 100 properties identified by the CWA and approximately 1200 properties identified through the LSPP. Staff are recommending a prioritized approach to inspection scheduling be implemented. Some Municipalities have previously completed voluntary septic system maintenance inspection programs. This has revealed merit in scheduling assessment/inspection of properties in a prioritized manner that is based upon the perceived risk of system malfunction. Systems that do not have records or systems that were constructed prior to 1987 pose the greatest potential for system malfunction. As such, these types of systems would be reviewed first. Moderate risk systems installed between 1987 and 2000 would be re-inspected upon completion of high risk properties. Systems with a low risk constructed in 2001 and later, would be the last to be inspected. The prioritization of Septic System Maintenance Inspection Program inspections will be applicable regardless of the location of the system within the Municipality. Electronic Tracking and Mapping The current CityView permit administration system is capable of providing building permit application, administration, tracking, and file system management. Enhancements to the existing program may be made to ensure the CityView system can accept and manage data, GPS coordinates, mapping, archiving, etc. for septic system inspection results. The ability to locate septic system components through the use of a GPS device and have that information returned to CityView for future use will be necessary. CityView staff has indicated

5 Page 5 of 21 that the ability for this to occur will require the coordination of CityView technicians and the Town s Information Technology (IT) staff. The estimated cost to purchase a GPS device, associated programming, and support is $15,000. This cost would be added to the overall operating expenses of program delivery. Use of GPS technology will also take place in the locating of newly applied for and installed septic systems. Staff are recommending the purchase of this required equipment be implemented once the staff person has been retained. Program Administration There are an anticipated 1300 lots within the Town of East Gwillimbury that will need to be inspected on a five-year inspection cycle. Beginning in 2015 there will be a need to add inspection staff to operate the maintenance inspection program for the properties affected by the CWA and the LSPP. Given the nature of the work involved with the program, effective site reviews may be accomplished during times when the soil is frost free. During the winter months staff will review archived files, complete plans examinations, notify property owners of upcoming inspections, and finalize outstanding issues from the previous inspection season. The re-inspections are to be spread over a five-year timeframe resulting with approximately 260 lots being inspected annually. Based on the average salary and benefits package for current Building Officials, there would be an estimated financial impact of approximately $102,000 annually to the Town of East Gwillimbury for one program staff member. Staff recommends that the recruitment process for that staff member be initiated upon approval of this report. The funding for the position is to be derived directly from the revenues the program generates. Follow-up inspections would be required as a result of repairs to a malfunctioning system or a system not being operated in accordance with the original permit. The cost of these inspections would be covered by the permit fees as per the Town s Building By-law for building permits. Cost Recovery for Program Administration The Township of the Archipelago embarked on a voluntary Septic System Maintenance Program in One of the lessons learned was the successful method of fee collection. Rather than trying to invoice the property owner for the costs of the program, it was determined that the most effective method of covering the inspection cost was to add the fee to the municipal property s taxes. This collection method eliminated the paperwork and additional staff costs involved with individual invoicing, follow-up of delinquent invoices, and ultimately ensuring the fee for this service is collected. Some area municipalities in the watershed have decided to invoice the landowners directly for the cost of the program. In the event the landowners do not pay the invoice; the area municipality would then take the step of placing the cost on the tax roll for collection.

6 Page 6 of 21 Each area municipality in attendance at the April 2014 meeting identified they would be imposing a fee for the service. The proposed fees ranged upward from $100/property. The fee recovery to operate the Septic System Maintenance Program is to be revenue neutral. This policy follows the mandate of the Building Code Act requirements for municipalities to recover fees for the direct and indirect costs of services only. To recover costs associated with salary, benefits, equipment, and operational and financial administrative costs of the program, East Gwillimbury has estimated the cost of the service to be approximately $490/property. This estimated cost is based on the following breakdown: Yr Total Total All Costs 99, , , , , ,600** Anticipated # of Lots (1300 x 80%)* 1040 Total Sewage Inspection Fee Per Lot *anticipates that detailed property research will result in refinements to the number of properties impacted ** includes costs associated with salary, benefits, travel, administration fee, etc. Staff is suggesting the most efficient way of recovering this cost is to notify the property owner of the fee at the beginning of the year they are to receive the maintenance inspection. The cost would then be distinctly identified and placed on the Final Tax Bill for the year. Staff have investigated alternative options for covering the costs of this program. One option, to more broadly distribute the cost of the Septic System Maintenance Inspection Program, is to spread the cost across all properties that receive municipally provided clean drinking water. This would include those properties that are currently on municipal water services (approximately 5400 properties). By distributing the program costs over this broader base, the fee which would be applied to each of these properties would be $94.37/property. A further option would be to spread the program cost over all 8989 properties in East Gwillimbury (MPAC 2013). This would equate to a fee of $56.70/property. Upon investigating all cost recovery option, Staff are recommending that a user pay system be used and that the costs be attributed only to those properties for which septic reinspections will be required. This would mean that the properties directly impacted by the program would cover the program costs. Funding Opportunities for Property Owners Should a landowner be required to repair or replace a sewage system, the LSRCA has some limited funding available through their Landowner Environmental Assistance Program (LEAP). Like most funding programs, there is a specific criterion that must be met in order to qualify and there is a maximum amount of funding available to each landowner. Through the LEAP program the sewage system must be at least twenty years old and the sewage system must be

7 Page 7 of 21 malfunctioning. The amount of funding available for each property is limited to $2,500 towards replacement with a conventional sewage system and up to $5,000 towards the installation of a tertiary sewage treatment system. Next Steps The next steps in this process are to ensure affected property owners are aware of the legislation and to provide information and assistance in understanding the program. Staff are recommending that this take the form of public notice being placed on the Town page of the Era Banner, posting the information on the Town website and by direct mailing to property owners in advance of anticipated inspections of their lands (The draft public notice document is attached as Appendix D). In addition, staff are recommending the scheduling of a public information session, Q1 2015, to provide information and an opportunity for the public to ask questions of program staff. As noted previously, site inspections must commence in To meet this time frame, program staff recruitment must commence in Q with the successful candidate commencing employment as soon as possible. This time-frame would permit staff to review archived files, set-up an inspection schedule based on risk, provide appropriate notification to landowners of the pending inspection, make themselves available to answer questions from the public, and set-up the GPS tracking system associated with the program. Actual site inspection would commence once the frost leaves the ground in the spring of FINANCIAL IMPLICATIONS Specific data and financial details have been provided within the Analysis Section of this report. Fee recovery to administer the Septic System Maintenance Program is to be revenue neutral. Details pertaining to cost recovery are summarized as follows: - It is anticipated that 1,300 lots within the Town need to be inspected on a five-year inspection cycle; - The five year costs associated with program administration and equipment amounts to a total of $509,600 with the 2015 costs being $98,893; - The fee for each affected property would be $490.00/property every 5 years starting in Notification of the impending fee would be provided to the property owner at the beginning of the year they are to receive the maintenance inspection; - The fee would then be distinctly identified and placed on the Final Tax Bill for that year. The additional levy would be imposed on the taxes of the affected properties for the 5 year program period and would then be re-evaluated at the end of the program cycle (2020).

8 Page 8 of 21 NEED FOR PUBLIC CONSULTATION A community outreach strategy dealing with the Septic System Maintenance Inspection Program for the Town of East Gwillimbury has been prepared. There will be direct mailing to affected property owners in advance of the site review (Appendix D). In addition, notification will be posted on the Town webpage and within the Town section of the Era-Banner newspaper. This notification process will allow residents time to review the program requirements, ask questions of the program staff, and be fully aware of the program prior to it directly affecting them. All agendas, reports, and minutes are made available to the public through posting on the Town s website. ALIGNMENT TO STRATEGIC PLAN A Septic System Maintenance Inspection Program is in keeping with the East Gwillimbury Strategic Plan; specifically Protecting and Enhancing the Environment may be achieved with this program. CONCLUSION The Septic System Maintenance Inspection Program is now legislated by the Province of Ontario through the Clean Water Act and through the Lake Simcoe Protection Plan. Implementation and administration of the legislation is the responsibility of the local municipalities through the Building Code Act. The program will assist in ensuring clean drinking water from the source and enhanced water quality for a healthier Lake Simcoe eco system. These attributes are a benefit for all East Gwillimbury residents and visitors to our community. ATTACHMENTS Appendix A Watershed Mapping Appendix B Wellhead Protection Areas Appendix C Affected Properties Appendix D Community Outreach Correspondence

9 Page 9 of 21 This report has been reviewed by the Senior Management Team. Prepared and Recommended by, original signed by Tim Gibson Director of Building Standards Reviewed and Recommended by, original signed by Genevieve Singh Manger or Communications Reviewed and Recommended by, original signed by Carolyn Kellington General Manger of Development Services Reviewed and Recommended by, original signed by Jennifer Nelson Deputy Treasurer Approved for Submission, original signed by Thomas R. Webster Chief Administrative Officer

10 APPENDIX A: WATERSHED MAPPING Development Services and Corporate And Financial Services Joint Report #B Proposed On-Site Sewage System Re-inspection Program August 25, 2014 Page 10 of 21 Figure 1: East Holland River Watershed. Source: Ontario Ministry of the Environment, Lake Simcoe, retrieved January 15, 2013

11 Page 11 of 21 Figure 2: West Holland River Watershed. Source: Ontario Ministry of the Environment, Lake Simcoe, retrieved January 15, 2013

12 Page 12 of 21 Figure 3: Maskinonge River Watershed. Source: Ontario Ministry of the Environment, Lake Simcoe, retrieved January 15, 2013

13 Page 13 of 21 Figure 4: Black River Watershed. Source: Ontario Ministry of the Environment, Lake Simcoe, retrieved January 15, 2013

14 APPENDIX B: WELLHEAD PROTECTION AREAS Development Services and Corporate Services Page 14 of 21 Figure 5: Wellhead Protection Area for Holland Landing Well 2. Source: Regional Municipality of York, April 2012

15 Figure 6: Wellhead Protection Area for Mount Albert Wells 1 and 2. Source: Regional Municipality of York, April 2012 Development Services and Corporate Services Page 15 of 21

16 Figure 7: Wellhead Protection Area for Mount Albert Well 3. Source: Regional Municipality of York, April 2012 Development Services and Corporate Services Page 16 of 21

17 Figure 8: Wellhead Protection Area for Queensville Wells 1 and 2. Source: Regional Municipality of York, April 2012 Development Services and Corporate Services Page 17 of 21

18 Figure 9: Wellhead Protection Area for Queensville Wells 3 and 4. Source: Regional Municipality of York, April 2012 Development Services and Corporate Services Page 18 of 21

19 APPENDIX C: AFFECTED PROPERTIES Development Services and Corporate Services Page 19 of 21

20 APPENDIX D COMMUNITY OUTREACH CORRESPONDENCE Development Services and Corporate Services Page 20 of 21 NOTICE SEPTIC SYSTEMS MAINTENANCE INSPECTION PROGRAM The Province of Ontario has taken measures through the Clean Water Act (CWA) and the Lake Simcoe Protection Plan (LSPP), to ensure potential sources of contamination of our drinking water system and Lake Simcoe are minimized. As a result, the Town of East Gwillimbury will be conducting inspections to ensure septic systems in vulnerable areas around municipal drinking water wells and the lake continue to be operated and maintained in accordance with the Clean Water Act and the LSPP standards and regulations. Vulnerable areas include lands around municipal drinking water wells, within 100m of the Lake Simcoe shoreline and along streams, rivers, watercourses and ponds that are within the Lake Simcoe watershed. Properties falling within the vulnerable areas will be assessed to determine the potential impact on municipal drinking water wells and the Lake Simcoe watershed resulting from malfunctioning septic systems. Properties will be ranked as high, moderate and low risk, with inspections commencing with high rise properties. HIGH RISK MODERATE RISK LOW RISK No record of approved system(s), or older than 25 years Approved systems between 10 and 25 years old Approved systems less than 10 years old To comply with Provincial legislation, the Maintenance Inspection Program of septic systems will take place on a five year inspection cycle. To facilitate these inspections, a fee will be assessed for the program and added to the municipal taxes. The anticipated costs of $51.10/yr ($ total) will cover archived records investigation, site inspections, and file management. Systems not in compliance with standards and regulations will be required to be brought up to standard. The Town of East Gwillimbury requests your co-operation with this program to ensure a clean and safe drinking water supply and the continued health of Lake Simcoe. Frequently asked questions and responses regarding this program may be viewed through the following link: Septic System Maintenance Inspection Program FAQ 1. Why? The Province of Ontario has taken measures through the Clean Water Act and the Lake Simcoe Protection Plan, to ensure potential sources of contamination of our drinking water system and Lake Simcoe are minimized.

21 Page 21 of Where? The maintenance inspection program includes properties within defined areas around municipal water wells and properties that are within 100metres of lands regulated by the Lake Simcoe and Region Conservation Authority. 3. When? The program will begin in the spring of Properties of with the highest risk of malfunctioning will be reviewed first, followed with other properties affected by the Clean Water Act and Lake Simcoe Protection Plan regulations. 4. Cost? To comply with Provincial legislation, the Maintenance Inspection Program of septic systems will take place on a five year inspection cycle. A fee will be assessed for the operation of the program and added to the municipal taxes. The anticipated costs of $51.10/yr ($ total) will cover archived records searches, site inspections, and file management. 5. What is the inspection looking for? The inspection is a review of existing site conditions related to the septic system. This includes: clearance to wells, streams, and water bodies; physical location of the system components; signs of system malfunction; documentation of site attributes for future maintenance inspections; etc. 6. What happens if there is deemed to be a malfunctioning system? Systems that are not in compliance with standards and regulations will be required to be brought up to standard. This may require the issuance of a building permit for repair or replacement of current systems. 7. Are there any financial assistance programs available to defray costs? The Lake Simcoe and Region Conservation Authority offers some financial assistance through their Landowner Environmental Assistance Program (LEAP). Information is available at: