THE CORPORATION OF THE TOWNSHIP OF GEORGIAN BLUFFS

BY-LAW NO.

2014

Being a By-law to regulate the collection and disposal of septic waste within the
Township of Georgian Bluffs.
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25 provides that Waste Management is within
the sphere of jurisdiction of a lower tier municipality and
WHEREAS pursuant to the Ontario Water Resources Act, R.S.O. c.40, every municipality
which discharges , deposits, causes or permits the discharge or deposit of material of any kind
into any well, river, pond, spring, stream, reservoir or other water or watercourse that may
impair the spring, stream, reservoir or other water or watercourses is guilty of an offence and;
WHERAS the Council of the Corporation of the Township of Georgian Bluffs considers it
necessary and desirable to institute a system for the collection and disposal of septic waste
from Class 4, 5 and 6 systems, as set out in the Ontario Building Code, within the Township of
Georgian Bluffs;

DRAFT

NOW, THEREFORE, the Council of the Corporation of the Township of Georgian Bluffs enacts
as follows:

1. Definitions

(1) In this By-law:

Building Code Act means the Building Code Act, 1992, S.O. 1992, c.23, as amended, or any
successor legislation thereto;
By-Law Enforcement Officer means a police officer, Municipal Law Enforcement Officer, special
constable or any other public officer engaged in the enforcement of this or any other by- law;
Hauler means a person who is licensed to transport hauled liquid waste to the septic waste
disposal site for disposal;
Hauled Liquid Waste means waste removed from a sewage system, including a cesspool, a
septic tank system. A privy vault or privy pit, a chemical toilet, a portable toilet, or a sewage
holding tank but does not include sludge removed from a wastewater treatment plant;
Person includes an individual, association, partnership, corporation, municipality, Provincial or
Federal agency, or an agent or employee thereof.
Director of Operations means the Director of Operations of the Township of Georgian
Bluffs.

Sewage means any liquid waste containing animal, vegetable, chemical or mineral matter in
solution or in suspension, but does not include stormwater or uncontaminated water;
Township means the municipal corporation of the Township of Georgian Bluffs or the
geographic area of the Township of Georgian Bluffs, as the context requires;

2. Disposal of Hauled Liquid Waste

1.That all liquid waste from a Class 4, 5 and 6 sewage waste system within the
Township of Georgian Bluffs, as defined by the Ontario Building Code, that is collected
by any hauler licensed by the Province of Ontario to collect and transport liquid waste,
shall be transported to the Township of Georgian Bluffs/Township of Chatsworth waste
disposal site located at the South part of Lot 4, Concession 6, in the geographic area of
the former Township of Derby and municipally known as 062111 Sideroad 3.
3. Hauled Liquid Waste Permit
Permit Required

DRAFT

(1) No person shall collect and dispose of hauled liquid waste of any type within the
Township unless:
(a) The person has first procured a Hauled Liquid Waste Permit; and
(b) The discharge or deposit of the hauled liquid waste is fully compliant with the terms
and conditions of the Hauled Liquid Waste Permit and this By-law.
(2) Every applicant for the issuance of a Hauled Liquid Waste permit under this By-law
shall:
(a) file with the Director of Operations, an application in the form established by the
Township from time to time which:
(1) identifies the name, municipal address, mailing address, telephone number,
fax number and email address of the applicant
(2) sets out contact information including emergency contact information;
(3) provides particulars of any Provincially issued septic waste disposal permits
currently held by the applicant;
(4) sets out such other particulars as the Director of Operations may require to
investigate and process the application;
(5) is signed by the applicant, or in the case of a corporate applicant, by the
authorized signing officer of the corporation, certifying as to the accuracy of
the information in the application.
(b) file with the Director of Operations, as part of the application for the Hauled Liquid
Waste Permit:

(1) An insurance certificate evidencing a policy of insurance held by the applicant

with an insurance company licensed to operate in Ontario, with limits of not
less than $100,000 for property damage and $1,000,000 general liability and
the Township of Georgian Bluffs and the Township of Chatsworth shall be
named as additional insured parties; and
(c) Pay the applicable non-refundable application fee determined in accordance with
the Townships Fees and Services By-law
(3) The Director of Operations shall be guided by the Townships policy for the issuance
or refusal to issue a Hauled Liquid Waste permit as amended from time to time.
4. Fees for the processing of Hauled Liquid Waste
(1) All haulers of liquid waste that have been issued a permit from the Township shall be
permitted to dispose of septic waste, free of charge, at the Townships waste
disposal facility.
5. Offences

DRAFT

(1) Every person other than a Corporation who contravenes any provision of this Bylaw 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 of not more than $5,000
for the first offence and $10,000 for any subsequent conviction.
(2) Every corporation who contravenes any provision of this By-law and every
director or officer of a corporation who knowingly concurs in such contravention
is guilty of an offence and on conviction is liable for every day or part there of
upon which such offence occurs or continues to a fine of not more than $25,000
for the first offence and $50,000 for any subsequent conviction.
(3) Notwithstanding subsections 5(1) and 5 (2), every person who contravenes any
provision of any other section of this By-law 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 of not more than $2,500 as provided for in the Provincial
Offences Act, R.S.O. 1990, c. P.33as amended.
(4) In this By-law, subsequent conviction means a conviction for an offence which
offence occurs after the date of conviction for an earlier offence under this Bylaw.
(5) When a person has been convicted of an offence under this By-law, the Ontario
Court (Provincial Division), or any court of competent jurisdiction thereafter may,
in addition to any penalty imposed on the person convicted, issue an Order
prohibiting the continuation or repetition of the offence of the doing of any act or
thing by the person convicted directed toward the continuation or repetition of the
offence.
(6) An offence and subsequent conviction under this By-law pursuant to the
Provincial Offences Act. R.S.O.1990, c.P.33 or the Municipal Act, 2001, shall not

be deemed in any way to preclude the Township from issuing a separate legal
proceeding to recover charges, costs and expenses incurred by the Township
and which may be recovered in a Court of competent jurisdiction.

GENERAL PROVISIONS
6. Confidential Information
(1) All information submitted to and collected by the Township, 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 (MFIPPA).
(2) In the event that any person, in submitting information to the Township or to the
Director of Operations, in any form, as required by this By-law, where such
information is confidential or proprietary or otherwise may be exempt from
disclosure under the MFIPPA, the person submitting the information shall so
identify that information upon its submission to the Township or the Director of
Operations and shall provide sufficient details as to the reason for its purported
exemption from disclosure.

DRAFT

7. Severability

(1) If any section, clause or provision of this By-law, including anything contained in
any Schedule attached hereto, is for any reason declared in a court of competent
jurisdiction to be invalid, 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 all remaining sections, clauses or
provisions of the By-law shall remain in full force and effect until repealed,
notwithstanding that one or more provisions thereof shall have been declared to be
invalid.
(2) Nothing in this By-law relieves any person from complying with any provision of
any Federal or Provincial legislation or any other By-law of the Township.
(3) Where a provision of this By-law conflicts with the provisions of another By-law in
force in the Township, the provision that establishes the higher standard to protect the
health, safety and welfare of the general public shall prevail.
8. That this By-Law shall come into full force and effect upon the final passing thereof.
9. This By-law may be referred to as the Septic Waste Disposal By-law

Read a first and second time this ______ day of ________, 2014.
Read a third time and passed this _____ day of _________, 2014

_______________________

__________________

Mayor Alan Barfoot

C.A.O.Clerk Murray Hackett

DRAFT