Ontario Water Resources Act
www.e-laws.gov.on.ca/DBLaws/Statutes/English/90o40_e.htm#BK69Sewage Works
Approval of Director for sewage works
53. (1) No person shall establish, alter, extend or replace new or existing sewage works except under and in accordance with an approval granted by a Director. R.S.O. 1990, c. O.40, s. 53 (1).
Director may require information
(2) A Director may require an applicant for an approval under subsection (1) to submit plans, specifications, engineer’s report and other information and to carry out and report on tests or experiments relating to the location of the discharge of effluent or the work to be undertaken and, subject to subsection (4), the Director may grant the approval. R.S.O. 1990, c. O.40, s. 53 (2).
Powers of Director, where sewage works undertaken without approval
(3) Where any person undertakes or proceeds with the establishment of any sewage works, or the extension of or any change in any existing sewage works, without having first obtained the approval of a Director, a Director may order the person or the person’s successor or assignee to afford at their own expense such facilities as the Director considers necessary for the investigation of the works and the location of the discharge of effluent and may direct such changes to be made in the location of the discharge of effluent and in the works as the Director considers necessary, and any changes directed by the Director to be made in the works shall be carried out by the person or the person’s successor or assignee at their own expense. R.S.O. 1990, c. O.40, s. 53 (3).
Certificate of approval may be subject to conditions, etc.
(4) If, in the opinion of a Director, it is in the public interest to do so, the Director may, subject to subsections 54 (1) and 55 (1),
(a) refuse to grant the approval;
(b) grant the approval on such terms and conditions as the Director considers necessary;
(c) impose new terms and conditions to the approval;
(d) alter the terms and conditions of the approval; or
(e) revoke or suspend the approval. R.S.O. 1990, c. O.40, s. 53 (4).
No use or operation without approval
(5) No person shall use or operate sewage works for which an approval is required under subsection (1) unless the required approval has been granted and complied with. R.S.O. 1990, c. O.40, s. 53 (5).
Exception
(6) This section does not apply,
(a) to a sewage works from which sewage is not to drain or be discharged directly or indirectly into a ditch, drain or storm sewer or a well, lake, river, pond, spring, stream, reservoir or other water or watercourse;
(b) to a privately-owned sewage works designed for the partial treatment of sewage that is to drain or be discharged into a sanitary sewer;
(c) to a sewage system that is subject to the Building Code Act, 1992;
(d) to a drainage works under the Drainage Act or a sewage works where the main purpose of the works is to drain land for the purpose of agricultural activity;
(e) to a drainage works under the Cemeteries Act, the Public Transportation and Highway Improvement Act or The Railways Act, being chapter 331 of the Revised Statutes of Ontario, 1950;
Note: On a day to be named by proclamation of the Lieutenant Governor, clause (e) is amended by the Statutes of Ontario, 2002, chapter 33, section 146 by striking out “Cemeteries Act” and substituting “Funeral, Burial and Cremation Services Act, 2002”. See: 2002, c. 33, ss. 146, 154.
(f) to such sewage works as may be exempted therefrom by the regulations,
but this section does apply to a sewage works for the distribution of sewage on the surface of the ground for the purpose of disposing of the sewage. R.S.O. 1990, c. O.40, s. 53 (6); 1997, c. 7, s. 6; 1997, c. 30, Sched. B, s. 24 (1); 2001, c. 9, Sched. G, s. 6 (25).
Application
(6.1) This section does apply to sewage works described in clause (6) (a) if,
(a) the sewage works have a design capacity in excess of 10,000 litres per day;
(b) more than one sewage works is located on a lot or parcel of land and they have, in total, a design capacity in excess of 10,000 litres per day; or
(c) the sewage works are not located wholly within the boundaries of the lot or parcel of land on which is located the residence or other building or facility served by the works. 1997, c. 30, Sched. B, s. 24 (2).
Deemed approval
(7) Every sewage works constructed, extended or altered by the Crown or by the former Ontario Water Resources Commission before the 1st day of July, 1987 or that is under construction, extension or alteration by the Crown on the 30th day of June, 1987 shall be deemed to be constructed, extended or altered in accordance with an approval under this section. R.S.O. 1990, c. O.40, s. 53 (7).
Continuation, sewage works
53.1 (1) If, except for the operation of Part VIII of the Environmental Protection Act, a works would have been a sewage works under this Act, upon the repeal of Part VIII of that Act, the works are continued as sewage works under this Act if,
(a) a certificate of approval under section 77 of the Environmental Protection Act and a permit under section 78 of that Act were issued before the repeal of Part VIII and remain in force in respect of such works; or
(b) a permit under section 78 of the Environmental Protection Act was issued before the repeal of Part VIII and remains in force for the works, but a certificate of approval under that Act was not issued or is no longer in force for the works.
Same
(2) If, except for the operation of Part VIII of the Environmental Protection Act, a works would have been a sewage works under this Act, upon the repeal of Part VIII of that Act the works are continued as sewage works under this Act if,
(a) a certificate of approval under section 77 of the Environmental Protection Act was issued before the repeal of Part VIII and remains in force in respect of such works; and
(b) a permit under section 78 of that Act is issued for the works within one year of the repeal of Part VIII.
Continuation for limited purpose
(3) Part VIII of the Environmental Protection Act shall be deemed to continue in force for the purpose of clause (2) (b) for a period of one year after its repeal and if no permit is issued within that period, the certificate of approval is cancelled.
Transfer
(4) A certificate of approval and permit under clause (1) (a) or subsection (2) and a permit under clause (1) (b) continue in force as if they were an approval under section 53, with such changes as necessary.
Continuation, orders
(5) An order issued and continuing in force under section 79 of the Environmental Protection Act in respect of a sewage system which except for the operation of Part VIII of the Environmental Protection Act would have been a sewage works under this Act is, upon the repeal of Part VIII of that Act, continued as an order under section 53 of this Act, with such changes as necessary.
Matters in progress
(6) The following matters commenced under Part VIII of the Environmental Protection Act are, upon the repeal of Part VIII, continued under this Act:
1. An application for a certificate of approval submitted before the repeal of Part VIII where the certificate has not been issued and has not been refused is continued as an application under section 53.
2. An unexpired right of appeal where a certificate of approval has been refused or conditions were attached to the certificate before the repeal of Part VIII.
3. An unexpired right of appeal where an order has been issued under section 79 of the Environmental Protection Act before the repeal of Part VIII.
4. An appeal of the conditions attached to a certificate of approval or the refusal to issue a certificate of approval or an appeal of an order under section 79 of the Environmental Protection Act commenced before the repeal of Part VIII but not completed.
Records
(7) If an agreement under section 81 of the Environmental Protection Act was in force immediately before the repeal of Part VIII of that Act, the party which was administering Part VIII under the agreement shall,
(a) keep all records in their possession or under their control with respect to matters continued under this section for a period of 6 years from the date of the repeal or as otherwise prescribed under subsection (11);
(b) on the written request of the Director, deliver to the Director a record or certified copy of a record relating to Part VIII as specified in the request;
(c) on the written request of the Director, deliver to the Director a certificate as to the service of any document relating to Part VIII as specified in the request;
(d) on the written request of the Director, deliver to the Director a certificate as to the custody of any document relating to Part VIII as specified in the request; and
(e) on the written request of the Director, deliver to the Director a certificate as to whether or not any document relating to Part VIII as specified in the request was received or issued.
Deemed official document
(8) A record, certified copy of a record or a certificate delivered under clause (7) (b) or (c) that is or relates to an approval, certificate, consent, licence, notice, permit, order or return under Part VIII of the Environmental Protection Act shall be deemed to be an official document signed by an employee in the Ministry for the purpose of section 115.
Same
(9) A certificate delivered under clause (7) (d) or (e) shall be deemed to be an official document signed by an employee in the Ministry for the purpose of section 115.
References
(10) The references to sections 77, 78, 79 and 81 of the Environmental Protection Act are references to those provisions as they read immediately before the repeal of Part VIII of the Environmental Protection Act under Schedule B of the Services Improvement Act, 1997.
Regulations
(11) The Lieutenant Governor in Council may make regulations prescribing transitional matters necessary to deal with issues arising out of the repeal of Part VIII of the Environmental Protection Act, which regulations may be general or specific in their application and may be retroactive to the date this section comes into force.
Sewage works
(12) A regulation under subsection (11) may specify any works as sewage works for the purpose of any section of this Act or regulations made under this Act.
Non-application
(13) This section does not apply to sewage works which are exempt from approval by virtue of the operation of subsections 53 (6) and (6.1).
Limitation
(14) This section applies only to sewage systems which, except for the operation of Part VIII of the Environmental Protection Act, would have been sewage works under this Act and to matters and documents related to such sewage systems. 1997, c. 30, Sched. B, s. 25.
Sewage works established or extended in or into another municipality
54. (1) Before taking any action under subsection 53 (4) with respect to a sewage works established or extended or to be established or extended by a municipality in or into another municipality or territory without municipal organization, a Director shall, by a notice in writing, require the Tribunal to hold a hearing. R.S.O. 1990, c. O.40, s. 54 (1); 2000, c. 26, Sched. F, s. 13 (8).
Notice of hearing
(2) The Tribunal shall give at least fifteen days notice of the hearing to the clerk of the municipality in or into which the sewage works are being or have been established or extended and to clerks of such other municipalities and to such other persons and in such manner as the Tribunal considers appropriate. R.S.O. 1990, c. O.40, s. 54 (2); 2000, c. 26, Sched. F, s. 13 (8).
Contents of notice
(3) The notice of hearing shall state that a hearing is not required to be held if no objections are made in accordance with subsection 8 (1). R.S.O. 1990, c. O.40, s. 54 (3).
Powers of municipality after approval
(4) Where a Director has given his or her approval under section 53 to an establishment or extension under subsection (1), the municipality undertaking the establishment or extension may enter upon, take and use such lands in such other municipality or municipalities or territory without municipal organization as may be necessary, and for that purpose has the same powers within such municipality or municipalities or territory as it has within its own municipality. R.S.O. 1990, c. O.40, s. 54 (4); 2002, c. 17, Sched. F, Table.
Application to Board
(5) Where a Director has given his or her approval under section 53 to an establishment or extension under subsection (1), the municipality undertaking the establishment or extension, before proceeding therewith, may apply to the Board for an order,
(a) stopping up and closing any highway, road or road allowance, temporarily or permanently, for the purpose of allowing the establishment or extension to be carried on and vesting it in the municipality undertaking the establishment or extension, and providing for the opening of another highway, road or road allowance in lieu of the highway, road or road allowance so stopped up and closed, and subsection 88 (2) of the Registry Act does not apply;
(b) ordering that any building restrictions, covenants running with the land or any limitations placed upon the estate or interest of any person in any lands upon or through which it is proposed that the establishment or extension may be constructed shall be terminated and shall be no longer operative or binding upon or against any person, and directing that any such order be registered under the Registry Act; and
(c) fixing the compensation for lands taken or injuriously affected in the construction, maintenance or operation of the establishment or extension,
and notice of the application shall be given to the clerk of the municipality in or into which the sewage works are being established or extended and to the clerks of such other municipalities and to such other persons and in such manner as the Board may direct. R.S.O. 1990, c. O.40, s. 54 (5).
Registration of order
(6) The registration of an order under clause (5) (b) is a bar to any action or proceeding taken by any person claiming any right or benefit under or by reason of any such restrictions, covenants, interests, estate or title in the lands described in the order. R.S.O. 1990, c. O.40, s. 54 (6).
Agreements as to use
(7) Where sewage works of a municipality are established or extended in or into another municipality, the municipality in or into which the sewage works are established or extended may make an agreement with the owner of the sewage works for the connecting with and the use of the sewage works. R.S.O. 1990, c. O.40, s. 54 (7).
Application by municipality
(8) Where a municipality in or into which sewage works are established or extended is unable to make an agreement under subsection (7), the Board, upon an application authorized by by-law of its council, may confer the right to make use of the sewage works upon the applicant municipality and the inhabitants thereof whose properties may be conveniently served by the sewage works, and prescribe the terms and conditions of such use. R.S.O. 1990, c. O.40, s. 54 (8).
Municipality may collect as taxes amounts agreed or ordered to be paid
(9) Where an agreement is made under subsection (7) or an order is made under subsection (8), the municipality in or into which the sewage works are established or extended may assess, levy and collect as taxes the amounts to be paid under the agreement or order in the same manner and to the same extent as if the municipality itself were proposing to construct, were constructing or had constructed the works or were operating and maintaining the works. R.S.O. 1990, c. O.40, s. 54 (9).
Application of subs. (1) to person
(10) Subsection (1) applies with necessary modifications to a person who contemplates extending their sewage works from one municipality into another municipality or into territory without municipal organization. R.S.O. 1990, c. O.40, s. 54 (10).
Application to Board
(11) Where a Director has given his or her approval under section 53 to an extension by a person, other than a municipality, of their sewage works from one municipality into another municipality or into territory without municipal organization, the Board may, on application made by the person undertaking the extension, order the amendment of any by-law for prohibiting or regulating the use of land or structures for dumping or disposing of garbage, refuse or domestic or industrial waste passed under the Municipal Act, 2001, the City of Toronto Act, 2006 or a predecessor of those Acts or any by-law passed under section 34 of the Planning Act or any official plan to permit the use of the land for extension. R.S.O. 1990, c. O.40, s. 54 (11); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 45 (1).
Powers of Board
(12) The Board, as a condition of making an order under subsection (11), may impose such restrictions, limitations and conditions respecting the use of land for the extension of the sewage works, not inconsistent with the terms and conditions of the approval of a Director given under section 53, as to the Board may appear necessary or expedient. R.S.O. 1990, c. O.40, s. 54 (12).
Sewage works established or extended within a municipality
55. (1) Before taking any action under subsection 53 (4) with respect to a sewage works established or extended or to be established or extended by a person within a single municipality, a Director may, by a notice in writing, require the Tribunal to hold a hearing. R.S.O. 1990, c. O.40, s. 55 (1); 2000, c. 26, Sched. F, s. 13 (9).
Notice of hearing
(2) Where a hearing is to be held, the Tribunal shall give at least fifteen days notice of the hearing to the clerk of the municipality and to such other persons and in such manner as the Tribunal considers appropriate. R.S.O. 1990, c. O.40, s. 55 (2); 2000, c. 26, Sched. F, s. 13 (9).
Contents of notice
(3) The notice of hearing shall state that a hearing is not required to be held if no objections are made in accordance with subsection 8 (1). R.S.O. 1990, c. O.40, s. 55 (3).
Application to Board
(4) Where a Director has given his or her approval under section 53 to an establishment or extension by a person, other than a municipality, of sewage treatment works within a municipality the Board may, on application by the person undertaking the establishment or extension, order the amendment of any by-law for prohibiting or regulating the use of land or structures for dumping or disposing of garbage, refuse or domestic or industrial waste passed under the Municipal Act, 2001, the City of Toronto Act, 2006 or a predecessor of those Acts or any by-law passed under section 34 of the Planning Act or any official plan to permit the use of land for the establishment or extension. R.S.O. 1990, c. O.40, s. 55 (4); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 45 (2).
Powers of Board
(5) The Board, as a condition of making an order under subsection (4), may impose such restrictions, limitations and conditions respecting the use of land for the establishment or extension of the sewage treatment works not inconsistent with the terms and conditions of the approval of a Director given under section 53, as to the Board may appear necessary or expedient. R.S.O. 1990, c. O.40, s. 55 (5).
Application of ss. 54 (11) and (12), 55 (4) and (5) to municipality
56. Subsections 54 (11) and (12) and subsections 55 (4) and (5) apply with necessary modifications to a municipality that has obtained the approval of a Director to the establishment or extension of its sewage works or to the establishment or extension of sewage treatment works. R.S.O. 1990, c. O.40, s. 56.
Powers of Board, review of municipal sewage works
57. The Board may inquire into, hear and determine any application by or on behalf of any person complaining that any municipality constructing, maintaining or operating sewage works or having the control thereof,
(a) has failed to do any act, matter or thing required to be done by any Act, by any regulation made under any Act, by any order or direction, or by any agreement entered into with the municipality; or
(b) has done or is doing any such act, matter or thing improperly,
and that the same is causing deterioration, loss, injury or damage to property, and the Board may make any order, award or finding in respect of any such complaint as it considers just. R.S.O. 1990, c. O.40, s. 57; 2001, c. 9, Sched. G, s. 6 (26).
Right to compensation, effect of sewage works, etc.
58. Where land is expropriated by a municipality for sewage works or is injuriously affected by the construction, maintenance or operation of sewage works by a municipality, the Expropriations Act applies. R.S.O. 1990, c. O.40, s. 58.
Construction or operation of approved sewage works by statutory authority
59. Sewage works that are being or have been constructed, maintained or operated in compliance with this Act, the Environmental Protection Act and the regulations under both Acts and with any order, direction or approval issued under the authority of this Act or any predecessor of any provision of this Act shall be deemed to be under construction, constructed, maintained or operated by statutory authority. R.S.O. 1990, c. O.40, s. 59.
Returns from sewage works
60. The owner of sewage works shall make returns to a Director on the matters and within the time specified by the Director in a direction to the owner. R.S.O. 1990, c. O.40, s. 60.
Sewage works to be kept in repair
61. Sewage works shall at all times be maintained, kept in repair and operated in such manner and with such facilities as may be directed from time to time by a Director. R.S.O. 1990, c. O.40, s. 61.
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