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HALIFAX REGIONAL MUNICIPALITY
BY-LAW NUMBER S - 100
RESPECTING SEWER CHARGES
BE IT ENACTED by the Council of Halifax Regional Municipality as follows:
Short Title
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This by-law shall be known as By-Law Number S-100, and may be cited as the
"Sewer Charges By-law".
Definitions
"Dwelling Unit" means living quarters that are accessible from a private
entrance, either outside the building or in a common area within the
building, are occupied or, if unoccupied, are reasonably fit for occupancy,
contain kitchen facilities within the unit, and have toilet facilities that are
not shared with the occupants of other dwelling units.
"Infrastructure Charge" means a charge levied as a condition of subdivision approval
pursuant to a by-law adopted under the authority of Section 274 of the Municipal
Government Act.
Interpretation
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(a)
"Commission" means the Halifax Regional Water Commission;
(b)
"Council" means the Council of the Halifax Regional Municipality;
(c)
"Engineer" means Engineer as defined in the Halifax Regional Municipality
Act;
(d)
"floor space" means the total area in square feet of all floors, measured along
the outside surface of the exterior walls of the building, including the areas
occupied by exterior and interior walls and partitions, all exits, service access
spaces, vertical service spaces, and parking spaces within the exterior walls
of the building but excluding non-habitable attic spaces and crawl spaces;
(e)
"municipality" means the Halifax Regional Municipality;
(f)
"primary collection system" means that portion of the wastewater and
stormwater system that includes the local and trunk sewer lines and local
pumping stations;
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(g)
"public sewer" means a sewer controlled by the Regional Municipality;
(h)
"serviced land" means a lot or parcel of land for which public sewer service
is available in an abutting street or abutting service easement;
(i)
"sewer" means a pipe for carrying sewage, groundwater, stormwater or
surface run-off and includes all storm sewers, clearwater sewers, and
combined sewers;
(j)
"stormwater system" means any method or means of carrying stormwater,
including ditches, swales, pipes, sewers, drains, canals, pumping stations,
retention ponds, conduits;
(k)
"wastewater system" means the structures, devices, equipment, processes and
appurtenances intended for the collection, transportation, pumping and
treatment of sewage and disposal of the effluent.
Pollution Control Charges
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(1)
All metered water users of the Commission shall pay a Pollution Control
charge to be divided into an Environmental Protection charge and a
Wastewater and Stormwater Management charge, at a rate to be set by
resolution of Council.
(2)
The Environmental Protection charge shall be comprised of the annual
operational, administrative, development, maintenance and capital costs,
including debt servicing charges and reserve accounts, of that portion of the
wastewater collection and treatment systems comprising the interceptor
sewers, waste treatment plants, pumping stations and associated forcemains
which directly transfer wastewater to an interceptor sewer or a waste
treatment plant and other facilities of a similar nature, exclusive of the
primary collection system, which charges shall be paid into an account to be
called the Environmental Protection account and used for the purposes for
which they were collected.
(3)
The Wastewater and Stormwater Management charge shall be established at
the rate required to cover the annual cost of administering and maintaining
the wastewater and stormwater primary collection systems and shall be paid
into an account to be called the Wastewater and Stormwater Management
Account and used for the purposes for which they were collected.
(4)
In establishing the pollution control charges, direct construction costs may be
recovered in one year or more, consistent with attempts to avoid significant
changes in rates from year to year.
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Metered Users
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(1)
Metered users of water within the Regional Municipality, who are users of
the public sewer system, shall pay the Pollution Control charge based on the
actual volume of water billed.
(2)
The Pollution Control charge shall be due and payable to the Commission on
the same date the water bill is due and payable to the Commission.
Unmetered Users/ Non-Users
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(1)
Unmetered users or non-users of water from the Commission, who are users
of the public sewer system, shall pay the Pollution Control charge to the
Municipality based on the average rate of consumption of water by a similar
class of metered users of the Commission water in the preceding year and at
the same rate established for metered users of water from the Commission.
(2)
The Pollution Control charge for unmetered users or said non-users may be
billed by the Regional Municipality on the same dates as the water bills are
rendered by the Commission to metered users of the Commission and if
billed on the same date as the water bills, shall be due and payable to the
Municipality on the same date as the water bills to the Commission.
Serviced Land
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(1)
Notwithstanding sections 4 and 5, every owner of serviced, vacant land shall
pay a minimum Pollution Control charge calculated at a rate of $0.1538 per
day for each lot or parcel of land to be deposited to the Wastewater and
Stormwater Management account.
(2)
The minimum Pollution Control charge for serviced, vacant land may be
billed by the Municipality on the same dates as the water bills are rendered
by the Commission to metered users and if billed on the same date as the
water bills, shall be due and payable to the Municipality on the same date as
the water bills to the water utility.
Exemptions
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(1)
A metered water user of the Commission, to whom public sewer is available
in an abutting street or abutting service easement but is not connected to the
public sewer, is entitled to an exemption from the Environmental Protection
charge upon application to the Engineer, but is required to pay the
Wastewater and Stormwater charge.
(2)
A metered water user of the Commission, to whom public sewer is not
available, is exempt from all Pollution Control charges.
Rebate
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(1)
Where the volume of liquid discharged into the public sewer is less than half
of the volume of water used by the property, as established by the property
owner to the satisfaction of the Engineer, a rebate of one-third of the
pollution control charges attributable to the difference between the amount
of the water used and the amount of liquid discharged into the public sewer
shall be given.
(2)
Notwithstanding subsection (1), where the volume of liquid discharged into
the public sewer from landscaping and agricultural uses is less than one-
quarter of the volume of water used by the property, as established by the
property owner to the satisfaction of the Engineer, a rebate of two-third of the
pollution control charges attributable to the difference between the amount
of the water used and the amount of liquid discharged into the public sewer
shall be given.
Late Payment Charge
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Interest on overdue Pollution Control Charges is calculated and billed at 1.5% per
month.
Existing Pollution Control Charges
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Pollution Control charges in effect as of the coming into force of this bylaw shall
remain in effect until amended by resolution of Council.
Sewer Redevelopment & Trunk Sewer Charge
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(1)
On all new buildings and all building additions in serviced areas, a sewer
redevelopment charge at a rate of $0.30 per square foot of floor space, is
hereby levied and imposed, payable prior to the issuance of a building permit
therefor by the Regional Municipality.
(2)
When an unserviced lot of land, occupied by a building, existed prior to the
coming into force of this by-law, a trunk sewer charge in an amount as
detailed below is hereby levied, payable when the lot is serviced by a public
sewer:
Dwelling Units
$500.00 per unit
All other Buildings
$0.30 per square foot of floor space
(3)
A sewer redevelopment charge shall only be payable in respect of accessory
buildings that contain facilities which can discharge effluent to the public
sewer system.
(4)
For the purposes of this by-law new buildings include buildings which are
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moved onto a new lot.
(5)
Notwithstanding subsection (1), the payment of a sewer redevelopment
charge, or a portion thereof, may be deferred with interest until completion
of construction but must be paid prior to issuance of the occupancy permit in
respect of the building or addition.
(6)
Notwithstanding subsection (1), the payment of a sewer redevelopment
charge shall not apply to buildings or building additions which are located on
a parcel of land which was subject to an Infrastructure Charge imposed
pursuant to the Halifax Regional Municipality Subdivision By-Law and
containing a component related to new or expanded wastewater facilities or
stormwater systems.
(7)
For the purposes of subsection (6), supra, a capital cost charge collected
pursuant to the provisions of By-Law C-600 respecting Capital Cost Charges
is not considered an Infrastructure Charge
Sewer Redevelopment Account
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Any sewer redevelopment charge or trunk sewer charges collected shall be paid into
an account to be called the Sewer Redevelopment Account and shall be used for
upgrading and installation of trunk sewer systems within existing developed areas.
Interest on Sewer Redevelopment and Trunk Sewer Charges
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Interest at the same rate charged for outstanding property taxes in the Regional
Municipality shall be charged on the entire amount of any sewer redevelopment or
trunk sewer charges outstanding, interest to begin accumulating on the date upon
which the charge first becomes due and payable.
Lien
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A charge or charges levied under this by-law shall constitute a lien against the
property in respect of which the charge is levied and may be collected in the same
manner and with the same remedies as provided for the collection of taxes in the
Assessment Act.
Repeal
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Town of Bedford Bylaw Number 15850, being the Sewer Development Charge
Bylaw; City of Halifax Ordinance Number 153 respecting A Sewer Development
Charge; City of Dartmouth By-laws P-1100 and P-1102 respecting Pollution Control
Charges and for greater certainty Halifax Regional Municipality By-law P-200; City
of Halifax Ordinance Number 156 respecting the Pollution Control Charge and for
greater certainty Halifax Regional Municipality By-law P-201; Halifax County
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Municipality By-Law No. 68 respecting Waste Water Disposal Charges; Town of
Bedford By-Law No. 111910, being the Wastewater Disposal Charge By-Law; and
City of Halifax Ordinance Number 160 respecting A Trunk Sewer Tax are repealed.
Done and Passed by Council this 29th day of April, A.D. 1997.
Walter R. Fitzgerald
MAYOR
Vi Carmichael
MUNICIPAL CLERK
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BY-LAW S-100
Notice of Motion:
March 4, 1997
First Reading:
March 25, 1997
"Notice of Intent" Publication:
March 29, 1997
Second Reading:
April 15, 1997
Third Reading:
April 29, 1997
Approval of Minister of Housing & Municipal Affairs:
June 9, 1997
Effective Date:
June 21, 1997
1.
Amended by S-101
Amendment: Definition - "Dwelling Unit"; Section11 (2)
Notice of Motion:
December 7, 1999
First Reading:
December 14, 1999
"Notice of Intent" Publication:
December 18, 1999
Second Reading:
January 4, 2000
Approval of Minister of Housing & Municipal Affairs:
N/A
Effective Date:
January 8, 2000
2.
Amended by S-102
Amendment: Reduction in late payment charge; Section 9
Notice of Motion:
February 20, 2001
First Reading:
February 27, 2001
"Notice of Intent" Publication:
March 3, 2001
Second Reading:
March 20, 2001
Approval of Minister of Housing & Municipal Affairs:
N/A
Effective Date:
April 1, 2001
3.
Amended by S-103
Amendment: Reduction in late payment charge; Section 9
Notice of Motion:
April 3, 2001
First Reading:
April 10, 2001
"Notice of Intent" Publication:
April 14, 2001
Second Reading:
May 1, 2001
Approval of Minister of Housing & Municipal Affairs:
N/A
Effective Date:
May 5, 2001
______________________________________________________________________________
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4.
Amended by S-104
Amendment: Section 9 is deleted in its entirely and replaced. Effective date
January 1, 2002
Notice of Motion
December 11, 2001
First Reading:
December 18, 2001
"Notice of Intent" Publication:
December 22, 2001
Second Reading:
January 8, 2002
Approval of Minister of Housing & Municipal Affairs:
N/A
Effective Date:
January 1, 2002
_____________________________________________________________________________
5.
Amended by S-105
Amendment: Addition to Section 8
Notice of Motion:
May 21, 2002
First Reading:
May 28, 2002
"Notice of Intent" Publication:
June 1, 2002
Second Reading:
June 18, 2002
Approval of Service Nova Scotia and Municipal Relations
N/A
Effective Date:
June 22, 2002
______________________________________________________________________________
6.
Amended by S-106
Amendment: Addition to Section 1 and Section 11
Notice of Motion:
February 25, 2003
First Reading:
March 4, 2003
"Notice of Intent"Publication:
March 8, 2003
Second Reading:
March 25, 2003
Approval of Service Nova Scotia and Municipal Relations N/A
Effective Date:
March 29, 2003
______________________________________________________________________________
7.
Amended by S-107
Amendment: Section 11
Notice of Motion:
April 17, 2007
First Reading:
April 24, 2007
Notice of Public Hearing Publication:
April 28, 2007
Second Reading"
May 15, 2007
Approval of Service Nova Scotia and Municipal Relations:
N/A
Effective Date:
May 19, 2007