Compliance Programs with Monetary Concession -

Amendment to By-law No. 153-89

The Works and Utilities Committee recommends the adoption of the following report (November 2, 1998) from the City Solicitor:

Purpose:

To amend Metropolitan By-law No. 153-89 to permit compliance programs with monetary concession.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

That the by-law appended to this report be recommended for adoption by City Council.

Council Reference/Background/History:

The Works and Utilities Committee on October 7, 1998, had before it a report (September 22, 1998) from the Commissioner of Works and Emergency Services recommending that a compliance program with monetary concession be granted to Nestlé Canada Inc. as described therein.

The Committee:

(2)requested the City Solicitor to report to the Committee on any legal implications regarding the matter.

Comments and/or Discussion and/or Justification:

The City of Toronto Act, 1997 (No. 2) authorizes the City to pass a by-law prescribing the conditions under which sewage will be received and disposed of and setting the charges for receiving and disposing of it. It further permits the City to make different conditions and charges applicable with respect to different classes of persons transporting waste to the City sewage works. Provided that objective criteria based guidelines are adopted and used to set out a class of persons to whom compliance programs with monetary concession are available, there should be no negative legal implications. However, the sewer use by-law should be amended in the form attached to permit such programs.

Conclusions:

If adopted, this by-law amendment would permit the Commissioner of Works and Emergency Services to recommend to City Council compliance programs with monetary concession in appropriate cases.

Contact Name:

Robert H. Ashley

Telephone: 392-2892; Fax: 397-5624

E-Mail: rashley@metrodesk.metrotor.on.ca.

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CITY OF TORONTO

Bill No.

BY-LAW No.

To further amend Metropolitan Toronto By-law No. 153-89, a by-law

"Respecting the regulation of the discharge of sewage and land drainage."

The Council of The City of Toronto HEREBY ENACTS as follows:

1.Section 6 of Metropolitan By-law No. 153-89, as amended, is further amended by adding the following:

"(10)(a) In this subsection, "compliance program with monetary concession" means, a program under which the owner or operator of an industrial premises undertakes to carry out works or improvements to prevent or reduce and control the discharge or deposit of matter into or in land drainage works, private branch drains or connections to any storm sewer from its premises, in order to avoid significant surcharges pursuant to an Industrial Waste Surcharge Agreement or a proposed Industrial Waste Surcharge Agreement in accordance with subsection 5(2).

(b) A compliance program under this section may include a compliance program with monetary concession and, notwithstanding subsection (6), upon recommendation of the Commissioner, the municipality is authorized to execute an agreement in respect of a compliance program with monetary concession with an owner or operator of industrial premises who meets the guidelines adopted by the municipality from time to time, in respect of such programs on such terms and conditions as they may agree."

ENACTED AND PASSED this day of , A.D.

MayorCity Clerk

(Corporate Seal)