WHEREAS By-law Number 90-90 was enacted on 22nd November, 1990 by the Council of the Regional Corporation in order to regulate the discharge of matter into the sanitary and storm sewage systems;

AND WHEREAS, the Council of the Regional Corporation has by Resolution on the 18 th day of April, 2002 authorized amendments to By-law 90-90;

NOW THEREFORE, the Council of the Regional Municipality of Peel enacts as follows:

1. Section 1, paragraph 1 is amended by inserting the following:

"1.(a)1. "allowable concentration" for the purposes of Schedules "C", and "D1" means the concentration of solvent extractable matter of animal or vegetable origin, biochemical oxygen demand (B.O.D.), and suspended solids, as set out respectively in Subsections 2(1)2(h), 2(1)2(i) and 2(1)2(j) of this by-law."

2. Subsection 5(4) is deleted and replaced with the following:

"(4) The agreement shall be in substantially the same form as that which is attached as Schedule C, and may be executed on behalf of the Region in accordance with By-law 39-2001."

3. Subsection 6(6) is deleted and replaced with the following:

"(6) The compliance program shall be in substantially the same form as that which is attached as Schedule D, and may be executed on behalf of the Region in accordance with By-law 39-2001."

4. Schedule C of By-law 90-90 is deleted and replaced with an amended Schedule C as attached hereto.

5. Schedule D of By-law 90-90 is deleted and replaced with an amended Schedule D as attached hereto.

READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 18th day of April, 2002

SCHEDULE "C" TO BY-LAW 90-90

THE REGIONAL MUNICIPALITY OF PEEL

AGREEMENT FORM

THIS AGREEMENT made this _____________ day of _____________

BETWEEN:

The Regional Municipality of Peel
(hereinafter called "the Region")

OF THE FIRST PART

- and -

(hereinafter called "the Company")

OF THE SECOND PART

WHEREAS the Region enacted By-law No. 90-90 on the 22nd day of November, 1990, and subsequent amendments thereto (the "By-law") relating to the discharge of matter into the sanitary and storm sewage system of the Region; and

WHEREAS the By-law prohibits the discharge of matter of a kind listed in the By-law into or in land drainage works, private branch drains or connections to sanitary sewer but provides that the Region may permit the discharge of matter which would otherwise be prohibited by the By-law to an extent fixed by agreement with the Region under such conditions with respect to payment or otherwise as may be necessary to compensate for any additional costs of operation, repair, replacement or maintenance of the sewage works; and

WHEREAS the Company carries on an activity within the Region at premises known as [INSERT]_____________ , which activity produces a sewage discharge in which the quantity of one or more of suspended solids, biochemical oxygen demand ("B.O.D.") and solvent extractable matter of animal or vegetable origin is above the permissible limits set out in the By-law which materially adds to the cost of operation, repair, replacement or maintenance of the municipal sewage works;

NOW THEREFORE THIS INDENTURE WITNESSETH THAT the parties hereto mutually covenant and agree as follows:

1. This agreement shall expire on _____________, unless terminated earlier as hereinafter provided.

2. Subject to paragraph 3, the discharge into or in any sanitary sewer, land drainage works, private branch drains or connections to any sanitary sewer of matter by the Company from the said premises containing suspended solids, B.O.D. or solvent extractable matter of animal or vegetable origin in excess of the By-law limits shall be permitted in accordance with Section 5 of the By-law, and the Company hereby covenants and agrees to pay to the Region a surcharge calculated as follows and payable on a(n) (annual, quarterly, monthly) basis:

S = F x Q x R

Where: S means surcharge in dollars per annum

F means the ratio of:

actual concentration	-	allowable concentration
allowable concentration

of suspended solids, B.O.D. or solvent extractable matter as the case may be

Q means the annual volume measured in thousands of cubic metres

R means the rate for sewage treatment in dollars/thousand cubic metres as established from time to time by the Region

Where the surcharge calculated in respect of any one of suspended solids, B.O.D. or solvent extractable matter exceeds the surcharge calculated in respect of any other of such matters, only the highest surcharge shall be payable. Only one such surcharge shall be payable in any case.

3. Despite paragraph 2, the Company shall not discharge or deposit or cause or permit the discharge or deposit of matter of a kind, in such quantity or of such concentration listed below:

[LIST PROHIBITED MATTER]

4. The Company covenants and agrees to pay to the Region on demand interest on overdue amounts at the rate of _____________ percent per annum, compounded monthly and calculated from such date to the date of payment.

5. a) At the time of signing this agreement, the Company shall cause to be provided to the Region an irrevocable letter of credit (or letters of credit) in an amount equal to 25% of the Company's estimated annual surcharge, as estimated by the Region (the "Letter of Credit"), unless:

i) the Commissioner of Public Works and the Treasurer and Commissioner of Finance of the Region determine, in their sole discretion, that the Company has maintained a good record of payment with the Region pursuant to agreements authorized under Section 5 of the By-law for a period of two consecutive years; or

ii) the Letter of Credit, based on 25% of the Company's estimated annual surcharge, as estimated by the Region, would be less than $1500.00.

b) The Letter of Credit shall:

i) be an irrevocable, unconditional, demand letter of credit issued by a Canadian bank acceptable to the Region and shall be in accordance with the terms of this agreement and in a form and substance acceptable to the Region;

ii) provide that it shall be automatically renewable unless notice is given to the Region at least 60 days prior to its expiry date, in which case, having received such notice, the Region may draw on the Letter of Credit whether or not there has been default in the payment obligations of this agreement, and shall apply any funds obtained from such draw as provided in this agreement or shall hold such funds on deposit as security in lieu of the Letter of Credit;

iii) provide for and permit partial draws upon the Letter of Credit without cancellation; and

iv) be maintained in place at all times throughout the term of this agreement until released by the Region pursuant to the terms of this agreement.

c) If the Region at any time and from time to time draws on the Letter of Credit, the Company shall, within 10 days of such draw, provide the Region with an additional or replacement Letter of Credit, subject to the same terms and conditions, such that the Region is holding at all times throughout the term of this agreement until the release by the Region thereof, Letters of Credit in the total amount of 25% of the Company's estimated annual surcharge, as estimated by the Region.

d) If the Region at any time and from time to time determines, in its sole discretion, that the Company's annual surcharge may exceed the Company's previously estimated annual surcharge as estimated by the Region, the Region may notify the Company of the new estimated annual surcharge (the "Revised Estimate") and the Company shall deliver to the Region, within 30 days of receipt of such notice, an additional Letter of Credit, subject to the same terms and conditions, such that the total amount of the Letters of Credit held by the Region under this agreement is then equal to 25% of the Revised Estimate.

e) The Letter of Credit shall secure the performance of the Company's payment obligations under this agreement. In the event that the Company at any time fails to comply with its payment obligations under this agreement, the Region may, in addition to any other remedy to which the Region is entitled:

i) draw upon the Letter of Credit for the amount that is required to satisfy the Company's payment obligations under this agreement and apply any funds obtained from such draw towards such payment obligations if, after providing the Company with 10 days notice in writing of its failure to comply with its payment obligations, the Company has not rectified such failure;

ii) pursue any and all remedies available to it in law and in equity to collect all amounts owing by the Company under this agreement where the Letter of Credit is not sufficient to satisfy the amounts owing; and

iii) terminate this agreement in accordance with its provisions, in which case the Company shall be required to comply with the By-law in all respects.

f) Any draw upon the Letter of Credit by the Region under this agreement shall not relieve the Company from its obligations hereunder.

g) The Region shall release the Letter of Credit:

i) if the Commissioner of Public Works and the Treasurer and Commissioner of Finance of the Region determine, in their sole discretion, that the Company has maintained a good record of payment with the Region pursuant to agreements authorized under Sections 5 of the By-law for a period of two consecutive years; or,

ii) as soon as reasonably possible following the expiry or effective date of termination of this agreement, if all payment obligations of the Company under this agreement have been satisfied in full,

whichever shall occur first.

6. The discharge of sewage by the Company from the said premises containing suspended solids, B.O.D., solvent extractable matter of animal or vegetable origin, in excess of the limits set out in paragraph 3 shall constitute a contravention of this agreement and thus a contravention of the By-law.

7. In determining the quality of sewage for the purposes of this agreement, the volume of any stormwater or any water which is required to be deducted for the purposes of Sub-section 5(1) of the By-law shall be deducted and Standard Methods as defined in the By-law shall be used.

8. This agreement may be terminated by the Region immediately at any time upon written notice provided to the Company in accordance with paragraph 18, in the event the Company discharges effluent in excess of the limits provided by paragraph 3.

9. This agreement may be terminated by the Region at any time on three weeks written notice provided to the Company in accordance with paragraph 18 if, in the opinion of the Commissioner of Public Works of the Region, one or more of the following has occurred, is occurring or is about to occur, whether continuously or otherwise:

(a) the matter discharged by the Company is causing damage or about to cause damage to the sewers;

(b) the matter discharged by the Company is causing or about to cause detriment to the environment, health or safety of any person;

(c) the matter discharged by the Company is materially increasing maintenance costs to the Region;

(d) the matter discharged by the Company is causing or about to cause damage to or a dangerous condition in the sewage treatment process or the treatment works;

(e) a need exists for a program or system to be introduced or installed by the Company to prevent, reduce or control the discharge of matter into sewage works by way of a compliance program as set out in the By-law;

(f) the treatment facility or capacity is unable to meet with the volume or waste concentration of effluent collectively discharged into the sewers by all dischargers;

(g) the charges which the Company has covenanted and agreed herein to pay have been in default for not less than 90 days;

(h) the matter discharged by the Company is causing a health or safety hazard to a sewage works employee;

(i) the matter discharged by the Company is causing damage to the sewers, materially increasing their maintenance costs or causing a dangerous condition;

(j) the matter discharged by the Company is causing damage to the sewage treatment process or causing a dangerous condition in the treatment works;

(k) the matter discharged by the Company is causing the sludge from the sewage works, to fail to meet criteria relating to contaminants for spreading the sludge on agricultural lands under Ontario's Guidelines for Sewage Sludge Utilization on Agricultural Lands (as revised January, 1986);

(l) the matter discharged is causing the sewage works effluent to contravene any requirement by or under the Ontario Water Resources Act, as amended, the Environmental Protection Act (Ontario), as amended, or any other applicable law;

(m) the matter discharged is causing a hazard to any person, animal, property, or vegetation;

(n) the matter discharged is contrary to the By-law in any way other than as provided herein;

(o) where required to do so pursuant to the terms of this agreement, the Company has failed to provide, maintain, renew or replace the Letter of Credit in accordance with the terms of this agreement.

10. This agreement may be terminated by the Region immediately at any time upon written notice provided to the Company in accordance with paragraph 18, where there is an emergency situation of immediate threat or danger to any person, property, plant or animal life, or waters.

11. This agreement may be terminated by the Company at any time on ninety days written notice provided to the Region in accordance with paragraph 18 of this agreement.

12. Except as herein otherwise expressly provided, the Company shall conform to the provisions of the By-law and, in the event of termination of this agreement, the Company shall conform to all provisions of the By-law.

13. The Company covenants and agrees for itself, its successors and assigns that it shall forever release, remise, and discharge the Region from any claims, costs, injuries, damages, renovation costs, business losses or any damages that may arise from the early termination of this agreement, and shall not bring any action, suits, or proceedings against the Region arising from such termination.

14. The Company agrees that the Region shall be permitted to monitor the effluent at the expense of the Company and shall have the right of immediate access to the Company's premises at any time without hindrance and that the Region shall be allowed to install such devices or appurtenances or meters at any location to monitor the quantity and quality of the matter being discharged and to do such things and conduct such tests as it may deem desirable to promote compliance with the By-law or the agreement herein.

15. This agreement shall not be assigned or transferred by the Company without the prior written consent of the Region.

16. The covenants and agreements contained in paragraph 13 herein shall survive the termination or early termination of this agreement.

17. In the event that any provision of this agreement is held invalid, illegal or unenforceable, the remaining provisions of the agreement will not be effected and shall continue in full force and effect.

18. Any notice required or permitted to be given by either party to the other shall be in writing and shall be deemed to have been sufficiently and effectually given if delivered by hand or sent by prepaid registered mail addressed as follows:

(a) in the case of the Region:

The Regional Municipality of Peel
10 Peel Centre Dr.
Brampton, Ontario
L6T 4B9
Attention: Commissioner of Public Works

(b) in the case of the Company:

Attention:

or such other address of which either party may, from time to time, notify the other in writing. Any such notice, if delivered by hand, shall be deemed to have been given and received on the date it is so delivered and, if sent by prepaid registered mail, shall be deemed to have been given and received on the fifth calendar day following the date of mailing thereof.

19. This agreement shall enure to and be binding upon the Region and the Company and their respective successors and permitted assigns.

IN WITNESS WHEREOF the parties hereto have executed this agreement by their duly authorized signing officers

THE REGIONAL MUNICIPALITY OF PEEL Per:_________________________________ Name: Title: Commissioner of Public Works I have authority to bind the Corporation pursuant to By-law 39-2001 [INSERT NAME OF COMPANY] Per:_________________________________ Name: Title: Per:_________________________________ Name: Title: I / We have authority to bind the Corporation

SCHEDULE "D" TO BY-LAW 90-90

THE REGIONAL MUNICIPALITY OF PEEL

LETTER OF COMPLIANCE PROGRAM

Name of Company:___________________
(the "Company")

Address: (the "Premises") Date:_____________

Attention of: ____________________________________

COMPLIANCE PROGRAM NUMBER __________________________________

In accordance with the provisions of Section 6 of By-law 90-90 of The Regional Municipality of Peel and amendments thereto (the "By-law"), the Regional Municipality of Peel (the "Region") hereby grants to the Company a compliance program (the "Compliance Program") for the Premises as follows:

1. During the period covered by this Compliance Program only, the quality of the _______________________ (sewage, uncontaminated water, or stormwater) discharged by the Company from the Premises to the _______________ (sanitary or storm) sewer system or land drainage works may not comply with the limits set by the By-law with respect to the parameters listed below, provided that they shall not exceed the following limits at any time:

2. In the event that the parameters in paragraph 1 of this Compliance Program include suspended solids, biochemical oxygen demand ("B.O.D.") or solvent extractable matter of animal or vegetable origin, the Company shall be required to enter into an agreement with the Region, as authorized under Section 5 of the By-law, (the "Surcharge Agreement") and to pay such fees and comply with such other provisions as provided for therein.

3. The discharge of ________________ (sewage, uncontaminated water or stormwater) by the Company from the Premises containing the parameters listed in paragraph 1 of this Compliance Program in excess of the limits listed in paragraph 1 shall constitute a contravention of this Compliance Program and thus a contravention of the By-law.

4. In determining the quality of sewage for the purposes of this Compliance Program, the volume of any stormwater or any water which is required to be deducted for the purposes of Sub-section 5(1) of the By-law shall be deducted and Standard Methods as defined in the By-law shall be used.

5. The Compliance Program may be terminated by the Region at any time on 30 days written notice provided to the Company in accordance with paragraph 15 if, in the opinion of the Commissioner of Public Works of the Region, one or more of the following has occurred, is occurring or is about to occur, whether continuously or otherwise:

(a) the matter discharged by the Company is causing damage or about to cause damage to the sewers;

(b) the matter discharged by the Company is causing or about to cause detriment to the environment or health of the inhabitants;

(c) the matter discharged by the Company is materially increasing maintenance costs to the Region;

(d) the matter discharged by the Company is causing or about to cause damage to or a dangerous condition in the sewage treatment process or the treatment works;

(e) the treatment facility or capacity is unable to meet with the volume or waste concentration of effluent collectively discharged into the sewers by all discharges in the Region of Peel;

(f) where the parameters listed in paragraph 1 of this Compliance Program include suspended solids, B.O.D. or solvent extractable matter of animal or vegetable origin and the Company has entered into a Surcharge Agreement, the Company fails to comply with any of the provisions of the Surcharge Agreement, or the Surcharge Agreement is terminated pursuant to its terms, or expires without being replaced immediately thereafter by a further Surcharge Agreement;

(g) the matter discharged is causing a health or safety hazard to a sewage works employee;

(h) the matter discharged is causing damage to the sewers, materially increasing their maintenance costs or causing a dangerous condition;

(i) the matter discharged is causing damage to the sewage treatment process or causing a dangerous condition in the treatment works;

(j) the matter discharged is causing the sludge from the sewage works, to fail to meet criteria relating to contaminants for spreading the sludge on agricultural lands under Ontario's Guidelines for Sewage Sludge Utilization on Agricultural Lands (as revised January, 1986);

(k) the matter discharged is causing the sewage works effluent to contravene any requirement by or under the Ontario Water Resources Act, as amended or the Environmental Protection Act (Ontario), as amended;

(l) the matter discharged is causing a hazard to any person, animal, property, or vegetation;

(m) the matter discharged is contrary to the By-law in any way other than as provided herein.

(The above clauses should be appropriately changed if the compliance program is being issued for the discharge of stormwater.)

6. This Compliance Program may be terminated by the Region immediately at any time upon written notice provided to the Company in accordance with paragraph 15, in the event the Company discharges effluent in excess of the limits provided by paragraph 1 of this Compliance Program.

7. This Compliance Program may be terminated by the Region immediately at any time upon written notice to the Company in accordance with paragraph 15, where there is an emergency situation of immediate threat or danger to any person, property, plant or animal life, or waters.

8. This Compliance Program may be terminated by the Company at any time on ninety days written notice provided to the Region in accordance with paragraph 15.

9. Except as herein otherwise expressly provided, the Company shall conform to the provisions of the By-law and, in the event of termination of this Compliance Program, the Company shall conform to all provisions of the By-law.

10. The Company covenants and agrees for itself, its successors and assigns that it shall forever release, remise, and discharge the Region from any claims, costs, injuries, damages, renovation costs, business losses or any damages that may arise from the early termination of this Compliance Program, and shall not bring any action, suits, or proceedings against the Region arising from such termination.

11. The Company agrees that the Region shall be permitted to monitor the effluent at the expense of the Company and shall have the right of immediate access to the Premises at any time without hindrance and that the Region shall be allowed to install such devices or appurtenances or meters at any location to monitor the quantity and quality of the matter being discharged and to do such things and conduct such tests as it may deem desirable to promote compliance with the By-law or the Compliance Program herein.

12. This Compliance Program shall not be assigned or transferred by the Company without the prior written consent of the Region.

13. The covenants and agreements contained in paragraph 10 herein shall survive the expiry or early termination of this Compliance Program.

14. In the event that any provision of this Compliance Program is held invalid, illegal or unenforceable, the remaining provisions will not be affected and shall continue in full force and effect.

15. Any notice required or permitted to be given by either party to the other shall be in writing and shall be deemed to have been sufficiently and effectually given if delivered by hand or sent by prepaid registered mail addressed as follows:

(a) in the case of the Region:

The Regional Municipality of Peel
10 Peel Centre Dr.
Brampton, Ontario
L6T 4B9
Attention: Commissioner of Public Works

(b) in the case of the Company:

Attention:

or such other address of which either party may, from time to time, notify the other in writing. Any such notice, if delivered by hand, shall be deemed to have been given and received on the date it is so delivered and, if sent by prepaid registered mail, shall be deemed to have been given and received on the fifth calendar day following the date of mailing thereof.

16. This Compliance Program shall enure to and be binding upon the Region and the Company and their respective successors and permitted assigns.

17. This Compliance Program shall remain in force until ________________ provided the following timetable is adhered to, failing which the Region shall have the right to immediately terminate this Compliance Program upon written notice provided to the Company in accordance with paragraph 15 :

18. The Company must take all necessary steps to ensure that all other provisions, conditions and parameters listed in the By-law are complied with as there are no other exemptions.

19. The Company acknowledges its acceptance of this Compliance Program by signing and returning it to the Region within 30 days of the date shown above.

20. This Compliance Program becomes effective upon execution by both parties by their duly authorized signing officers and, where the Company is required to enter into a Surcharge Agreement pursuant to paragraph 2 hereof, upon the Parties entering into such Surcharge Agreement.

THE REGIONAL MUNICIPALITY OF PEEL Per: _________________________________ Name: Title: Commissioner of Public Works I have authority to bind the Corporation pursuant to By-law 39-2001 Signed and Accepted by: [Insert Company name] Per: _________________________________ Name: Title: Per: _________________________________ Name: Title: I/We have authority to bind the Corporation