“YOU ASKED” What happens to the property owners who refuse to participate in the mandatory program?

After 8 years of contacting properties owners to participate in the first cycle of the HK-CSI program, it was expected that not all properties will be inspected voluntarily. Since the program began in 2007 more than 2,900 septic systems (including pit privies/outhouses) have been inspected, leaving less than 50 systems uninspected. Many questions regarding the consequences for property owners who refuse to participate in the mandatory program have been asked. You asked, we answered!

What will happen as a result of a property refusing to participate in the mandatory program?

1. A Notice of Non-Compliance will be sent via registered mail to the property owners with an outstanding inspection. The Notice will provide a deadline for completing an inspection 
2. Failure to have an inspection completed by the deadline will result in an Order (under the Building Code Act) for an inspection issued against the property. 
3. Failure to comply with the Order will result in the inspection being completed by the Chief Building Official and HKCSI program Inspector. 
4. A lien will be placed on the property to recover the costs associated with issuing an order and conducting the inspection. 
5. Property owners who do not comply with the Order may be subject to a penalty of up to $50,000, as legislated under the Building Code Act. 

Does the Township have the authority to issue an Order for an inspection under the Building Code Act?

The answer to this is: Yes, they have the authority under the Building Code Act.

The municipality has the authority to institute a septic maintenance inspection program under the Building Code Act. In the Building Code Act (Section 15.10.1(1)), it is stated that: “an inspector may enter upon land and into a building at any reasonable time without a warrant for the purpose of conducting a maintenance inspection”. Sewage systems are considered buildings and therefore, under Section 15.10.1(2), an order may be made if the inspector is not permitted to conduct the maintenance inspection, as denying permission would be considered a contravention of the Act.

Huron-Kinloss Community Septic Inspection Program: Summary on the First Round of Inspections (2007-2014)

The Huron-Kinloss Community Septic Inspection Program has completed its first cycle of inspections. Over the eight year cycle, 2,940 inspections were completed and data was collected regarding the conditions and details of these systems. Using this information the systems were assigned a risk assessment rating. Approximately 50 properties (1.7%) have not had an inspection completed for various reasons. Acceptance of the program and cooperation of property owners was very high with only three owners refusing to participate. This program is mandatory under a municipal by-law, and non-participating property owners will be dealt with under the appropriate legislation.

Although mandatory, the Program was conducted using a voluntary-cooperative approach. This was successful as property owners had their systems pumped out, made an appointment, and attended the inspection. This allowed them to gain knowledge from the inspector about their septic system, its operation, and maintenance techniques like cleaning effluent filters. Other education opportunities, such as septic socials, Environmental Days, information pamphlets, and interactions with the inspector, contributed to the success of the program.

The program identified 4-5% of the inspected septic systems as being seriously compromised with a requirement for owners to replace the systems. Systems requiring repairs (420 systems) were also identified. The repairs were discussed with property owners and identified in the inspection report. Repairs to these systems will allow them to function properly and last until a total system replacement is required. The program instituted a system to follow up on these repairs on a voluntary basis, which has worked well. These repairs will be subject to follow up during the second round of inspections.

A significant number of septic systems in the Township have surpassed the expected life of a system. Almost fifty percent are older than 25 years. The average of a system given the medium-age rating is 43 years. One of the reasons that systems have reached these ages is that the lakeshore area of the Township was, for many years, a predominately seasonal area. Usage has expanded to multi-seasonal and permanent and it is expected that many of these older systems are strained under higher usage. We would expect an increasing trend to problems and failures as the systems age. Given the soil types and small lots in many areas of the lakeshore, we also expect a number of the replacement systems will be advanced treatment units (tertiary systems). These are more complicated, require annual inspections and sometimes sampling, and it is imperative that they are properly maintained. If these systems fail to operate as designed, it leads to environmental issues.

Finally, the HKCSI program is really an asset management plan. The assets are the septic systems, and while they are on private property, the Township is responsible for issuing them a permit and making sure that they operate in the future. Failure to operate as designed can lead to environmental and public health issues and even the loss of the ability to inhabit a residence. At an average, conservative cost of $15,000 per system, there are $45,000,000 in systems present in the Township. The cost of the HKCSI program, with two pump-outs over the eight year cycle, equates to an annual cost of about three-quarters of one percent of the value of the asset. The HKCSI program represents good value for property owners and good due diligence by the Township. 

A full copy of the summary on the first round of inspections can be found here: 

http://www.huronkinloss.com/public_docs/documents/HKCSI-Program-Cycle1.pdf