Municipal Connection Requirements
November 1st, 2019 by SNJ
In 2009, amendments were made to the Onsite Wastewater Management Systems Regulation (MR 83/2003). These regulations were developed to enhance the protection of water quality throughout the Province. One of the amendments included requirements for new and existing onsite wastewater systems to be decommissioned and for wastewater sources to be connected to wastewater collection systems, where available, within five years.
The Regulations require that wastewater collection systems installed in an area not previously serviced by a wastewater collection system must be decommissioned and taken out of service by the property owner. Onsite wastewater management systems must be disabled and a connection to the wastewater collection system must be made before the EARLIER of:
1. Five years following the system being installed; OR
2. The property is transferred or subdivided.
If the owner has failed to connect and/or decommission and take out of service the onsite wastewater management system prior to transfer, the new owner will then have two years to comply with any measures outstanding.
If a person owned land that was serviced by a wastewater collection system and they had not connected to that system prior to the regulations coming into force in 2009, they were required to connect to that system as well as decommission and take it out of service within five years following the regulations coming into force (2014) or upon transfer. If the transfer occurred and the owner did not complete both of these requirements, upon transfer, the onus switched to the new owner who was required to complete the incomplete actions within two years following the change of ownership.
Additionally, the regulations provide that no person shall, construct, install, site, locate, replace, expand or modify an onsite wastewater management system in whole or in part, without first submitting a proposal for registration to the Director of Manitoba Sustainable Development or an environment officer, paying the required fees and receiving their authorization to proceed.
However, they must refuse the proposal if the onsite wastewater management system is in an area serviced by a wastewater collection system or a disposal field is in an area expected to be serviced by a wastewater collection system within five years of the date the proposal was received.
Failure to connect by the given deadlines or before the transfer or subdivision of land is an offence under The Environment Act and the offending party could face severe penalties.
HOW WE CAN HELP:
We understand that these issues are very complex and could potentially result in significant costs to property owners. As a law firm that services rural clients, we keep ourselves up to date on these issues and would like to help you avoid the potential liability associated with breaches of these regulations. Please feel free to contact one of our lawyers for more information on the rules affecting sewage disposal, or to discuss how these new rules may affect you.
Notice: The articles on our website are provided for general information purposes only and should not be relied upon as legal advice or opinion. They reflect the current state of the law as at the date of posting on the website, and are subject to change without notice. If you require legal advice or opinion, we would be pleased to provide you with our assistance on any of the issues raised in these articles.
