PART V WASTE MANAGEMENT
Security Fund
47 (1) There shall be an account in the Consolidated Revenue Fund to be known in English as “The Waste Well Disposal Security Fund” and in French as “Caisse de garantie des propriétaires de puits d’élimination des déchets”, referred to in this section as the “Fund”, into which shall be paid the prescribed fees received under this Act.  R.S.O. 1990, c. E.19, s. 47 (1). Interest (2) Interest shall be credited to the Fund out of the Consolidated Revenue Fund at a rate to be determined from time to time by the Lieutenant Governor in Council, and such interest shall be made up at the close of each fiscal year upon the balance in the Fund at the end of the previous calendar year.  R.S.O. 1990, c. E.19, s. 47 (2). Owner of waste disposal well to pay fee (3) The owner of every well that is a waste disposal site shall pay a fee calculated upon the amount and type of waste disposed of in the well.  R.S.O. 1990, c. E.19, s. 47 (3). Fee paid to Minister of Finance (4) The fee shall be paid to the Minister of Finance for payment into the Fund.  R.S.O. 1990, c. E.19, s. 47 (4); 2001, c. 9, Sched. G, s. 5 (22). Calculation and payment of fee (5) The fee shall be at the rate or rates prescribed by the regulations, shall be paid upon the amount and type of waste disposed of in the well in each calendar year and shall be paid in advance in each calendar year.  R.S.O. 1990, c. E.19, s. 47 (5). Estimate by Director (6) The Director shall estimate the amount of the fee for each calendar year based upon the amount and type of waste disposed of in the well in the previous calendar year and where waste was not disposed of in the well in the previous calendar year the Director shall estimate the fee on the basis of the amount and type of waste that in the Director’s opinion will be disposed of in the well in the current calendar year and may revise such estimate at any time before payment of the estimated fee as required by subsection (7).  R.S.O. 1990, c. E.19, s. 47 (6). Payment of estimated fee (7) The estimated fee for each calendar year shall be paid within thirty days after receipt of the notice or revised notice by the owner of the well of the amount of the fee estimated by the Director.  R.S.O. 1990, c. E.19, s. 47 (7). Adjustment of fee (8) At the end of each calendar year, the Director shall calculate the amount of the fee for the year and, (a) where the fee estimated and paid for the year is less than the calculated fee, the Director shall add the difference to the estimated fee for the next calendar year or may, by a notice in writing, require the owner of the well to pay the difference forthwith to the Minister of Finance; and (b) where the fee estimated and paid for the year is greater than the calculated fee, the Director shall deduct the difference from the estimated fee for the next calendar year or may certify to the Minister of Finance the amount of such difference and the Minister of Finance shall pay such amount to the owner of the well.  R.S.O. 1990, c. E.19, s. 47 (8); 2001, c. 9, Sched. G, s. 5 (22). Person suffering damage to be compensated (9) Where the water in any well, lake, river, pond, spring, stream, reservoir or other water or watercourse that any person takes for ordinary household purposes or for the watering of livestock, poultry, home gardens or lawns, or for the watering or irrigation of crops grown for sale, is rendered unfit for such use by reason of the operation of any well that is a waste disposal site, the person is entitled to be compensated out of the Fund so far as the Fund is sufficient for that purpose, having regard to any other charges thereon, if the person gives notice to the Director forthwith after becoming aware that the water has been rendered unfit and makes a claim therefor under subsection (10) within six months, or such longer period of time as may be determined by the Director, from the date that the Director received the notice that the water has been rendered unfit.  R.S.O. 1990, c. E.19, s. 47 (9). Claim for compensation (10) A person claiming to be entitled to compensation out of the Fund shall make application therefor to the Director in writing, setting out therein the person’s full name and address and the particulars of the person’s claim and shall furnish to the Director such additional information with respect to the subject-matter of the claim that the Director may require and that is within the person’s knowledge.  R.S.O. 1990, c. E.19, s. 47 (10). Determination by Director (11) The Director shall investigate or cause an investigation to be made and shall determine whether there are reasonable grounds for believing that the water referred to in subsection (9) has been rendered unfit for any of the purposes set out therein and for which it was used and that it has been rendered unfit by the disposal of waste in any well that is a waste disposal site and in such case shall determine the amount of the claimant’s reasonable and necessary expenses incurred in obtaining a temporary or permanent alternate supply of water substantially equivalent in quantity and quality to such water.  R.S.O. 1990, c. E.19, s. 47 (11); 2005, c. 12, s. 1 (12). Director’s certificate (12) The Director shall set out his or her determination in a certificate together with written reasons therefor and send a copy thereof to the claimant by registered mail at the address set out in the application.  R.S.O. 1990, c. E.19, s. 47 (12). When certificate final (13) The certificate of the Director is final at the end of thirty days from the date of mailing it to the claimant unless notice of appeal is served within that time.  R.S.O. 1990, c. E.19, s. 47 (13). Appeal (14) The claimant may appeal to the Tribunal at any time before the certificate of the Director becomes final and the procedure thereon shall be the same as upon an appeal from an order of the Director under Part XIII.  R.S.O. 1990, c. E.19, s. 47 (14); 2000, c. 26, Sched. F, s. 12 (12). Payment out of Fund (15) Where the Director has sent the certificate by registered mail to the claimant and the time for any appeal has expired or, where an appeal is taken, it is disposed of, and it is finally determined that the claimant is entitled to payment of compensation out of the Fund, the Director shall certify to the Minister of Finance the sum found to be payable and the Minister of Finance shall pay such sum to the claimant out of the Fund.  R.S.O. 1990, c. E.19, s. 47 (15); 2001, c. 9, Sched. G, s. 5 (22). Recovery of money (16) Where a claimant who has received any payment out of the Fund recovers any money directly or indirectly from the owner of a well that is a waste disposal site, in respect of the expenses for which the payment was made out of the Fund, the claimant shall repay to the Minister of Finance for credit to the Fund an amount equal to the payment out of the Fund or the money received from the owner of the well, whichever is the lesser, and such amount may be recovered with costs in any court of competent jurisdiction as a debt due to the Crown.  R.S.O. 1990, c. E.19, s. 47 (16); 2001, c. 9, Sched. G, s. 5 (22). Recovery of fees owing (17) Any fee or any difference between the estimated fee and the calculated fee referred to in clause (8) (a) that is payable under this section may be recovered in any court of competent jurisdiction as a debt due to the Crown.  R.S.O. 1990, c. E.19, s. 47 (17). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. F, s. 12 (12) - 06/12/2000 2001, c. 9, Sched. G, s. 5 (3, 4) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011; 2001, c. 9, Sched. G, s. 5 (22) - 29/06/2001 2005, c. 12, s. 1 (12)
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