and Council / et au Conseil
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice
municipale adjointe, Infrastructure Services and Community
Sustainability/Services d 'infrastructure et Viabilité des collectivités
Contact Person/Personne ressource : Wayne Newell, General
Manager/Directeur général, Infrastructure Services/Services des infrastructures
(613) 580-2424 x16002,
Wayne.Newell@ottawa.ca
|
Ref N°: ACS2011-ICS-INF-0006 |
SUBJECT:
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OBJET :
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PLAN D’ACTION DE L’ENQUÊTE SUR L’INONDATION
DU 24 JUILLET 2009 DANS LE SECTEUR OUEST DE LA VILLE |
That the Environment Committee recommend
Council approve the Action Plan as outlined in Document 1.
Que le Comité de
l’environnement recommande au Conseil d’approuver le plan d’action tel qu’il
est exposé dans le Document 1.
EXECUTIVE SUMMARY
Following
flooding in the City’s west-end on 24 July 2009, Council directed City staff to
undertake a comprehensive investigation to confirm the cause of flooding and
identify solutions to reduce the risk of future flooding occurrences. The investigation was carried out in five
phases: Phase 1 - Background data collection; Phase 2 - Assessment and problem
definition; Phase 3 - Identification and evaluation of alternative solutions;
Phase 4 - Development and approval of an action plan; and Phase 5 -
Implementation of the approved action plan.
This
report details the steps taken to date, puts forward an action plan for Council
approval (Document 1), and reports on a two-stage peer review on the
recommended approach for addressing flooding in the impacted areas.
The
scope of the investigation included all west end locations that experienced
flooding. The focus was on affected
areas where flooding resulted in damage to private properties or to City
infrastructure.
The investigation included public input, field assessments, detailed
topographical surveys, fog testing of sanitary sewer systems to confirm the
presence of cross-connections or undesired infiltration sources, basement
elevation surveys and camera inspections of the sewer system at selected
locations. For all areas, the
investigation focused on the evaluation of conceptual technical solutions using
detailed hydraulic models (adjusted to recreate the 24 July 2009 conditions)
that were developed for the affected areas.
These models were used to confirm modes of flooding and assess various
alternative solutions to select preferred measures.
Given the extent of flooding and complexities involved in the Glen Cairn
area, the investigation followed the Class Environmental Assessment (EA)
process. Through this comprehensive
process, a number of alternative solutions were evaluated and preferred
solutions identified. This information
was presented at 2 public meetings. In
addition, the evaluation was subject to a Value Engineering process, comprised
of recognized experts in the field undertaking an independent assessment of the
alternative solutions. A Public Advisory
Committee (PAC) was also established and was instrumental in providing
information related to the flooding event and ensured information presented to
the public was communicated effectively. Further, the investigation was also subject to
a Peer Review by Greenland International Consulting Ltd, coordinated by the City Manager and Deputy
City Manager, Infrastructure Services and Community Sustainability (ISCS).
In total, $32M has been identified for improvements to reduce the risk of flooding in the City’s west-end. As directed by Council, the City has already begun implementing measures that will increase the level of protection and reduce the risk of future occurrences. The intent is to continue to implement flood protection measures in a timely manner.
Financial Implications
To support the implementation of the recommended flooding improvement measures, $4M was approved as part of the 2010 Capital Budget (account 905553), an additional $6.8M as part of the 2011 Capital Budget and the balance will be subject to approval of the 2012 Draft Capital Budget.
Public Consultation/Input
Extensive
public consultation has occurred as part of the overall flooding investigation
process. A total of 12 Public Meetings
have taken place since the July 24, 2009 flooding event.
A
Public Advisory Committee was established for the Kanata South area. This committee was engaged throughout the investigation process and was instrumental in
providing information related to the flooding event and ensure information
presented to the public was communicated in a meaningful way.
Further
public consultation also took place when the Glen Cairn Environmental
Assessment report was filed for the 30-day public review. This process was
completed on 4 April 2011.
RÉSUMÉ
Hypothèses
et analyse
En raison des inondations survenues dans l’ouest de la
Ville le 24 juillet 2009, le Conseil avait demandé au personnel de la
Ville d’entreprendre une enquête approfondie pour confirmer la cause de ces
inondations et trouver des solutions permettant de réduire le risque
d’inondations futures. Cette enquête a ensuite été menée en cinq phases :
phase 1 – collecte des données relatives au contexte; phase 2 –
évaluation et détermination du problème; phase 3 – définition et
évaluation de solutions de rechange; phase 4 – élaboration et adoption
d’un plan d’action; phase 5 – mise en œuvre du plan d’action adopté.
Ce rapport décrit en détail les mesures prises à ce
jour, propose un plan d’action à faire approuver par le Conseil (document 1) et
présente un compte rendu de l’examen professionnel en deux étapes portant sur
l’approche recommandée pour régler le problème des inondations dans les zones
touchées.
L’enquête de la Ville concernait tous les secteurs de
l’ouest de la ville qui ont été inondés, l’accent ayant été mis sur les zones
où l’inondation avait occasionné des dégâts matériels aux propriétés privées ou
aux infrastructures de la Ville.
Cette enquête comprenait la consultation du public,
des évaluations sur le terrain, des levés topographiques détaillés, de tests de
fumée permettant de détecter dans les systèmes d’égout séparatif la présence de
raccordements croisés et les sources d’infiltration indésirables, des levés sur
la hauteur des soussols et des inspections par caméra du réseau d’égouts à des
endroits précis. L’enquête était axée sur l’évaluation de solutions techniques
et conceptuelles au moyen de modèles hydrauliques détaillés, adaptés pour
recréer les conditions présentes le 24 juillet 2009 et élaborés pour
les secteurs touchés par les inondations. Ces modèles ont été utilisés pour
établir le mécanisme des inondations et évaluer les diverses solutions afin de
choisir les mesures à privilégier.
Vu l’importance et la complexité des inondations dans
le secteur Glen Cairn, l’enquête a été réalisée selon la méthode du processus
d’évaluation environnementale de portée générale. Au cours de ce vaste
processus, un certain nombre de solutions ont été évaluées, et certaines ont
été retenues. Ces informations ont fait l’objet de deux réunions publiques. De
plus, ce même processus d’évaluation a fait l’objet d’un processus d’analyse de
coûts, dans le cadre duquel des experts reconnus dans leur domaine ont
entrepris une évaluation indépendante des solutions. On a également mis sur
pied un comité de consultation publique, qui a grandement contribué à fournir
des renseignements sur les inondations et à voir à ce que les renseignements
présentés au public soient communiqués de manière efficace. L’étude a également
fait l’objet d’une évaluation par les pairs réalisée par la société Greenland
International Consulting Ltd. et coordonnée par le directeur municipal et la
directrice municipale adjointe, Services d’infrastructure et Viabilité des
collectivités (SIVC).
En tout, le coût des travaux prévus pour réduire les
risques d’inondation dans la partie ouest de la ville s’élèvent à
32 millions de dollars. À la demande du Conseil, la Ville a déjà mis en
œuvre des mesures dans le but d’améliorer le niveau de protection contre les
inondations et de réduire le risque que la situation se répète. L’objectif est
de mettre en œuvre les mesures de protection contre les inondations le plus tôt
possible.
Incidences financières
Pour soutenir la mise en œuvre des mesures de
protection recommandées pour contrer les inondations, une somme de 4 M$ a
été approuvée dans le budget d’immobilisations de 2010 (compte 905553) et
6,8 M$ de plus dans le budget d’immobilisations de 2011. Les montants
restants devront être approuvés dans le budget d’immobilisations provisoire de
2012.
Consultation publique
Une vaste consultation publique s’est déroulée
dans le cadre de l’enquête sur l’inondation. En tout, il y a eu douze réunions
publiques depuis l’inondation du 24 juillet 2009.
Un comité de consultation formé du public a été
mis sur pied dans le secteur de Kanata Sud. Ce comité a
été impliqué tout au long du processus d’enquête. Il a permis de recueillir de
l’information sur l’inondation du 24 juillet et il a vu à ce que les
renseignements soient communiqués de façon pertinente à la population.
D’autres consultations publiques se sont
déroulées lors du dépôt du rapport d’évaluation environnementale de Glen Cairn
aux fins d’examen public de 30 jours. Cette démarche a pris fin le 4
avril 2011.
BACKGROUND
On 24 July 2009, parts of the City of Ottawa experienced a significant
rainstorm (over 100 mm of rain in a 24-hour period in some areas) resulting in
nearly 1,500 flooded basements and sewer backups, overflows at two sewage
pumping stations, and seven culvert failures.
These occurred primarily in the City’s west end, mainly in Ward 4 -
Kanata North (Beaverbrook), Ward 5 - West Carleton-March (Carp Village), Ward 6
- Stittsville, and Ward 23 - Kanata South (Katimavik and Glen Cairn). At the direction of Council, an
investigation, led by the Infrastructure Services Department (ISD) and
supported by several City departments, was initiated to understand why flooding
occurred, what can be done to reduce the risk of future occurrences and to
implement solutions.
The investigation was carried out in five phases:
Phase 1 - Background data collection; Phase 2 - Assessment and problem
definition; Phase 3 - Identification and evaluation of alternative solutions;
Phase 4 - Development and approval of an action plan; and Phase 5 -
Implementation of the approved action plan.
The scope of the investigation included all west end locations that
experienced flooding. The focus was on
affected areas where flooding resulted in damage to private properties or to
City infrastructure. While heavy
rainfall and flooding also occurred in other parts of the City, impacts in
other areas was isolated and dispersed.
These isolated cases are subject to separate investigations on an
individual basis.
On 2 September 2009, staff provided Council with a verbal
update on the flood investigation. In recognition that it was only about five
weeks after the flooding, the update was limited to staff’s preliminary
determination of the causes of the floods, flooding statistics including
historical occurrences and follow up mitigation measures, design standards,
statistics of the 24 July 2009 rainfall event, the work plan for the flood
investigation and the peer review process being led by the City Manager’s
Office.
On 22 January 2010, staff provided a memo to the Mayor and
Members of Council with a copy of the Phases 1 and 2 Summary Report. This report provided a summary of the background
information collected and reviewed for the affected areas, including the
evolution of design standards, the main causes of basement flooding and sewer
backups, and the focus for Phase 3 – identification of solutions to reduce the
risk of future flooding occurrences. The
memo also included preliminary cost estimates for consideration as part of the
2010 capital budget with the understanding that final estimates would be
refined as part of Phase 3.
On 18 November 2010, the Planning and Environment Committee
received as status update on the Action Plan related to the July 24, 2009 West-End
Flooding (ACS2010-ICS-INF-0011) and approved the following recommendations:
1. That
Environmental Services staff be instructed to:
a) Prepare a
policy on debris in creeks, drainage ditches and other drainage courses to
balance water quality and water flow concerns;
b) Co-ordinate
efforts of staff in other departments and branches, as well as external
agencies, to keep creeks, drainage ditches and other drainage courses free of
unnecessary debris; and
c) Report back to
Planning and Environment Committee on what has been put in place.
2. That Environmental Services launch a
public awareness campaign on drainage issues including the role that surface
accumulation of water during heavy rainfall events, the need to not remove
manhole covers when water accumulates on the surface and what level of debris
is acceptable or even helpful.
Work is ongoing related to the approved recommendations and
Environmental Services will be reporting on the status of those initiatives
under a separate report.
The purpose of this report is to present the final Action
Plan (Document 1).
Flood
Investigation Process
A comprehensive investigation was undertaken to
confirm the cause of flooding and identify solutions to reduce the risk of
future flooding occurrences. This was
undertaken using a combination of staff and engineering consultant
resources. The investigation included public
input, field assessments, detailed topographical surveys, fog testing of
sanitary sewer systems to confirm the presence of cross-connections or
undesired infiltration sources, basement elevation surveys and camera
inspections of the sewer system at selected locations. For all areas, the investigation focused on
the evaluation of conceptual technical solutions using detailed hydraulic
models (adjusted to recreate the 24 July 2009 conditions) that were developed
for the affected areas. These models
where used to confirm modes of flooding and assess various alternative
solutions to select a preferred approach.
As outlined later in this report, public consultation with affected
residents was undertaken throughout the investigation process to seek input, and
to keep residents abreast of the process and the anticipated solutions.
Given the extent of flooding and complexities involved
in the Glen Cairn area, the investigation followed the Class Environmental
Assessment (EA) process. Through this comprehensive
process, a number of alternative solutions were evaluated and preferred
solutions identified. This information
was presented at 2 public meetings. In
addition, the evaluation was subject to a Value Engineering process, comprised
of recognized experts in the field undertaking an independent assessment of the
alternative solutions. This process has
helped to reinforce the selection of the preferred technical solutions. A Public Advisory Committee (PAC) was also
established at the outset by the Ward Councillor for Kanata South. This PAC was engaged throughout the process and
was instrumental in providing information related to the flooding event and ensured
information presented to the public was communicated in a meaningful way. The EA report was filed on 3 March 2011 for a
30-day public comment period which ended on April 4, 2011 and no Part II Orders
were issued to the Ontario Minister of Environment allowing the implementation
of the recommended measures to proceed.
The investigation was also subject to a Peer Review,
coordinated by the City Manager and Deputy City Manager, Infrastructure
Services and Community Sustainability (ISCS).
That review commenced in September 2009 by Greenland International
Consulting Ltd. Greenland’s original scope and schedule was adjusted to
accommodate the introduction of the Class EA process in the fall of 2009.
Greenland’s team spent time with City staff reviewing investigation protocols
and cross referencing data prior to completing an interim draft report of the
“Phase 1 and 2 Report – West End Flooding Investigations – July 24, 2009 Storm
Event Jan 2010”that was delivered in the fall of 2010. Greenland also reviewed the basement flooding
reports and provided recommendations for minor adjustments to the information
to be collected in the future. Based on
their experience in similar assignments in other jurisdictions throughout
Canada, Greenland determined that the City’s data collection and field
investigations were comprehensive providing sufficient information to be used
in Phase 3 and 4. Greenland
recommended that a node by node model be prepared to be used as a tool to
evaluate the problem that occurred and the potential options to be considered. This approach, which has been the most
successful approach used in other jurisdictions in the province (Peterborough,
Barrie, Hamilton, Toronto), was followed by City staff.
In late August 2010, Greenland was invited to attend and
observe the initial session and the final presentation in a three day Value Engineering
Session for the flooding investigation of the Glen Cairn community. There were over 100 alternatives
that were screened in this three day session that Greenland has reported
demonstrate the City’s commitment to resolving the flooding in this neighbourhood.
Greenland
has recently completed an independent review of the EA report. In its technical memorandum, Greenland
summarizes how the EA addresses recommendations they made on the Phase 1 and 2
investigations as well as the public concerns raised in the early meetings. They identified 11 recommendations from their
report on the Phase 1 and 2 investigations and 23 public concerns that had been
documented to be dealt with during Phase 3. Their review has also included key features to
remain focused on when preparing the drawings to implement the main flood
improvement measures. It is Greenland’s
opinion that the City of Ottawa has been thorough in its investigation of the
July 2009 flooding in the Glen Cairn community in the first three phases of its
program and recommended proceeding with the Phase 4 work as described in the
Consolidated Report and Action Plan. Greenland will finalize their review of the
solutions proposed for Glen Cairn along with the Stittsville, Katimavik,
Leacock, and Vanstone clusters during the detailed designs that are being
prepared as part of moving forward with the Implementation Plan.
The
Deputy City Manager’s office also engaged R.V. Anderson Associates Limited for
additional oversight of the peer review process, and confirmed that a sound
process had been undertaken.
Level of Service Objective
The west-end communities that experienced flooding and
sewer backups are largely serviced by separated storm and sanitary sewer
systems with a few locations serviced by roadside ditches. The City's stormwater
and sanitary sewer systems convey flows generated from wastewater discharges
and wet weather influences and were designed and built in accordance with
recognized standards that evolved over time. "Stormwater" means wet weather
runoff that is collected from roads, parks, rooftops, private property and
building footing drains. "Sanitary
sewage" means wastewater that comes from toilets, showers, floor drains,
sinks and other plumbing fixtures.
Since the mid to late 1980’s, there have been significant changes in
the way communities are designed to handle stormwater by introducing the
concept of minor and major storm drainage systems. Minor systems refer to the storm sewers that
are sized and controlled to convey frequent storm events (i.e. rainfall events
with a return frequency less than 5 years).
Major systems refer to the grading of roads and the provision of
stormwater retention facilities that are sized to handle larger less frequent
storm events (i.e. rainfall events with a return frequency up to 100 years,
including the ability to handle historical major storm events). Communities built prior to the mid to late
1980’s include provisions for the minor system (i.e. storm sewers) only. Provisions for the major system only gradually
occurred after this date.
The provision of major system considerations in the design of new
communities has resulted in a significant increase in the level of protection
against property flooding from large and infrequent rainfall events. It has made these communities more resilient
to these events and impacts associated with climate change. For example, this resiliency has been
demonstrated by the limited property flooding that was experienced in new
neighbourhoods of Orléans during significant rainfall events in 1998 and 2006
and in newer areas of Kanata in 2009.
The key is that even though rainfall levels were significant, flows in
these newer communities were controlled and channelled away from private
properties. The challenge is to emulate
this level of resiliency in existing communities given the constraints
associated with the existing conditions (i.e. topography, depressed driveways,
road and lot layouts, etc).
For existing west-end communities, the current levels of service are
based on the standards of when they were built.
When evaluating these existing communities as part of the investigation
process, the objective is to achieve the same level of protection that is
provided in new developments built to current standards wherever possible.
Action Plan
As
directed by Council, the City has already begun implementing measures that will
increase the level of protection and reduce the risk of future
occurrences. The intent is to continue
to implement flood protection measures in a timely manner.
In total, $32M has been identified for improvements to reduce the risk
of flooding in the City’s west-end, as follows:
Table 1 – Recommended Action Plan (Preliminary Cost Estimates and
Schedule)
|
Recommended Measure |
2010 |
2011 |
2012 |
Total |
Status |
|
Replace MH
covers and install ICDs (Kanata, Stittsville and Carp) |
$1,300,000 |
|
|
$1,300,000 |
Started late
fall 2010, to be completed summer 2011 |
|
Correct fog
testing deficiencies (Kanata and Stittsville) |
$650,000 |
|
|
$650,000 |
Started late
fall 2010, to be completed summer 2011 |
|
Glen Cairn
Storm Pumping Station, incl pond
cleaning and expansion as required |
|
$500,000 |
$3,100,000 |
$3,600,000 |
Subject to EA
approval, design 2011 and construction 2012 |
|
Glen Cairn B/W
valves and Sump pumps in zones of influence |
|
$1,000,000 |
$1,675,000 |
$2,675,000 |
Implementation
to take place in 2011 |
|
Glen Cairn
Storm drainage system improvements |
|
$400,000 |
$8,400,000 |
$8,800,000 |
Design in
2011/2012 with some construction starting in 2011 to be completed in 2012 and
2013 |
|
Hazeldean
Sanitary Pumping Station improvements (surcharge control only) |
|
$400,000 |
$4,200,000 |
$4,600,000 |
Design 2011 and
construction 2012 for the surcharge control components only. Provisions
to increase capacity for growth not included and subject to discussion with
PGM. |
|
Leacock
sanitary sewer |
$300,000 |
$4,200,000 |
|
$4,500,000 |
Design and
construction in 2011, possibly extending into 2012 |
|
Cattail creek
drainage improvements |
|
$25,000 |
|
$25,000 |
Scope of
project is being finalized. |
|
Vanstone ditch
and sewer upgrades |
|
$200,000 |
$2,000,000 |
$2,200,000 |
Design 2011 and
construction in 2012 and 2013 |
|
Stittsville
overland flow deficiencies |
|
$75,000 |
$400,000 |
$475,000 |
Design and
construction in 2011 and 2012 |
|
Contingency |
|
|
$3,300,000 |
$3,300,000 |
|
|
|
$2,250,000 |
$6,800,000 |
$23,075,000 |
$32,125,000 |
The total
amount does not include the approximately $6M provisions to increase capacity
for growth. This is beyond the scope
of flood improvements and implementation is subject to discussions with PGM. |
Note: Further details of the Action Plan are contained in Annex 1.
The following provides a status update related to the implementation of the recommended system improvements:
Initiatives completed to date:
· Since July 2009, more than 600 Protective Plumbing Grant Applications have been approved for and installations completed at residences in the impacted areas at a cost of $2.4 million.
Proposed Actions (2011):
Proposed Actions (2012/2013):
Homeowner
Information
Homeowners
can assist in reducing the risk of basement flooding due to sewer backups in a
number of ways. One of the most
effective means is the removal of uncontrolled stormwater from piped
systems. Although, in isolation, one
individual property's contribution might appear insignificant, downspouts from
eaves troughs may be one of the causes of flooding in their basement, their
neighbour's properties or the properties downstream in the sewer system. Another way homeowners can reduce the risk of
flooding is to ensure storm backflow valves are functioning properly and
cleanout caps located in their basement are properly sealed. A qualified plumber can assist with these works,
if required. A checklist has been
developed to assist homeowners with ways of reducing the risk of basement flooding. Residents continue to be encouraged to participate
in the City’s Residential Protective Plumbing Program. Information on these topics is available at
Ottawa.ca or at Client Service Centres.
This investigation extended to affected areas in the rural areas, such
as those impacted by the culvert failures and the flooded basements in the Carp
Village area.
Extensive public consultation has taken place
as part of the overall investigation process.
The following is a summary of the Public Meetings that took place since
the July 24, 2009 flooding event:
-
July 30,
2009 – Stittsville
-
September
12, 2009 – Glen Cairn (South of Carp River)
-
September
12, 2009 – Glen Cairn (North of Carp River)
-
September
12, 2009 – Katimavik
-
October
1, 2009 – Kanata North
-
February
17, 2010 – Stittsville
-
April 14,
2010 – Glen Cairn Community Association meeting
-
May 19,
2009 – Glen Cairn
-
September
7, 2010 – Kanata North
-
September
13, 2010 – Katimavik
-
September
15, 2010 – Glen Cairn
-
November
1, 2010 - Stittsville
A
Public Advisory Committee was established for the Kanata South area. This committee was engaged throughout the investigation process and was instrumental in
providing information related to the flooding event, and ensures information
presented to the public was communicated in a meaningful way.
Further public consultation also took place when the Glen Cairn
Environmental Assessment report was filed for the 30-day public review. This process was completed on 4 April 2011.
WARD COUNCILLOR
COMMENTS
The affected Ward
Councillors are aware of this report.
The implementation of the recommendations contained in the Action Plan
should help to prevent future claims for compensation for damage due to
flooding in the event of another significant rainstorm in the affected
area. However, it should be noted that
neither a decision by City Council to not implement these recommendations nor
an approval of only a portion of the Action Plan would constitute a basis for
liability for future claims. This is in
keeping with the legal analysis set out below.
At the City Council meeting of September 2, 2009, the City Clerk and
Solicitor outlined the basic principles underlying the City’s possible
liability for damage due to flooding and explained that these principles would
form the bases on which any claims for compensation would be evaluated. Historically speaking, flooding claims
against municipalities have been founded either in the law of nuisance or in
the law of negligence. A brief summary
of these follows.
Nuisance
A property owner may claim compensation where another person has
unreasonably interfered with the owner’s quiet use and enjoyment of his or her
property. Nuisance claims can be made
when a person has allowed a dangerous thing or substance to escape from his or
her control and has caused damage to, or otherwise interfered with, someone
else’s property. In the case of
flooding, water would be the substance released from one property that causes
damage to, or otherwise interferes with the quiet enjoyment of, another
property.
In the context of flooding
claims against municipalities, these were historically based on the escape of
water or sewage from water, wastewater and stormwater systems. However, in recognition of the increasing
cost of these types of claims, the Ontario Government amended the Municipal Act
in 1997 to protect municipalities from claims based in nuisance. These changes have been carried over into the
Municipal Act, 2001, which states:
449.
(1) No proceeding based on
nuisance, in connection with the escape of water or sewage from sewage works or
water works, shall be commenced against,
(a)
a municipality or local board;
(b)
a member of a municipal council or of a local board; or
(c)
an officer, employee or agent of a municipality or local board.
In light of this statutory protection, a flooding claim against a
municipality can be successful only if it is based in negligence. The manner in which the law of negligence is
applied to flooding claims is explained below.
Negligence
Negligence is generally defined as “conduct that falls below the
standard of what a reasonable person would do in like circumstances.” As explained during the September 2, 2009,
briefing to Council, the City may be found liable for flooding damage if it was
negligent in the design, construction, operation, or maintenance of the
drainage system. Examples of negligence
would be:
• If the drainage system was not designed and/or constructed
according to the recognized engineering standards in effect at the time.
• If the City failed to maintain the drainage system according to
accepted industry practices.
• If the City failed to repair a broken portion of the drainage
system within a reasonable period of time after the problem came to its
attention.
In regard to the first of these examples, it is important to note that
the operative period against which the design of the system is measured is the
standard in effect at the time when the design and construction took place. This legal approach acknowledges that while
standards may evolve and improve over time, a municipality does not have a
positive obligation to update and rebuild its existing infrastructure to keep
up with those changes. In this way, the
courts have recognized that the cost of redesigning or replacing infrastructure
may be prohibitive and that municipalities should not be placed in the position
of being insurers of all the misfortunes that may befall property owners.
With respect to the second example, the maintenance obligations would
be restricted to taking the required reasonable steps to keep the drainage
system operating within the parameters of its design and would not include an
obligation to upgrade the system. The
third example requires the City to delay repairs to damaged drainage infrastructure
for an unreasonable period before liability would apply.
Summary
In keeping with the City Clerk and Solicitor’s comments during the
September 2, 2009, Council briefing, all claims against the City arising out of
the July 24, 2009, rain event will be assessed in accordance with the legal
principles that govern the law of nuisance and negligence as they apply to
municipalities. To date, the City has
received in excess of 875 claims and approximately 500 of those claims are from
property owners in the Glen Cairn area.
All but 70 of the claims were received from insurers on behalf of
property owners.
With the release of this report, the City’s Claims Unit will be
proceeding expeditiously to apply the findings related to the causes for
flooding in the identified “cluster” areas against the legal standard for
negligence and responding to claimants’ within the next few weeks.
While each claim will be assessed based on its specific facts, it
should also be noted that a similar rain event that hit the eastern areas of
the City on September 9, 2004 generated 802 flooding claims based on overtaxed
drainage systems and all of them were ultimately denied. No lawsuits were initiated against the City
as a result of those denied claims.
Similarly, a rain event that effected Orleans and other eastern areas of
the City on July 3, 2006 resulted in 373 claims that were subsequently denied
and no lawsuits followed.
CITY STRATEGIC PLAN
This report is consistent with the Service Delivery priority of the
City Strategic Plan.
N/A
To support the implementation of the
recommended flooding improvement measures, $4M was approved as part of
the 2010 Capital Budget (account 905553), an additional $6.8M as part of the
2011 Capital Budget and the balance will be subject to approval of the 2012
Draft Capital Budget.
SUPPORTING DOCUMENTATION
Document
1 – West-End Flooding Investigation, 24 July 2009 Rainstorm Event, Consolidated
Report and Action Plan, March 2011
Infrastructure Services will implement the recommendations of the Action
Plan.