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TOWN OF BASHAW
BYLAW # 759-2014
BEING A BYLAW OF THE TOWN OF BASHAW, IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF
REGULATING AND CONTROLLING WATER AND WASTEWATER SERVICE AND USAGE WITHIN THE TOWN OF
BASHAW
WHEREAS,
pursuant to the Municipal Government Act, Chapter M-26 R.S.A. 2000, and
amendments thereto, the Town of Bashaw Council has the power to pass a Bylaw
respecting Public Utilities within the Town
AND WHEREAS,
all utility services belonging to the Town shall be under the direct control and
management of the Town
NOW THEREFORE,
the Council of the Town of Bashaw, duly assembled, enacts as follows:
SHORT TITLE:
This Bylaw may be referred to as the WATER AND WASTEWATER or TOWN
UTILITIES Bylaw.
SECTION I: USE AND CONTROL
The use and control of all Public Waterworks, Water Treatment Systems, Sanitary Wastewater System, Storm
Wastewater Systems, Drains, and Wastewater Disposal Works connected therewith shall be in accordance
with this Bylaw.
SECTION 2: DEFINITIONS
Authorized Personnel
An employee of the Town or outside contractor authorized by the CAO for
the purpose of providing water, sewer or water management service
Backflow Valve
A mechanism that prevents backflow to avoid untreated or potentially
contaminated water migration into the waterworks system
Bylaw Enforcement Officer
CAO, RCMP Member, Peace Officer or as delegated by the CAO with the
authority to enforce Bylaws of this Town;
CAO
Chief Administrative Officer or Town Administrator appointed by Council
Commercial
For the purpose of billing in this Bylaw, is a building used as a place of
business (excluding home businesses) including industrial, institutional,
recreational, apartment buildings, mobile home parks, churches, and multi-
use premises, which are structures, and may be a combination of any of
the above noted
Commercial Premises
Site, including any building erected thereon of any cafe, restaurant, hotel,
store, warehouse, wholesale or retail business place, office building,
factory, industry, or any other site or building except one that is used or
intended to be used for residential purposes
Consumer or Customer
any person who has entered into an agreement with the Town for utility
services or who is the owner of any premises connected to or provided
with utility services under this Bylaw
Council
TOWN OF BASHAW Elected Officials
Curb box and valve
The unit that extends upwards from the water main to the surface for the
purpose of isolating the water service on a parcel of land
Minimum Rate
The rate established and set out in the Master Rates and Schedules Bylaw
for this Water and Wastewater Bylaw
Multi-occupied Building Units A building, which is either occupied or intended to be occupied by more
than two (2) families living independently of one another in the building in
separate units
Multiple Dwelling
A dwelling place comprised of more than one self-contained dwelling unit,
and without restricting the generality of the foregoing, includes apartment
buildings, duplex houses, and single family homes with ancillary suites
containing the following: cooking, living, dining, sleeping, and toilet
facilities, whether or not such ancillary suites have a private outside
entrance
Owner
The person, corporation or business that holds title to a registered parcel
of land
Person
The firm, corporation, owner, occupier, lessee, or tenant
Property
A parcel of land
Raw Water
The water stored in the water cells or wells intended for treatment and
distribution
Renter
A person who is temporarily residing on another person's property in
exchange for rent or other arrangement
Residential
For the purpose of billing in this Bylaw means all buildings which are
designed and used exclusively for living accommodations including but not
exclusive to single and multi-family dwellings and condominiums
Residential Premises
Any site, including any building, that exists thereupon that is used or
intended for use for residential purposes including but not limited to both
single family and multiple family dwellings
Wastewater Service Line
The sewer pipe or line extending between the connection to the street
main and the property line of the service site
Water Service Line
The water pipe or line extending between the connection to the main in
the street and the property line of the service site
Street Main
The water and/or wastewater pipe or line that feeds water or collects
wastewater through services lines to the service sites
Utility
A system or works used to provide one or more of the following for public
consumption, benefit, convenience, or use: I) Water II) Sewer
Town
Town of Bashaw
SECTION 3: REGULATIONS
3.1
No person or enterprise other than the Town shall provide the same or similar type of utility service
outlined in this Bylaw in the Town except where special permission is approved by Council.
3.2
No commercial water retreating or resale shall be allowed in the Town without an approved permit.
3.2.1
With the exception of the Town owned bulk water sales.
3.3
Except where authorized by the Town no person or enterprise shall open, close, or interfere with
any hydrant valve or curb box and valve connected to the Town water/wastewater system.
3.3.1
The Fire Chief and other Members of the Fire Department are authorized to use the
hydrants or plugs for the purpose of extinguishing fires or for trial testing of hoses and other
equipment necessary for fire protection and service. Official Training Certification required
for authorization.
3.4
Delegated Agents or Staff of the Town shall have the right to enter private property to conduct
services to or an inspection of the utility system(s) after providing reasonable notice to the property
owner who shall provide access to ensure the matter at hand is dealt with expediently.
3.5
One service and one meter per parcel are allowed unless an agreement to the contrary is drawn.
SECTION 4: INSTALLATION OF WATER/WASTEWATER SERVICES
4.1
No person or enterprise shall interfere with or make connection to or adversely affect any municipal
water works or wastewater works systems or infrastructure or appliances of any kind without
obtaining the required approval of the Delegated Authority for the Town of Bashaw beforehand.
4.2
A private water connection to the Town cannot proceed until a development permit application and
the required supporting documents are submitted to the Town, the fee is paid to the Town by the
developer, the application is processed, and the development permit is approved.
4.3
Any person requesting utility service from the Town of Bashaw must purchase a water meter from
the Town, as set out in the Master Rates and Schedules Bylaw, contract a plumber to install the
water meter at their own expense, and have the installation inspected by the Delegated Authority of
the Town before the provision of water service shall commence.
4.4
The property owner is responsible for any damage caused by or to the water meter; to ensure long
life locate the meter inside the principal building whenever possible and ensure it is easily accessible
(do not wall in or block meter with debris) for service or reading.
SECTION 5: AREA OF RESPONSIBILITY
5.1
All Municipal Water and Wastewater Works (See Section One) belonging to the Town now and
hereafter laid down or constructed shall be under the direct control and management of the Town.
5.2
The Town shall be responsible for the municipal water and wastewater lines located on or under
municipal property, from the main and up to the private owner's property line. This responsibility
includes service, maintenance, replacement and repair of the lines and restoration of any
surrounding area or infrastructure, whether municipally owned or otherwise, disturbed, damaged or
destroyed by the actions of fulfilling this responsibility.
5.2.1
Section 5.2 shall not apply if the property owner is found to be responsible for causing harm
to the water and/or wastewater system by pouring chemicals, grease, or other materials
down the drain and/or flushing non-dissolving products.
5.2.2
Section 5.2 shall not apply if the property owner damages the water and/or waste water
system by neglect or wilful action through construction, excavation, etc.
5.3
The property owner shall be responsible for the water and/or wastewater lines located on or under
the boundaries of their property, including the lines servicing any dwelling or building located on the
site, and all the costs associated with the repair or replacement of these lines regardless of the need
or cause for doing so. This responsibility also includes restoration of any surrounding area or
infrastructure disturbed, damaged or destroyed by the installation or repair of new
water/wastewater line(s) on the property and/or caused to neighbouring or municipal properties.
SECTION 6: WATER RESTRICTIONS
6.1
The Council and/or Administrator may ration or shut off the provision of water to meet emergent
need without prior notice and for as long as may be necessary to remedy the situation at hand.
6.2
The Council may by resolution restrict the use of water for the preservation of supply and such
action may include the limitation of water available for lawn and garden care.
6.3
Everyone should make a concerted effort to control water usage through the installation of low flow
plumbing devices or not allowing water run off on to the street or watering every other day, etc.
6.4
The Town shall not be held liable for any damages resulting from suddenly shutting off the supply of
water or infrastructure failure.
SECTION 7: UTILITY SERVICE ACCOUNTS
7.1
All customer utility service accounts (Residential and Commercial) shall be applied according to the
Utility Service Account Policy.
7.2
Rates for all utility services provided under this Bylaw will be established by Council and set out in
the Town of Bashaw Master Rates and Schedule Bylaw 760-2014 and include:
i.
Metered and non-metered rates for water
ii.
Sewer service charges
iii.
Bulk water
iv.
Connection and disconnection fee
v.
Penalties on overdue accounts and overdue account transfer fee
vi.
Administration and other charges
7.3
Utility billings will be in the form prescribed in the Utility Service Account Policy.
7.4
Regulations regarding the collections for utility accounts will be set out in the Utility Service Account
Policy.
SECTION 8: PENALTIES AND ENFORCEMENT
8.1
The Council and/or Administrator reserve the right to exempt certain users from provisions of all or
specific section(s) of this Bylaw due to unpaid accounts, contravention of this Bylaw, etc.
8.2
Enforcement of penalties shall be carried out by the Administration of the Town and shall be set out
in the Master Rates and Schedules Bylaw.
8.3
Enforcement of the Bylaw shall be contingent upon considerations such as budget and staffing.
SECTION 9: GENERAL
9.1
Should any provision of this Bylaw be found invalid, the invalid portion shall be severed and the
remaining Bylaw shall be maintained.
9.2
Bylaws 714-2009, 746-2012 and 748-2013 are hereby repealed.
9.3
This Bylaw shall come into force and effect on the day of the Third and Final reading.
READ A FIRST TIME IN COUNCIL THIS 26 DAY OF AUGUST, 2014
READ A SECOND TIME IN COUNCIL THIS 16 DAY OF SEPTEMBER, 2014
READ A THIRD TIME IN COUNCIL AND FINALLY PASSED THIS 16 DAY OF SEPTEMBER, 2014
MAYOR
CHIEF ADMINISTRATIVE OFFICER