Bylaw 2024-12 Utilities – Water Sewer Bylaw – Rescinds 2024-08 — full text

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1 VILLAGE OF BEISEKER BYLAW NO. 2024-12 "Water and Sanitary Sewer Bylaw" Being a Bylaw of the Village of Beiseker in the Province of Alberta for the purposes of constructing, regulating, controlling, and operating water and sewer for the purposes of providing residents and consumers with a water supply and a system for the disposal of sewage waste in the Village of Beiseker. Whereas, pursuant to the Municipal Government Act, RSA September 2000, c. M-26 and amendments thereto, a Municipal Government may pass a bylaw to construct, control, and operate a water and sewer utility for the purposes of providing residents and consumers of a municipality with the supply of water and disposal of sewage wastes, charging such rates and fees as deemed necessary; And Whereas, pursuant to the Municipal Government Act, RSA 2001, and amendments thereto, a municipal government may delegate to a municipal official, certain duties required in the operation of the utility; And Whereas, the Council of the Village of Beiseker, in the Province of Alberta deems it desirable to pass a bylaw to establish and maintain a system for the construction, control, and operation of water and sewer services; Now therefore, the Council of the Village of Beiseker in the Province of Alberta duly assembled hereby enacts as follows: 1. Interpretation and Application: i) This Bylaw shall be cited as "The Water and Sewer Bylaw". 2. Definitions In this Bylaw: i) Beiseker means the Village of Beiseker, Alberta ii) CAO means the Chief Administrative Officer of the Village of Beiseker iii) Council means the elected council of the Village of Beiseker iv) Developer means the entity responsible for the development of property v) Owner means the legal land owner of a property vi) Overstrength Wastewater means any wastewater which exceeds any or all of the following: a) 300 mg/l BOD (Biochemical Oxygen Demand) b) 300 mg/l TSS (Total Suspended Solids) c) 100 mg/l FOG (Fats and Greases) v) Person means an individual person or corporation vi) Refuse means any butcher's offal, garbage, litter, manure, rubbish, sweeping sticks, earth, gravel, dirt, hay, straw, twigs, leaves, rags, cinders, ashes or refuse matter of any kind vii) Remote Reading Unit means a device which allows the remote reading of a water meter from outside of a building where the water meter is located viii) Sewer means any sanitary or stormwater sewer 3. 2 x) Trade Waste is the term used for all liquid waste generated on industrial and commercial premises and discharged to the sewer (but does not include human waste or waste from personal hygiene) xi) Utility Account Customer means the person or business which as an account with the Village of Beiseker for the purpose of water and/or wastewater utility servicing. xii) Village means the Village of Beiseker, Alberta 4. Scope i) The Water and Sewer Bylaw applies to all water and sewer systems within the limits of the Village of Beiseker and any areas outside of the Village boundaries which the Village approves for service. ii) The Water and Sewer Bylaw provides the Village the exclusive right for construction, control, and operating of water and sewer services within the limits of the Village, except as authorized by the Village of Beiseker Land Use Bylaw and/or development agreements that are approved by the Village of Beiseker. iii) The Village will undertake all required maintenance, repairs, and replacement of water, sewer, and storm sewer systems located on or under Village property including Village controlled easements and right of ways unless this responsibility is transferred for limited infrastructure via an agreement between the Village and the responsible party. iv) Each lot or parcel and each principle building or occupancy, where feasible and solely determined by the Village, shall be provided with a separate water and sewer service at the Owner/Developer's cost. v) If cleanup, blockage, breaks, and/or damage requiring maintenance or repair occurs as the direct or indirect action of another person, or as provided for in this bylaw, that person shall be responsible for all costs incurred relating to the maintenance, repair or replacement whether the damage is on private property or Village property. vi) In the case of a sewer line service blockage, reference must be made to the Village of Beiseker Policy No. G-10 (Sewer Back Ups on Private Property) which may be revised from time to time by resolution of Council. vii) In the case of a water service line frozen between the property line and the meter, mitigation of the issue and all associated costs shall be the responsibility of the property owner. 5. Right of Entry i) For the purpose of conducting any service required to ensure the proper working function of water service to any service connection on any property including, but not limited to sampling tests, inspections, installations and/or repairs to water meters, the Village of Beiseker or their authorized designate shall have free access to all parts of the premises in which water is distributed to and/or is serviced by a sewer. 3 6. Liability for Damage i) The Village will not be held liable for any damages whether direct or indirect, suffered by any person or premises as a result of any obligation of the Village pursuant to this bylaw or the failure of the Village to discharge any of its obligations pursuant to this bylaw unless the Village is proven grossly negligent. 7. Misuse of Services - General i) No person shall hinder or interrupt or cause or procure to interrupt the Village or its contractors, agents, employees in the exercise of powers and duties related to the water and sewer services and authorization contained in this bylaw. ii) No person not being in the employment of the Village and not being a member of the fire department and authorized in that behalf, shall willfully open or close any hydrant or obstruct the free access to any hydrant stop cock, chamber pipe or hydrant chamber by placing on it, any building material, rubbish or other obstruction. iii) No person shall without authority, hinder, interrupt, or cut off the supply of water, or the collection and flow of the storm sewer and sanitary sewer system. iv) No person shall lay or cause to be laid or attach any pipe or main to communicate with any pipe or main of the water, storm sewer and/or sanitary sewer system, or in any way obtain or use any water or sewer service or cut, break, pierce, or tap any water line or sewer or appurtenance thereof, or introduce any pipe, tube, trough, or conduit into any water line, sewer or stormwater system without the consent of the Village. v) No person shall in any manner, obstruct the free access to any hydrant or valve or curb stop. No vehicle, building, rubbish, or any other matter which would cause such obstruction shall be placed nearer to a hydrant than the property line of the street in which the hydrant is located, nor within five (5) metres of the hydrant in a direction parallel with the said property line. 8. Water i) No person shall throw or deposit any injurious, noisome, or offensive matter into the water or waterworks or commit any willful damage or injury to the works, pipes, or water or encourage it to be done. ii) No person shall turn or attempt to turn water on or off at a curb stop valve or any other valve unless authorized by the Village. iii) No person shall interfere with, damage or make inaccessible any curb stop due to the construction of sidewalk, pathways, driveways, or any other reason. If it is required to make any repairs or changes due to inaccessibility to or damage to curb stops, the owners of the property being serviced by said curb stop shall, in addition to the penalties of this bylaw, be required to assume all costs involved in said repair, which may be collected through addition to taxes and collected as any other tax of the Village of Beiseker. iv) No person shall alter or move any water meter unless specially authorized by the Village for that particular purpose or occasion. 4 v) No person shall directly or indirectly place or cause to be placed any substance which would detract from the quality of the water within the water system or which caused the water to fail to comply with the potable water regulations under the Alberta Environmental Protection and Enhancement Act, as amended. vi) No person shall allow interference or damage to a meter by frost or otherwise and that person shall be responsible for any costs relating to the repair of a damaged meter. vii) The property owner shall be responsible for damage to the water meter that services their property from causes other than normal wear and tear. This does not include water meter equipment failure. 9. Sewer i) No person shall make or cause to be made, any connection drainage from weeping tile, sump pumps, eavestrough and/or roof drain into the sanitary sewer. ii) No person shall discharge the contents of any privy vault, manure pit, cesspool, directly or indirectly into any sewer, (including sanitary sewer or stormwater system) or premise drain connected therewith unless authorized by the Village. iii) All contents of hot tubs or swimming pools shall be dechlorinated before they are released into overland drainage and/or stormwater system. Chlorinated contents from hot tubs and swimming pools can be released into the sanitary sewer system. iv) No person shall lift, turn, remove, raise, or otherwise tamper with the cover of any manhole, or other appurtenance of any sewer except where authorized by the Village. v) No person shall throw, deposit, or leave in or upon any sewer or any trap, basin, grating, manhole, or other appurtenance of any sewer any refuse of any kind. vi) No waste or discharge resulting from any trade, industrial, or manufacturing process, shall be directly discharged into any sewer without such previous treatment as shall be prescribed by the Village for each such case. The necessary treatment so prescribed, shall be completely installed by the applicant at that person's expense, prior to the construction of the sewer connection and thereafter shall be continuously maintained and operated by the owner. Commercial/Industrial Properties are subject to additional requirements of Schedule C. vii) Grease traps of sufficient size and Village approved design shall be placed on the waste pipes from all hotels, restaurants, laundries, and such other places as the Village, under advisement, may direct. viii) Sumps of sufficient size and Village approved design shall be placed on the waste pipes from all car washes and any other building which may cause dirt and debris or other unwanted materials to pass into the sewer. 5 10. Hazardous/Prohibited Substances/Waste i) Hazardous/Prohibited wastes are listed in Schedule B. ii) No person shall place or mix with any water supply in the water system of the Village any dangerous substance/goods, hazardous substance/waste or prohibited substance/waste. iii) No person shall place or mix with any sewage placed in the sewer collection system of the Village, any dangerous substance/goods, hazardous substance/waste or prohibited substance/waste. iv) Any person breaching any part of this bylaw including but not limited to spills, leaks, or dumping upon Village right of ways, shall be responsible for all costs incurred in the eliminating of any pollution or contamination of the sites involved in the Village. Should the Village incur any costs, the person shall make payment to the Village on demand. Such restitution will not exempt the person or organization from prosecution for contravention of this bylaw. v) The owner or person responsible for the existence or accumulation of hazardous substance/waste shall cause the hazardous substance/waste to be removed to an appropriate disposal site and be disposed of as prescribed by the Executive Officer of the Local Regional Health Authority or a duly authorized agent of the Province of Alberta. vi) No person shall make or cause to be made any connection with any sewer, premise drain, or appurtenance thereof for the purpose of conveying or which may convey, into same, any flammable or explosive material. vii) No person shall permit to be discharged into any sewer, any liquid which would prejudicially affect the sewer, or other trade waste, or any waste of steam, condensing water, heated water, or other liquids of a higher temperature than one hundred and forty- nine (149) degrees Fahrenheit or sixty-five (65) degrees Celsius. viii) The Village shall not collect hazardous waste. 11. Over Strength Wastewater Charges: i) Any property discharging wastewater which is determined over strength as per this bylaw shall be subject to the following Over Strength Charges for each cubic metre of wastewater which is discharge to the Village System by the property: $ 0.0015 /m3 per each mg/l over 300 mg/l BOD (ADD EXPLANATION) $ 0.0015 /m3 per each mg/l over 300 mg/l TSS $ 0.0015 /m3 per each mg/l over 100 mg/l FOG The formula for determining the surcharge per cubic metre is: R = 0.0015 B + 0.0015 S + 0.0015 G where "R" means rate in dollars per cubic metre; and, 6 "B" means the amount in milligrams per litre by which the BOD of the wastewater tested exceeds 300 milligrams per litre; "S" means the amount in milligrams per litre by which the TSS of the wastewater exceeds 300 milligrams per litre; "G" means the amount expressed in milligrams per litre by which the FOG content of the wastewater tested exceeds one hundred milligrams per litre. 12. Conveyance of waste through Village i) No person shall convey through the streets any sewage whatsoever. 13. Service Connections Municipal utility services will be provided to a property only in the name of the registered owner of the property. i) Every water service connection to the Village water system shall be equipped with a water meter to indicate the water consumption of the water service, and approved shut off valves. ii) The following procedure will be followed with regard to the installation of water meters for water supply to a newly constructed building or residence or to replace existing water meters. a) A certified plumbing contractor that is approved by the Village of Beiseker will obtain a water meter and related equipment (antenna, tail pieces) from Beiseker Public Works. Public Works will record the address and location of the new water meter. The installation may be monitored/inspected by Beiseker Public Works. b) The number of water meters to be installed in any new building is the decision of the Village of Beiseker. c) Payment for the new water meter and related equipment (ie: antenna and tail pieces) by the developer/owner will be made to the Village of Beiseker before it is released to the plumber for installation. The cost of installation (approved plumbing company labour) is the responsibility of the landowner. d) Occupancy permits on new construction will not be provided until The property has been inspected to determine that sewer service and a water meter has been installed to the satisfaction of the Village of Beiseker. e) A utility account will be set up for every new service 7 14. Requirement for Provision of Metering Space Where serviced by a Village water supply, i) Unless and until adequate provision, to the satisfaction of the Village, is made for the installation of a water meter and remote reading unit where convenient access is and will be at all times available to personnel from the Village, no person shall: a) construct or commence to construct a new building, or; b) reconstruct, alter, add to or extend an existing building on any site in the Village; c) carry on a business. ii) If the space constructed or provided as required is not sufficient for the purposes outlined, the Village may in writing, require the owner or occupier of the premises to provide such additional space. If additional space is not provided, the Village may suspend the supply of water and sewer services until the required space is provided. 15. Rates and Fees i) Every Utility Account Customer being a registered owner or purchaser, which is served by water and/or sewer services of the Village shall pay bi-monthly charges for the service of supply of water and /or utilization of the sewer collection system and waste collection in accordance with the rates established by bylaw which may be amended from time to time. ii) In the case of an owner tenant arrangement, the registered owner of a property being serviced shall be held ultimately responsible for the payment of any applicable charges applied to that account. iii) The Village of Beiseker is not liable for damages as follows: a) caused by the break of any water or sewer main service line; or b) caused by the interference or interruption in the supply of water and sewer services necessary in connection with the repair or proper maintenance of the water and sewer system; or c) generally, for any accident due to the operation of the water and sewer system unless that action is shown to be directly due to the gross negligence of the Village. 16. Payment of Rates: i) A utility bill showing the current water, sewer and waste collection charge to the user shall be sent to the user bi-monthly and payment of the bill may be made at the following locations: a) The Village of Beiseker Administration Office at 700 - 1st Avenue 8 b) Telephone/Internet banking through most Financial Institutions ii) Utility bills can be emailed to the Utility Account Customer in lieu of regular mail at the written request of the Utility Account Customer. iii) All accounts with the Village under this Bylaw shall become due and payable upon receipt with the final day of payment being 30 days following the issuance of the bill. After this final date has passed a penalty, in an amount prescribed by the Village of Beiseker Fees and Schedules bylaw which may be revised from time to time, will be applied to all outstanding balances. iv) Prior to issuing a water meter, a water/sewer account must be set up at the Village of Beiseker Administrative Office and any fee associated with a water meter will be due and payable prior to pick up of meter at Public Works. ii) In cases where a meter is present but a reading was not recorded, an estimate shall be based at the discretion of the Village of Beiseker. iii) Any rates, costs or charges in arrears for utility services supplied by the Village of Beiseker to any land or premises may be added to the taxes assessed against the real property to which the utility services have been supplied, and may be collected in any of the ways provided by the collection of taxes, including the sale of the said property. iv) The Village of Beiseker also reserves the right to discontinue service to any property where any charges for service remain outstanding for a period of more than thirty (30) days or to a consumer that may be guilty of a breach of or in non- compliance with any of the provisions of this bylaw or any other Provincial, Federal or other regulations. 17. Determination of Consumption i) The Village shall determine the amount of water supplied to a premise or shall determine usage based on the following: a) Water metered properties will be charged based on water consumption calculated by the meter reading. Sewer charges will be provided in the Fees and Schedules Bylaw. b) If the property Outside of the Village Boundaries is connected to sewer service but does not receive water from the Village, determination of use will be as follows: 1. The property owner shall provide Water Billing from an approved water supplier (ie. Aqua 7) and sewer usage generation will be calculated as 120% of water use; or 2. The Village shall estimate usage by other means it deems appropriate. ii) Such determination of consumption shall be final for all matters within the terms of this Bylaw. 9 18. Meters i) Any person claiming a meter is not working properly and requests that the meter be removed and tested shall deposit with the Village a sum at a rate determined by the Village of Beiseker. The meter will be removed from service and tested. If the meter is found to be over reading by more than 3%, the deposit will be refunded. Any meter meeting the 3% guideline shall be considered adequate, and the deposit shall be forfeited along with any additional costs involved for the removal, testing, and installation of the meter. ii) Should the said meter be found to over-read by more 3%, the rates charged for the preceding two (2) meter reading periods will be adjusted by the same percentage as the meter was found to be in error, providing however, that no rate shall be less than the minimum rate normally charged. 19. Bulk Water i) The Village may provide bulk water services at a rate established by Fees and Schedules bylaw which may be revised from time to time. ii) The guidelines for utilization of the bulk water service may change from time to time as set by the Public Works Department policies and procedures. iii) The Village is responsible for the maintenance of the facility and may therefore from time to time have the right to close the facility for maintenance purposes. iv) No owner, consumer or other person shall connect, cause to be connected, or allow to remain connected to the water utility, whether directly or indirectly any piping fixture, fitting, container or appliance, in a manner which under any circumstances, may allow water waste, water contaminant or any other liquid, chemical or substance to enter the water utility. 20. Default Action In the case of default of payment of any water and/or sewer rates, or charges, thirty (30) days after the expiration of the day upon which the same shall have become due or payable, the Village may, after providing notice, shut off the water supply to any premises in respect of which payment is in arrears or default. 21. Continuing Water Service i) Where the water supply has been shut off, because of default of payment or contravention of this bylaw, the water supply shall not be turned on until payment of all arrears, penalties, disconnection charges, connection charges and deposits have been recovered by the Village or arrangements satisfactory to the Chief Administrative Officer have been made. ii) A fee as outlined by the Fees and Schedules bylaw will be charged and shall be payable in advance for the reconnection of the services that have been shut off due to the circumstances outlined in this bylaw. 10 22. Non-Receipt of Utility Bill All utility bills and other charges are deemed to have been received by the utility account customer, seven (7) days from the date of mailing from the Village Office. The failure to receive such notice does not relieve the person from the charge or from the penalties duly imposed. 23. Delegation The Council of the Village of Beiseker in the Province of Alberta hereby delegates to the Chief Administrative Officer, the power to: i) Establish policies and procedures for the general maintenance and management of the water and sewer system and of the officers and other employees employed in connection with the water and sewer system: ii) Establish in connection with the water and sewer system, the times and places where rates and/or fees under this bylaw are payable; iii) Collect the rates and fees established pursuant to this bylaw; iv) Enforce payment of those rates and/or fees by all or any of the following methods: a) By shutting off the water supply to the user of the system, b) By action in any court or competent jurisdiction; c) By distress and sale of goods and chattels of the person owing the rates or charges wherever they may be found in the Municipality. d) Any other lawful means of collection available. v) Enforce the terms and conditions under which the water and sewer service is supplied either; a) enforcing this bylaw b) By enforcing any agreement made between the Village as supplier and the consumer. c) This includes shutting off of the public service being supplied to the consumer or disconnection of the service thereof until the consumer complies with the terms and condition in this bylaw. 24. Control and Management As directed by Village Council, the Chief Administrative Officer shall have the administrative control, care and management of the water and sewer of the Village and of all property used in connection with the said system, and the business carried on in respect thereof, and shall have the right to enter into contracts for service by and with the provisions of this bylaw and shall be charged with the proper conduct of the said business and enforcement of this bylaw. 11 25. Water Restrictions To maintain adequate water supply within the Village, Council or the CAO may impose water restrictions per the Water Conservation Management Policy. 26. Separate and Severable Each section of this bylaw shall be read and construed as being separate and severable from each other section. Should any section of this bylaw be found to have been improperly enacted for any reason, then such section apart shall be regarded as being severable from the rest of the bylaw in accordance with good financial management to cover the costs of providing a quality water distribution service to its residents. 27. Bylaw No 2024-08 is repealed in its entirety on the date of the final reading of this Bylaw 2024-12. Read a first time this 25th day of November, 2024 Read a second time this 25th day of November, 2024 Read a third and final time this 25th day of November, 2024 David Ledoyen, Mayor Heather Leslie, Chief Administrative Officer 12 SCHEDULE "A" Contravention of any section of Bylaw 2024-12 shall result in fines as follows: 1st Offence $300.00 2nd Offence $500.00 3rd Offence $1,000.00 and termination of utilities Contraventions related to Section 24 and the Water Conservation Management Policy will be as follows: Penalty First Offence Second Offence Third Offence Failure to comply to Stage 2 restrictions per Water Conservation Management Policy $100.00 $200.00 $400.00 Failure to comply to Stage 3 restrictions per Water Conservation Management Policy $200.00 $400.00 $800.00 Failure to comply to Stage 4 restrictions per Water Conservation Policy $400.00 $800.00 $1600.00 Failure to comply to Stage 5 restrictions per Water Conservation Management Policy $800.00 $1600.00 $3200.00 13 SCHEDULE "A" Restricted Wastes HAZARDOUS SUBSTANCE means any substance or mixture of substances that exhibit characteristics of flammability, corrosively, reactivity or toxicity; and any substance that is designated as a Hazardous Substance within the regulations of the Environmental Protection and Enhancement Act and the Waste Control Regulation (AR129/93) of the Province of Alberta and any successor to this Act or regulations. HAZARDOUS WASTE means waste defined as Hazardous Waste under the Environmental Protection and Enhancement Act RESTRICTED WASTES means Wastewater containing the following materials in excess of one or more of the following concentrations are considered Restricted Waste: Cadmium 1.0 mg/l Chromium 3.0 mg/l Copper 3.0 mg/l Cyanide 3.0 mg/l Lead 1.0 mg/l Mercury 0.01 mg/l Nickel 3.0 mg/l Phenol Compounds 0.1 mg/l Sulphide 3.0 mg/l Zinc 3.0 mg/l PROHIBITED WASTES means waste consisting of Wastewater containing any of the following materials: - Waste which causes or will cause an Adverse Effect; - Any Flammable Liquid or explosive material; - A solvent or petroleum derivative including but not limited to gasoline, naphtha or fuel oil; - Wastewater having a PH of less than 5.5 or greater than 10.0; - Any matter, other than Domestic Wastewater, which by itself or in combination with another substance is capable of creating odour related to but not limited to hydrogen sulphide, carbon disulphide, other reduced sulphur compounds, amines or ammonia outside or in and around a Sanitary Sewer; - Any Pesticides or Herbicides; - Unused pharmaceuticals; - Wastewater containing materials which by themselves or in combination with other materials become highly coloured and pass through a Sanitary Sewer discolouring the effluent; 14 - Solid or viscous substances in quantities or of such size as to be capable of causing obstruction to the flow in a Sanitary Sewer, including but not limited to ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, animal guts or tissues, paunch manure, and whole blood; - Radioactive Substances in excess of concentrations greater than that specified under the - Atomic Energy Control Act and the Atomic Energy Control Regulations or amended versions thereof; - Wastewater having a temperature in excess of seventy seven degrees Celsius; - Grit removed from Commercial Premises including but not limited to grit removed from car washing establishments, automobile garages and restaurant sumps or from Interceptors; - Any corrosive or toxic Wastewater or other wastes which could adversely affect a Sanitary Sewer or Wastewater Facilities; - Wastewater which will create tastes or odours in drinking water supplies making such waters unpalatable after conventional water purification treatment; - Wastewater which will be discharged in layers or will form layers; - Wastes which will interfere with the disposal of bio solids resulting from municipal Wastewater treatment; - Wastes which will cause a violation or non-compliance event in the operating approval for the Wastewater Facilities of Westend; - Biological Wastes; - Storm water drainage or sub-surface drainage unless authorized by Council pursuant to this Bylaw or otherwise; - Hazardous Waste or Hazardous Substances; - Wastewater containing Restricted Waste, consisting of substances of a concentration, expressed in mg/L, in excess of any one or more of the limits in Schedule "G" of this - Bylaw, unless the discharge is in accordance with a valid discharge agreement issued by the Village. - carbon bisulphide, hydrogen sulphide, ammonia, trichloroethylene, sulphur dioxide, or formaldehyde - any corrosive, noxious or malodorous material or substance which, either by itself or by reaction with other Wastes is capable of: o causing damage to the Sewage System; or o creating a public nuisance or hazard; or o preventing any person entering the sewers for the purposes of maintenance or repair o Waste which either by itself, or upon the reaction with other materials, becomes highly coloured o water containing Wastes from oil or petroleum 15 - any paunch manure, intestinal contents from horses, cows, sheep, swine or any fish or animal, Grease or oil, pigs hooves or toenails, or stomach casings, fish scales, bones, hog bristles, hides or parts thereof, manure, poultry entrails, heads, feet or feathers, fleshings and hair resulting from hide processing operations - any other solid, liquid or gas, or a combination of any of them which could, as determined by the CAO, adversely affect the Sewage System 16 SCHEDULE "B" 1 Interceptors 1.1 Interceptors shall be provided for all garages, restaurants, automotive service stations and vehicle and equipment washing establishments and for other types of business when required by the Regulations or, in the opinion of the CAO, such Interceptors are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, mud or other harmful ingredients. i) All Interceptors shall be of a type and capacity which conform to the Regulations and shall be located so as to be readily and easily accessible for cleaning and inspection. ii) All Interceptors shall be maintained at all times in satisfactory and effective operation by the Owners of the properties on which they are installed at the Owner's expense. iii) All Interceptors shall be connected to the Sewer unless the CAO shall otherwise stipulate. iv) If the drainage system in any new commercial or industrial building includes an Interceptor, then a Control Manhole is required. v) Garage Drains connected to a Sanitary Sewer, or a Service Connection which is in turn connected to a Sanitary Sewer, must have a mud Interceptor of sufficient size and design to effectively trap solids. 2 Control Manhole 2.1 If required by the CAO, the Owner of any property serviced by a Service Connection shall, at the Owner's expense, install and maintain a suitable Control Manhole and other necessary appurtenances to facilitate observation, sampling, and measurement of the Wastewater quality, temperature, rate of flow and other characteristics. i) Any such Control Manhole shall be located wholly on Private Property and constructed in accordance with the Construction Manual and maintained so that it is accessible and in good condition at all times. ii) If a Control Manhole does not exist on a Premises, the Control Manhole for that Premises shall be deemed to be the manhole in the Sanitary Sewer which is downstream of and nearest to the point at which the Service Connection servicing the Premises is connected to the Sanitary Sewer. 3 Test Manholes 3.1 A Consumer who carries on an industrial or commercial activity on Commercial Premises which is or will be connected to a Sanitary Sewer, shall provide to the Village, at no cost to the Village, Test Manhole(s) for the testing of Wastewater from the Commercial Premises. i) The Test Manholes will be constructed in accordance with the applicable Design Manual and/or Construction Manual as established, amended or replace from time to time. ii) The purpose of the Test Manhole is to achieve a discreet Wastewater stream of the Commercial Premise. The Test Manhole shall not be used as collection manhole with multiple Premises discharging into it. 17 iii) The Test Manhole shall be: (a) located on the Commercial Premises unless the Village allows an alternative location; (b) constructed and maintained at the expense of the Owner of the Commercial Premises; (c) accessible at all times by the Village (accessible includes access by a vehicle); (d) maintained to ensure access and structural integrity. iv) The Test Manhole must not be: (a) in a high traffic area; (b) on a steep bank; (c) covered by landscaping; or (d) located where a vehicle cannot approach directly over the Test Manhole; v) If a Test Manhole has not been installed at a Commercial or Industrial Premises on which an industrial or commercial activity is occurring, or if the Test Manhole provided is not accessible to the satisfaction of the CAO for the purpose of testing the Wastewater the CAO may give notice in writing, requiring the Owner to: (a) construct and install the required Test Manhole in a location that does not conflict with the location of onsite storm water management infrastructure, (b) construct and install the required Test Manhole within 30 days of receiving the notice, or as required by the CAO; or (c) pay the Village that amount of money that the CAO deems necessary to cover the cost of constructing and installing a Test Manhole, which amount will be paid within 30 days of receiving the notice or as required by the CAO. 4 Standards for Sampling and Analysis of Wastes All sampling, measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in this Bylaw shall be determined in accordance with Standard Methods and the Methods Manual for Chemical Analysis of Water and Wastes published by the Alberta Environmental Centre, Vegreville, Alberta, 1996, AECV96-M1, as amended. Sampling shall be carried out using customarily accepted methods to determine the effect of constituents upon the Wastewater Facilities and whether there exists a hazard to persons or property. The initial analysis of the discharge from a Premises will determine whether a twenty-four (24) hour Composite Sample of all discharge from such Premises is sufficient. If practicable, the B.O.D. and Suspended Solids analysis will be obtained from 24-hour Composite Samples of all discharges whereas the PH will be determined from periodic Grab Samples. 5 Protection from Damage No Person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the Village. 6 Sewer Service Surcharge 18 i) Any Residential Premises or Commercial Premises where Wastewater is released that contains one or more constituents that is considered Overstrength Wastewater will be subject to a Sewer Utility Service surcharge. ii) Sampling for the Sewer Utility Service surcharge program shall be performed as two separate sampling events. The results of each constituent from the two sampling events will be averaged and the averaged value will be used in the surcharge calculation. iii) An Auto sampler will be used whenever possible, however if the use of an Auto sampler is not possible then manual Grab Samples may be used to calculate a surcharge factor. Grab Samples procedures for the Sewer Utility Service surcharge program is as follows: (a) a minimum of 4 single Grab Samples per sampling event must be used with at least one hour between Grab Samples but not more than 24 hours; (b) results from the two sampling events will be averaged and the average value will be used in the surcharge calculation; (c) all Grab Samples must be of the same volume and taken at the same location; and (d) the Grab Samples for each sampling event will be composited and treated as one sample. iv) The surcharge factor will be recalculated monthly based on the Water consumption or on Wastewater Meter values if Water consumption data is not available. v) The Sewer Utility Service surcharge will remain in effect until the next sampling event. Sampling of Commercial Premises for the purpose of the Sewer Utility Service surcharge program will occur no less than four (4) months from the previous sampling period. However this does not apply to sampling or monitoring for compliance with this Bylaw. vi) In the event that a common Sewer service exists where more than one Premises or Consumer's Wastewater mixes upstream or enters a common manhole and a discrete sample is not possible, the surcharge factor will apply to all Premises or Consumers whose effluent is discharged to that common manhole. vii) Notwithstanding the forgoing, if a Residential Premises or Commercial Premises experiences an abnormally high surcharge, or makes changes to the pre-treatment system that significantly reduces the effluent strength, at the discretion of the CAO, a request to re-sample the Premises and, if warranted, make an adjustment to the surcharge factor can occur prior to the expiration of the minimum four month period. viii) If a Consumer requests an adjustment to the surcharge factor as noted above, the Consumer must provide in writing to the CAO: (a) a request for review of the surcharge factor; (b) justification for the review including all relevant documentation; and (c) details on changes to or new installation of a pre-treatment system or new procedures and policies that would result in a significant and permanent reduction 19 in the effluent strength. ix) Prior to a surcharge adjustment being approved by the Village the Consumer must wait for a minimum of 1 new surcharges (2 months) to be calculated. The new surcharge values must be consistently and significantly lower than the requested adjustment surcharge Rate for an adjustment to occur. 7 Authority to Sample The CAO may from time to time determine by sampling and analysis the characteristics of the Wastewater being discharged into the Wastewater Facilities from any Premises which the CAO determines to likely produce Wastewater with concentrations of harmful or deleterious substances which exceed those permitted under this Bylaw or other applicable legislation, and may maintain a record of each such analysis. 8 Duration and Costs of Sampling and Analysis The CAO may take and analyze samples over a period which, in the CAO's opinion, is sufficient to permit determination of the quality of the average effluent from a Premises under normal conditions. Costs for all testing will be applied to the owners bi-monthly billing. 9 Request for Additional Sampling If the Owner of a Premises to which a Wastewater surcharge is applicable is of the opinion that the degree of concentration of the Wastewater discharge from the property has been reduced from that shown in a test made by the CAO, such Owner may ask the CAO to make a further test at the Owner's expense.