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Town of Coaldale
Storm Drainage Bylaw 764-R-07-19
July 29, 2019
BYLAW 764-R-07-19
TOWN OF COALDALE
PROVINCE OF ALBERTA
BEING A BYLAW OF THE TOWN OF COALDALE
TO REGULATE STORM SEWERS AND
STORM DRAINAGE IN THE TOWN OF COALDALE
WHEREAS the Municipal Government Act authorizes a municipality to pass Bylaws for
municipal purposes respecting public utilities and services provided by the municipality;
AND WHEREAS regulating storm sewers and storm drainage within the Town of
Coaldale is desirable;
AND WHEREAS it is deemed expedient to update and consolidate the bylaws which
control and regulate storm sewers and storm drainage in The Town of Coaldale;
NOW THEREFORE the Council of the Town of Coaldale enacts as follows:
1.
TITLE
1.1
This Bylaw may be referred to as the "Storm Bylaw".
2.
INTERPRETATIONS AND DEFINITIONS
2.1
Unless the context specifically indicates otherwise, the meaning used in
this Bylaw shall be as follows:
2.1.1 ''Animal Waste" means all forms of waste from animals or the
treatment of animals, and includes animal carcasses or parts;
2.1.2 "Biomedical Waste" means medical waste that requires proper
handling and disposal because of environmental, aesthetic, health
or safety concerns and includes, but is not limited to:
2.1.2.1 human anatomical waste;
2.1.2.2 infectious human waste;
2.1.2.3 infectious animal waste;
2.1.2.4 microbiological waste;
2.1.2.5 blood and body fluid waste; and
2.1.2.6 medical sharps, such as needles, syringes, blades, or other
clinical or laboratory materials capable of causing
punctures or cuts;
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Town of Coaldale
Storm Drainage Bylaw 764-R-07-19
July 29, 2019
2.1.3 "Chief Administrative Officer" or "CAO" means the person
appointed to the position and title of Chief Administrative Officer by
the municipal Council of the Town of Coaldale;
2.1.4 "Connection" means a pipe or conduit installed between Premises
and the Storm Drainage System for the purpose of draining Storm
Drainage from the Premises;
2.1.5 "Commercial Consumer" means the owner or occupier of a
commercial establishment or a dwelling unit containing a
commercial establishment other than a house occupation where
the premises has a utility services account with the Town;
2.1.6 "Consumer"
means
commercial,
industrial
and
domestic
consumers and any person, entity, or government, who has a utility
services account with the Town;
2.1.7 "Council" means the Council of the Town of Coaldale;
2.1.8 "Dwelling Unit" means one or more self-contained rooms designed
to be used as a dwelling and that includes sleeping, cooking, living,
and sanitary facilities and having an independent entrance either
directly from the outside of the building or through a common area
within the building;
2.1.9 "Domestic Consumer" means the owner or occupier of a residence
containing one or more dwelling units that has a utility services
account with the Town;
2.1.10 "Decorative Pond" means an artificial body of water for ornamental
purposes but does not include fish ponds;
2.1.11 "Director" means either the Director of Operational Services or the
Director of Infrastructure;
2.1.12 "Enforcement Officer" means:
2.1.12.1 a Peace Officer as appointed under the Peace Officer
Act;
2.1.12.2 a Police Officer as appointed under the Police Act;
2.1.12.3 a member of the Royal Canadian Mounted Police;
2.1.12.4 an approved person by Town Council.
2.1.13 "Foundation Drainage" means water collected beneath the surface
of the ground by a foundation drain, weeping tile, sump pump or
other similar means;
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Storm Drainage Bylaw 764-R-07-19
July 29, 2019
2.1.14 "General Medical Waste" means non-hazardous medical waste
and includes, but is not limited to, soiled dressings, sponges,
surgery drapes, lavage tubes, casts, catheters, disposable pads,
disposable gloves, specimen containers, lab coats and aprons,
tubings, filters, towels and disposable sheets, but excludes
Biomedical Waste;
2.1.15 "Hazardous Waste" means waste that is generated from any
Premises and has one or more hazardous properties as described
in the Environmental Protection and Enhancement Act, RSA 2000,
c. E-12, as amended or any act passed in replacement of it;
2.1.16 "Impounded Waters" shall mean man made or naturally occurring
collections or confinements of water.
2.1.17 "Industrial Waste" means waste generated by commercial or
industrial activities that presents health, safety or environmental
concerns, and includes, but is not limited to, lime, sulfur, asbestos,
contaminated soils, empty chemical containers and drums, carbon,
acids, caustics, sludge, and industrial sump water, but excludes
hazardous waste and biomedical waste;
2.1.18 "Interceptor" means a receptacle approved by the CAO or
designate, which is designed to prevent but is not limited to, oil, grit
and other matter from passing from the source into the storm
drainage system.;
2.1.19 "Municipal Government Act" means the Municipal Government Act,
RSA 2000, c M-26, as amended or any act passed in replacement
of it;
2.1.20 "Negative Drainage" means, on a parcel with continuous downward
slope from the property line to the elevation of finished ground
surface at any point immediately adjacent to the building on all
sides of the parcel;
2.1.21 "Negative Impact" means impairment of or damage to, or the ability
to cause impairment of or damage to:
2.1.21.1 the storm drainage system;
2.1.21.2 human health or safety;
2.1.21.3 property; or;
2.1.21.4 the environment
2.1.22 "Occupant" means a person who is an owner of a premises who
resides or carries on business within a premise or a person who
resides in the premises or carries on a business within a premise
pursuant to a lease or licence.
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Storm Drainage Bylaw 764-R-07-19
July 29, 2019
2.1.23 "Owner" means a person who is registered under the Land Titles
Act as the owner of a parcel of land and who is recorded as the
owner of a property on the Town's tax assessment roll.
2.1.24 "Parcel" means the aggregate of one or more areas of land
described in a certificate of title;
2.1.25 "Person" means any individual, or any business entity including,
but not limited to, a firm, partnership, association, corporation,
society or legal entity;
2.1.26 "Premises" includes lands and buildings or both, or a part thereof;
2.1.27 "Prohibited Material" means any Substance that may, directly or
indirectly, obstruct the flow of water within the storm drainage
system or may have a Negative Impact, and includes, but is not
limited to:
2.1.27.1 soil, sediment, waste or other solid matter;
2.1.27.2 fecal matter, animal waste;
2.1.27.3 cooking oils and greases;
2.1.27.4 gasoline, motor oil, transmission fluid, and antifreeze;
2.1.27.5 solvents;
2.1.27.6 paint;
2.1.27.7 cement or concrete wastes;
2.1.27.8 sawdust, wood, fiberboard or construction material;
2.1.27.9 yard waste;
2.1.27.10 pesticides, herbicides or fertilizers;
2.1.27.11 biomedical waste or general medical waste;
2.1.27.12 hazardous waste;
2.1.27.13 industrial waste; soaps or detergents; water from hot
tubs; water from pools; and
2.1.27.14 any substance or combination of substances that emits
an odor or color.
2.1.28 "Provincial Offences Procedure Act" means the Provincial
Offences Procedure Act, RSA 2000, c P-34, as amended or any
act passed in replacement of it;
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July 29, 2019
2.1.29 "Release" has the meaning of "Release" as defined in the
Environmental Protection and Enhancement Act, RSA 2000, c E-
12, as amended or any act passed in replacement of it;
2.1.29.1 "Release" includes to spill, discharge, dispose of, spray,
inject, inoculate, abandon, deposit, leak, seep, pour,
emit, empty, throw, dump, place and exhaust.
2.1.30 "Remedial Order" means a remedial order written pursuant to
Section 545 of the Municipal Government Act;
2.1.31 "Reserve" means a parcel designated on its certificate of title as
municipal reserve, school reserve, municipal and school reserve,
environmental reserve or public utility lot, or a parcel administered
by the Town as if it had such reserve designation;
2.1.32 "Sideyard" means that portion of a parcel extending from the front
yard to the rear yard and between the side property line of the
parcel and the closest side of the principal building;
2.1.33 "Storm Drainage" means runoff that is the result of precipitation or
from the melting of snow or ice;
2.1.34 "Storm Drainage System" means the system for collecting, storing
and disposing of storm drainage, and includes:
2.1.34.1 the catch basins, sewers and pumping stations that make
up the storm drainage collection system,
2.1.34.2 the storm drainage facilities, structures or equipment
used for storage, management and treatment to buffer
the effects of the peak runoff or improve the quality of the
storm water,
2.1.34.3 the storm drainage inlet and outfall structures, and
2.1.34.4 the surface drainage facilities, but
2.1.34.5 does not include plumbing or service connections in
buildings;
2.1.35 "Street" means any thoroughfare, highway, road, trail, avenue,
parkway, driveway, viaduct, lane, alley, square, bridge, causeway,
trestleway, or other place, whether publicly or privately owned, any
part of which the public is ordinarily entitled or permitted to use for
the passage or parking of vehicles, and includes:
2.1.35.1 a sidewalk (including the boulevard portion of the
sidewalk),
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Storm Drainage Bylaw 764-R-07-19
July 29, 2019
2.1.35.2 if a ditch lies adjacent to and parallel with the roadway,
the ditch, and
2.1.35.3 if a street is contained between fences or between a
fence and one side of the roadway, all the land between
the fences, or all the land between the fence and the
edge of the roadway, as the case may be.
2.1.36 "Substance" has the meaning of "substance" as defined by the
Environmental Protection and Enhancement Act, RSA 2000, c E-
12, as amended or any act passed in replacement of it and
includes:
2.1.36.1 any matter that is capable of becoming dispersed in the
environment;
2.1.36.2 any matter that is capable of becoming transformed in
the environment into matter that is capable of becoming
dispersed in the environment;
2.1.36.3 any sound, vibration, heat, radiation, or other form of
energy, and
2.1.36.4 any combination of the above.
2.1.37 "Surface Drainage Facility" means any facility or facilities
associated with drainage or control of storm drainage that is
ultimately directed to a Street or storm drainage system, and
includes, but is not limited to:
2.1.37.1 a grass swale;
2.1.37.2 a concrete or asphalt walkway, gutter or swale;
2.1.37.3 a drainage control fence or structure; or
2.1.37.4 the sloping and contouring of land to facilitate or control
storm drainage;
2.1.38 "Town" means the Municipal Corporation of the Town of Coaldale,
and where the context means the area contained within the
boundaries of the Town of Coaldale;
2.1.39 "Utility Invoice" means a customer's billing statement for Town
utilities, including E-bills;
2.1.40 "Utility Rates Bylaw" means the Water, Sewer, Solid Waste,
Recycling and Storm Water Rates Bylaw in effect at the time as
passed by Council from time to time;
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2.1.41 "Utility Services" means the utilities provided by the Town in
accordance with the Municipal Government Act, including, water,
sewer, garbage collection, and storm drainage;
2.1.42 "Utility Services Account" means the account a consumer sets up
with the Town for the main purpose of receiving and paying utility
invoices;
2.1.43 "Water" means all water in any form on or under the surface of the
ground;
2.1.44 "Yard Waste" means waste from gardening or horticultural
activities and includes, but is not limited to, grass, leaves, plants,
tree and hedge clippings, and sod.
2.2
Each provision of this Bylaw is independent of all other provisions and if
any provision is declared invalid for any reason by a Court of competent
jurisdiction, all other provisions of this Bylaw remain valid and enforceable.
2.3
Any headings, sub-headings, or tables of contents in this Bylaw are
included for guidance purposes and convenience only and shall not form
part of this Bylaw.
2.4
All the schedules attached to this Bylaw shall form a part of this Bylaw.
3.
COMPLIANCE WITH OTHER LAWS
3.1
Nothing in this Bylaw relieves a Person from complying with any provision
of any federal or provincial law or regulation, other bylaw or any
requirement of any lawful permit, order or license.
4.
DISCHARGES TO THE STORM DRAINAGE SYSTEM
4.1
No Person shall release, or allow to be released, any prohibited material
into the storm drainage system, except as permitted in Subsection 5.2.
4.2
The following may be released into the storm drainage system:
4.2.1 foundation drainage;
4.2.2 water resulting solely from:
4.2.2.1 irrigating or otherwise watering a lawn, garden and trees or
other landscaping; or
4.2.2.2 washing of single-family or semi-detached homes with
environmentally friendly chemicals;
4.2.2.3 washing of vehicles using environmentally friendly
chemicals;
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Storm Drainage Bylaw 764-R-07-19
July 29, 2019
4.2.2.4 water resulting from extinguishing fires;
4.2.3 materials used for snow and ice control;
4.2.4 a discharge to the storm drainage system which has been
approved in writing by the CAO.
5.
UNAUTHORIZED DISCHARGES
5.1
Any person who, in contravention of this Bylaw, releases, or causes or
allows any prohibited material to be released into the storm drainage
system in contravention of the Bylaw, shall immediately take all reasonable
measures to:
5.1.1 notify the 911 emergency telephone number if there is any
immediate danger to:
5.1.1.1 human health or safety;
5.1.1.2 property
5.1.1.3 the environment or
5.1.1.4 the storm drainage system
5.1.2 notify the CAO;
5.1.3 notify any other Person that may be directly affected by the
discharge;
5.1.4 mitigate the discharge, including, but not limited to, taking
measures to prevent the obstruction of the storm drainage system
or measures to prevent a Negative Impact; and
5.1.5 cover and clearly mark all hoses used to direct water to the storm
drainage system to protect the public from injury.
5.2
The Person reporting the discharge described in Sub-Section 6.1 must
provide the following information:
5.2.1 their name and contact information;
5.2.2 the time and location of the discharge;
5.2.3 the type of material discharged and any known associated
hazards;
5.2.4 the volume of material discharged; and
5.2.5 any corrective action taken, or proposed to be taken, to control the
discharge.
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Storm Drainage Bylaw 764-R-07-19
July 29, 2019
5.3
The CAO or designate may require the owner or person responsible for
the discharge described in Sub-Section 5.1 to:
5.3.1 compensate the Town for any costs incurred by the Town to
mitigate the effects of the discharge; and
5.3.2 submit to the CAO a plan setting out how the risk of future similar
discharges will be prevented or eliminated.
5.4
Nothing in this section relieves a person from complying with the
requirements of any federal or provincial law or regulation, other bylaw or
any requirements of any lawful permit, order, or license.
6.
DIRECTING STORM DRAINAGE
6.1
Except where a parcel has negative drainage, no person shall allow
downspouts, eaves troughing, piping or other means of directing storm
drainage on a parcel to terminate within two (2) metres of:
6.1.1 a designated reserve;
6.1.2 a surface drainage facility, except where such surface drainage
facility is located in a side yard; or
6.1.3 a street.
6.2
No person shall directly connect or allow direct connection of downspouts,
eavestroughing, piping or other means of directing roof drainage to a
foundation drain or weeping tile.
6.3
No owner shall permit roof drainage or foundation drainage from a building
to be discharged:
6.3.1 directly onto a pervious ground surfaced within one meter of the
building for all buildings that have a basement or a level below the
finished ground surface;
6.3.2 within 150 mm of an adjacent lot or to within 300 mm of a Town
right-of-way;
6.3.3 to a location where soil erosion would occur;
6.3.4 to a location where the flow of water or accumulation of water would
adversely affect or have potential to adversely affect the stability of
a slope;
6.3.5 to a location or in such a way as to cause or have potential to cause
a nuisance, hazard or damage; or
6.3.6 to the sanitary sewer system except for homes and development
that were connected to a sanitary sewer prior to January 1997; or
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Storm Drainage Bylaw 764-R-07-19
July 29, 2019
6.3.7 in any other situation where the CAO deems it to be a negative
influence on the Town's storm drainage system.
6.4
Except in an emergency, no person shall direct or pump impounded water
from a parcel to the storm drainage system without written consent of the
CAO.
6.5
Under the discretion of the CAO an owner may be required to install an
interceptor to prevent contamination of the storm drainage system.
7.
RETENTION OF STORM DRAINAGE
7.1
The CAO or designate may require the owner or occupant of a parcel to
treat or restrict, impound or otherwise retain storm drainage on such
parcel.
7.2
On-site retention is required for all new commercial, industrial, institutional
and multi-family developments effective on the date of the final reading of
the drainage bylaw. The volume of on-site storage required will be
determined by the CAO based on the available capacity downstream of a
connection.
7.3
Any person who owns or occupies a parcel on which the CAO has directed
an interceptor be located pursuant to Section 7 shall:
7.3.1 keep the interceptor in good working condition at all times; and
7.3.2 service the interceptor often enough so that it does not become
overloaded.
7.4
No person shall deposit, or cause or allow, any interceptor residue to be
deposited into the storm drainage system.
8.
USE OF STORM DRAINAGE
8.1
Without the written consent of the CAO, no person shall use any storm
drainage or impounded storm drainage in the storm drainage system
owned or under the control of the Town for private or commercial activities
including, but not limited to, construction or irrigation purposes.
9.
INTERFERENCE WITH THE STORM DRAINAGE SYSTEM
9.1
Any person who owns or occupies a parcel on which a surface drainage
facility is located shall ensure that:
9.1.1 no building or other structure is constructed, erected, placed, or
allowed to remain on or over the surface drainage facility; and
9.1.2 the surface drainage facility remains clear of soil, silt, yard waste,
debris, ice, snow or other matter which may obstruct, restrict or
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prevent the flow of storm drainage within the surface drainage
facility or the storm drainage system.
9.2
Notwithstanding Section 9, a fence may be constructed over a surface
drainage facility provided there is a vertical clearance over the top of the
surface drainage facility of at least 0.15 metres and it has been authorized
by the CAO.
9.3
No person, unless authorized by the CAO, shall obstruct, restrict or
prevent:
9.3.1 access to the storm drainage system; or
9.3.2 flow of storm drainage into or within the storm drainage system.
9.4
No person, unless authorized by the CAO, shall alter, remove or change,
either temporarily or permanently, any part of the storm drainage system.
9.5
A person must not, unless authorized by the CAO, make or create a
surface drainage facility that connects to the storm drainage system.
10.
COMPLIANCE WITH INSTRUMENTS REGISTERED ON TITLE
10.1 The owner of a parcel shall comply with the terms and conditions of any
easement, utility right-of-way, caveat, restrictive covenant, or any other
document that has been registered on the title of the parcel to protect a
drainage structure, swale, ditch or other surface drainage facility, or the
stability of a slope.
11.
CONNECTIONS
11.1 No person shall make, alter or remove, or permit the making, alteration or
removal of, any connection to the storm drainage system without the
written approval of the CAO.
11.2 Applications for the installation, alteration or removal of a connection shall
be made in writing to the CAO.
11.3 The CAO may approve the installation, alteration or removal of a
connection upon such terms and conditions as the CAO considers
necessary and the payment in advance of the cost or estimated cost of the
installation, alteration or removal of the connection.
11.4 The installation, alteration or removal of a connection shall be carried out
at the expense of the applicant.
11.5 No person shall re-use a connection that has been discontinued, altered
or removed without first obtaining the written consent of the CAO.
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11.6 Where the use of a connection is discontinued, the owner of the premises
which was serviced by such connection shall immediately notify the CAO
in writing.
12.
DISCONNECTIONS
12.1 The CAO may, in addition to any other remedy available, disconnect or
seal off the parcel from the storm drainage system or take such other
action as is necessary to prevent a discharge of storm drainage from
entering the storm drainage system where the discharge:
12.1.1 contains a prohibited material;
12.1.2 creates an immediate danger to any person;
12.1.3 interferes with or endangers the operation of the storm drainage
system; or
12.1.4 may otherwise cause or result in a negative impact.
12.2 Where the CAO has taken action pursuant to Section 12, such action may
be maintained or continued until evidence satisfactory to the CAO has
been produced to assure that no further harmful discharge will be made.
12.3 Where the CAO has taken action pursuant to Section 12, the CAO may,
by notice in writing, advise the owner or occupier of the premises from
which the discharge was emanating, of the cost of taking such action and
the owner or occupier shall forthwith reimburse the Town for all such costs
which were incurred.
13.
RATES AND PAYMENT OF UTILITY SERVICE ACCOUNT
13.1 Utility Rates
13.1.1 A person who has a utility services account and is a consumer
within the meaning of this Bylaw, shall pay the amounts specified
in the Utility Rates Bylaw in effect at the time for storm drainage.
13.1.2 The Town shall determine, in its sole discretion, which rate set out
in the Utility Rates Bylaw applies to any particular consumer,
premises, individual dwelling unit, or property.
13.1.3 The rate payable by a consumer will be determined by reference
to the size of the property or premises, including, but not limited to,
the number of individual dwelling units, whether properly zoned or
not.
13.2 General Payment of Utility Bills
13.2.1 All rates payable to the Town for the provision of services, unless
otherwise established by the CAO at the Town Office, are payable
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on the last day of each month. All rates not paid within (30) days of
the Town rendering a utility invoice to the consumer shall
accumulate interest at the rate of eighteen percent (18%) per
annum until paid.
13.2.2 The utility invoice is deemed received seven (7) days after the
mailing date on the utility invoice. Consumers who have entered
into an E-Bill Service Agreement with the Town, shall be deemed
to have received their utility invoice on the date that the Town
sends the E-Bill to the consumer's e-mail address.
13.2.3 The whole amount owing in a Utility Invoice is payable upon receipt
and the account will be deemed to be in arrears if payment is not
made on or before the date specified in the Utility Invoice for
payment (ie. the last day of the month).
13.3 Non-Payment
13.3.1 Any charges on a consumer's utility invoice remaining unpaid after
the due date identified in the utility invoice, will be in arrears and
constitute a debt owing to the Town recoverable by any or all of the
following methods:
13.3.1.1 discontinuing utility services to the consumer;
13.3.1.2 commencing an action in a court of competent
jurisdiction;
13.3.1.3 transferring the outstanding account balance to the
property tax roll of the owner of the property, if the
account is in the property owner's name, outstanding
charges will be transferred to taxes pursuant to the
Municipal Government Act, RSA 2000, c M-26, and
amendments thereto and charging a transfer fee as set
out in the Utility Rates Bylaw;
13.3.1.4 where the Town has agreed to supply utility services to a
premises at the request of an occupant, not the owner of
the premises, all sums payable by the occupant pursuant
to this Bylaw, are a debt due and owing to the Town and
shall constitute a preferential lien and charge on the
occupant's personal property and maybe levied and
collected with costs through distress and the sale of the
goods and chattels of the consumer wherever found in
the Town;
13.3.1.5 any combination of the above.
14.
AUTHORITY OF CAO
14.1 The CAO may:
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14.1.1 delegate any or all of the powers granted to the CAO pursuant to
this Bylaw;
14.1.2 establish any conditions or requirements of an approval or permit
to release water to the storm drainage system, including, but not
limited to:
14.1.2.1 testing, monitoring or reporting requirements;
14.1.2.2 equipment or equipment maintenance requirements; and
14.1.2.3 filtration, settling or other treatment requirements;
14.1.3 order the testing of any discharge to the storm drainage system;
and
14.1.4 establish fees for approvals or permits.
14.2 Notwithstanding any other provision in this Bylaw, the CAO may establish
rates, volumes and locations of discharges, including, but not limited to:
14.2.1 overland flows to a Town owned parcel, including a reserve;
14.2.2 discharges into a storm drainage system; and
14.2.3 discharges to a street.
15.
APPROVALS
15.1 A person to whom a written approval has been issued pursuant to this
Bylaw shall ensure every provision and condition of that approval is
complied with.
15.2 Every person who relies on a written approval issued pursuant to this
Bylaw has the onus of proving that they were the holder of a valid and
subsisting approval.
16.
INSPECTIONS
16.1 Subject to the entry notice provisions of the Municipal Government Act, a
designated Enforcement Officer and or designated staff of the Town,
bearing proper identification, may inspect, observe, measure, sample and
test the water or storm drainage on any premises in order to determine
whether or not this Bylaw, or an approval granted pursuant to this Bylaw,
is being complied with.
17.
REMEDIAL ORDERS
17.1 Where an Officer who is also a designated Enforcement Officer believes a
person has contravened any provision of this Bylaw, he may issue to the
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person a remedial order, pursuant to Section 545 of the Municipal
Government Act, or amendments thereto, to remedy the infraction.
17.2 Every remedial order written with respect to this bylaw must:
17.2.1 indicate the person to whom it is directed;
17.2.2 identify the property to which the remedial order relates by
municipal address or legal description;
17.2.3 identify the date that it is issued;
17.2.4 identify how the premises fails to comply with this Bylaw;
17.2.5 identify the specific provisions of the Bylaw the premises
contravene;
17.2.6 identify the nature of the remedial action required to be taken to
bring the premises into compliance;
17.2.7 identify the time within which the remedial action must be
completed;
17.2.8 indicate that if the required remedial action is not completed within
the time specified, the Town may take whatever action or measures
are necessary to remedy the contravention;
17.2.9 indicate that the expenses and costs of any action or measures
taken by the Town under this section are an amount owing to the
Town by the person to whom to order is directed;
17.2.10
indicate that the expenses and costs referred to in this
section may be attached to the tax roll of the property if such costs
are not paid by a specified time;
17.2.11
indicate that an appeal lies from the remedial order to the
Town Council, if a notice of appeal is filed in writing with the Town
Clerk within fourteen days of the receipt of the remedial order.
17.3 A remedial order written pursuant to this Bylaw may be served personally
upon the owner of the premises to which it relates, or it may be left with a
person apparently over the age of 18 years at the premises.
17.4 If, in the opinion of an Enforcement Officer, service of the remedial order
cannot be reasonably affected, or if the Enforcement Officer believes that
the owner of the premises is evading service, the Peace Officer may post
the remedial order in a conspicuous place on the premises to which the
remedial order relates, or on the private dwelling place of the owner of the
premises, as registered at the Land Titles Office or on the municipal tax
roll for the premises, and the remedial order shall be deemed to be served
upon the expiry of three (3) days after the remedial order is posted.
Page 16 of 19
Town of Coaldale
Storm Drainage Bylaw 764-R-07-19
July 29, 2019
17.5 Every person who fails to comply with a remedial order issued pursuant to
this Bylaw within the time set out in the remedial order commits an offence.
18.
INTERFERENCE WITH TOWN FORCES
18.1 No person shall hinder, interrupt or cause to be hindered any employee of
the Town or its contractors, servants and agents or workers, in the exercise
of the powers or duties as authorized or required in this Bylaw.
19.
OFFENCES AND PENALTIES
19.1 Any person who contravenes any provision of this Bylaw by: doing any act
or thing which the person is prohibited from doing; or failing to do any act
or thing the person is required to do is guilty of an offence and any offence
created pursuant to this Bylaw is a strict liability offence for the purposes
of prosecution under this Bylaw.
19.2 Where an Enforcement Officer believes that a person has contravened any
provision of this Bylaw, the Enforcement Officer may, in addition to any
other remedy at law, serve upon the person a violation ticket, in the form
provided under the Provincial Offences Procedure Act.
19.3 Where there is a minimum penalty listed for an offence in Schedule "A" to
this Bylaw, that amount is the penalty for the first offence. All subsequent
offences the Enforcement Officer shall establish a penalty between the
minimum and maximum penalty.
19.4 This Section shall not prevent any Enforcement Officer from issuing a
violation ticket requiring a court appearance of the defendant, pursuant to
the provisions of the Provincial Offences Procedure Act.
19.5 The levying and payment of any fine or the imprisonment for any period
provided in this Bylaw shall not relieve a person from the necessity of
paying any fees, charges or costs from which that person is liable under
the provisions of this Bylaw or any other Bylaw.
20.
RESCINDED OR AMENDED BY-LAWS
20.1 Bylaw 673-R-11-12 and any amendments are hereby rescinded upon this
Bylaw coming into force.
Page 17 of 19
Town of Coaldale
Storm Drainage Bylaw 764-R-07-19
July 29, 2019
21.
EFFECTIVE DATE OF THIS BYLAW
21.1 This Bylaw shall come into full force and effect when this Bylaw has
achieved third reading and is duly signed.
READ a FIRST time this 29th day of July, 2019.
___________________________
___________________________
Mayor - Kim Craig
CAO - Kalen Hastings
Motion #: 240.19
READ a SECOND time this 29th day of July, 2019
___________________________
___________________________
Mayor - Kim Craig
CAO - Kalen Hastings
Motion #: 241.19
UNANIMOUS CONSENT to hold THIRD and FINAL reading this 29th day of July, 2019.
____________________________
__________________________
Mayor - Kim Craig
CAO - Kalen Hastings
Motion #: 242.19
READ a THIRD and FINAL time this 29th day of July, 2019.
____________________________
__________________________
Mayor - Kim Craig
CAO - Kalen Hastings
Motion #: 243.19
Page 18 of 19
Town of Coaldale
Storm Drainage Bylaw 764-R-07-19
July 29, 2019
SCHEDULE "A"
SPECIFIED AND MINIMUM PENALTIES
SECTION
OFFENCE
MINIMUM
PENALTY
MAXIMUM
PENALTY
4
Release a Prohibited Material
$500
$3000
4.1
Discharge exceeding 3000 Liters
$75
$500
5.1.1, 5.1.4,
5.1.5
Fail to notify of discharge
$75
$500
6.1.2, 6.4.1
Fail to mitigate prohibited
discharge
$500
$3000
6.1.3, 6.4.2
Fail to cover or clearly mark hose
$75
$300
7.1
Allow termination within 2 meters
$75
$500
7.2
Connect directly to foundation
drain or weeping tile
$500
$500
7.3.1
Discharge of roof or foundation
drainage within one meter of
building
$250
$500
7.3.2
Discharge of roof or foundation
drainage directly onto an adjacent
lot or Town right-of-way
$250
$500
7.3.3
Discharge of roof or foundation
drainage to a location causing soil
erosion
$250
$500
7.3.4
Discharge of roof or foundation
drainage that adversely affects
the stability of slope
$250
$500
7.3.5
Discharge of roof or foundation
drainage that causes a nuisance,
hazard or damage
$250
$500
7.3.6
Discharge of roof or foundation
drainage to the sanitary sewer
system
$500
$1500
7.4
Pump/Direct water from a Parcel
$500
$1500
8.3.1, 8.3.2
Fail to maintain Interceptor
$500
$1500
8.4
Deposit Interceptor residue
$500
$3000
9.1
Unauthorized use of Storm
Drainage
$500
$1000
10.1.1
Allow structure on or over a
Surface Drainage Facility
$500
$1500
10.1.2
Fail to ensure Surface Drainage
Facility remains clear of debris
$500
$1500
10.2
Insufficient clearance over a
Surface
$500
$1500
Page 19 of 19
Town of Coaldale
Storm Drainage Bylaw 764-R-07-19
July 29, 2019
SECTION
OFFENCE
MINIMUM
PENALTY
MAXIMUM
PENALTY
10.3.1
Restricting access to Storm
drainage system
$500
$1500
10.3.2
Restricting Flow into or within
Storm drainage system
$500
$1500
10.4
Altering, removing or changing
Storm drainage system
$500
$1500
10.5
Make or create Surface Drainage
Facility
$500
$1500
11.1
Fail to comply with an easement
$200
$500
12.1
Unauthorized Connection to
Storm drainage system
$500
$1500
12.6
Failure to notify CAO of
discontinuation
$75
$300
19.5
Violate approval or condition of
approval
$500
$1500
17.4
Fail to comply with Remedial
Order
$250
$500
18.1
Hindering authorized Town
employee
$500
$1000