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Village of Cremona Water Wastewater Bylaw 461-15
Amended February 20, 2018
BY-LAW #461-15
Village of Cremona Water Wastewater
Amended February 20, 2018
BEING a Bylaw of the Village of Cremona in the Province of Alberta, respecting Water and
Wastewater Services in the Village of Cremona.
WHEREAS, pursuant to the Municipal Government Act, Chapter M-26 2000 and amendments
thereto, provide for the passing of a Bylaw by a Municipal Council respecting Public Utilitie4s
within the Village; and
WHEREAS, Water and Wastewater Services are defined as a Public Utility;
NOW THEREFORE, Council of the Village of Cremona duly assembled and Pursuant to the
Municipal Government Act, Chapter M-26 of the Revised Statues of Alberta enacts as follows:
SHORT TITLE: This Bylaw may be referred to as the Water and Wastewater Bylaw of the Village
of Cremona.
1. USE AND CONTROL
1.1
The use and control of all public waterworks, water treatment systems, and common
sewers and of any sewage disposal works connected therewith shall be in accordance
with this by-law.
2.
AREA OF RESPONSIBILITY
2.1
All waterworks, sanitary sewers, storm sewers, drains, and sewage disposal works
belonging to the Village and now laid down, or hereafter laid down, shall be under
the direct control of the Village.
3. DEFINITIONS
3.1
Authorized Person means any representative appointed by the Village of Cremona.
3.2
Bylaw Officer means a person appointed by Council of the Village of Cremona or a
Special Constable or a Peace Officer appointed by the Solicitor General of Alberta
employed by the Village of Cremona or a member of the Royal Canadian Mounted
Police.
3.3
Meter means a water meter used measure the amount of water used in either
imperial or metric measurements.
3.4
New Customer means any owner, partnership or corporation.
3.5
Owner or Person means a person, firm, corporation, or any other entity that is
registered under the Land Titles Act as the owner of the land receiving water and
wastewater services.
3.6
Service Line means that line extending from the main in the street to the building
being serviced.
3.7
Street Main means that portions of water and/or sewer line that is laid for the
service of more than one person.
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Village of Cremona Water Wastewater Bylaw 461-15
Amended February 20, 2018
4. WATER WORKS
4.1
No person except those authorized by the Village shall make any connection with any
of the public pipes or mains in the Village of Cremona.
4.2
All new customers requesting water service in the village must submit a deposit as
set out the current Village of Cremona Establishment of Fees for Services Bylaw
within 30 days of purchasing the property. This deposit will be used to offset any
account arrears following final billing. If there are no arrears the deposit will be
refunded in full to the customer. Refunds of deposits will be processed on written
request only. Unclaimed deposits will be handled according to the Municipal
Government Act.
4.3
All water service pipes laid on either private or public property shall be C.S.A.
approved and meet the current construction standards of the Village of Cremona.
4.4
All water users require meters and remote reading devices to be installed on their
premises. The cost of the meter and the remote reading device is to be borne by the
Village of Cremona. Readers shall be installed towards the front of the building
where convenient access is, and will be at all times, available to personnel from the
Village.
4.5
Water meters must be installed in such a manner, and allow access to Village
personnel for the purpose of reading, sealing, installing, replacing or shutting off the
meter.
4.6
No connection may be made to the water service pipes between the property line
and the meter.
4.7
Any person permitting any meter to be damaged by frost shall be liable for all costs
incurred in the repair or replacement of the meter.
4.8
All owners, tenants or occupiers shall give access to an authorized Village employee
to:
4.8.1
Install, service or seal a water meter and shall be liable for any damage
which may occur to said meter;
4.8.2
Shut off and seal a water line for non-payment.
4.9
Should any person claim a meter is not working and requests that the meter be
removed and tested, the said person shall deposit with the Village of a sum as stated
in the current Village of Cremona Establishment of Fees for Services Bylaw. The
property owner shall then bring the meter to the Village office and the public works
department shall have the meter tested. If the meter is found to be over reading by
more than three percent (3%) the deposit shall be refunded. Any meter meeting the
three per cent (3%) guideline shall be considered adequate, and the deposit shall be
forfeited along with any additional costs involved in the testing or reinstallation of
the meter.
4.10
No person shall interfere with, cut or remove the wire seal on a meter, valve or
outside readout except for the purpose of installation of the meter or reader.
4.11
To maintain adequate water supply within the Village, the Council or Management
Staff of the Village may impose restrictions on the use of water.
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Village of Cremona Water Wastewater Bylaw 461-15
Amended February 20, 2018
4.12
No person shall disconnect a meter or do anything which may prevent or impede the
flow of water through a meter, or which may affect the proper operation of the
meter unless authorized by the Village.
4.13
Interference with hydrants and valves - except as hereinafter provided, no person
other than authorized employees of the Village shall open, close, operate or interfere
with any valves, stop cocks, hydrant or fire plug to draw water therefrom.
4.14
The Chief of the Cremona Fire Department, their assistants and officers, and member
of that department, are authorized to use the hydrants or plugs for the purposes of
testing or fire protection. All actions shall be under the direction of the Chief or his
or her duly authorized officers.
4.15
No person shall in any manner obstruct the free access to any hydrant, valve or stop
cock. No vehicle, building, rubbish or any other matter which would cause such
obstruction of the street in which the hydrant is located, may be within (20) feet of
the hydrant in the direction parallel with the said property line.
4.16
The Village shall assume the full responsibility and costs for any water service line
which may hereinafter be frozen between the property line and the main line. Any
water line frozen between the property line and the meter shall be the sole
responsibility of the person owning the said property. Any costs incurred by the
Village in thawing out a frozen line on behalf of the person, shall be recoverable and
subject to the same penalties as taxes.
4.17
The Village shall assume the full responsibility and costs for any water service line
which may hereinafter be broken between the property line and the main line. Any
water line broken between the property line and the meter shall be the sole
responsibility of the person owning the said property. Any costs incurred by the
Village in repairing the water line on behalf of the person, shall be recoverable and
subject to the same penalties as taxes.
4.18
No person shall throw or deposit any injurious, offensive or any substance into the
water or waterworks which would detract from the quality of the water within the
system. Nor shall any person commit any willful damage or injury to the works,
pipes, or water quality or encourage it to be done.
5. WASTEWATER
5.1
No person other than those authorized by the Village shall make any connection to
the Village's wastewater lines, mains or system.
5.2
No person shall throw, deposit, or leave in/or upon any Village sewer, or any trap,
basin, grading, manhole, or other appurtenance of any Village sewer, any injurious,
or offensive matter. Nor shall any waste or discharge resulting from any trade,
industrial or manufacturing process, shall be directly discharged to any sewer
without such previous treatment as shall be prescribed by the Village for each such
case. The necessary treatment works 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.
5.3
Any person claiming that any wastewater service line located on Village property is
plugged or is plugged because of a problem with the village main, or not laid
according to good practice, the said person shall deposit with the Village according to
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Village of Cremona Water Wastewater Bylaw 461-15
Amended February 20, 2018
the current Village of Cremona Establishment of Fees for Services Bylaw. The Village
will then be authorized to open the said wastewater service line by any method it
considers necessary.
5.4
Should the said service line be found properly laid according to good work practice
and no problem with the main found, that person shall forfeit the said deposit and
shall be liable to pay all costs incurred by the Village to open the line and/or
determine the problem. Such costs so incurred shall be subject to the same penalties
and are collectible by the same practices as taxes levied by the Village.
5.5
No person shall permit to be discharged into any wastewater line, any liquid or
liquids or steam, condensed water, or heated water of a higher temperature than 77
degrees Celsius or 170 degrees Fahrenheit.
5.6
Grease traps of sufficient size and 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.
5.7
Sumps of sufficient size and approved design shall be placed on the waste pipes from
all car washes and any other building which may cause excess dirt and debris to pass
into the wastewater system.
5.8
Unless permitted by the Village, no person shall connect any roof downspout,
weeping tile, exterior foundation drain or areaways drain, or collect or direct other
sources of surface runoff or ground water, to a building sewer system, or building
drain this in turn is connected directly or indirectly to a sanitary line.
5.9
Where a dispute exists as to the responsibility for wastewater service failures or
blockage, a video inspection or an electronic line location may be performed in an
attempt to determine the location of the problem. All costs associated with such
determination shall be borne by the party responsible for maintaining the portion of
the building sewer where the problem is found to exist.
5.10
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.
5.11
No person shall cut, break, pierce or tap any Village sewer or appurtenance thereof,
or introduce any pipe, tube, trough, or conduit into any Village sewer, except where
duly authorized by the Village.
5.12
No person shall interfere with the free discharge of any town sewer, or part thereof,
or do any act or thing which may impede or obstruct the flow or clog up any Village
sewer or appurtenance thereof.
5.13
An authorized Village employee or Plumbing Inspector shall have the right at all
reasonable times to enter houses or other places which have been connected with
Village sewers, and facilities must be given to him to ascertain whether or not any
improper material or liquid is being discharged into the sewers, and he shall be
authorized to stop or prevent from discharging into the sewer systems, any private
sewer or drain through which substances are discharged which are liable to injure
the sewers or obstruct the flow of sewage.
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Village of Cremona Water Wastewater Bylaw 461-15
Amended February 20, 2018
5.14
The persons occupying any premises connected to a street main by a sewer line shall
be required to keep the said sewer service line in operating condition at all times and
shall be fully responsible for the operation of the said sewer service line.
5.15
All sewer connections intended for mobile home use are required to provide an
outside clean out as specified by the Village.
6. RIGHT OF ENTRY
6.1
Any duly authorized employee or agent of the Village, bearing proper credentials and
identification, may enter upon any property for the purpose of inspection,
observation, measurement, sampling or testing in accordance with the provisions of
this Bylaw. If such an inspection discloses any failure, omission, or neglect respecting
any water or wastewater services upon the property, or discloses any defect in the
location, construction, design or maintenance of any facility or connection, the
person making such inspection may, in writing, notify the consumer, owner,
proprietor or occupier to rectify the cause of complaint within a reasonable time as
determined by the Village Manager. Such person shall, within the time specified in
the notice; rectify the complaint stated in the notice.
7. LIABILITY FOR DAMAGE
7.1
The Village will not be 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 by-
law or the failure of the Village to discharge any of its obligations pursuant to this by-
law unless the Village is proven grossly negligent.
8. PROVISIONS FOR OPERATIONS
8.1
The Village may provide, supervise, and operate the facilities and equipment
necessary for the construction, maintenance, control and operation of the water and
sewer systems of the Village.
8.2
The Village may enter into a contract with any person for the construction and/or
operation of the whole or a portion of the water and sewer system within the Village.
8.3
The Village may:
8.3.1 supervise the construction, control and operation of water and sewer
systems.
8.3.2 direct the days, times and ways that the water and sewer system hall be
utilized by designation area of the Village.
8.3.3 decide as to the quantities and classes of sewage to be accepted in the system
from any premises.
8.4
Subject to the provisions of this by-law, the decision of the Village as to:
8.4.1 that amount of water supplied to any person and/or premises and
8.4.2 the amount and types of sewage which the Village is obliged to accept from
any person and/or premises shall be final and conclusive subject only to the
superior statuary of another entity.
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Village of Cremona Water Wastewater Bylaw 461-15
Amended February 20, 2018
9. MISUSE OF SERVICES - GENERAL
9.1
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 authorizations contained in the by-law.
9.2
No person shall let off or discharge water so that it runs waste or in a useless
manner.
10. DANGEROUS GOODS
10.1
No personal shall place or mix any dangerous goods, hazardous waste or biological
waste in either the water or sewer system of the Village.
10.2
Any person or like enterprise breaching any part of the hazardous waste section
including but not limited to spills, leaks, or dumping upon Village right-of-ways, shall
be responsible for all costs incurred in the elimination of any pollution or
contamination of the sites involved in the Village and shall make payment of the
same to the
10.3
Village on demand, such restitution will not exempt the person or organization from
prosecution for contravention of this by-law.
10.4
The owner or person responsible for the existence or accumulation of hazardous
waste or an agent of the owner or responsible person shall cause the hazardous
waste to be transplanted to a disposal site and disposed of as prescribed by the
Executive Officer of the Local Board of Health and in a special disposal area
designated by the Province of Alberta.
11. RATES AND FEES
11.1
Every utility account customer being the owner of the property shall pay a rate and
consumption charge for the service and supply of water and or sewer collection in
accordance with by-laws established by the Village.
11.2
Landowner/Property Owners who rent their property must have the utility account
in their name. The owner may request a duplicate copy of their utility bill by signing
an authorization at the Village Office.
11.3
The liability for utility payment will reset with the Landowner/Property Owner.
12. BULK WATER
12.1
The Village may provide bulk water service at a rate established by resolution or by-
law of Council.
12.2
The Village is responsible for the maintenance and facility for bulk water purchases
and therefore may close the facility for maintenance or when water is not available
for sale.
13. PAYMENT & PENALTIES)
13.1
Should any combined water and wastewater account or portion thereof remain
unpaid for more than sixty (60) days following the date of the billing, the Village of
Cremona shall have the right to enforce payment by transfer of the unpaid amount
to the property tax account or the right to disconnect the water supply to the
property.
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Village of Cremona Water Wastewater Bylaw 461-15
Amended February 20, 2018
13.2
Where it has become necessary to transfer the unpaid amount to the property tax
account, it shall be subject to the same penalties and shall be collectible by the
same procedures as taxes levied by the Village of Cremona.
13.3
Where it becomes necessary to discontinue service for non-payment of an account,
reconnection will not be made until all arrears are paid in full and in addition, a
reconnection charge as specified in the Village of Cremona Establishment of Fees for
Services Bylaw will be payable in advance.
13.4
That in the case of default of payment of the combined water and wastewater
charges, or each in any of them, the Village of Cremona may enforce payment by
action in a court of competent jurisdiction or alternatively by distress upon seizure
of good and chattels of the owner or occupant or alternately by making the water
and wastewater charges in default, a charge against or lien upon the properties
served by these utilities, and in the event the charge of lien is so made it shall be
subject to the same penalties and shall be collectively by the same procedure as
taxes levied by the Village of Cremona.
13.5
NSF Cheques: A penalty as stated in the current Village of Cremona Establishment of
Fees for Services Bylaw will be imposed on any customer issuing an NSF cheque to
the Village of Cremona.
14. ENFORCEMENT PROCEDURES
14.1
Where a Bylaw Officer believes that a person has contravened any provision of this
Bylaw, he may serve upon such person a Violation Ticket in accordance with Part 2
of the Provincial Offences Procedure Act, R.S.A. 2000, c.P-34.
14.2
Notwithstanding Section 14.1, a Bylaw Officer may, in lieu of prosecution, issue to
any person by personal service or regular or registered mail, a Bylaw Violation Tag
in a form as approved by the Chief Administrative Officer.
14.3
A person who has been issued a Bylaw Violation Tag in respect of a contravention
of this Bylaw and who has fully paid the penalty in lieu of prosecution prescribed
thereon within the time allowed for payment shall not be liable to prosecution for
the contravention.
15. PENALTIES
15.1
Any person who contravenes any provision of this Bylaw is guilty of an offence and
is liable on summary conviction to a fine of not more than TWO THOUSAND FIVE
HUNDRED DOLLARS ($2500.00) and not less than SEVENTY-FIVE DOLLARS ($75.00)
and in default of payment is liable to imprisonment for a term not exceeding six (6)
months.
15.2
The specified penalty in respect of a contravention of a specific provision of this
Bylaw is the amount provided in the current Village of Cremona Establishment of
Fees for Services Bylaw.
15.3
The penalty in lieu of prosecution payable for a specific contravention of this Bylaw
is the amount provided for in the current Village of Cremona Establishment of Fees
for Services Bylaw.
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Village of Cremona Water Wastewater Bylaw 461-15
Amended February 20, 2018
15.4
Where any person contravenes the same provision of this Bylaw twice within a
twelve (12) month period, the specified penalty payable in respect of the second
contravention shall be double the amount provided for in the current Village of
Cremona Establishment of Fees for Services Bylaw.
15.5
Where any person contravenes the same provision of this Bylaw three or more
times within a twelve (12) month period, the specified penalty payable in respect
of the third or subsequent contravention shall be triple the amount provided for in
the current Village of Cremona Establishment of Fees for Services Bylaw.
15.6
A contravention of this Bylaw proceeded with in lieu of prosecution shall be
deemed to be a contravention for the purposes of Sections 15.4 and 15.5.
15.7
The payment of any penalty or the imprisonment for any period as imposed
pursuant to this Bylaw shall not relieve a person from the payment of any fees,
charges or costs for which he is liable under the provisions of this Bylaw.
16. MISCELLANEOUS
16.1
The amendments to this Bylaw shall come into force and effect on the date of the
final passing thereof.
Amended and Read a first time this 20 day of February, 2018.
Amended and Read a second time this 20 day of February, 2018.
Amended and Read a third time this 20 day of February, 2018.
______________________________________
Tim Hagen, Mayor
_______________________________________
Luana G. Smith, Chief Administrative Officer