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CYPRESS COUNTY
BYLAW 2020/20
A Bylaw for the levying and collection of water and sewer service charges.
PURSUANT to the provisions of the Municipal Government Act, being Chapter M-26 of the
Revised Statutes of Alberta, 2000, and amendments thereto, the Council of Cypress County, duly
assembled, ENACTS AS FOLLOWS:
1.
DEFINITIONS
In this Bylaw:
1.1
"CAO" means the Chief Administrative Officer for the County.
1.2
"Council" means the Municipal Council of Cypress County.
1.3
"County" means Cypress County.
1.4
"Developer" means the person or persons applying for a Development Permit
pursuant to the County's Land Use Bylaw.
1.5
"Development" has the same meaning as prescribed in Part 17 of the Act.
1.6
"Development Permit" means a document authorizing a development issued
pursuant to the Land Use Bylaw.
1.7
"Land Use Bylaw" mean a bylaw passed by Cypress County may prohibit or
regulate and control the use and development of land and buildings in the
Municipality.
1.8
"Master Rates Bylaw" means a bylaw passed by Cypress County for fees for
information, goods, and services provided by the municipality.
1.9
"Owner" means the person or persons shown on the title of land serviced by a
water or sewer system and is contracted to purchase water and/or sewer services
from the County.
2.
GENERAL
2.1
Every water service connection where the County operates a water system shall
be metered.
2.2
New developments requiring water or sewer service must be applied for by the
owner or developer and accompanied by the respective refundable deposits as
described and set out in the Master Rates Bylaw prior to the issuance of a
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Development Permit pursuant to the Land Use Bylaw.
2.3
Billing for new water and sewer services shall commence on the date the water is
turned on by the County.
2.4
An owner must accept responsibility for payment of all utilities consumed and
services rendered.
2.5
The C.A.O. will determine into which classification any service belongs and, in
the case of a dispute, the matter shall be referred to the Council whose decision
shall be final and binding on all persons concerned.
2.6
The owner shall to the extent permitted by law, indemnify and hold harmless (the
County) for any liability arising from the installation of water and sewer hookup
to County infrastructure, and to the extent attributable to their own negligence.
2.7
Any development requiring water and sewer hook up to County owned
infrastructure is required to provide proof of Comprehensive General Liability
Insurance, covering operations in connection with this Bylaw (other than the
operation of automobiles), including employer's liability, contingent, liability
with respect to the operations of subcontractors, and contractual liability assumed
by the consultant under this agreement, The limits of such insurance shall be not
less than bodily injury and property damage ($2,000,000) for any one accident, or
equivalent limits.
3.
RATES AND CHARGES
3.1
Rates and charges for water and sewer services provided by the County shall be as
described and set out in the Master Rates Bylaw.
3.2
Base fee and consumption charges as set out in the Master Rates Bylaw are for a
two (2) month period and will be invoiced bimonthly.
3.3
Water meters shall be read every two months prior to billing. If a meter read
cannot be obtained for any reason an estimate can be used.
4.
HYDRANTS, VALVES AND CURB STOPS
4.1
No person shall open, close or interfere with any hydrant or valve of a water
works system without the permission of the County.
4.2
No person shall open, close or interfere with any curb stop without the permission
of the County.
4.3
The County may permit water to be taken from a hydrant during construction or
otherwise, provided that a deposit in the amount set out in the Master Rates
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Bylaw be left with the County for permission to use a hydrant for a designated
period.
4.4
No deposit will be refunded for hydrant use exceeding the designated period.
4.5
Water taken from a hydrant may be measured by a meter supplied by the County
and shall be charged for at the rates set out in the Master Rates Bylaw.
4.6
Any person or persons causing damage to a hydrant, valve or meter supplied for
water taken from a hydrant shall be responsible for the cost of repairs as a result
of any damage caused to the hydrant, valve or meter.
5.
SERVICE CONNECTIONS
5.1
The owner of any parcel of land shall pay the full costs for connection from the
nearest suitable main service line to the parcel(s) requiring services, The sum or
sums shall be set out in a Municipal Services or Development Agreement, as a
condition of the development's approval.
5.2
All such connections and installations shall be supervised and approved by the
consultant of the County, with a minimum of 3 calendar days notice. Any and all
costs associated with the installation will be the responsibility of the owner.
5.3
Unless otherwise expressly approved in writing by the County, the owner of any
premise used for human occupancy, employment, recreation, commercial or
industrial business, or other purpose shall be required to connect to the water or
sewer system where one is available.
5.4
Once a connection is made to the County sewer system, the property owner is
responsible for maintenance of the service line from the building to the property
line.
5.5
Once a connection is made to the County water system, the property owner is
responsible for maintenance of the service line from the building to the property
line.
5.6
When any sewer connection is abandoned, the owner or his agent shall effectively
block up the connection at a suitable locations within his property so as to prevent
sewage backing up into the soil, or dirt from being washed into the sewer.
6.
COLLECTION AND ENFORCING PAYMENT
6.1
All accounts shall be forwarded to the owner and shall be due and payable when
rendered with payment to be made at the office of the County or at a
(a)
preauthorized financial institution. Failure to receive an account shall in no
way affect the liability of the owner to pay the account.
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6.2
In the event an account remains unpaid for a period of thirty (30) days after the
final date of the billing period, the County shall cause a written notice to be sent
by regular mail to the delinquent owner advising that the delinquent balance will
be transferred to the taxes unless the account is paid in full by the date specified in
the notice. A notice shall be deemed to have been received seven (7) days after it
is sent.
6.3
(a)
If, after the date specified in the notice, as provided for in sub-section 6.2
above, the account remains unpaid, a non-payment fee as set out in the
Master Rates Bylaw will be added to the taxes.
(b)
Notwithstanding sub-section 6.3(a), after review of the payment history of an
account, the CAO may allow an outstanding balance to be carried over
providing the balance does not exceed $54.00.
6.4
Withdrawal from or cancellation of a Utility Payment Plan Agreement shall be
subject to the provisions under subsections 6.2 and 6.3.
7.
WATER SERVICE DISCONNECTION
7.1
In the event a water service has been disconnected or reconnected upon the
request of an owner the respective Shut off or Turn on fee as set out in the Master
Rates Bylaw will be charged to the owner's account and shall be payable in the
same manner as bimonthly water consumption charges.
7.2
In the event a water service has been disconnected due to an emergency, no
charge shall be associated with this service.
7.3
In the event a water service has been connected upon the request of an owner for
the purpose of pressuring up and testing the water lines, no charge shall be
associated with this service.
8.
METERS, REMOTE READING DEVICES AND CURB STOPS
8.1
Supply of Meters - The County will provide the owner with a standard 3/4 inch
water meter and remote reading device. Prior to receiving a water meter, the
owner will pay to the County the Water Meter Initial Installation fee as set out in
the Master Rates Bylaw. A water meter greater than 3/4 inches shall not be
permitted unless the owner provides proof satisfactory to the County that such
over sized water meter is required and the owner pays the full cost of the water
meter.
8.2
Installation of Meters - The owner is responsible for ensuring the timely (14 days)
installation of the water meter along with the remote read black button placed on
the outside of the building in accordance with the County's meter installation
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requirements.
8.3
Care and Custody of Meters - The owner shall have care, custody and control of
water meters and any remote reading device once provided by the County and the
consumer may, at the discretion of the County, be required to pay costs to repair
or replace meters or reading devices improperly cared for by the owner. Payment
of costs for improper care of water meters and remote reading devices shall be
added to the owner's water account and shall be payable in the same manner as
bimonthly water consumption charges.
8.4
Access for Water Services - The owner of a property with a water service
connection shall provide free and convenient access to a meter, a remote reading
device, and a curb stop at all reasonable times. In the event a meter, a remote
reading device, or a curb stop cannot be accessed, the County may request access
be provided. If the owner fails to comply within fourteen (14) days of a request
made by the County, the water service may be disconnected without further
notice, and any obstruction may be removed at the owner's expense. In the event
of an emergency the obstruction may be moved immediately.
8.5
Tampering with Meters - No owner shall tamper with, or allow a meter, remote
reading device or curb stop on their property to be tampered with. Every owner
shall be responsible to ensure a meter, remote reading device or curb stop on their
property is not tampered with. If a meter, remote reading device or curb stop is
found tampered with and the person responsible cannot be identified, the County
may charge the owner with tampering.
8.6
Testing of Meters - An owner who feels his meter is incorrect may apply to the
County to have his meter tested. If the meter is proven correct a Testing Meter
fee as set out in the Master Rates Bylaw will be charged to the owner's account
and shall be payable in the same manner as bi-monthly water consumption
charges.
8.7
Refundable Utility Deposit - A Developer shall be charged a refundable utility
deposit in the amount set out in the Master Rates Bylaw at the time a
Development Application is received by the County. This deposit, less any
amount expended by the County to repair, replace, install, re-install or relocate a
meter, remote reading device or curb stop, shall be refunded to the Developer
upon the installation, care and custody being completed to the County's
satisfaction.
9.
UNAUTHORIZED USE OF WATER
9.1
No owner shall lend, sell, dispose, give away or permit water supplied by the
County to be taken, carried away, used or apply it to the use or benefit of others or
to any other than his, her or their own use or benefit or wrongfully, negligently or
improperly waste water.
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10.
RESTRICTIONS AND INTERRUPTION OF SERVICE
10.1
The C.A.O. or their designate is hereby authorized to order that water be shut off
with or without notice for such length of time as may be necessary to permit the
construction or repairs to a water or sewer system.
10.2
The County shall not be responsible for damage to any vessel, equipment, person
or premises when there is a failure of any system due to any cause whatsoever,
even where no notice is given. No deduction from billing shall be made in
consequence thereof.
10.3
Water restrictions in all or part of the County may be set out by any method and
during any period upon such notice as determined by the C.A.O. or his their
designate.
11.
OFF-SITE LEVY
11.1
The owner of any parcel of land subject of a development or subdivision that will
create additional connection(s) to an existing water or sewer system shall be
required to pay an off-site levy in respect of each parcel of land that is to be
developed or subdivided.
11.2
The owner or developer of any parcel of land subject to an off-site levy shall enter
into a Municipal Services or Development Agreement. The sum or sums to be
imposed and collected shall be as set out in the Off-Site Levy Bylaw.
12.
BACKFLOW PREVENTION
12.1
No owner, or other person shall connect, cause to be connected, or allow to
remain connected to a County water system any piping, fixture, fitting, container,
appliance or usage which under any circumstances may allow any liquid,
chemical or other substance to enter a County water system.
12.2
Where, in the opinion of the County, a risk of contamination to a water system
exists an owner shall upon request install on his water service a C.S.A. approved
backflow prevention device installed in accordance with the requirements of the
Canadian Plumbing Code and in a manner acceptable to the County.
13.
DISCHARGES TO SANITARY SEWERS
13.1
No person shall cause or permit the discharge or deposit into a sanitary sewer that
will enter the wastewater system any of the following:
(a)
Groundwater drainage including weeping tile drainage;
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(b)
Storm water, surface water, groundwater, roof run-off, sub-surface drainage,
or water from a watercourse;
(c)
Matter of any type or at any temperature or in any quantity which may be or
may become a health or safety hazard to any person or which may be or may
become harmful or damaging to the wastewater system;
(d)
Solid or viscous substances in quantities or of such size as to be capable of
causing obstruction to the flow in a sewer, including but not limited to ashes,
bones, cinders, sand, mud, straw, shavings, metal, glass, rags (including
flushable tissues/wipes), feathers, tar, plastics, wood, garbage or animal
tissues;
(e)
Any ignitable waste, explosive matter or radioactive materials;
(f)
Any unused pharmaceutical products;
(g)
Fuels, solvents, petroleum or oil;
(h)
Paint, stains and coatings, including oil and water based;
(i)
Any matter which, by itself or in combination with another substance, is
capable of producing conditions which the wastewater system is not
designed to handle, thereby preventing safe entry into the wastewater system
or preventing proper wastewater flow and/or treatment;
(j)
Grease, oil, manure and sand interceptors shall be provided on private
property for all garages, gasoline stations and vehicle and equipment
washing establishments; interceptors will be required for other types of
businesses where they are necessary for the proper handling of liquid waste
containing grease in excessive amounts, or any flammable wastes, sand, and
other harmful ingredients, except that such interceptors shall not be required
for private living quarters or dwelling units. All interceptors shall be of a
type and capacity as to conform to legislated standards and, shall be so
located as to be readily and easily accessible for cleaning and inspection.
Where installed, all grease, sand and oil interceptors shall be maintained by
the owner, at his expense, in continuously efficient operations at all times.
(k)
In case any blockage, either wholly or in part, of the sewage system is
caused by reason of failure, omission or neglect to comply strictly with the
foregoing provisions, the owner shall, in addition to any penalty for
infraction of the provisions hereof, be liable to the County for all costs of
clearing such blockage.
14.
PENALTY PROVISIONS
14.1
Any person who contravenes or fails to comply with the provisions of this Bylaw
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is guilty of an offense and liable on summary conviction to a fine not exceeding
five hundred dollars ($500.00) and costs, and, in addition, a fine of not more than
five hundred dollars ($500.00) and costs for every day the offense continues.
15.
Bylaw 2019/02 is hereby repealed.
16.
This Bylaw shall come into effect on March 23, 2021.
Read a first time this 1st day of December, 2020.
Read a second time this 23rd day of March, 2021.
Read a third time and finally passed this 23rd day of March, 2021
_________
Reeve
______
Chief Administrative Officer