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558-25
March 25, 2025
Page 1 of 12
VILLAGE OF HEISLER
BYLAW 558-25
BEING a Bylaw of the Village of Heisler in the Province of Alberta for the purposes of
installing, 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 Heisler.
WHEREAS, pursuant to the Municipal Government Act, RSA 2000, c. M-26 and
amendments thereto, a Municipal Government may pass a bylaw to install, 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 2000, 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 Heisler, in the Province of Alberta deems it
desirable to pass a bylaw to establish and maintain a system for the installation,
construction, control, and operation of water and sewer services;
NOW THEREFORE, the Council of the Village of Heisler in the Province of Alberta duly
assembled hereby enacts as follows:
SECTION 1. INTERPRETATION AND APPLICATION:
i) This Bylaw shall be cited as "The Water, Sewer and Waste Bylaw".
ii) In this bylaw, unless the context otherwise requires;
a) "ALTERNATIVE SYSTEM" means any other system a Person may have to obtain
and release of water or sewage that is not listed within this bylaw.
b) "AUTHORITY" means the right given to a Person by Council to do a specific
task. This can be accomplished through an employment contract or a Person
being designated to do a task during a regular Council meeting.
c) "BASE RATE" means the rate established in this bylaw for water and sewer for
the general services provided.
d) "BILLING PERIOD" shall be the same as the two-month period for which the
consumer is charged for water and sanitary sewer services.
e) "BYLAW" in the context of this bylaw will refer to Bylaw #558-25 (The Water,
Sewer and Waste Bylaw) unless a specific bylaw is mentioned.
f) "BYLAW ENFORCER" means the Person contracted by the village to enforce
Bylaws as adopted by Council.
g) "DESIGNATE" means a Person that Council has designated to do a specific task
as described within the bylaw.
h) "COUNCIL" means the Municipal Council of the Village of Heisler.
i) "CURRENT FEES AND CHARGES BYLAW" means the latest approve Fees and
Charges Bylaw.
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j) "DWELLING" means self-contained living premises with cooking, eating, living,
sleeping, and sanitary facilities for domestic use by one or more individuals.
k) "EMPLOYEE" means a Person who has been approved by Council to work in the
Village for a set rate. An Employee will have specific tasks that they must
complete as defined through their job description.
l) "FIRE DEPARTMENT" means the Village fire department; which includes all
members and infrastructure.
m) "FOREMAN" means the Person employed by the Village under the job title
Public Works Foreman.
n) "GRANDFATHERED IN" means a provision in which an old rule continues to
apply to some existing situations while a new rule will apply to some all future
cases.
o) "GREY WATER" means wastewater created through domestic activities such as
laundry, dishwashing, bathing, etc.
p) "LOT" means a parcel of land that has been designated as a lot through Bylaw
#452-11 (The Land Use Bylaw).
q) "METER" means the unit installed on a water line to measure the amount of
water used at a premises.
r) "MAIN" means the portion of the water and sanitary sewer infrastructure that
is constructed to distribute or collect from services at more than one Premises.
s) "NEGLIGENCE" means failure to use reasonable care beyond normal wear and
tear that results in damage. It also refers to not making the proper enquires to
the Village or Foreman prior to digging.
t) "OCCUPANT" means a Person who occupying a Dwelling.
u) "OWNER" means a Person who owns a Dwelling.
v) "PERSON" means an individual, proprietorship, partnership, and or a
corporation. It shall also include but is not limited to church organizations, and
non-profit organizations, professionals, and provincial and federal
governments.
w) "PREMISES" means land, includes any buildings erected thereon.
x) "PROVINCE" means the government of the Province of Alberta or the area
contained with the boundaries thereof, as the context requires.
y) "SCHEDULE A" means the Base Rates, Fees and Violation Fines that will be
applied to a person's account that is attached to this Bylaw.
z) "VILLAGE" means the corporation of the Village of Heisler or the area
contained within the boundaries thereof, as the context requires.
SECTION 2. SCOPE
i)
The Bylaw applies to all water and sewer systems within the limits of the
Village and connected to the Village sewer system.
ii)
The Bylaw provides the Village with the exclusive right for installation
construction, control, and operating of water and sewer services within the
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limits of the Village.
iii)
The Village of Heisler is required to distribute the safe drinking water and
removing grey water, sewer and waste from each residential and commercial
building.
i. The Village Public Works Department must perform water tests
every week as per recommendation of Alberta Environment
Regulations systems.
ii. Public Works shall maintain the lagoon.
iv)
If the Owner or Occupant requires the Village to supply water and/or remove
any sewage for which provision are not made through this Bylaw, that Person
shall pay prior to the supply, removal and disposal thereof, the estimated cost
to the Village for the supply, removal and disposal thereof and the Village shall
render an account for additional costs of such removal and disposal or shall
return to that Person any excess which was paid.
v)
The Village may undertake or contract out 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.
vi)
No person shall extend service piping from one rate payers land to another rate
payers land.
vii)
Each Lot and each principle building or occupancy, where feasible, shall be
provided with a separate water and sewer service.
viii)
Each Lot, with or without buildings and/or each principle building or
occupancy will be charged the base rate found in the current Fees and Charges
Bylaw for their respective type of Lot. This amount will act as a line charge for
each lot(s) and /or each principle building or occupancy that the infrastructure
has not been built due to the Owners personal choices. All property owners
with such lots, who are not currently being charged for the line charge/
infrastructure fee will be grandfathered in and will not be charged a fee until
the property has sold, and/or title of said property has changed.
ix)
If clean up, blockage, breaks, and/or damage requiring Maintenance occurs as
the direct or indirect action of another Person, 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.
x)
In the case of a water service line frozen between the property line and the
Meter, it shall be the responsibility of the Person owning the said property. Any
costs incurred by the Village in thawing frozen lines on behalf of the property
owner shall be recoverable as taxes and subject to penalties as any other tax.
SECTION 3. RIGHT OF ENTRY
i)
For the purpose of conducting sampling tests, inspections, repairs, or remote
readings or the installations, inspections, repairing or replacing of water
Meters or any equipment associated with the distribution or retrieval of water
within a rate payer's property within the Village.
ii)
The Foreman or an authorized Designate for that purpose shall have free access
to all parts of the Premises in which water is distributed to and/or is serviced
by a sewer.
iii)
If entry by the Foreman or an authorized Designate is refused by the owner or
occupant, the Bylaw Enforcer will be notified and will accompany the Foreman
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on the next attempt of entry. If the occupant refuses entry again, a violation
ticket will be issued in the amount of $200.00.
SECTION 4. 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 negligent.
SECTION 5. PROVISIONS FOR OPERATIONS
i)
The Village may provide the necessary vehicles for the public construction,
control and operation of the water and sewer system within the Village.
ii)
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.
iii)
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.
iv)
The Village may:
a. Supervise the construction, control and operation of water and sewer
systems.
b. Direct the days, times and ways that the water and sewer system
shall be utilized by designation of areas of the Village.
c. Decide as to the quantities and classes of sewage to be accepted into
the system from any Premises.
v)
Subject to the provisions of this bylaw it is the decision of the Village as to:
a. The amount of water supplied to any Person and/or Premises and;
b. The amount and types of sewage that the Village is obliged to accept
from any Person and/or Premises shall be final and conclusive.
vi)
Additional valve should be placed on Village's side of supply line.
SECTION 6. 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 shall release grey water or sewage in a manner that does not use
the sewage lines found within the Village.
iii)
No Person not being in the employment of the Village and not being a
member of the fire department or authorized in their behalf, shall wilfully
open or close any hydrant or obstruct the free access to any hydrant curb
stop, chamber pipe or hydrant chamber by placing on it any building
material, rubbish or other obstruction.
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iv)
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.
v)
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
or sewer without the consent of the Village.
vi)
No Person shall in any manner, obstruct the free access to any hydrant,
valve, or curb stop. No vehicle, building, rubbish, or any other object which
would cause such obstruction shall be placed nearer to a hydrant than the
property line.
vii)
No Person shall obstruct the free access to the area within two (2) metres of
a hydrant in a direction parallel with the said property line.
SECTION 7. WATER
i)
No Person shall throw or deposit any injurious, noisome, or offensive
matter into the water or waterworks or commit any wilful damage or injury
to the works, pipes, or water or encourage such acts to be done.
ii)
No Person shall turn or attempt to turn on the water at a curb stop valve or
any other valve once shut-off except where 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, etc. 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 fee by the Village.
iv)
No Person shall alter any Meter placed on a service pipe or connected with
it inside or outside any premise so as to alter the amount of water
registered by it, unless specially authorized by the Village for that particular
purpose or occasion.
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.
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 remote reading
unit which may result from causes other than normal wear and tear.
SECTION 8. SEWER
i)
No Person shall discharge the contents of any privy vault, manure pit, or
cesspool, directly or indirectly, into any sewer, or premises drain connected
therewith unless authorized by the Village.
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ii)
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.
iii)
No Person shall throw, deposit, or leave in upon any sewer or any trap, basin,
grating, manhole, or other appurtenance of any sewer 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.
iv)
No waste or discharge resulting from any trade, industrial, or manufacturing
process, shall be directly discharged into any sewer without previous
treatment as prescribed by the Village.
a. The necessary treatment, so prescribed by the village 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.
SECTION 9. DANGEROUS GOODS
i) No Person shall place or mix with any water supply in the water system of the
Village any dangerous goods, hazardous waste or biological waste.
ii) No Person shall place or mix with any sewage placed in the sewer collection system
of the Village any dangerous goods, hazardous waste or biological waste.
iii) 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 eliminating of any pollution or
contamination of the sites involved in the Village and shall make payment of the
same to the Village on demand until all contamination and pollution, such
restitution will not exempt the Person or organization from prosecution for
contravention of this Bylaw.
iv) The owner or Person responsible for the existence or accumulation of hazardous
waste or 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 Regional Health Authority or a duly authorized agent of the
Province.
v) No Person shall make or cause to be made any connection with any sewer, premises
drain, or appurtenance thereof for the purpose of conveying or which may convey,
into same, any inflammable or explosive material.
vi) No Person shall permit to be discharged into any sewer, any liquid which would
prejudicially affect the sewers, or other trade waste or any waste of steam,
condensing water, heated water, or other liquids of a higher temperature than one
hundred (100) degrees Celsius.
vii) The Village shall not collect hazardous waste.
SECTION 10. CONVEYANCE OF WASTE THROUGH THE VILLAGE
i) No Person shall convey through the streets any sewage whatsoever, except those in
properly covered metal receptacles and are responsible for the proper disposal of
such sewage as deemed acceptable by this Bylaw.
SECTION 11. SERVICE CONNECTIONS
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i) Municipal utility services will be provided to a property only in the name of the
registered owner of the property.
ii) 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.
iii) The following procedure will be followed with regard to the installation of water
Meters for water reading in building or residences that do not yet have water
Meters.
a. For new home, commercial or industrial construction or building or
residence without a water Meter, a plumber or contractor is required to
install water Meter on the Premises. The Public Works Department will
record the address where the water Meters have been
installed.
b. The Public Works Department shall, upon the installation of the water Meter
shall, advise Administration that the billing of the utilities to the said
property shall be commenced as of that turn on date.
SECTION 12. RATES AND FEES
i) Every Utility Account Customer being a registered owner or purchaser of a
property, which is served by water and/or sewer services by the Village shall pay a
monthly base rate charges and consumption 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 the Council within the current Fees and
Charges Bylaw and may be amended from time to time by resolution of Council.
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) In the case of an owner tenant arrangement, both the registered owner of a property
being serviced as well as the tenant residing within the property will get a copy of
the each bill.
iv) The Village is not liable for damages as follows:
a. Caused by the break of any water or sewer Main service line;
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;
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 negligence of the
Village.
SECTION 13. PAYMENT OF RATES:
i) A utility bill showing the current water, sewer, waste collection and Fire Protection
charge to the user shall be mailed or emailed to the user bi-monthly and payment of
the bill may be made using the following means:
a. A cheque or cash can be dropped off at the Village Administration Office at
128 Main Street during regular business hours.
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b. A payment may be made to the Village in electronic form at various financial
institutions or by e-transfer.
c. A cheque may be dropped off at the Village Administration Office drop off
box during the hours in which the Village Office is not open to the public.
i. Cash will not be accepted within the Drop off Box. Cash will also not
be accepted within mailed envelopes.
d. A cheque may be mailed to the Village at the following address:
Box 60
Heisler Alberta
T0B 2A0
e. A receipt of payment will be given upon request when payment took place in
the Village Administration Office.
f. For email billing, residents must sign up for with the attached email billing
sign up form.
ii) All accounts with the Village under this Bylaw shall become due and payable upon
receipt with the final day of payment being 30 (thirty) days following the issuance of
the bill. After this final date has passed, a penalty in an amount predetermined by
Schedule "A" which may be revised from time to time will be applied to all
outstanding balances.
iii) In cases where a Meter is present but a reading was not recorded, an estimate shall
be based on previous consumption and/or the above guidelines at the discretion of
the Village.
iv) Any rates, costs or charges in arrears for utility services supplied by the Village 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.
v) The Village also reserves the right to discontinue service to any property where any
charges for service remain outstanding for a period of more than 120 (one hundred
and twenty) days from the original billing date 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 the
Board of Health regulations.
SECTION 14. DETERMINATION OF CONSUMPTION
i) The Village shall determine the amount of water supplied to a premise, and such
determination shall be final for all matters within the terms of this Bylaw.
SECTION 15. METERS
i) All Residences and Businesses must have a water Meter installed within their
dwelling or business.
ii) 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 of $100.00 (one hundred
dollars). 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.
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iii) 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.
iv) A Data logger report may be requested by a resident for information regarding
their water consumption for up to three (3) months previous and will be printed in
cubes. A fee of an amount pre-determined in the current fees and charges bylaw
which may be revised from time to time will be charged to their account. Public
Works may require access to the Meter for collection of information for the report.
SECTION 16. BULK WATER
i)
The Village may provide bulk water at a rate defined through the current Fees
and Charges Bylaw.
ii)
The Village does not deliver bulk water.
iii)
The Village is responsible for the Maintenance of the Water Treatment facility
and shall 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.
SECTION 17. DEFAULT ACTION
i)
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.
SECTION 18. 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 found within the current fees and charges bylaw will be charged and shall be
payable in advance for the reconnection and disconnection of the services that
have been shut off due to the circumstances outlined in 19 i).
a) Prior to water being reconnected, a service agreement with the Village must
be signed by the rate payer and the Village Administration Department.
b) The Public Works Department of the Village will only reconnect a
disconnected water line in the presence of the property owner or tenant.
SECTION 19. NON-RECEIPT OF UTILITY BILL
i) 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 or emailing from the
Village Office. The failure to receive such notice does not relieve the Person from
the charge or from the penalties duly imposed.
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SECTION 20. DELEGATION
i) The Council in the Province hereby delegates to the Chief Administrative Officer,
the power to establish policies and procedures for the general Maintenance or
management of the water and sewer system and of the officers and other
employees employed in connection with the water and sewer system:
a) Establish in connection with the water and sewer system, the times and places
where rates and/or fees under this Bylaw are payable;
b) Collect the rates and fees established pursuant to this Bylaw;
c) Enforce payment of those rates and/or fees by all or any of the following
methods:
i) By shutting off the water supply to the user of the system,
ii) By action in any court or competent jurisdiction;
iii) By distress and sale of goods and chattels of the Person owing the rates or
charges wherever they may be found in the Municipality.
iv) Any other lawful means of collection available.
d) Enforce the terms and conditions under which the water and sewer service is
supplied either;
i) By enforcing this Bylaw
ii) By enforcing any agreement made between the Village as the supplier and
the consumer, including shutting off of the public service being supplied to
the consumer, or disconnection of the service until the consumer complies
with the terms and conditions in this Bylaw.
SECTION 21. CONTROL AND MANAGEMENT
i) 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.
SECTION 22. WATER RESTRICTIONS
i) From time to time it may be necessary for Village Council to impose water usage
restrictions on all water users. This will only be done on an "as needed" basis and
all water users must comply when restrictions are in place.
a) If a Person is found using water contrary to an imposed water usage
restriction, a fee of $200.00 (two hundred dollars) will be applied to their
account.
SECTION 23. SEPARATE AND SEVERABLE
i) 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, such section 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.
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SECTION 24. PAST & CURRENT BYLAWS
i) With the passing of this bylaw, Bylaw 547-23 is hereby repealed.
EFFECTIVE DATE: This Bylaw shall come into effect on the 25th day of March 2025, A.D.
Read a first time this 25th day of March 2025
Read a second time this 25th day of March 2025
Given Unanimous consent for third and final reading this 25th day of March 2025
Read a third and final time this 25th day of March 2025
VILLAGE OF HEISLER
X
Brandon Martz
Mayor
X
Heidi Rohe
Chief Administrative Officer
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