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BYLAW NO. 1108/10
A BYLAW OF LACOMBE COUNTY IN THE PROVINCE OF ALBERTA, FOR
THE PURPOSE OF RESTRICTING WATER USE ON A FAIR AND EQUITABLE BASIS
DURING PERIODS OF WATER SHORTAGES, AND RESTRICTING WATER USE SO THAT
WATER IS AVAILABLE FOR EMERGENCY PURPOSES
NOW THEREFORE the Council of Lacombe County in the Province of Alberta,
duly assembled, hereby enacts the following:
1.
TITLE
1.1 This Bylaw shall be cited as the Lacombe County Water Restriction Bylaw.
2.
INTERPRETATION
In this Bylaw, capitalized words shall have the following meanings:
2.1 "Act" means the Municipal Government Act, RSA 2000, c. M-26, as amended or
repealed and replaced from time to time.
2.2 "Bulk Water Consumers" is anyone who purchases water from a Bulk Water
Station.
2.3 "Bulk Water Station" is a coin-operated/credit card operated facility, located in the
Municipality for the sale of potable water on a bulk basis to Bulk Water Consumers.
2.4 "CAO" is the Chief Administrative Officer of the Town of Stettler.
2.5 "Commission" is one of the following applicable regional water commissions under
the Act, that obtains treated potable water from the Water Treatment Plant and
supplies water to the Municipality:
2.5.1 Shirley McClellan Regional Water Services Commission, or
2.5.2 Highway 12/21 Water Services Commission
2.6 "Consumer" is any individual, body corporate, municipality, commission under the
Act, an incorporated association or any other entity howsoever designated or are
constituted that owns or leases Property that is connected to the Municipality's
water system or that otherwise obtains treated potable water produced at the
Water Treatment Plant.
2.7 "Designated Officer" has that meaning as ascribed thereto in Section 6.1 of this
Bylaw.
2.8 "Directive" means an order issued under this Bylaw in accordance with the Act.
2.9 "Municipality" means Lacombe County
2.10 "New Lawn(s)" is newly laid sod or newly planted grass seed.
2.11 "Non-Residential Water Use" is a service supplied to a Property principally used to
conduct a profession, business, trade, industry, farming operation (not including a
residential water use), occupation or employment, and also includes institutional
uses, and apartment buildings/condominiums.
2.12 "Peace Officer" means:
2.12.1 a Peace Officer, within the meaning of the Peace Officer Act, SA 2006, c.
P-3.5, as amended or repealed and replaced from time to time;
2.12.2 a Police Officer, within the meaning of the Police Act, RSA 2000, c. P-17,
as amended or repealed and replaced from time to time; or
2.12.3 a bylaw enforcement officer, as this term is used in the Act.
2.13 "Private Property" means land either owned or leased by a person, group,
corporation or such other entity, not a governmental body.
Bylaw No. 1108/10
Page 2 of 10
2.14 "Property" means any lands, buildings, structures or premises, or any personal
property located thereupon, within the municipal boundaries of the Municipality.
2.15 "Residential Water Use" is a service supplied to a Private Property that is used
primarily for domestic purposes including but not limited to, single-family dwellings,
multi-family dwellings (excluding apartment buildings), mobile home parks, and
condominium developments (excluding apartment style condominiums).
2.16 "Stettler" means the Town of Stettler.
2.17 "Violation Ticket" is a ticket issued pursuant to Part 2 of the Provincial Offences
Procedure Act, R.S.A. 2000, P-34, as amended or repealed and replaced from
time to time.
2.18 "Water Supply Agreement" is the applicable regional water supply agreement
between a Commission/Water Transfer Station and Stettler.
2.19 "Water Transfer Station" is the primary water holding structure designed to allow
for the effective operations of the Commission's regional water system and
Stettler's water system. It is owned by the Shirley McClellan Regional Water
Services Commission, is located on the west side of Stettler, and obtains treated
potable water directly from the Water Treatment Plant.
2.20 "Water Treatment Plant" is that water treatment plant owned and/or operated by
Stettler, for the purpose of removing undesirable chemicals, materials, and
biological contaminants from raw water.
3.
WATER RESTRICTION STRATEGIES
3.1 The Water Treatment Plant presently produces treated potable water for all
Commissions and all Consumers that is delivered to Consumers through any or all
of: the Water Transfer Station, a Commission owned water transmission
line/reservoir, a municipality's water distribution system/reservoir, a Bulk Water
Station or any other connection to the Water Treatment Plant.
3.2 At times where drought conditions exist in East Central Alberta, or as otherwise
determined by Stettler which conditions affect the overall water supply that Stettler
can distribute to all Commissions and Consumers, including the Municipality,
Stettler may undertake the following:
3.2.1 assist all Commissions and Consumers by providing information that
encourages Water conservation; or
3.2.2 manage the overall supply of water produced by the Water Treatment Plant
in order to comply with the requirements by all water Commissions and
Consumers in the region.
3.3 After considering the measurement criteria as set forth in Schedule "C" herein,
Stettler may, but is not obligated to, at any time make Directives restricting and/or
prohibiting specified uses of treated potable water and the wasting water in the
municipality either:
3.3.1
by all Consumers;
3.3.2
by any particular class of Consumers;
3.3.3
throughout that portion of the Municipality that is serviced by the Highway
12/21 Regional Water Services Commission;
3.3.4
in any particular geographic area or areas of the Municipality; and
3.3.5
the supply of water to any particular Property.
The Directive may specify that such restricted and prohibited uses of water shall
apply during such hours of any day of the week, and/or on a rotational schedule
basis as may be specified in the Directive. For guidance, Stettler may, but is not
obligated to, make any level of water restrictions as contained in Schedule "B"
hereto.
Bylaw No. 1108/10
Page 3 of 10
The Directive must be made on a fair and equitable regional basis unless it is in
response to a requested from a Commission, a municipality, or Stettler who require
an immediate supply of treated potable water produced by the Water Treatment
Plant to address a localized emergency situation or a localized water shortage
condition, and generally being of a short term nature. For guidance, when an
emergency or water shortage condition exists, protocols and procedures set out in
the Regional Water Communication Policy shall be followed.
3.4 The CAO is hereby delegated the authority to implement the requirements set out
in this Bylaw or in a Water Supply Agreement, any new directions provided by the
Municipality or a Commission and any amendments to directions provided under
this Bylaw or in a Water Supply Agreement, to ensure compliance with the
restriction or prohibition of water usage within the Municipality. In the event that
the CAO is unable to exercise the authority granted herein, the Municipality
delegates the authority to the CAO to select a designate to implement the
requirements as set out in this Bylaw or in a Water Supply Agreement, any new
directions provided by the Municipality or a Commission and any amendments to
directions provided under this Bylaw or in a Water Supply Agreement.
3.5 The Municipality shall promptly cause notification of water restriction Directives to
be communicated to locally affected Consumers:
3.5.1 by any means determined to be appropriate by the Municipality to reach as
many affected local Consumers as reasonably possible.
Such notification shall include relevant information to adequately inform locally
affected Consumers of restrictions and prohibitions upon the use of water in
accordance with the current Directive.
3.6 No Consumer shall use or waste water supplied from any or all of: the Water
Transfer Station, a Commission owned water transmission line/reservoir, the
Municipality's water distribution system/reservoir, a Bulk Water Station or any other
connection to the Water Treatment Plant in contravention of the terms of any
Directive made by Stettler under this section.
3.7 The restrictions of water usage may include restrictions and prohibitions on the use
of water for aesthetic purposes.
3.8 The restrictions may include restrictions and prohibitions on all outdoor uses,
including, but not limited to, watering lawns and gardens according to Schedule "B"
attached hereto and forming part of this Bylaw.
4.
PERMITS
4.1 Consumers who obtain a valid New Lawn permit shall be exempt from a Directive
herein, in accordance with the terms of this permit.
4.2 New Lawn watering permits may be issued by the Municipality upon inspection and
approval of the site by the Municipality, and may contain water use conditions as
determined by the Municipality to limit the amount, duration, and timing of water
use that is allowed on the site.
4.3 New Lawn watering permits will be valid for a maximum of six (6) weeks, which
thereafter, the Consumer must fully comply with all Directives in effect at the time.
5.
WASTING WATER
5.1 All Consumers are prohibited from wasting water when a Directive restricting the
supply of water has been issued.
5.2 In determining if an activity constitutes wasting water in Section 5.1, consideration
will be given to any of the following:
5.2.1 The volume of water reasonably required to perform the activity
undertaken;
5.2.2 The length of time that water has been allowed to run;
Bylaw No. 1108/10
Page 4 of 10
5.2.3 The degree of control exercised over the flow of water;
5.2.4 The purpose to which the water is being put;
5.2.5 The degree of restriction on water consumption presently in place; and
5.2.6 The existence of any other factors reasonably suggesting that waste of
water is occurring or has occurred.
6.
ENFORCEMENT
6.1
For the purposes of inspections and enforcement of the provisions of this Bylaw, a
bylaw enforcement officer, as well as a designated officer in accordance with the Act
are Designated Officers of the Municipality.
6.2
A Designated Officer may, for the purpose of ensuring that the provisions of this
Bylaw are being complied with, enter in or upon any Private Property, in
accordance with Section 542 of the Act, to carry out an inspection, enforcement or
other action required or authorized by this Bylaw, the Act, or other statute.
6.3
When exercising his authority to enter onto Private Property for inspection or
enforcement under Section 5.1, a Designated Officer shall provide the owner or
occupant of the Property with reasonable notice as required by the Act.
6.4
Where a Designated Officer determines that a contravention of this Bylaw is occurring
or is about to occur, he may issue an Order pursuant to section 545 of the Act to the
owner or occupant of the Private Property upon which all or a part of the
contravention is occurring or about to occur, to a Consumer responsible for the
contravention who is not the owner or occupant of the Private Property, or to any or
all of them.
6.5
An Order issued by a Designated Officer under Section 6.3 shall:
6.5.1 identify the person or persons to whom it is issued;
6.5.2 identify the nature of the unauthorized or prohibited water usage;
6.5.3 direct the person to take any action or measures necessary to remedy the
unauthorized or restricted water usage, which may include the cessation of
the provision of water to the Private Property;
6.5.4 state the time within which the person must comply with the Order;
6.5.5 state that if the person does not comply with the Order in the specified time,
the Municipality may take action or measures at the expense of the person;
and
6.5.6 notify the Owner of the right to apply by written notice for a review of the
Order by the Council.
6.6
An Order under this Bylaw is deemed to be served on the person who it is addressed
when the Order has been:
6.6.1 in the case of an individual, delivered personally to the individual, or left for
the individual at his or her residence with a person on the premises who
appears to at least eighteen (18) years of age;
6.6.2 upon confirmation of receipt of the Order by the person to whom it is
addressed by registered mail;
6.6.3 in the case of a partnership or corporation, by registered mail or personal
deliver to either the registered office or business address of the partnership
or corporation; or
6.6.4 in the event that the Municipality is unsuccessful in its attempts to serve the
Order pursuant to subsections (a), (b) or (c) above, a Designated Officer
may post a copy of the Order in a conspicuous place on the Property
referred to in the Order, when the Designated Officer has reason to believe
Bylaw No. 1108/10
Page 5 of 10
that the person to whom the Order is addressed is evading service, and
that there is no other reasonable means of service available.
6.7
No person to whom an Order has been issued shall fail to comply with the
requirements of that Order within the time limits imposed.
6.8
A person who receives a written Order under this part may request a review of the
Order by written notice within fourteen (14) days of the day on which the Order is
received. Upon reviewing the Order, the Council of the Municipality may confirm,
vary, substitute or cancel the Order.
6.9
A person affected by the decision of Council under Section 6.8 may appeal to the
Court of Queen's Bench on the grounds permitted under Section 548(1) of the Act,
within the time period set out in Section 548(1.1) of the Act.
6.10 The application for appeal must state the reasons for the appeal.
6.11 The expenses and costs of any action or measure taken by the Municipality under
this Bylaw, including the costs and expenses of legal advice provided in relation to
any inspection under, or enforcement of this Bylaw, are an amount owing to the
Municipality by the person in contravention of the Bylaw.
6.12 The expenses and costs incurred by the Municipality in the enforcement of this
Bylaw may be collected as a civil debt or, if applicable, by adding the costs and
expenses to the tax roll for property owned by the person to whom the Order is
issued, where the contravention has occurred on all or a part of that property.
6.13 In addition to the herein remedies or in substitution thereof, the Municipality, in its
sole discretion, upon learning of a Consumer's violation of this Bylaw, may:
6.13.1 issue a warning to the Consumer of a violation of this Bylaw; or
6.13.2 issue a Violation Ticket pursuant to Section 8 of this Bylaw; or
6.13.3 disconnect the supply of water to the Consumer or otherwise cease the
supply of water to the property of the Consumer; and
6.13.4 in addition to 6.13.1, 6.13.2 or 6.13.3, add a surcharge to the Consumer's
water account, if applicable, in an amount as the Municipality determines to
be sufficient to reimburse the cost incurred by the Municipality in the
inspection of the Consumer's waste of water and/or violation of the Directive.
7.
OFFENCES AND PENALTIES
7.1
Regardless of whether an Order or a Directive has been issued pursuant to this
Bylaw, any person who contravenes any provision of this Bylaw is guilty of an offence
and is liable, upon summary conviction, to the specified penalty for that offence as set
out on Schedule "A" herein.
7.2
Under no circumstances shall any person contravening any provision of this Bylaw be
subject to a penalty of imprisonment.
8.
VIOLATION TICKETS
8.1
The Peace Officer or a Designated Officer is hereby authorized and empowered to
issue a Violation Ticket to any person whom the Peace Officer or Designated Officer
has reasonable and probable grounds to believe has contravened any provision of
this Bylaw.
8.2
A Violation Ticket issued with respect to a contravention of this Bylaw shall be served
upon the person responsible for the contravention in accordance with the Provincial
Offences Procedure Act.
8.3
The person to whom the Violation Ticket has been issued may plead guilty by making
a voluntary payment in respect of the Summons by delivering to the Provincial Court,
on or before the initial appearance date, the Violation Ticket together with an amount
equal to the specified penalty for the offences as set out in Schedule "A".
Bylaw No. 1108/10
Page 6 of 10
8.4
When a Clerk of the Provincial Court records the receipt of a voluntary payment
pursuant to this Bylaw and the Provincial Offences Procedure Act, the act of
recording constitutes acceptance of the guilty plea and also constitutes a conviction
and the imposition of a fine in the amount of a specified penalty.
9.
GENERAL
9.1
Should any provision of this Bylaw be invalid, then such invalid provision shall be
severed and the remaining Bylaw shall be maintained and deemed valid.
9.2
Evidence that a person is either the owner or leaseholder of Property or Private
Property that has not complied with this Bylaw is prima facie proof that the person has
violated the terms of this Bylaw.
9.3
The Municipality is not liable for not taking an action on or in respect of any violation
of this Bylaw, and in no event that any such inaction be deemed or interpreted as an
authorization of a breach or an acknowledgment that the breach is acceptable under
this Bylaw.
9.4
This Bylaw shall come into full force and effect on the day that it is finally passed by
Council by giving it third and final reading and it is signed in accordance with the Act.
10.
EFFECTIVE DATES
10.1 This Bylaw shall take effect on the day of final passing thereof.
Received first and second readings, and by unanimous consent of the Councillors
present, a third reading and finally passed this 25th day of February, 2010.
Reeve
County Commissioner
Bylaw No. 1108/10
Page 7 of 10
Lacombe County
Bylaw No.
SCHEDULE "A"
Offense
Amount
1st Offense
$100.00
2nd Offense
$250.00
3rd Offense
$800.00
Bylaw No. 1108/10
Page 8 of 10
Lacombe County
Bylaw No.
SCHEDULE "B'"
LEVEL 1:
Using the last number of your address (odd or even) determines which days you may water
your lawn:
Odd numbered addresses may only water lawns on Thursday and Sundays and even
numbered addresses may only water lawns on Wednesdays and Saturdays, as long as the
watering of lawns only occur during the hours 6:00 am to 9:00 am and 7:00 pm to 11:00
pm.
Flowerbeds and vegetable gardens may be watered by hand, at anytime, using a watering can
or a hose with a nozzle with a trigger shut off to restrict water flow. Sprinklers and like water
toys may be used for recreational purposes by children as long as children are present during
use; includes children's pools (capacity not more than 1000 litres).
Any other enhanced water use restrictions or prohibitions imposed by the Municipality.
Requests for site and condition specific irrigation scheduling for commercial or industrial
operations using metered irrigation systems may be approved by the Municipality's Public
Works Department.
LEVEL 2:
All outdoor water use is prohibited, including, but not limited to, watering of lawns, washing cars,
washing sidewalks, washing pads, washing exteriors of buildings and the recreational use of
sprinklers and like water toys/pools.
Flowerbeds and vegetable gardens may be watered by hand, at anytime, using a watering can
or a hose with a nozzle with a trigger shut off to restrict water flow.
Any other enhanced water use restrictions or prohibitions imposed by the Municipality.
Requests for site and condition specific irrigation scheduling for commercial or Industrial
operations using metered irrigation systems may be approved by the Municipality's Public
Works Department.
LEVEL 3:
All outdoor water use is prohibited, including, but not limited to, watering of lawns, washing cars,
washing sidewalks, washing pads, washing exteriors of buildings and the recreational use of
sprinklers and like water toys/pools.
Notwithstanding this, flowerbeds and vegetable gardens may be watered by hand, at anytime,
using a watering can or a hose with a nozzle with a trigger shutoff to restrict water flow.
Local residential customers are requested to voluntarily reduce domestic/household water
consumption.
Local non-residential customers are requested to voluntarily reduce water consumption.
All bulk water sales are suspended, unless for residential use.
Any other enhanced water use restrictions or prohibitions imposed by the Municipality.
Requests for site and condition specific watering by commercial or industrial operations using
metered hand watering or continually monitored systems for the establishment and protection of
new plant material, including trees, may be approved by the Municipality's Public Works
Department.
Bylaw No. 1108/10
Page 9 of 10
SCHEDULE B (continued)
LEVEL 4
All outdoor water use is prohibited. Residential and non-residential use is controlled through
district flow restrictions (reduced pressures subject to Fire Services review and approval).
Relevant provisions in Water Supply Agreements will determine the amount of water that is
available to Commissions, municipalities and Consumers throughout the region under the
circumstances at that time.
Local residential customers are requested to voluntarily reduce domestic/household water
consumption and may receive limited or interrupted water supply as determined by the
Municipality given water volumes allocated regionally.
Local non-residential customers are requested to voluntarily reduce water consumption and
may receive limited or interrupted water supply as determined by the Municipality given water
volumes allocated regionally.
All bulk water sales are suspended, unless for residential use.
Any other enhanced water use restrictions or prohibitions imposed by the Municipality.
Lacombe County
Bylaw No.
SCHEDULE "C'"
INDICATORS
Stettler has three levels of determining the need for water use restriction or demand
management.
1. Measure "A" Indicator
Measure "A" may be invoked by Stettler when the forecast of the demand for water is
predicted that within the next 10 days, the volume of water in the reservoirs that are used to
provide the Municipality with water will be below 35% of the available storage volumes.
When a Measure "A" Indicator has been reached, Stettler may invoke the Level 1 water use
restrictions and prohibitions, as set forth in Schedule "B" hereto.
2. Measure "B" Indicator
Measure "B" may be invoked by Stettler when the forecast of the demand for water is
predicted that within the next 5 days, the volume of water in the reservoirs that are used to
provide the Municipality with water will be below 35% of the available storage volumes.
When a Measure "B" Indicator has been reached Stettler may invoke the Level 2 water use
restrictions and prohibitions, as set forth in Schedule "B" hereto.
3. Measure "C" Indicator
Measure "C" may be invoked by Stettler when the forecast of the demand for water is
predicted that within the next 5 days, the volume of water in the reservoirs that are used to
provide the Municipality with water will be below a predetermined target, which target is set
by Stettler, after consulting with its regional Commission partners who are involved in the
supply of water to the Municipality.
When a Measure "C" Indicator has been reached Stettler may invoke the Level 3 water use
restrictions and prohibitions, as set forth in Schedule "B" hereto. Should invocation of the
Level 3 water use restrictions and prohibitions not result in the volume of water to reach the
appropriate target volumes, as predetermined, Stettler may further invoke the Level 4 water
use restrictions and prohibitions, as set forth in Schedule "B" hereto.
Demand Management Measures Termination
The invocation of the water use restrictions and prohibitions, as determined herein, may be
repealed, in the sole discretion of Stettler, when Stettler deems it is appropriate. Stettler may
use whatever criteria it feels is necessary, but may consider the measurement of reservoir
storage volumes when they are above 65% of the total available storage at 7:00 AM and the
demand forecast predicts that the reservoir volumes will be above 90% of the available
volumes within the 10 day forecast period or that the water system will be in a stable
position.