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BYLAW NO. 31-14
A BYLAW OF LEDUC COUNTY, IN THE PROVINCE OF ALBERTA, TO SET FORTH THE
TERMS AND CONDITIONS FOR THE SUPPLY OF WATER DISTRIBUTION AND SUPPLY
SERVICES IN LEDUC COUNTY AND THAT BYLAW NO. 02-11 AND ALL AMENDMENTS
THERETO ARE HEREBY REPEALED.
WHEREAS:
Pursuant to the Municipal Government Act, R.S.A. 2000, c. M-26, as amended, including
Section 7 and Section 8, and Part 3, Division 3, and amendments thereto, the Council of Leduc
County may pass Bylaws for the purpose of operating a public utility, subject to any terms, costs
or charges which may be established by Council;
Under the authority of the Environment Protection and Enhancement Act, R.S.A. 2000 c. E-12,
as amended, Leduc County has received registration for the operation of Water Distribution
Systems providing service to the development of properties within Leduc County as a public
utility for the benefit of its residents;
The Capital Region Southwest Water Services Commission has constructed Water Supply lines
extending into Leduc County, and where the supply line is available to Leduc County for the
provision of treated potable water, Leduc County, by way of mutual agreement, purchases water
for distribution to residents throughout the developed water distribution service areas within
Leduc County.
The Council of Leduc County deems it necessary and desirable to establish a Water Services
Bylaw to govern the management and operations of the Utilities;
NOW THEREFORE:
The Council of Leduc County in the Province of Alberta, duly assembled, enacts as follows:
1.
General
1.1.
This Bylaw may be cited as, "The Water Services Bylaw".
1.2.
The County is hereby authorized to supply Water Services within the boundaries
of the Service area pursuant to the terms of this bylaw and subject to such
economic or other restraints as Council, in their discretion, may deem
appropriate.
1.3.
The Water Services provided by the County to a User shall be provided pursuant
to the terms, conditions and provisions of this Water Services Bylaw, the
contents of which shall be binding upon and form part of an agreement between
the County and the User for the provision of Utility Services.
1.4.
As provided under Section 33 of the Municipal Government Act, R.S.A 2000, c.
M-26, the County shall be the sole provider of Water Services to land and
Properties within the Service area, unless Council, in its discretion, authorizes
the County to enter into an express written agreement to the contrary.
1.5.
Nothing in this bylaw relieves any Person from complying with any federal or
provincial law or regulation, other bylaw, or any requirement of any lawful permit,
order or license.
BYLAW NO. 31-14
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1.6.
Every provision of this bylaw is independent of all other provisions, and if any
provision of this bylaw is declared invalid for any reason by a Court of competent
jurisdiction, all other provisions of this bylaw shall remain valid and enforceable.
1. 7.
All schedules attached to this bylaw shall form part of this bylaw.
1.8.
Any headings or subheadings in this bylaw are included for guidance purposes
and convenience only, and shall not form part of this bylaw.
1.9.
Specific references to statutes and bylaws in this bylaw are meant to refer to the
current laws applicable within the Province of Alberta as at the time this bylaw
was enacted, and as they are amended from time to time, including successor
legislation.
1.1 0.
Changes in reference to specific clauses defining the designation of authority
caused by updates to the original document referenced shall not affect the
validity of this bylaw once enacted.
2.
Definitions
In this bylaw each of the following words or terms shall have the following meaning
unless expressly stated otherwise:
2.1.
"Application" means the application made by a Person to County for the supply
of Utility Services.
2.2.
"Bypass" means a piping structure designed to provide water service around a
water control or metering device.
2.1.
"CC" means Curb Cock or Service Valve (see below).
2.2.
"Council" means the Municipal Council of County in the Province of Alberta.
2.3.
"County"
means the corporation
of County and
its
duly authorized
representatives.
2.4.
"County Manager" means the Chief Administrative Officer of the County or his
designate.
2.5.
"County Service Pipe" means that portion of a pipe used for the supply of water
which extends from the Water Main to the CC and that portion of a pipe used for
the collection of Sewage which extends from the Sewer Main to the Property
Line.
2.6.
"Critical Service Customers" means water Users connected to the municipal
system requiring significant water volume to provide continuous service. Where
such service interruption would have immediate high potential health effects.
Examples may include but shall not be limited to hospitals, extended care
facilities, multi-Tenant nursing homes, etc.
2.7.
"Customer" means a Person that has entered into an account agreement with
County for the supply of Utility Services, or who is the Owner or occupant of any
premises connected to or provided with a Utility service.
2.8.
"Due Date" means the date payment on an invoice is expected.
2.9.
"Emergency" means an act of God or force majeure creating a condition over
which the User or the County has no control, a condition which creates an
imminent danger or a real possibility of Property damage, or personal injury, or
BYLAW NO. 31-14
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when a condition or situation is declared to be an Emergency by Council, or the
Federal or Provincial Crown, or other civil authority having jurisdiction.
2.1 0.
"Engineering
Standards"
means
the
County Design
Guidelines
and
Construction Standards for Developments, or in the absence of such standards,
generally accepted municipal Engineering Standards.
2.11.
"Improvement" means an Improvement as defined by Part 9 of the Municipal
Government Act including a structure or a building.
2.12.
"Meter" means an approved measuring device and all other equipment and
instruments supplied or approved by the County to calculate and register the
amount of water consumed, on the Property upon which such devices are
situated, including, but not limited to the meter itself, radio frequency units and
Remote Readers.
2.13.
"Owner" means the Person who is registered under the Land Titles Act as an
Owner of a parcel of land, or in the case of Property other than land and the
Improvements thereon, any Person who is in legal possession thereof, or a
representative for the Owner as designated by the Owner.
2.14.
"Peace Officer" means a Bylaw Enforcement Officer, or a Peace Officer within
the meaning of the Peace Officer Act, employed or appointed by the County.
2.15.
"Person" includes a partnership, a firm, a corporate body, and the successors,
heirs, executors, administrators or other legal representatives of a Person to
whom the context can apply according to law.
2.16.
"Private Service" or "Private Service Pipe" means that portion of a pipe used
or intended to be used for the supply of water, which extends from the CC to the
Improvement or Improvements intended to be serviced or which, in the case of
Sewer Services, runs from the Property Line to the Improvement or
Improvements to be serviced and, in both cases, includes those works and
devices described in Section 29 of the Municipal Government Act.
2.17.
"Property" means a parcel of land or an Improvement or a parcel of land and
the Improvement to it, as the context requires, whether the Improvement is
occupied or unoccupied.
2.18.
"Property Line" means the boundary of a piece of land described in a certificate
of title by reference to a plan filed or registered in a land titles office. The
reference point for the purposes of this bylaw defining the Property Line location
shall be in most cases determined by the location of the water Service Valve.
(Curb Cock, CC).
2.19.
"Rates" means the tariff or charges for the supply of Utility Services set out in
the County Schedule of Fees and Charges.
2.20.
"Remote Reader" means an approved device attached to the outside of an
Improvement enabling the County to read water consumption without entering
the Improvement.
2.21.
"Schedule of Fees and Charges" means County's Schedule of Fees and
Charges, as may be adopted, amended or altered by Council from time to time.
2.22.
"Service Area" means those areas of County where County owned water
distribution services are made available.
BYLAW NO. 31-14
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2.23.
"Service Connection" means the part of the system or works of a public utility
that runs from the main lines of the public utility to a building or other place on a
parcel of land for the purpose of providing the utility service to the parcel;
2.24.
"Service Valve" (Curb Cock, CC) means a shut-off valve located on the County
Service Pipe between the Water Main and the structure or Improvement
receiving water service, for the purpose of isolating the Water Services from a
parcel of land.
2.25.
"Sewage" means any liquid waste from a plumbing system
2.26.
"Sewer Main" means those pipes installed for the collection of Sewage
throughout the County to which County Service Pipes may be connected.
2.27.
"Sewer Services" means the provision of Sewer Services to Property within the
County by means of pipes and related equipment and systems, but does not
include the provision of Sewage Services by any other means.
2.28.
"Solid Waste Services" means collection and disposal of materials commonly
known as trash, garbage, refuse or rubbish consisting of everyday items that are
discarded by the public.
2.29.
"Storm Sewer or Drain" means a sewer which carries storm and surface
waters, but excludes Sewage and polluted industrial waste.
2.30.
"Storm Water" means water that originates during precipitation events or
snowmelt.
2.31.
"Street" shall mean all those lands under control of County that are situated
within a registered road right-of-way at the Land Titles Office, Edmonton, Alberta;
2.32.
"Subsidiary Meter" means a privately owned water meter installed at the
Owner's expense for the Owner's purposes only.
2.33.
"Tenant" means a Person who is not the Owner but who is in legal possession
of a Property or Improvement to which a Utility Service is provided.
2.34.
"Turn Off" means a termination of the Water Supply to a property.
2.35.
"Turn On" means the activation of water flow to a property.
2.36.
"User" means any Person
who is the registered Owner of a Property or
Improvement, or where permitted pursuant to this Bylaw, is not the Registered
Owner but is in lawful possession of a Property or Improvement:
2.36.1. for which an Application for a connection to the County's Utility Services
has been accepted;
2.36.2.
which has been connected to Utility Services; or
2.36.3.
which receives Utility Services.
2.37.
"Utility Bill" means a document issued by County which sets out charges for
Utility Services provided to the User, and which may include charges, arrears
and late payment charges as set out in the Schedule of Fees and Charges.
2.38.
"Utility Services" means the Water Services, Sewer Services, Storm Sewer
Services and Solid Waste Services collectively or individually.
2.39.
"Utility System" means the water distribution system, Sewage collection
system,
Storm
Water
management
system
and
all
accessories
and
appurtenances thereof owned or operated by County as a public utility.
BYLAW NO. 31-14
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2.40.
"Water Main" means those pipes installed for the conveyance of water
throughout the County to which County Service Pipes may be connected.
2.41.
"Water Services" means the provision of water to Property within the County by
means of pipes and related equipment and systems, but does not include the
provision of bottled or self-contained drinking water in units of ten (1 0) gallons
(45 litres) or less, or the provision of bulk water for irrigation purposes.
2.42.
"Water Supply" means the water contained and supplied through the Water
Services system.
2.43.
"Working Day" means that portion of the day between 8:30a.m. and 4:30 p.m.
from Monday to Friday inclusive, except for statutory holidays and other holidays
designated and approved by Council.
3.
Connections
General Responsibilities
3.1 .
No Person shall construct, alter or install any manner of connection, whether on
a permanent or temporary basis, to any part of a water distribution system
without first having obtained permission in writing from the County, in the manner
prescribed in this Bylaw.
3.1.1.
All Persons doing any work or service upon a Private Service or the
plumbing system attached thereto shall comply with all federal or
provincial statutes, regulations and codes, all applicable bylaws, and
any permits, licences or approvals governing the work, in force at the
time.
3.1.2.
All installations of Water Services shall be completed under the
direction of a Person holding appropriate certification for the proposed
scope of installation, as may be required by various regulatory agencies
and County.
3.2.
No Person shall have, construct or maintain more than one Private Service to
any Property owned, occupied or controlled by him, except with the express
written approval of the County.
3.3.
No Person shall extend a Private Service line from one lot to another without
prior written consent from County.
3.4.
All service pipes laid on private property, between the building structure and the
Property Line, shall be of material consistent with County Engineering Standards.
3.5.
All service pipes shall be installed in accordance with the County Engineering
Standards.
3.6.
Where a Property development requires water service to more than one unit,
where there is a potential for individual ownership of each unit located on that
Property, each unit shall be provided with a CC valve to accommodate individual
account control.
3.6.1.
Each unit in a development as described in Section 3.6 shall establish a
separate Utility account for Utility Services.
BYLAW NO. 31-14
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3.6.2.
Owners of such Property development shall grant County full access to
the CC valves for each unit on the Property for the purposes of Utility
Turn On and Turn Off, as described in Section 6 and Section 14 of this
Bylaw.
3.7.
Any water service pipes and appurtenances required on private Property shall be
constructed by the Owner at his expense in conformity with this Bylaw and the
Safety Codes Act, RSA 2000, C. S- 1, as amended or repealed and replaced
from time to time, and all applicable Regulations, Codes of Practice and Orders
established there under, and County standards and policies.
3.8.
The Owner of Property situated within the boundaries of the Nisku Industrial
Park, for which there are no existing connections to a water distribution main
adjacent to the Property shall construct a water Service Connection between its
facility and the water distribution system main line adjacent to the Property;
3.8.1.
Where a Water distribution system main line exists adjacent to the
Owner's Property, the Water Service Connection required by Section
3.8 shall be completed in accordance with the provisions of the Safety
Codes Act, RSA 2000, C. S- 1, as amended or repealed and replaced
from time to time, and all applicable Regulations, Codes of Practice or
Orders established there under.
3.8.2.
Where no water distribution system main line exists adjacent to the
Owner's Property on the date of the coming into force of this Bylaw, the
Water Service Connection required by Section 3.8 shall be completed
within one (1) year of the Owner receiving written notice from the
County.
3.8.2.1. Written notice shall indicate that the installation of an
appropriate water distribution main line adjacent to the
Owner's Property has caused the service to be available.
3.8.2.2. Written Notice shall be served upon the Owner by ordinary
mail sent to the last Mailing Address for the Owner shown on
the Tax Roll for the affected Property and shall be deemed to
have been received within seven (7) days of the date of
mailing;
3.8.3.
In addition to the Notice requirements set out at Subsection 3.8.2.2 the
County may give such further and additional Notice which it may
determine warranted, in its sole discretion, by any additional means of
its choosing including but not limited to, radio or newspaper advertising;
3.9.
During any period of time prior to the completion of the Water Service
Connection required by Section 3.8 the Owner shall ensure that suitable Water
Supply facilities are made available for use of employees and guests of the
Owner.
3.9.1.
The Owner shall ensure that such Water Supply facilities, along with
any other existing water
services on the Property are deemed
adequate by all agencies having jurisdiction over such matters,
including but not limited to:
3.9.1.1. Alberta Health Authority
3.9.1.2. Alberta Environment and Sustainable Resources Development
3.9.1.3. Insurance company serving the Owner
BYLAW NO. 31-14
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3.9.1.4. Fire protection requirements
3.9.2.
Any private Water Supply system, or connection to the water
distribution system main line constructed or maintained pursuant to this
section shall comply with the applicable provisions of the Safety Codes
Act, RSA 2000, C. S- 1, as amended or repealed and replaced from
time to time, and all applicable Regulations, Codes of Practice or
Orders established there under.
3.1 0.
Where a Property, subject to an obligation to construct a Water Service
Connection pursuant to this bylaw, is sold to a new Owner subsequent to the
commencement of the one (1) year period set out by Subsection 3.8.2 as
applicable, that new Owner shall be required to comply with the requirements
of Section 3.9 as if that new Owner was the Owner of the Property at the time
the obligation arose;
3.1 0.1.
Where an Owner who is subject to an obligation to construct a Water
Service Connection under Section 3.8 is unable to do so within the
applicable time limit, that Owner may apply in writing to the County for
a one (1) year extension of the time limit for meeting the Owner's
obligations under section 3.8;
3.1 0.2.
Any tanks, holding tanks, cisterns or active wells no longer required to
service the Property after connection to the water distribution system
main, shall be removed or decommissioned as may be required by
applicable guidelines established by the County and any other
agencies having jurisdiction over such matters.
3.11.
The Owner of a Property to be serviced shall be responsible for obtaining all
permits, certificates, licenses, inspections, reports, and other authorizations
necessary for the installation and operation of Water Services.
3.12.
The County shall not be required to commence Water Services to a Property
unless and until the Owner has complied with the requirements of all
governmental authorities, permits, certificates, licenses, inspections, reports
and other authorizations, all right-of-way agreements, and all of the County's
requirements applicable to the installation and operation of the Water Service
Connections.
3.13.
The County reserves the right, but is not obligated, to verify that all necessary
authorizations have been obtained
Requirements for New Connections
3.14.
A Person developing a Property, requiring the prov1s1on of Water Services
during construction and development, may apply for a permit to receive those
Water Services on the subject Property.
3.15.
Any Person seeking to obtain Water Services from the County shall submit a
completed Application in a format as prescribed by the County, along with a
non-refundable water connection fee as set out in the County Schedule of Fees
and Charges for those services prior to the subject Property or Improvement to
be serviced being occupied or otherwise put into use by any Person.
3.16.
Where an Application is received pursuant to Section 3.15, the County may
determine to accept or reject that Application at his or her sole discretion and
BYLAW NO. 31-14
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shall, in the exercise of that discretion, give consideration to any guidelines
respecting the exercise of that discretion as may be established by resolution
of Council from time to time.
3.17.
Any Person proposing to connect anything, including but not limited to, Water
Service Pipes, valves or other appurtenances to the County's Water Services
System must apply to the County for approval. Such an Application must
include:
3.17.1.
Construction drawings identifying the proposed connection,
3.17.2.
associated piping,
3.17.3.
fittings and installations and,
3.17 .4.
any other information required by or set out by Engineering Standards
Accounts and Applications
3.18.
All Applications for development, and all development, construction or
installations contemplated under this Bylaw shall comply with the provisions of
the Safety Codes
Act, RSA 2000, C. S- 1, as amended or repealed and
replaced from time to time, and all Regulations and Codes of Practice and the
County's Engineering Standards as applicable.
3.19.
An Application for the supply of Water Services account under the
requirements of this bylaw shall be in the form prescribed by the County and
shall be submitted not less than ten (1 0) Working Days prior to the date the
Water Services are proposed to become active.
3.19.1.
The County shall be under no obligation to Turn On water service to a
Property for which an Application has not been submitted.
3.19.2. All Turn On services shall be executed only during a Working Day.
3.19.3. All Turn On services must be attended by the Owner or a responsible
Person delegated by the Owner.
3.20.
The County shall be under no obligation to process any Application that is;
3.20.1.
incomplete or;
3.20.2.
any for which the required fee has not been submitted, or;
3.20.3.
where the Applicant or the Owner of the Property or Improvement to
be serviced has any outstanding account balances with the County.
3.21.
A User receiving Water Services pursuant to this Bylaw, or a Person who
otherwise receives Water Services, shall pay to the County the monthly service
charges and consumption Rates set in accordance with the County Schedule
of Fees and Charges within the time limits set out in this Bylaw and the County
Schedule of Fees and Charges.
3.22.
Upon the change of ownership of a Property, the new Owner shall be required
to submit a new Application for Utility Services to the County pursuant to the
requirements of this Bylaw; however, the failure of the new Owner to submit an
Application shall not relieve that new Owner from the obligation to pay the
applicable Rates incurred for the provision of Utility Services to the Property
after the date of transfer of title has occurred,
3.23.
The Application, when accepted by the County, shall form a binding contract
between the User and the County, and the provisions of this Bylaw shall form
part of the terms and conditions of that contract, which the User, by submitting
the Application, agrees to comply with.
BYLAW NO. 31-14
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3.24.
Except as otherwise provided for under this Bylaw, a Tenant shall not be
entitled to submit an Application or to otherwise enter into a contract for the
provision of Water Services to any Property or Improvement.
3.25.
Notwithstanding Section 3.24 of this Bylaw, a Tenant in whose name Utility
Services are currently provided to a Property or Improvement and whose
account is in good standing at the time this Bylaw comes into effect may
continue to receive Utility Services until such a time as the Tenant closes the
account, or the Utility Services are discontinued for any reason pursuant to this
Bylaw or the Municipal Government Act.
3.26.
Notwithstanding Section 3.25 of this Bylaw, the Owner of a Property where
Water and Sewer Services are received shall be responsible for all Utility
Services delivered or consumed and all charges levied for Water and Sewer
Services delivered to a Property, whether the delivery of Utility Services was
measured by way of a Meter or metering device, or whether delivered or
consumed by accidental or illegal means.
3.27.
Notwithstanding Section 3.24 of this Bylaw, an Owner of a Property or
Improvement to which Water Utility Services are provided may make an
Application in a form prescribed by County, to have Utility Bills mailed to the
Tenant of the Owner under the Owner's name; however, the Owner shall
remain responsible for the fees and charges incurred for the Utility Services
pursuant to Section 3.21 of this Bylaw.
Construction Water
3.28.
An Application for a permit under this Section shall be submitted to the County
with the applicable permit fee as set out in the County Schedule of Fees and
Charges.
3.28.1.
All construction water use shall be invoiced to the Property Owner,
general contractor, or applicant.
3.28.2.
Applicable fees for construction water service shall be defined by the
County Schedule of Fees and Charges.
3.29.
The County Manager may impose any conditions determined to be reasonable
and necessary as part of the permit, if granted, including but not limited to
requiring construction water use to be metered and billed in accordance with
the County Schedule of Fees and Charges.
4.
Service and Servicing
4.1.
No Person other than the County shall provide the same or a similar type of
utility service in all or part of the municipality;
4.1.1.
Exceptions to the sole provision of services defined by this Bylaw
shall be granted only by the County Manager through express written
agreement.
4.2.
All Users wishing to cancel Utility Services shall advise the County, in writing,
providing at least five (5) Working Days notice prior to final date. All fees and
charges shall apply to the registered Property Owner coincidental with
ownership title registration until such time as a new Application for services to
the Property is received.
BYLAW NO. 31-14
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4.3.
Any Customer seeking to have Utility Services Turned-Off for his own purposes
shall submit a request in writing at least five (5) Working Days in advance of
the intended date of Turn Off, and shall be accompanied by payment of the
water disconnection fee, as set out in the County Schedule of Fees and
Charges.
4.3.1.
The Customer wishing to have the Utility Services reinstated must
provide payment of a reconnection fee, as defined in the County
Schedule of Fees and Charges.
4.3.1.1.
This fee may be recovered by the County by assigning the
value to the service account established with the
Customer.
4.4.
In any area where the system pressure exceeds 700kPa (100psi), the Owner of
a Property connected to the municipal system shall be responsible for the
installation of a pressure reducing valve on the Owner's side of the meter.
Operation Responsibilities
4.5.
All costs associated with the operation and provision of system components
required to construct and operate the private portion of water Service
Connection and system shall be borne solely by the Owner.
4.6.
The Property Owner shall be responsible for the maintenance of the water
service line from Property Line to the County water distribution system main
line.
4.6.1.
The Owner shall be responsible for the coordination of private
plumbing and service contractors as maybe required to address
service line issues.
4.6.1.1.
The Owner shall be solely responsible for all costs incurred
for such repairs and servicing.
4.7.
A User shall be responsible to thaw out frozen Private Service Pipes servicing
their Property or Improvement.
4.8.
The Owner shall be responsible for maintenance and repair of all piping, valves
and connections inside a Property, except the meter and connection tailpieces
which are the Property of the County.
4.9.
When a Private Service Pipe passes through an excavation, an area of backfill,
through a finished or unfinished basement wall, or through a retaining wall, the
County shall not be responsible for any damages due to displacement,
settlement or any cause due to the Owner's operations whether damage
occurs during building construction or afterwards.
5. Access to Property
5.1.
The County may, on reasonable notice to the User, inspect the Property of the
User in order to do any tests, sampling and inspections so as to determine
compliance with this Bylaw
BYLAW NO. 31-14
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5.2.
The County's employees, agents or other representatives shall be granted right
to enter a User's Property at all reasonable times to install, maintain, inspect,
replace, test, monitor, read, or remove the County's Property, respond to a
User's complaint or query, conduct an inspection relating to concerns with
unauthorized use of water or sewer, or tampering with the Utility System, or for
any other purpose incidental to the provision of Utility Services.
5.3.
Except in the case of an Emergency, where entry is permitted by an Order of
the Court, or where otherwise legally empowered to enter, before entering a
User's Property, the County will make reasonable effort to give notice of entry
to the User or other responsible Person who is present on the Property and
who appears to have sufficient authority to permit entry.
5.4.
All County representatives shall produce identification upon request.
5.5.
No Person shall hinder or prevent entry to Property by County employees,
agents or other representatives pursuant to Section 5 of this Bylaw.
5.6.
In the event that the User fails or refuses to permit access to a Property, the
supply of water to that User may be subject to a Turn-Off along with the
applicable fees defined in the County Schedule of Fees and Charges and the
established penalty defined in Schedule "A" of this Bylaw.
5.7.
If an inspection of a Property discloses any act or omission contrary to the
provisions of this Bylaw or the inspection discloses any defect or insufficiency
in the location, construction, design or maintenance of any equipment in
connection with the water distribution system, the inspector will report to the
County, who may direct the Owner or occupier of the premises to correct the
act or omission or any defect or insufficiency.
6.
Restrictions, Prohibitions and Interruption of Service
6.1.
The County does not guarantee or warrant the continuous supply of Water
Services and the County reserves the right, in case of Emergencies,
construction or maintenance activities, to change the operating practices,
restrict the availability of Water Services or to Turn Off Water Services, in
whole or in part, with or without notice.
6.2.
The County may prohibit, restrict or ration the use of water, as the County
deems appropriate, including circumstances of heavy demand, low reserves,
maintenance, repairs, fire-fighting or Emergency.
6.2.1.
However, the County will endeavor to provide twenty four (24) hours
notice of such prohibitions, restrictions or rationing, when practical.
6.3.
The County may, in its discretion, Turn-Off Water Services, in whole or in part,
to any User for any lawful reason, including non-payment, upon providing
reasonable notice to the User.
6.4.
Users depending upon a continuous and uninterrupted supply or pressure of
water or who require or have processes or equipment that require particularly
clear or pure water shall provide such facilities as are considered necessary to
ensure a continuous and uninterrupted supply, pressure or quality of water
required for the intended use.
BYLAW NO. 31-14
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6.4.1. All costs associated with the operation and prov1s1on of system
components required pursuant to Section 6.4 shall be borne solely by
the Owner.
6.5.
Only Critical Service Customers requ1nng an uninterrupted water service
supply, may at their expense upon discretionary approval of the County,
construct and maintain a properly designed Bypass satisfactory to the County,
6.5.1.
Such Bypass shall be sealed by the County and shall be opened by
the Customer only in cases of Emergency.
6.5.1.1. The Customer shall notify the County when
seal on the
Bypass has been broken,
6.5.1.1.1. Failure to notify the County of justified Bypass
use or use of Bypass independent of an
Emergency occurrence the Owner shall be
subject to a fine as established in this Bylaw in
addition to the estimated Bypassed water volume
charges as set out in the Schedule of Fees and
Charges
6.5.1.2. Failure to provide payment for Bypass use may result in
Utility Service termination (Turn Off) to such consumer until
satisfactory arrangements have been made for payment on
account.
6.6.
No User shall damage or tamper with a water seal, a Remote Reader, or a
Meter, for any purpose, including the alteration of any readings shown thereon.
6.7.
No User shall vend, sell, supply, dispose of, or give away water from the Utility
System or permit the same to be taken or carried away from a Property, unless
approved by the County in writing.
6.8.
No Person shall waste any water in any way, whether by improper or leaky
service pipes, fixtures or taps, by freezing, or by improper or excessive use of
water.
6.9.
No Person shall attempt to obtain Water Services from the Water Distribution
system by, from or through a Bypass or otherwise, in any fraudulent manner.
6.1 0.
The County shall not be liable for damages including losses caused by;
6.1 0.1.
a failure within the County Water Distribution System or
6.1 0.2.
the interference or cessation of Water Services including those
necessary or advisable regarding the repair or proper maintenance of
the County Water System, or
6.1 0.3.
generally for any accident that may or may not have been a result of
operation of the County Water Distribution System;
6.1 0.4.
unless such costs or damages have been shown to be directly due to
the willful act of the County or employees of the County.
All
limitations, protections and exclusions of liability contained in any
provincial or federal legislation shall be applicable to and shall benefit
BYLAW NO. 31-14
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the County in respect of any action brought or contemplated in
respect of the provision of Water Services.
6.11.
No Person shall uncover, alter, disturb or make use of connections with or
openings into, any public water pipe or appurtenances thereof without prior
written authorization from the County Manager.
7.
Meters
6.11.1.
Any Person found in contravention with Section 6.11 shall be subject
to specified fines as defined in Schedule "A" of this bylaw.
6.11.2.
In the event that a Private Service is abandoned or discontinued
within a Property, the Owner of the Property, at his expense, shall cap
the service line at the point at which the service line crosses the
Property Line into the Property in a manner acceptable to the County,
which will prevent contamination of the service and water distribution
system by Storm Water, soil, dirt or debris from being washed or
backed up into the County Water Distribution System.
7 .1.
All Properties receiving Water Services shall have a Meter installed to measure
the amount of water consumed on that Property.
7.1.1.
On properties where services are connected where each unit is
potentially individually owned, metering shall be required as if each
unit were an individual property.
7.1.2.
All Meters shall be owned, supplied and maintained by the County,
except as herein provided.
7 .1.3.
The Meter must be approved by and installed to the satisfaction of the
County.
7 .1.4.
Meters shall be read at the discretion of the County Manager.
7.2.
A Person developing a Property requiring connection to Water Services shall
provide:
7 .2.1.
spacing for the water Meter in the design of the plumbing
infrastructure of the Property or Improvement to be serviced, in
accordance with County Engineering Standards,
7.2.2.
and install all necessary wiring for the installation of a Meter and a
Remote Reader in locations that provide unobstructed access for the
purpose of installation, removal, inspection, repair, monitoring and
reading of the Meter and Remote Reader.
7.2.3.
In the event that access to the Meter is obstructed due to alterations
made to a Property, the County may require the Meter to be relocated
to a location that provides unobstructed access.
7 .2.3.1. Where a meter relocation is required under section 7 .2.3 the
costs associated with the relocation, including but not limited
to contracted services, plumbing and materials, shall be
borne by the Owner of the Property.
BYLAW NO. 31-14
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7.2.3.2. All other costs, including County costs associated with
relocation of the Meter, shall be borne by the Owner of the
Property.
7.3.
The Owner shall provide information regarding the size, type and number of
water meters that are anticipated to be required to service a proposed site.
7 .3.1.
The Owner shall ensure that the sizing of a proposed meter is
appropriately matched to the expected flow requirements of the
Property.
7.3.2.
The County reserves the right to require specific sizing of service lines
and metering devices for any Property based on information provided
on the Application for service, and standard capacities of system
components.
7.3.3.
Customer refusal to allow installation of the specified metering device
shall result in discontinuation of Water Services to that Property.
7 .4.
The County, as a condition of providing Water Services, may inspect the
Property of an Owner or potential User who applies to the County for Water
Services.
7 .5.
Any Person who desires a new water Service Connection from the County
shall:
7 .5.1.
be responsible for installation of the service pipe from the distribution
main in the Street to the building and,
7.5.2.
install a Service Valve at the Property Line in accordance with County
Engineering Standards
7.5.3.
be solely responsible for the cost and expense for the materials,
construction and installation of the required Service Connection
Protection of Meter
7.6.
Each Customer shall provide adequate protection for the meter supplied by the
County against internal and external damage that may be caused by;
7.6.1.
freezing ,
7.6.2.
excessive heat or,
7.6.3.
any other potential risk factor attributable to operations carried out in
proximity to the meter location.
7. 7.
In the event of the meter being damaged from the risks identified in Section 7. 6
Leaks
7.7.1.
the Customer shall pay to the County, all costs associated with the
repair of such meter,
7.7.1.1.
All costs shall be recoverable in the same manner as all
other costs and charges provided for under this bylaw.
7.8.
Any leaks that may develop at the water meter or its couplings must be
reported immediately to the County.
BYLAW NO. 31-14
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7.8.1.
The County shall not be held liable for damages caused by such
leaks.
7.9.
No Person other than an authorized County employee shall remove,
disconnect, reconnect or tamper with a meter.
7.10.
Meters of 50.8 millimeters (two (2") inch) or less will be installed by the County
at the expense of the Owner of the Property, or his general contractor.
7.1 0.1.
It is the responsibility of the Owner or his general contractor to notify
the County to install the Meter and Remote Reader.
7.11.
Meters of more than 50 millimeters (two (2") inch) will be installed by a certified
qualified Person at the Owner's expense.
7 .11.1.
The Owner shall ensure that the County is provided with notification of
the installation of a Meter under this Section within 24 hours of the
installation.
7.11.2.
Failure to inform the County of the meter installation may result in the
Owner being subject to applicable fines as described in Schedule "A".
Subsidiary Meter
7.12.
A consumer may, at his own expense, install a meter between the meter
supplied and installed by the County and the point of use of the Water Supply.
7.12.1.
Such meters shall not be maintained or read by the County.
7 .12.2.
Billing for water consumption to the serviced Property shall be for the
primary meter only, including total volumes consumed at the Property
serviced.
7.12.3.
Billing for water metered by Subsidiary Meters shall remain the
responsibility of the Owner.
7 .13.
When in the opinion of the County the building or other premises intended to be
supplied with water are too far from the County service to conveniently install a
meter in that building or premises, or if a number of buildings are to be so
supplied or for any other reason, the consumer shall at his sole cost, construct
and maintain a meter containment facility satisfactory to the County.
8.
Alternate source
Private Water Sources
8.1.
Private water sources within any of the County's service areas are prohibited,
8.1.1.
unless otherwise authorized and approved in writing by the County
Manager.
8.1.1.1.
No Person who has been granted permission to use an
alternate source of Water Supply shall allow any form of
cross-connection between the alternate Water Supply and
the Water Services.
8.2.
Notwithstanding Section 8.1 Private water sources that are constructed and
operated by the Owner for the purpose of supplying service to a single dwelling
are allowed throughout rural areas of the County.
BYLAW NO. 31-14
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8.3.
The County may issue a notice to discontinue the use of an unauthorized
private water source.
8.3.1 .
If the use of an unapproved water source continues beyond the
expiration of the notice;
8.3.1.1.
The County may take action to remove, fill or otherwise
abate the water source.
8.3.1.2.
All costs associated with the elimination of the private
water source shall remain the responsibility of the Owner
of the private water source.
8.3.1.3.
All costs associated with the required abatement of an
unauthorized private water source shall be collectable
through process as defined by Section 14.7 of this bylaw.
9.
Service Valve Operation
9.1.
No Person
other than a duly authorized employee, contractor or other
authorized representative of the County may operate a distribution system
main valve or SeNice Valve,
9.1.1 .
except with the consent of the County Manager.
9.1 .1.1.
Consent from the County Manager may only be granted for
the purpose of testing a Private SeNice Pipe or
replacement or servicing of a master valve.
9.2.
No Person other than a duly authorized employee, contractor or other
authorized representative of the County shall operate County owned valves of
50mm or larger in size for any purpose.
9.3.
No Person shall obstruct access to a CC valve
9.3.1.
Any Person obstructing access to a CC valve shall be responsible for
all costs incurred by the County to clear or remediate the obstruction
in order to gain access to the CC valve.
10.
Cross Connections and Backflow Prevention
1 0.1.
No Customer or Person shall install or allow to exist; any equipment, appliance
or piping configuration that could produce a cross connection.
1 0.2.
Where in the opinion of the County there is a danger of contamination of the
water works system from a source other than the County Water Supply system,
the Customer may be required to install appropriate cross connection control
devices to prevent such contamination due to backflow into the system.
1 0.2.1.
The type and installation of cross connection control devices shall
comply with the Alberta Plumbing Regulations, National Plumbing
Code and the CAN/CSA 864 Standard.
10.3.
The Customer shall at his expense arrange for the installation, inspection and
testing of cross connection control devices as may be required by Alberta
Plumbing Regulations, National Plumbing Code and the CAN/CSA 864
Standard.
BYLAW NO. 31-14
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1 0.4.
Results of inspection and testing of backflow prevention devices shall be
submitted to the County upon request for such documents.
10.4.1.
Failure to provide the requested documents in a timely manner may
result in discontinuation of water service ordered by the County, until
such time as the documents may be produced certifying the reliability
of the backflow prevention device.
11.
Bulk Water Stations
11.1.
The County may, at its discretion make water available for sale at bulk water
stations at various locations within the jurisdictional boundary of the County.
11.2.
The County does not guarantee the supply of water at the bulk water stations.
11.3.
The County does not guarantee the suitability of water obtained through the
bulk water stations for the intended purpose for which it may be obtained.
11.4.
Any Person wishing to use a County bulk water station to obtain a supply of
water;
11.4.1. shall submit a completed Application form and pay a fee as per the
County Schedule of Fees and Charges.
11.4.1.1. Access to bulk water stations will be granted upon receipt
of the completed Application form and required fee
payment.
11.4.2.
may purchase water using coins where coin operation facilities exist
or,
11.4.3.
may purchase water on account where appropriate facilities exist,
using a Personal Identification Number (PIN) issued by the County.
11.4.4.
may purchase water using available account management practices
as provided by the County at its discretion.
11.5.
Bulk water station water Rates are set out in the Schedule of Fees and
Charges.
11.6.
The Customer shall be responsible for providing any additional length of hose
beyond that installed on the bulk water station outlets for connection to the bulk
water station.
11.6.1.
The Customer must ensure the hose is not submersed in the water
tank, an air gap must be maintained between the hose and the
receiving vessel to prevent back siphoning and cross contamination.
11.6.1.1.
Failure to provide the required air gap may result in
termination of access to bulk water station services.
11.7.
Contamination of Truck Fill station equipment is strictly prohibited.
11.8.
The County reserves the right to refuse access to any bulk water station for
which the County is responsible for any reason the County deems appropriate.
11.8.1.
Discontinuation of access shall be immediate upon discovery of
contamination or abuse of County equipment provided at any bulk
water station.
BYLAW NO. 31-14
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11.8.2.
Discontinuation or refusal of access may be applied to single Users or
corporations at the discretion of the County.
12.
Fire Hydrants
12.1.
Fire Hydrant installation shall be governed by the County Fire Hydrant Bylaw.
12.2.
No Person shall take water from a County fire hydrant, except with the approval
of the County.
12.2.1.
Such approval may be subject to specific conditions that the County in
its discretion deems appropriate.
12.2.2.
Exceptions may be made as authorized by the County and in
compliance with County fire department requirements
12.2.3.
Unapproved use of fire hydrants shall result in the enforcement of a
specified penalty as defined in Schedule "A" of this Bylaw and;
12.2.3.1. invoicing for the estimated volume of water taken from the
hydrant.
12.3.
Any Person wishing to use water from a fire hydrant pursuant to the approval
of the County shall
12.3.1.
rent and use only a County supplied fire hydrant meter installed or
inspected by a County representative, and
12.3.2.
use an approved back flow prevention device, and
12.3.3.
take steps necessary to prevent damage to municipal infrastructure,
tools and equipment.
12.4.
No Person having received authorization to draw water from a County fire
hydrant shall proceed to draw water from that hydrant until:
12.4.1. that Person has paid all applicable Fees and Charges as imposed by
the County or otherwise provided for in the Schedule of Fees and
Charges; and
12.4.2. the fire hydrant meter and back flow prevention device has been
properly installed as required under Section 12.3.
13.
Administration
County Council hereby delegates to the County Manager all those powers stipulated by
this Bylaw to be exercised by the County and all necessary authority to exercise those
powers, excluding there out, the power to set utility Rates or enact bylaws, or do
anything else reserved exclusively for Council pursuant to the provisions of the Municipal
Government Act.
13.1.
Rates shall be administered in compliance with the County Schedule of Fees
and Charges, as amended, from time to time.
13.2.
Utility Bills are intended to be issued on a bi-monthly basis unless the County
determines that another frequency is necessary or desirable.
13.3.
The amount of the billing shall be based upon the Fees and Charges, or other
Rates described herein, with water consumption being determined by the
BYLAW NO. 31-14
- 19-
applicable Meter reading obtained on a bi-monthly basis. Where a Meter
reading is not obtainable, at the discretion of the County, a system-generated
estimate may be used.
13.4.
Where two (2) consecutive estimated meter readings have been used for billing
purposes due to the meter not being read by a municipal official as a result of
the consumer failing to provide or allow the County access to the meter or
remote reader during a billing period:
13.4.1.
a notice may be left at the consumer's address requesting the
consumer to contact the County within two (2) Working Days, advising
of the date and time that the County will be able to have access to the
meter or remote reader for the purpose of obtaining an actual meter
reading; or
13.4.2.
In the case where the consumer does not contact the County within
two (2) Working Days, the County may turn-off the Service
Connection without any further notice until such time as an actual
meter reading can be obtained.
13.5.
Where metering devices are employed, an actual Meter reading shall be
required at least once in each calendar year for each Property receiving Utility
Services.
13.6.
Adjustments for Estimations - in the event that estimations have occurred
on an individual account for billing purposes. Billing adjustments will be made
upon discovery of actual water use volume.
13.6.1.
Over billed amounts will be credited to account (no refund of money)
13.6.2.
Under-billed amounts will be billed on the next billing period.
13.6.3.
All estimated readings shall be based on the average of the previous
year's consumption. The average consumption for a two month billing
period shall be calculated by taking the sum of the previous year's
consumption divided by six. In instances where a consumption history
does not exist for the affected account, the County may use the
consumption history from a similar type of activity.
13.7.
No reduction in Rates will be made in the monthly charge for water service
because of any interruption by any cause whatsoever of the Water Supply.
13.8.
Disputed readings
In the event that a Customer believes that a meter reading is in error the
County shall verify the meter reading and provide any adjustment to the invoice
to indicate corrections that may have been required.
13.8.1.
If there is a discrepancy between an inside Meter reading and the
Remote Reader for the same Property, the inside Meter reading will
be deemed to be accurate, subject to the further provisions of this
Bylaw.
13.8.2.
In the event that the County disputes the accuracy of a Meter, a
written notice shall be given to the User. In the event that a User
disputes the accuracy of a Meter, the User shall present the County
BYLAW NO. 31-14
-20-
with written notice accompanied by a payment of the water Meter test
fee in accordance with the Schedule of Fees and Charges.
13.8.3.
Where accuracy of a Meter is disputed, at a mutually agreed time, the
meter shall be tested or calibrated by a certified third party as
delegated by the County.
13.8.4.
In the event that the meter is found to be accurate within 97% to
103% of the water passing through the same, the expense of such
test or calibration shall be borne by the party requesting the meter
test.
13.8.5.
In the event that the meter is found not to be accurate within 97% to
103% of the water passing through the same, the Meter shall be
repaired or replaced as soon as is practical at the expense of the
County.
13.8.6.
In the event that testing of a meter determines that the meter must be
replaced.
13.8.6.1. The County shall return the water Meter test fee, as paid
by the User, and
13.8.6.2. The County shall adjust the water charges previously billed
for a maximum of two (2) billing cycles.
13.9.
Repairs and Restoration
13.9.1. If a User neglects or refuses to comply with a notice to repair a private
service within sixty (60) days of receipt thereof, the County may make
or cause to be made repairs at the expense of the said User.
13.9.2. In a case where the County has to dig and repair the Service Valve, the
County shall have the right to use the private Property, but shall be
responsible for restoration of the private Property to a condition at least
equivalent to that which existed before the work began, at the County's
expense.
13.9.3. The Customer shall be responsible for all costs associated with
supplying, installing, altering, repairing, relocating or replacing a water
meter. Such charges may be collected pursuant to section 14.7 of this
bylaw.
14.
Payment on Account
14.1.
Payment on account may be made to the County at such locations designated
and under any payment method utilized by the County.
14.1.1.
Payments must be received on or before the Due Date noted on the
Utility Bill.
14.2.
Payment of a Utility Bill is due thirty (30) days from the date of mailing.
14.2.1.
A Utility Bill shall be deemed sufficiently mailed if mailed by ordinary
mail to the municipal address of the Owner, User, or the Property
receiving the Utility Services, as the case may be.
14.3.
The County shall maintain a utility fees collection process which includes the
following:
BYLAW NO. 31-14
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14.3.1.
Utility charges are due upon receipt of the Utility Bill.
14.3.2.
Thirty-one (31) days after mailing of the Utility Bill, the penalty for late
payment shall be levied. Upon levying the penalty a notice shall be
mailed to Customers.
14.3.3.
Thirty-five (35) days after mailing of the Utility Bill, the County shall
have the right to deliver a disconnection Turn Off notice to the site if
utility arrears exist.
14.3.4.
Three business days after delivery of the disconnection Turn Off
notice, the County shall have the right to disconnect Utility Services to
a site if utility arrears remain outstanding.
14.3.5.
Upon disconnection, the County shall levy charges for disconnection
of Utility Services and for an additional deposit in accordance with
County Schedule of Fees and Charges.
14.3.6.
Applicable utility charges shall continue to be levied after services
have been disconnected.
14.3.7. Alternative collection procedures may be authorized by the County
Manager.
14.3.8.
No reduction in Rates or applicable charges will be made in the
monthly charge for Water Services available to any User because of
any interruption by any cause whatsoever of the services provided.
Overdue Accounts
14.4.
In the event of non-payment:
14.4.1. A Utility Bill not paid by the Due Date will be considered to be in
arrears and subject to late penalty charges, the rate for which is set
out in the Schedule of Fees and Charges;
14.4.2.
The County reserves the right to discontinue providing Utility Services
where Utility Bills are in arrears. Upon disconnection, any outstanding
utility account balance along with a reconnection service fee as set
out in the Schedule of Fees and Charges must be paid in full prior to
the County re-establishing the Utility Service Connection.
14.5.
The County shall have the right to discontinue providing Utility Services to
those sites with overdue accounts.
14.5.1.
A notice shall be mailed to a landlord when a disconnection notice is
delivered to a Tenant site.
14.6.
A previous Tenant's utility arrears are not required to be paid in order to open
an account in the name of a Property Owner.
14.7.
The Rates owing to the County by an Ownerfor Utility Services pursuant to this
Bylaw may be added to the Tax Roll for the Property to which the services are
provided, and when added for a special lien against the Property, and any
Improvements, are recoverable in the same manner as a Property tax.
14.7.1.
In the event of default in payment of any Utility Bill, the County may, in
addition to any other remedy available to the County, enforce
payment by action in a Court of competent jurisdiction
BYLAW NO. 31-14
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14.7.2.
An administrative fee as set out in the Schedule of Fees and Charges
will be levied in the event that a transfer of a utility account balance to
the Property tax account is deemed necessary.
15.
Termination of Services
15.1.
by Customer
15.1.1. To terminate Utility Services, written authorization must be submitted
to the County, including a move-out date and forwarding address. A
final reading will be taken and the Customer is required to pay the
final bill.
15.2.
by the County
15.2.1.
The County may discontinue the supply of all Utility Services for any
of the following reasons:
15.2.1.1.
non-payment of any fees owing to the County for sixty (60)
days or longer and;
15.2.1.1.1. Users will be liable for the prescribed turn-off
and turn-on charges specified in Schedule "A";
or
15.2.1.2. to accommodate repairs to any part of the distribution
system;
15.2.1.3.
lack of Water Supply; or
15.2.1.4. where in the opinion of the County leakage from the
Service Connection constitutes a waste of water;
15.2.1.5.
inability of the County to obtain access to a premises to
read, replace, repair, or perform maintenance on any
meter after fourteen (14) days following written notification
for access; or
15.2.1.6. failure by, or refusal of, a Customer to comply with any
provision of this bylaw; or
15.2.1.7. failure by, or refusal of, a Customer to comply with any
provisions of any Provincial Acts, the Building Code, or any
regulations there under; or
15.2.1.8. at the Owner's request to have the services discontinued;
or
15.2.1.9. in any other case provided for in this bylaw;
15.2.2.
and in such event the County, its officers, employees or agents shall
not be liable for any damages of any kind from such termination of
service.
16. Other Customer Services
The County may provide other Customer services, at the request of the Customer, on a cost
recovery basis.
17. Enforcement
BYLAW NO. 31-14
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17.1.
Where a Peace Officer has reasonable grounds to believe that a Person has
violated any provision of this Bylaw, the Peace Officer may commence Court
proceedings against such Person by:
17 .1.1.
issuing the Person a violation ticket pursuant to the provisions of Part
2 of the Provincial Offences Procedure Act, R.S.A. 2000, c. P-34, as
amended; or
17.1.2.
swearing an information and complaint against the Person.
17.2.
Where a Peace Officer issues a Person a violation ticket in accordance with
Section 17, the Peace Officer may either:
17 .2.1.
allow the Person to make a voluntary payment of the minimum
specified penalty as provided for the offence in this Bylaw by
indicating such specified penalty on the violation ticket; or
17.2.2.
require the Person to appear in court without the alternative of
making a voluntary payment where the Peace Officer believes that
such court appearance is in the public interest, pursuant to the
provisions of Part 2 of the Provincial Offences Procedure Act.
17 .3.
No provision of this Bylaw or any action taken pursuant to any provision of this
bylaw shall in any way restrict, limit, prevent, or preclude the County from
pursuing any other remedy the Municipality may have at common law or by
operation of statute.
18.
Strict Liability Offence
18.1.
It is the intention of Council that all offences created by this Bylaw be
interpreted to be strict liability offences.
19.
Offences and Penalties
19.1.
Any Person that contravenes any provision of this bylaw is guilty of an offence
and liable upon summary conviction to the penalty set out in this bylaw.
19.2.
In the case of an offence that is of a continuing nature, a contravention
constitutes a separate offence in respect of each day, or part of a day, on
which it continues, and a Person found guilty of such an offence is liable to a
fine in an amount not less than that established by this Bylaw for each day
upon which the offence occurs.
19.3.
When a corporation commits an offence under this Bylaw, every director,
officer, manager, employee, or agent of the corporation, who authorized,
assented to, acquiesced in, or participated in the offence, act, or omission, that
constitutes an offence under this Bylaw, is guilty of the offence whether or not
the corporation has been prosecuted for the offence.
19.4.
A Person who is guilty of an offence pursuant to this Bylaw for which no
specified penalty has been set out at Schedule "A", is liable to pay a fine in an
amount which is not to be less than FIVE HUNDRED ($500.00) DOLLARS, and
not more than TEN THOUSAND ($1 0,000.00) DOLLARS ..
BYLAW NO. 31-14
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19.5.
Notwithstanding the specified penalties provided for in this bylaw, a Judge of
the Provincial Court of Alberta, or any other Court of competent jurisdiction,
may increase the penalties provided for in this bylaw, where the Court deems it
appropriate to do so, having regard, among other things, to the gravity or
consequences of the offence, or whether the offence has been repeated.
19.6.
Voluntary payments, where allowed, for any offence not specified in Schedule
"A", shall be as follows:
19.6.1.
For a first offence, a specified penalty in the sum of THREE
HUNDRED ($300.00) DOLLARS;
19.6.2.
For a second offence, a specified penalty in the sum of ONE
THOUSAND ($1 ,000.00) DOLLARS; and
19.6.3.
For a third or subsequent offence, a specified penalty in the sum of
ONE THOUSAND FIVE HUNDRED ($1 ,500.00) DOLLARS.
20.
Repeal and Coming Into Force
20.1.
Bylaw 02-11 , as amended, is repealed.
Read a first time this 23rd day of September, A.D., 2014.
Read a second time this 23rd day of September, A.D., 2014.
Read a third time with the unanimous consent of the Council Members present and finally
passed this 23rd day of September, A.D., 2014.
~
[)E;UTYMAYOR
~
COUNTY MANAGER
Offence
BYLAW NO. 31-14
-25-
SCHEDULE"A"
Specified Penalties
Failure to cap a service after abandonment or
termination of Water SeNices.
Failure to provide wiring for a Meter or Remote Reader
in locations that provide unobstructed access.
Failure to allow access to Property per the requirements
of this bylaw.
Making connection to County Utility SeNices without
approval.
Having, constructing, or maintaining more than one
Private SeNice to a Property without the approval of the
County Manager.
Confirmed contamination of Bulk water Station
equipment.
Failure to install and properly maintain a backflow
prevention device as required by this bylaw.
Providing Water SeNices, or similar services within the
County, without the express approval of the County
Manager.
Unauthorized use of a source of water, other than
County Water SeNices within County seNice areas,
without the written consent of the County Manager.
Unauthorized use or taking of water from a County fire
hydrant.
Obtaining, or attempting to obtain, Utility SeNices from
the Utility System through the use of a Bypass device,
or through the use of any fraudulent means.
Damaging or tampering with a water seal, a Remote
Reader, or a Meter.
Failure to notify the County of justified Bypass use.
Unauthorized vending, selling , supplying, disposing of,
giving away, or wasting water from the Utility System.
Subsequent Offences per Section 6.5, 6.6, or 6.9
Section
Specified
Number
Penalty
6.11
$750.00
7.2.2
$500.00
5.2
$500.00
3.2
$2500.00
3.3
$2,500.00
11 .7
$2500.00
10
$2500.00
4.1
$2,500.00
8
$1 ,000.00
12.2
$2,500.00
6.9
$1 ,000.00
6.6
$1 ,000.00
6.5
$1 ,000.00
6.7, 6.8
$1 ,000.00 (plus
cost of estimated
water use)
6.5, 6.6, 6.9
$1 , 000.00 per
sequential
offence (1 = 1000,
2=2000, 3=3000)