Utility Bylaw 2019-06 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 8ff8297dec91 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## Bylaw Title - 1 This Bylaw shall be known as "The Utility Bylaw". ## Definitions - 2 In this Bylaw, unless the context otherwise requires: - (a) Account" means an agreement between a Customer and the Village for th upply of Utility Services of which the terms of this Bylaw shall form a part an includes the amounts payable from time to time by the Customer to the Village; - (b) "Alberta Private Wastewater Systems Standard of Practice" means the Alberta Private Sewage Systems Standard of Practice 2015, adopted by the Private Sewage Disposal Systems Regulation, A/R 229/97, as amended or replaced from time to time; - (c) "Chief Administrative Officer" means the Chief Administrative Officer of the Village or the Chief Administrative Officer's delegate;  ## Village of Linden 2019 Utility Bylaw No. 2019-06 A BYLAW REGULATING AND PROVIDING FOR THE TERMS, CONDITIONS, RATES AND CHARGES FOR THE SUPPLY AND USE OF WATER SERVICES AND WASTEWATER SERVICES PROVIDED BY THE VILLAGE OF LINDEN WHEREAS, pursuant to section 3 of the Municipal Government Act the purposes of a municipality include providing services, facilities or other things that, in the opinion of council, are necessary or desirable for all or a part of the municipality; and WHEREAS, pursuant to section 7(a) of the Municipal Government Act a council of a municipality may pass bylaws for municipal purposes respecting the safety, health and welfare of people and the protection of people and property; and WHEREAS, pursuant to section 7(g) of the Municipal Government Act a council of a municipality may pass bylaws for municipal purposes respecting municipal public utilities; and WHEREAS, the Village of Linden provides a water supply and distribution system and a wastewater collection and disposal system; and WHEREAS, the Village of Linden has the authority to charge property owners for the municipal public utilities and services being provided; and WHERAS, pursuant to section 35(3) of the Municipal Government Act, the Council of the Village of Linden may, as a term of supplying the municipal utility service to the parcel of land make the owner responsible for the costs of the construction, maintenance and repair of the portion of the service connection from the main lines of the system or works to the boundary of the road or easement; and WHEREAS, pursuant to section 37 of the Municipal Government Act, the owner of a parcel of land is responsible for the costs of the construction, maintenance or repair of a service connection of a municipal public utility located above, on or underneath the parcel; NOW THEREFORE the Council of the Village of Linden, in the Province of Alberta, duly assembled, enacts as follows: ## PART I - TITLE AND DEFINITIONS - (d) "Council" means the municipal council of the Village; - (e) "Cross Connection" means any temporary, permanent, or potential connection of any piping, fixture, fitting, container or appliance to the Water System that may allow backflow to occur, including but not limited to: swivel or changeover devices, removable sections, jumper connections, and bypass arrangements; - (f) "Cross Connection Control Device" means a testable CSA certified device that prevents the backflow of water; - (g) "Curb Stop" means a valve connected to a Service Connection enabling the turning-on and shutting-off of the water supply to a Customer's Property; - (h) "Customer" means any Person receiving Utility Services and, where the context or circumstances so require, includes any Person who is named on an Account, or who makes or has made an application for Utility Services or otherwise seeks to receive Utility Services, and also includes any Person acting as an agent or representative of a Customer; - (1) "Dwelling" means a private residence with sleeping and cooking facilities used or intended to be use as a residence; - (i) "Engineering Design Standards" means the Village's Minimum Engineering Design Standards, or in the absence of such standards, generally accepted municipal engineering standards; - (k) "Emergency" means a condition that creates an imminent danger or a real possibility of Property damage, or personal injury, or 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; - "Facilities" means any infrastructure forming part of: - i. the Water System, including without limitation: water treatment plants, reservoirs, pumping stations, Water Mains, Water Service Lines, bulk water stations, Curb Stops, valves, fittings, fire hydrants, chambers, Meters, Cross Connection Control Devices and all other equipment and machinery of whatever kind owned by the Village that is used to produce and supply potable water to Customers; or - ii. including without limitation: Wastewater treatment plants, Wastewater lagoons, pumping stations, Wastewater Mains, Wastewater Service Lines, valves, fittings, chambers, Meters, and all other equipment and machinery of whatever kind owned by the Village that is used for the collection, transmission, treatment and disposal of Wastewater; as the context requires. - (m) "Hazardous Waste" has the same meaning as in the Environmental Protection and Enhancement Act and any regulations thereunder; - (n) "Meter" means the individual or compound water meter and all other equipment and instruments, including but not limited to, radio frequency units and remote meter reading devices supplied and used by the Village to calculate and register the amount of water consumed relative to the land and buildings that the Meter is - (0) "Multiple Dwelling" means a wholly or partially residential development containing more than one Dwelling, whether or not the development is within a single building; - (p) "Municipal Tag" means a tag or similar document issued by the Village pursuant to the Municipal Government Act that alleges a bylaw offence and provides a Person with the opportunity to pay an amount to the Village in lieu of prosecution for the offence; - (9) "Occupant" means a Person occupying a Property, including a lessee or licensee, who has actual use, possession or control of the Property;  - (r) "Owner" means: - i. in the case of land, the Person who is registered under the Land Titles Act as the owner of the fee simple estate in the parcel of land; or - ii. in the case of any property other than land, the Person in lawful possession of it; - (s) "Peace Officer" includes a Bylaw Enforcement Officer appointed by the Village, a Community Peace Officer whose appointment includes enforcement of the Village's Bylaws and a member of the Royal Canadian Mounted Police; - (t) "Person" means any individual, firm, partnership, association, corporation, trustee, executor, administrator or other legal representative to whom the context applies according to law; - (u) "Private Drainage Line" means that portion of a Service Connection that extends from the property line to an improvement or location on a Customer's Property that receives, or is to receive Wastewater Services, comprised of the Customer-owned assembly of pipes, fittings, fixtures, traps and appurtenances for the collection and transmission of Wastewater into the Wastewater System; - (v) "Private Wastewater Disposal System" means a system for the treatment and disposal of Wastewater that is not connected to the Wastewater System, including on-site Wastewater treatment systems as defined in the Alberta Private Wastewater Systems Standard of Practice; - (w) "Private Water Line" means that portion of a Service Connection that extends from the property line to an improvement or location on a Customer's Property that receives, or is to receive, Water Services, comprised of the Customer-owned assembly of pipes, fittings, fixtures, traps and appurtenances for providing water to a Customer's Property, excluding the Meter owned by the Village; - (x) "Property" means: - i. in the case of land, a parcel of land including any buildings; or - ii. in other cases, personal property; - (y) "Rates, Fees and Charges Bylaw" means the Village's Utility Rates, Fees and Fines Bylaw, as amended or replaced from time to time; - (Z) "Recreational Vehicle" means a vehicular or trailer type unit designed to provide temporary living quarters for recreational, camping, travel or seasonal use; - (aa) "Service Connection" means all of the Facilities required to achieve a physical connection between: - the Village's Water Main and the structure, improvement or location that receives Water Services, to allow a Customer to receive potable water, which includes a Water Service Line and a Private Water Line; or - the Village's Wastewater Main and the structure, improvement or location that receives Wastewater Services, to allow a Customer to discharge Wastewater, which includes a Wastewater Service Line and a Private Wastewater Line; as the context requires; - (bb) "Terms and Conditions" means the terms and conditions in respect of Water Services and Wastewater Services described in Schedules "A", "B", and "C"; - (cc) "Utility Services" means Water Services or Wastewater Services or both; - (dd) "Utility Services Guidelines" means those guidelines, procedures, protocols, requirements, specifications or standards adopted by the Chief Administrative Officer from time to time pursuant to Section 5 of this Bylaw; - (ee) "Village" means the municipal corporation of the Village of Linden and its duly authorized employees, agents, contractors and other representatives or the geographic area contained within the boundaries thereof, as the context requires;  - (ff) "Violation Ticket" has the same meaning as in the Provincial Offences Procedure Act; - (gg) "Wastewater" means the composite of water and water-carried wastes discharged from residential, commercial, industrial or institutional Properties; - (hh) "Wastewater Services" includes the collection, transmission, treatment and disposal of Wastewater, as applicable, and associated services offered to the Customer under this Bylaw; - (i) "Wastewater System" means the Facilities used by the Village for the collection, transmission, treatment and disposal of Wastewater, which is deemed to be a public utility within the meaning of the Municipal Government Act; - (i) "Wastewater Main" means those pipes installed for the collection and transmission of Wastewater within the Village to which a Service Connection may be connected; - (kk) "Wastewater Service Line" means that portion of a Service Connection owned by the Village that extends from the Wastewater Main to the property line of a Property that receives, or is to receive, Wastewater Services; - (II) "Water Conservation and Demand Management Measures" means restrictions upon the use of water for non-essential purposes, including but not limited to: irrigation, washing of vehicles, driveways or sidewalks, and any other purpose where water is utilized externally to a building and on any certain day or for a certain time period; - (mm) "Water Main" means those pipes installed for the conveyance of potable water within the Village to which Service Connections may be connected; - (nn) Water Service Line" means that portion of a Service Connection owned by the /illage that extends from the Water Main to the property line of a Property tha receives, or is to receive, Water Service; - (00) "Water Services" means the provision of potable water by the Village to a Customer's Property and associated services offered to the Customer under this Bylaw; and - (pp) "Water System" means the Facilities used by the Village to supply potable water to Customers, which is deemed to be a municipal public utility within the meaning of the Municipal Government Act. ## PART || - PROVISION OF UTILITY SERVICES ## Other Public Utilities Prohibited - 2 No Person shall provide a service within the Village that is similar in type to the Utility Services provided pursuant to this Bylaw. ## Terms and Conditions - 3 All Utility Services shall be provided in accordance with Schedules "A", "B", and "C", as applicable. ## Rates, Fees and Charges 4 - (1) The Village will provide Utility Services to Customers within the Village at the rates, fees or other charges specified in the Rates, Fees and Fines Bylaw, as may be amended by Council by bylaw from time to time. - (2) Where rates, fees or charges have not been established in the Rates, Fees and Fines Bylaw for a particular service the Chief Administrative Officer may establish charges for services provided. Without limiting the generality of the foregoing, the Chief Administrative Officer may establish charges for the following: 3. (a) Meter accuracy tests; 4. (b) Meter resizing; - (c) Repair or replacement of damaged Village Facilities where the Facilities are under the Customer's care or have been operated or interfered with by the Customer; - (d) Missed appointment; - (e) Fire hydrant permits; - (t) Construction water; - (g) After hour service callout; - (h) Frozen/damaged Meter. - (3) Subject to subsection (4), additional services provided by the Village to a Customer will be billed to the Customer in accordance with an agreement between the Customer and the Village - (4) Additional costs arising from: - (a) requirements or requests for specific non-routine services not more particularly described in this section or the acts or omissions of any particular Customer or defined group of Customers, or - (b) repairs or remedies of any loss or damage to Facilities or other property that is caused by a Customer or any other party for whom a Customer is responsible in law, including, without limitation, any costs or damages described in any judgment of a court in the Village's favour may, at the Chief Administrative Officer's sole option. and in addition to any other legally available remedies, be added to a Customer's Account as an additional amount due and payable by the Customer to the Village. ## Utility Services Guidelines 5 - (1) Subject to (2), the Chief Administrative Officer may adopt, amend, repeal and replace Utility Services Guidelines from time to time as the Chief Administrative Officer deems advisable. - (2) Utility Services Guidelines must not be inconsistent with this Bylaw and, in the event of an inconsistency, this Bylaw shall prevail. - (3) Without limiting the generality of subsection (1), Utility Service Guidelines may deal with any or all of the following subject matters: 4. (a) procedures or requirements that a Customer must comply with before a Service Connection is installed or activated, or before Utility Services are provided, or as a condition of ongoing provision of Utility Services; 5. (b) Customer Accounts, including, without limitation, provisions or requirements concerning: opening an Account, making payments on an Account, consequences for failure to pay Accounts in full, lost bills, dishonoured cheques, collection of delinquent Accounts, adjusting improperly billed Accounts, application fees, handling of confidential Customer Account information, closing an Account, and any other matter relating to Customer Accounts; 6. (c) measurement of water consumption, including without limitation provision or requirements concerning: meter inspection and testing, meter settings, chambers and installations, meter reading, disputes concerning meter data, estimates of consumption, remote meter reading devices, relocation of meters, access for meter readers, and adjustments to bills when meters have malfunctioned; 7. (d) procedures or requirements concerning investigating Customer complaints and concerns; 8. (e) procedures or requirements for provision of temporary Water Services, including without limitation Water Services provided during the construction phase of a development; 9. (f) procedures or requirements that a Customer must comply with in order to access a bulk water station;  - (g) procedures or requirements for upgrading, re-sizing, relocating or otherwise changing a Service Connection, whether at the instigation of the Village or at the request of a Customer; - the turn-on and turn-off of Water Services, whether at the instigation of the Village or at the request of a Customer; and - (i) supply of water for firefighting purposes, including without limitation procedures or requirements concerning the maintenance of public and private fire hydrants and permissible use of water from fire hydrants. ## Notices - 6 In any case in which written notice is required to be provided to a Customer pursuant to this Bylaw, the Chief Administrative Officer may serve notice: - (a) personally; - (b) by e-mail if the Customer has consented to receive documents from the Village by e-mail and has provided an e-mail address to the Village for that purpose; - by mailing or delivering a copy of the notice to the last known address of the Customer as disclosed in the Village's assessment roll for the Property; or - (d) if the Customer does not answer the door, by placing the written notice on the door of the Property. ## Authority of the Chief Administrative Officer - 7 Without restricting any other power, duty or function granted by this Bylaw, the Chief Administrative Officer is authorized to, in accordance with this Bylaw and all other applicable laws: - (a) take any steps and carry out any actions required to give effect to, and enforce, the provisions of this Bylaw; - (b) establish forms for the purpose of this Bylaw; and - (c) delegate any powers, duties or functions under this Bylaw to an employee of the Municipality. ## PART III - ENFORCEMENT ## Offence - 8 A Person who contravenes any provision of this Bylaw is guilty of an offence. ## Continuing Offence - 9 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 guilty of such an offence is liable to a fine in an amount not less than that established by this Bylaw for each such day. ## Vicarious Liability - 10 For the purposes of this Bylaw, an act or omission by an employee or agent of a Person is deemed also to be an act or omission of the Person if the act or omission occurred in the course of the employee's employment with the Person, or in the course of the agent's exercising the powers or performing the duties on behalf of the Person under their agency relationship. ## Corporations and Partnerships 11 - (1) When a corporation commits an offence under this Bylaw, every principal, director, manager, employee or agent of the corporation who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence whether or not the corporation has been prosecuted for the offence. - (2) If a partner in a partnership is guilty of an offence under this Bylaw, each partner in that partnership who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence. ## Fines and Penalties 12 - (1) A Person who is guilty of an offence is liable to a fine in an amount not less than $100.00 and not exceeding $10,000.00 - (2) Without restricting the generality of subsection (1) the fine amounts established for use on Municipal Tags and Violation Tickets, if a voluntary payment option is offered, are as set out in Schedule "D". ## Municipal Tag 13 - (1) A Peace Officer is hereby authorized and empowered to issue a Municipal Tag to any Person who the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. - (2) A Municipal Tag may be issued to such Person: 3. (a) either personally; or 4. (b) by mailing a copy to such Person at his last known post office address. - (3) The Municipal Tag shall be in a form approved by the Chief Administrative Officer and shall state: 6. (a) the name of the Person; 7. (b) the offence; 8. (c) the specified penalty established by this Bylaw for the offence; 9. (d) that the penalty shall be paid within thirty (30) days of the issuance of the Municipal Tag; and 10. (e) any other information as may be required by the Chief Administrative Officer. ## Payment in Lieu of Prosecution - 14 Where a Municipal Tag is issued pursuant to this Bylaw, the Person to whom the Municipal Tag is issued may, in lieu of being prosecuted for the offence, pay to the Village the penalty specified within the time period indicated on the Municipal Tag ## Violation Ticket 15 - (1) If a Municipal Tag has been issued and if the specified penalty has not been paid within the prescribed time, then a Peace Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to the Provincial Offences Procedure Act. - (2) Notwithstanding subsection (1), a Peace Officer is hereby authorized and empowered to immediately issue a Violation Ticket pursuant to the Provincial Offences Procedure Act to any Person who the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. - (3) Subject to the Provincial Offences Procedure Act and the regulations thereunder, if a Violation Ticket is issued in respect of an offence, the Violation Ticket may; 4. (a) specify the fine amount established by this Bylaw for the offence; or 5. (b) require a Person to appear in court without the alternative of making a voluntary payment.  ## Voluntary Payment - 16 A Person who commits an offence may: - (a) if a Violation Ticket is issued in respect of the offence; and - (b) if the Violation Ticket specifies the fine amount established by this Bylaw for the offence; make a voluntary payment by submitting to a Clerk of the Provincial Court, on or before the initial appearance date indicated on the Violation Ticket, the specified penalty set out on the Violation Ticket. ## Obstruction - 17 No Person shall obstruct, hinder or impede any authorized representative of the Village in the exercise of any of their powers or duties pursuant to this Bylaw. ## PART IV -GENERAL ## Schedules - 18 The following schedules are included in, and form part of, this Bylaw: - (a) Schedule "A" - General Terms and Conditions of Utility Services; - (b) Schedule "B" - Terms and Conditions of Water Services; - (c) Schedule "C" - Terms and Conditions of Wastewater Services; and - (d) Schedule "D" - Specified Penalties. ## Severability - 19 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. ## Repeal - 20 This Bylaw repeals Bylaw No. 2015-01, as amended and Bylaw 2019-07. ## Enactment This Bylaw shall come into effect on the date of final passing thereof. READ a first time this 8th day of June 2020. READ a second time this 22 day of June, 2020. READ a third time and finally passed this 22 day of June, 2020.  MAYOR Princentr C.A.O. ## SCHEDULE "A" GENERAL TERMS AND CONDITIONS OF UTILITY SERVICES ## PART I - GENERAL WATER AND WASTEWATER PROVISIONS ## Duty to Supply 1 - (1) The Village having constructed, operated and maintained a Water System as a public utility shall continue, insofar as there is sufficient capacity and supply, to supply Water Services, upon such terms as Council considers advisable, to any Customer within the Village situated along a Water Main. - (2) The Village having constructed, operated and maintained a Wastewater System as a public utility shall continue, insofar as there is sufficient capacity and supply, to supply Wastewater Services, upon such terms as Council considers advisable, to any Customer within the Village situated along a Wastewater Main. - (3) All Utility Services provided by the Village shall be provided in accordance with these Terms and Conditions, and these Terms and Conditions shall apply to and be binding upon all Customers receiving Utility Services from the Village. ## No Guarantee of Continuous Supply 2 - (1) The Village does not guarantee or warrant the continuous supply of potable water and the Village reserves the right to change the operating pressure, restrict the availability of Water Services or to disconnect or shut-off Water Services, in whole or in part, with or without notice, in accordance with this Bylaw. - (2) Customers depending upon a continuous and uninterrupted supply or pressure of water assumes no responsibility for same. - (3) The Village does not guarantee or warrant the continuous capacity to collect, store and transmit Wastewater and the Village reserves the right to restrict the availability of Wastewater Services or to disconnect or shut-off Wastewater Services, in whole or in part, - (4) The Village shall not be liable for damages, including losses caused by a break within the Village's Water System or Wastewater System or caused by the interference or cessation of water supply including those necessary or advisable regarding the repair or proper maintenance of the Village's Water System or Wastewater System, or generally for any accident due to the operation of the Village's Water System or Wastewater System or for the disconnection of a Service Connection or shut-off of a Utility Service, nor by reason of the water containing sediments, deposits, or other foreign matter. ## PART II - SERVICE CONNECTIONS ## Application for Service Connection 3 - (1) A Customer requesting Utility Services involving a new Service Connection shall apply to the Chief Administrative Officer by submitting an application in a form acceptable to the Chief Administrative Officer, paying all associated fees and supplying information Connection will be utilized, and any other information that may be reasonably required by the Chief Administrative Officer. - (2) Upon receipt of all required application documents, information and fees, verification of the Customer's identity and the accuracy of the information, the Chief Administrative Officer will advise the Customer whether and on what terms the Village is prepared to supply Utility Services to the Customer, the type and character of the Service Connection(s) it is prepared to approve for the Customer, and any conditions, including   without limitation, payments by the Customer, that must be satisfied as a condition of installation of a Service Connection(s) and supply of Utility Services. ## Easements and Rights-of-Way - 4 At the request of the Chief Administrative Officer, the Customer shall grant or cause to be granted to the Village, without cost to the Village, such easements or rights-of-way over, upon or under Property owned or controlled by the Customer as the Village may reasonably require for the construction, installation, maintenance, repair, and operation of the Water System or Wastewater System. ## Design and Engineering Requirements for Service Connections - 5 Detailed requirements for engineering and construction of Service Connections are set out in the Engineering Design Standards, or as may be otherwise directed by the Chief Administrative Officer. It is the Customer's responsibility to supply, at the Customer's cost, any plans and engineering reports pertaining to the Service Connection that the Village may reasonably require, signed and sealed by a professional engineer. ## Construction of Service Connections 6 - (1) The Village shall provide and install all Facilities up to the property line, subject to the terms of this Bylaw, including, without limitation, payments by the Customer as described in subsection (4). - (2) The Customer shall be responsible for, and shall bear all costs associated with, the installation and condition of the Private Water Line or Private Drainage Line and all other piping and equipment or other facilities of any kind whatsoever on the Customer's side of the property line and: 3. (a) shall ensure that the Customer's proposed Private Water Line or Private Drainage Line receives approval from the Village prior to construction; 4. (b) shall ensure that all work undertaken on behalf of the Customer is performed by qualified workers holding appropriate certifications, in accordance with this Bylaw and applicable requirements set out in the Engineering Design Standards and the Utility Services Guidelines; and 5. (C) shall not backfill the excavation until such time as the Village has inspected and approved of the work. - (3) If an excavation is backfilled in contravention of subsection (2)(c), the Chief Administrative Officer may, in addition to any other rights and remedies that may be available to the Village, require the Customer in question to dig out and expose the said work at the Customer's cost. - (4) The Customer shall be responsible for the costs incurred by the Village for constructing the Wastewater Service Line. ## Repair and Maintenance of Service Connections 7 - (1) With respect to Water Services, the Customer is responsible for the repair, maintenance and replacement of the Private Water Line located on the Customer's Property and the Village is responsible for the repair, maintenance and replacement of the Water Service Line. - (2) With respect to Wastewater Services, the Customer is responsible for the repair, maintenance and replacement of Private Drainage Line located on the Customer's Property and, as a term of supplying Wastewater Services to the Property, the Customer shall also pay the costs incurred by the Village for the repair, maintenance and replace of the Wastewater Service Line. - (3) The Chief Administrative Officer may require a Customer to perform work described in this section if the Chief Administrative Officer, in his or her discretion, considers such work to  be necessary or desirable for the protection or proper operation of the Water System or the Wastewater System or both, as applicable. - (4) Where the Chief Administrative Officer requires a Customer to perform work pursuant to subsection (3), the Chief Administrative Officer shall establish a deadline by which the work in question must be completed by the Customer. - (5) If a Customer fails to complete, by the deadline established under subsection (4), all work required by the Chief Administrative Officer, to the satisfaction of the Chief Administrative Officer, the Village may, at its option, and in addition to any other remedy available, enter onto the Customer's Property and perform the said work. - (6) The Customer shall pay all costs incurred by the Village in performing work pursuant to subsection (5). ## Customer Responsibility for Service Connection 8 - (1) The Customer assumes full responsibility for the proper use of any Service Connection and any Utility Services provided by the Village and for the condition, suitability and safety of any and all devices or equipment necessary for receiving Utility Services that are located on the Customer's Property. - (2) The Customer shall be responsible for determining whether the Customer requires any devices to protect the Customer's Property from damage that may result from the use of a Service Connection or Utility Services, or to protect the safety or reliability of the Water System or Wastewater System. The Customer shall provide and install any such devices at the Customer's sole expense. ## Compliance with Requirements and Use of Service Connection 9 - (1) A Customer shall ensure that the Customer's facilities comply with the requirements of this Bylaw, all applicable statutes, codes, standards and regulations and with the Village's specifications. - (2) A Customer shall not use a Service Connection or any Utility Service received in a manner so as to interfere with any other Customer's use of a Service Connection, or Utility Services. - (3) A Customer who has breached subsection (2) shall, at the Chief Administrative Officer's request, take whatever action is required to correct such interference or disturbance at the Customer's expense. ## Abandonment of Service Connection - 10 Whenever a Customer wishes to abandon a Service Connection, the Customer shall first obtain approval from the Chief Administrative Officer for the method and location of abandonment and the Customer shall assume responsibility for all costs associated with the same. ## Ownership of Facilities 11 - (1) The Village retains ownership of all Facilities necessary to provide Utility Services to a Customer, up to the property line, unless a written agreement between the Village and a Customer specifically provides otherwise. - (2) Payment made by a Customer for costs incurred by the Village for supplying and installing Facilities does not entitle the Customer to ownership of any such Facilities, unless a written agreement between the Village and the Customer specifically provides otherwise. ## Access to Facilities - (1) No Person shall obstruct or impede the Village's free and direct access to any Facilities. - (2) A Customer shall be responsible for managing vegetation on the Property owned or controlled by the Customer to maintain adequate clearances and reduce the risk of contact with the Village's Facilities.  - (3) A Customer shall not install or allow to be installed on Property owned or controlled by the Customer any temporary or permanent structures that could interfere with the proper and safe operation of the Village's Facilities or result in non-compliance with applicable statutes, regulations, standards or codes. - (4) Where a Customer contravenes any provision of this section and fails to remedy such contravention within ten (10) days after receiving from the Chief Administrative Officer a notice in writing to do so, then in addition to any other legal remedy available the Chief Administrative Officer may take any steps necessary to remedy the contravention and may charge any costs of doing so to the Customer's Account. ## Interference with or Damage to Facilities - 13 No Person shall interfere with or alter any Facilities or permit the same to be done by any Person other than an authorized agent of the Village. ## Protection of Facilities on Customer's Property - 14 The Customer shall furnish and maintain, at no cost to the Village, the necessary space and protective barriers to safeguard Facilities installed or to be installed upon the Customer's Property. If the Customer refuses, the Chief Administrative Officer may, at his or her option, furnish and maintain, and charge the Customer for furnishing and maintaining, the necessary protection. Such space and protective barriers shall be in conformity with applicable laws and regulations and subject to the Chief Administrative Officer's specifications and approval. ## Customer to Pay Relocation Costs - 15 The Customer shall pay all costs of relocating the Village's Facilities at the Customer's request, if such relocation is for the Customer's convenience, or if necessary to remedy any violation of law or regulation caused by the Customer. If requested by the Village, the Customer shall pay the estimated cost of the relocation in advance. ## Prohibited Extension of Customer Owned Facilities - 16 A Customer shall not extend or permit the extension of a Private Water Line, Private Wastewater Line or any other Customer-owned piping, equipment or other assets that are connected directly or indirectly to the Water System or Wastewater System, beyond the Property in respect of which they are used to supply Utility Services through a Service Connection. ## PART III - UTILITY ACCOUNTS ## Requirement for Account 17 - (1) The Owner of a Property shall apply for an Account with the Village, in a form acceptable to the Village, and pay all applicable fees as a condition of obtaining Utility Services, regardless of whether the provision of services requires installation of a new Service Connection(s) or construction of any new Facilities. - (2) In the case of a Multiple Dwelling, the Chief Administrative Officer may require that a separate Account be opened in respect of each Dwelling, as applicable, within the Multiple Dwelling, regardless of the number of Service Connections associated with the Multiple Dwelling. - (3) Except as provided under this Bylaw, the Village shall not grant Utility Services to, or open an Account in the name of, an Occupant that is not the Owner of the Property. - (4) Notwithstanding subsection (3) above, an Owner may request to have bills mailed to an Occupant that is not the owner of the Property under the Owner's name; however, the Owner of a Property where Utility Services are received shall be responsible for all services delivered or consumed and all fees, rates and charges levied for services delivered or consumed. - (5) If, notwithstanding subsection (3), Utility Services are currently being provided to an Occupant that is not the Owner of the Property, the Owner of the Property shall forthwith inform the Village of this and apply for an Account with the Village, failing which the Village may deem an application to have been received from the Owner of the Property and open an Account in the Owner's name.  - (6) Upon the change of ownership of a Property supplied with Utility Services, the new Owner shall apply for an Account with the Village, failing which the Village may deem an application to have been received from the new Owner of the Property and open an Account in the new Owner's name. ## Security Deposits ## 18 - (1) The Chief Administrative Officer may, in his or her sole discretion, at the time of a Customer's application for Utility Services or at any time thereafter require the Customer to post a security deposit or increase an existing security deposit. - (2) The Chief Administrative Officer may, in his or her sole discretion, determine that a Customer is not required to post a security deposit or is no longer required to maintain an existing security deposit. - (3) A deposit made by a Customer shall be returned to the Customer when a Customer's Utility Services are terminated the Customer's Account is closed. Where a Customer's Utility Services are terminated and the Customer's Account is closed for nonpayment, prior to any refund, the security deposit will be applied to the balance owing by the Customer to the Village. - (4) The Village is not obliged to pay interest on any security deposit held by the Village to a Customer. ## Obligation to Pay ## 19 - (1) The Chief Administrative Officer may add to a Customer's Account the charges for all Utility Services provided by the Village to the Customer, and the Customer is obligated to pay in full all such charges without reduction or set-off for any reason whatsoever, on or before the due date for the charges. - (2) For greater certainty, non-receipt of a bill or invoice does not relieve a Customer from the obligation to pay for Utility Services provided. - (3) No reduction in charges for Utility Services will be made for water supplied to or made available for use by any Customer because of any interruption due to any cause whatsoever of the water supply. - (4) Billing shall be in accordance with the following: 5. (a) The amount of the billing shall be based upon the rates, fees and charges set out in the Rates, Fees and Charges Bylaw or elsewhere in this Bylaw; 6. (b) Subject to any provisions to the contrary in the Rates, Fees and Charges Bylaw, Customers shall be billed every two months, or at such frequency as may be determined by the Chief Administrative Officer, in his or her discretion; 7. (C) For rates, fees and charges that are based on water consumption, the water consumption through Service Connections shall be determined by the applicable Meter reading, obtained at such frequency as may be determined by the Chief Administrative Officer in his or her discretion, with a consumption estimate to be utilized in months for which no Meter reading is scheduled to occur; 8. (d) Where a Meter reading is not obtainable a water consumption estimate may, at the Chief Administrative Officer's discretion, be used. - (5) Where, pursuant to any provision of this Bylaw, a Service Connection that provides a Utility Service to a Customer has been disconnected, or a Utility Service has otherwise been shut-off or discontinued, the Customer shall continue, for the duration of the disconnection, shut-off or discontinuance of service, to be obligated to pay all applicable nonconsumption related rates, fees and charges set out in this Bylaw, including, without restriction, all applicable flat rate or fixed rate charges for Water Services and Wastewater Services. - (6) Payment on Accounts may be made to the Village at such locations designated, and under any payment methods approved, by the Chief Administrative Officer from time to time.  ## Past Due Accounts ## 20 - (1) A late payment charge shall be applied to all charges on a Customer's Account if the Customer's payment has not been received by the Village by the due date. The Customer may also be charged a dishonoured cheque charge for each cheque returned for insufficient funds. - (2) Any charge on a Customer's Account remaining unpaid after the due date will be in arrears and constitute a debt owing to the Village and is recoverable by any or all of the following methods, namely: 3. (a) by action, in any Court of competent jurisdiction; 4. (b) by disconnecting the Service Connection to the Customer or shutting-off a Utility Service, and imposing a re-connection fee prior to re-establishing Utility Services; 5. (c) by the Chief Administrative Officer adding the outstanding Account balance to the tax roll of an Owner of a Property in accordance with the Municipal Government ## Shut-off without Notice - 21 If the Chief Administrative Officer believes there is any actual or threatened danger to life or Property, or in any other circumstances the nature of which, in the Chief Administrative Officer's sole judgment, requires such action, the Chief Administrative Officer has the right to withhold connection, disconnect a Service Connection or shut-off a Utility Service without prior notice to the Customer. ## Shut-off with Notice - 22 The Chief Administrative Officer may withhold connection, disconnect a Customer's Service Connection or shut-off a Utility Service, without prejudice to any of the Village's other remedies, after providing forty-eight (48) hours advance notice to the Customer, as applicable, in the following circumstances: - (a) if the Customer neglects or refuses to pay when due any amounts required to be paid under this Bylaw, which amount is not the subject of a good faith dispute; - (b) as required by law; - (c) if the Customer is in violation of any provision of this Bylaw or any agreement between the Customer and the Village for the provision of Utility Services; or - (a) any other similar circumstances to those described above that the Chief Administrative Officer determines, in his or her sole discretion, acting reasonably, require the withholding, disconnecting or shut-off of service upon forty-eight (48) hours' notice.  ## Customer Requested Shut-off ## 23 - (1) A Customer who is the Owner of a Property that receives Utility Services through a Service Connection may request, in writing, that the Village temporarily shut-off a Utility Service provided to the Property. - (2) A Customer who requests shut-off of a Utility Service under subsection (1) must pay all applicable fees or charges provided for in this Bylaw. - (3) Upon receipt of a valid request under subsection (1), and all applicable fees and charges under subsection (2), the Chief Administrative Officer may shut-off the Utility Service in question. ## Reconnection of Service - 24 Before the Village reconnects or restores Utility Services, the Customer shall pay: - (a) any amount owing to the Village for the provision of Utility Services; - (b) the applicable reconnection charges; and - (c) any applicable security deposit. ## The Village's Right of Entry - (1) As a condition of receipt of Utility Services and as operational needs dictate, authorized representatives of the Village shall have the right to enter a Customer's Property at all reasonable times, or at any time during an Emergency, for the purpose of: 2. (a) installing, inspecting, maintaining, replacing, testing, monitoring, reading or removing any facilities associated with the Water System or Wastewater System; 3. (b) investigating or responding to a Customer complaint or inquiry; 4. (C) conducting an unannounced inspection where the Chief Administrative Officer has reasonable grounds to believe that unauthorized use of water or interference with Facilities, including but not limited to a Meter, has occurred or is occurring; and - d) for any other purpose incidental to the provision of Utility Services. - (2) The Chief Administrative Officer will make reasonable efforts to notify the Customer in advance of entering a Customer's property or to notify any other Person who is at the Customer's property and appears to have authority to permit entry, except: 7. (a) in cases of an Emergency; 8. (b) where entry is permitted by order of a court or other authority having jurisdiction; 9. (c) where otherwise legally empowered to enter; 10. (a) where the purpose of the entry is in accordance with subsection (1)(c) above. - (3) The Customer shall pay a no access fee sufficient to cover the Village's reasonable outof-pocket and administrative costs, if the Village's lawful entry to a Customer's Property is prevented or hindered, whether by a Customer not keeping a scheduled appointment or for any other cause. ## Removal of Village Facilities - 26 Where any Customer discontinues Utility Services furnished by the Village, or the Village lawfully refuses to continue any longer to supply it, any authorized representative of the Village may at all reasonable times enter the Customer's Property to remove any Facilities in or upon such Property. ## False Information - 27 No Person shall supply false information or make inaccurate or untrue statements in a document or information required to be supplied to the Village pursuant to this Bylaw.  ## SCHEDULE "B" ## TERMS AND CONDITIONS OF WATER SERVICES ## PART I - GENERAL WATER SERVICES PROVISIONS ## Water Conservation and Demand Management Measures - (1) The Chief Administrative Officer may, at such times and for such lengths of time as is considered necessary or advisable, implement Water Conservation and Demand Management Measures to restrict water usage in any or all parts of the Village. - (2) All water restrictions shall be duly advertised by posting on the Village's website or by use of local media, printed or otherwise, prior to taking effect. - (3) No Person shall contravene the terms or conditions of any Water Conservation and Demand Management Measures, without first obtaining the Chief Administrative Officer's authorization. ## Requirement to Connect to Water System 2 - (1) Subject to subsection (3), all new development, including redevelopment, on Property adjacent to a Water Main must connect to the Water System prior to occupancy. - (2) The Chief Administrative Officer may, in his or her discretion, exempt a given developed Property, new development or redevelopment from the connection requirement established by subsection (1) or (2), as applicable. - (3) Where an exemption has been granted under subsection (3), the Chief Administrative Officer may, at any time after the granting of the exemption, require that the developed Property, new development or redevelopment in question be connected to the Water System within an alternate timeframe prescribed by the Chief Administrative Officer. - (4) If an Owner fails to take all required steps to connect the Owner's Property to the Water System when required, by this section, to do so, the Village may enter onto the Property in question and, at the Owner's sole expense, take any and all steps that the Village considers necessary to connect that Property to the Water System, including, without restriction, constructing a Private Water Line and related facilities on the Property. ## Alternate Water Supply 3 - (1) Subject to subsection (2), once a Property is connected to the Water System, 2. (a) no Person shall allow water to be supplied to that Property by way of a well, spring or other source of water supply that is not connected to the Water System; and 3. (b) any existing well, spring or other source of water supply not connected to the Water System, that is located on that Property, shall be decommissioned by the Owner, at the Owner's expense, in accordance with all applicable laws and regulations. - (2) The Chief Administrative Officer may allow a Person to maintain an alternate source of water supply subject to such terms and conditions as the Chief Administrative Officer deems necessary, which may include, without limiting the generality of the foregoing, restrictions on the period of time for which an alternate source of water supply may be used and the purposes for which it may be used. - (3) No Person who has been granted permission by the Chief Administrative Officer to maintain an alternate water supply under this section shall allow the alternate source of water to be connected, directly or indirectly, to the Water System. ## Resale and Supply of Water - 4 No Person shall, unless authorized by the Chief Administrative Officer in writing: - (a) resell water obtained from the Water System to any other Person;   - (b) supply water obtained from the Water System to any Person who intends to sell the water; or - (c) supply water from the Water System to any Property that could be supplied with water through its own Service Connection. ## Unauthorized Use of Water 5 - (1) No Person shall use water from the Water System, or allow water obtained from the Water System to be used: 2. (a) in a manner that will impede water use by other Customers; 3. (b) in a manner that is wasteful; 4. (c) unless an Account has been opened by the Customer; 5. (d) unless the water has first passed through a Meter, except in a case where, pursuant to this Bylaw, unmetered supply of water is specifically authorized; or 6. in any other unauthorized manner. (e) - (2) If the Chief Administrative Officer finds an unauthorized use of water including, without restriction, as a result of any tampering with a Meter or other Facilities, the Chief Administrative Officer may make such changes in the Village's Meters, appliances, or other Facilities or take such other corrective action as may be appropriate to ensure only the authorized use of the Facilities, and also to ensure the safety of the general public. - (3) Upon finding an unauthorized use of water, the Chief Administrative Officer may immediately disconnect the Service Connection or shut-off the water supply, without notice, and shall charge the Person all costs incurred in correcting the condition, in addition to any other rights and remedies that may be available to the Village. - (4) A Person that uses water in contravention of this section shall pay the following charges: 10. (a) the applicable rate for the water used and, where necessary, based on an estimate by the Chief Administrative Officer of the amount of water used in contravention of this section; 11. (b) all costs incurred by the Village in dealing with the contravention; and 12. (c) any other applicable fees or charges provided for in this Bylaw. ## Authorizations and Approvals for Private Water Line 6 - (1) The Customer shall be responsible for obtaining all permits, certificates, licenses, inspections, reports, and other authorizations necessary for the installation and operation of the Private Water Line. - (2) The Village shall not be required to commence Water Services to a Property unless and until the Customer has complied with the requirements of all governmental authorities, permits, certificates, licenses, inspections, reports and other authorizations, all right-ofway agreements, and all of the Village's requirements applicable to the installation and operation of the Private Water Line. The Village reserves the right, but is not obligated, to verify that all necessary authorizations have been obtained by the Customer. ## Temporary Water Services - 7 The Village may provide temporary Water Services wherever practicable to a Customer for purposes of facilitating construction of a new development. The Customer will pay a rate, charge or fee for such Water Services as specified in this Bylaw. A Customer who is receiving temporary Water Services for the construction phase of a development ceases to be entitled to take temporary Water Services at the construction rate and is required to apply for permanent metered Water Services when - (a) a Village final inspection is issued for the development; or - (b) the development is being used for its intended purpose;  ## Bulk Water 8 - (1) The Village may, at its discretion, make water available for sale at Village bulk water stations. - (2) The Village is not obligated to supply water at its bulk water stations and the supply of water may be interrupted for any reason. ## PART II - WATER METERS ## Provision and Ownership of Meters 9 - (1) All water supplied by the Village through each Service Connection shall be measured by one Meter unless the Chief Administrative Officer, in his or her sole discretion, has specified otherwise. A separate Curb Stop must be installed for each Meter. 2. Customer has paid the Village's costs of supply and installation, unless the Chief Administrative Officer and the Customer have expressly agreed in writing otherwise. - (3) In the case of new construction on Property adjacent to a Water Main, a Customer's Property may only be occupied after the Meter is installed and an Account opened. ## Responsibilities of Customer - (1) Each Customer shall ensure that a location on the Customer's Property for Meter installation is provided, and that access to the Meter is provided for the purpose of reading or servicing the Meter, in accordance with all applicable Water Service Guidelines. - (2) Each Customer shall provide adequate protection for the Meter supplied by the Village against freezing, heat or any internal or external damage. - (3) When a Meter is damaged due to frost, heat or any other condition or means against which the Customer neglected to provide adequate protection, the cost of removal and repair or replacement of the Meter shall be borne by the Customer. ## General Meter Restrictions 11 - (1) No Person, other than an authorized agent of the Village, shall install, test, remove, repair, replace, or disconnect a Meter. - (2) No Person shall break, tamper, or interfere with any Meter including, without restriction, any seal attached thereto. - (3) If a Meter is lost, damaged or destroyed, the Customer shall pay for the entire cost of the Meter removal, repair and reinstallation or for the cost of replacing the Meter. - (4) No Person shall obstruct or impede direct and convenient access to Meters for the purpose of inspection, removal, repair, replacement or reading. ## Access to Meters - 12 The Chief Administrative Officer may, at any reasonable time, read, inspect, remove, repair, replace or test a Meter installed on Property owned or controlled by the Customer. ## Meter Readings - 13 Where 3 consecutive estimated Meter readings have been used for billing purposes due to the Meter not being read by an authorized representative of the Village as a result of the Customer failing to provide or allow the Village access to the Meter during a billing period:   - (a) a notice may be left at the Customer's address requesting the Customer to contact the Chief Administrative Officer within two (2) working days, advising of the date and time that the Chief Administrative Officer will be able to have access to the Meter for the purpose of obtaining an actual Meter reading; or - (b) in the case where the Customer does not contact the Chief Administrative Officer within two (2) working days, the Village may disconnect the Service Connection or shut-off Utility Services, without any further notice, until such time as an actual Meter reading can be obtained. ## Meter Testing 14 - (1) At the request of a Customer, the Chief Administrative Officer shall arrange for on-site Meter verification and, if necessary, shall arrange for a Meter to be tested by a person qualified to perform such work. If, upon verification or testing or both, the Meter is found to be recording accurately, which for this purpose is defined as recording between 98.5% and 101.5% of actual consumption, then the Customer shall pay all applicable fees and charges for this service. - (2) If the Meter is found to be recording inaccurately, as defined above: 3. (a) the Chief Administrative Officer will repair or replace the Meter and the cost, along with the costs of verification and testing, shall be borne by the Village; and 4. (b) subject to subsection (3), the Account based on the readings of that Meter during the period of 3 months immediately preceding the date of the test or calibration shall be corrected to reflect the error in the Meter and the Customer shall pay, or shall be refunded, as the case may be, the amount so determined, which payment or refund shall be accepted by both the Village and the Customer in full settlement of any claim that may arise out of the error in the Meter. - (3) The Chief Administrative Officer may at any time inspect or test any Meter, on its own initiative, regardless of whether the Customer has requested inspection or testing. In such case no fees or charges are payable by the Customer. ## Circumvention of Meter 15 - (1) If under any circumstances, a Person other than an authorized agent of the Village prevents a Meter from accurately recording the total volume of water supplied, the Village may disconnect the Service Connection, shut-off Utility Services or take other appropriate actions to ensure access to accurate Meter data or both. - (2) The Chief Administrative Officer may then estimate the demand and amount of water supplied but not recorded by the Meter at the Service Connection. The Customer shall pay the cost of the estimated water consumption plus all costs related to the investigation and resolution of the matter. ## PART III - FIRE PROTECTION ## Use of Water from Fire Hydrants - (1) Unless authorized by the Chief Administrative Officer, no Person shall operate or interfere with a fire hydrant, whether owned by the Village or privately owned, except as necessary for firefighting purposes. - (2) A Customer requesting authorization to use water from a fire hydrant shall apply to the Chief Administrative Officer by paying all associated fees and supplying information regarding the location of the fire hydrant to be accessed, the manner in which it will be used, and any other information that may be reasonably required by the Chief Administrative Officer. - (3) The Chief Administrative Officer will advise the Customer whether and on what terms the Village is prepared to authorize use of a fire hydrant and any conditions, including without limitation payments by the Customer, that must be satisfied as a condition of using the fire hydrant.  ## Interference with Fire Hydrants 17 - (1) No Person shall do anything to obstruct access to, or interfere with the operation of, a fire hydrant. - (2) Each Customer who owns Property on which a fire hydrant is located or Property that is adjacent to Property on which a fire hydrant is located shall maintain a clearance of at least 3 feet around a fire hydrant and shall not permit anything to be constructed, erected, placed or planted within that minimum clearance. ## Private Fire Hydrants 18 - (1) A Customer who wishes to install a private fire hydrant on the Customer's Property may, upon obtaining approval for the installation from the Chief Administrative Officer, do so at the Customer's sole expense. - (2) A Customer shall ensure that every private fire hydrant located on the Customer's Property maintains an adequate volume, pressure and flow rate of water required for firefighting purposes. - (3) The Chief Administrative Officer may, at any reasonable time, inspect and test a private fire hydrant. ## PART IV - CROSS CONNECTIONS ## Cross Connections - (1) No Person shall install, or allow to exist, any Cross Connection that could cause or allow drinking water in any part of the Water System to become contaminated or polluted in any way. - (2) Where the Chief Administrative Officer determines that there exists a Cross Connection prohibited by this section, the Chief Administrative Officer shall give notice to the Customer to correct the Cross Connection at the expense of the Customer within the time specified in the notice and may, in addition to any other legal remedy, immediately disconnect the Service Connection or shut-off the water supply for such time as the prohibited Cross Connection continues ## Cross Connection Control Devices - (1) The Chief Administrative Officer may, in his or her discretion, require any Customer to install, at the Customer's expense, one or more Cross Connection Control Devices on Private Water Lines servicing the Customer's Property, in locations approved by the Chief Administrative Officer. - (2) A Customer is responsible, at the Customer's expense, for ensuring that Cross Connection Control Devices located on the Customer's Property are installed, and regularly inspected, repaired and maintained, by a Person certified and qualified to install, inspect, repair and maintain Cross Connection Control Devices.  ## Operation of Curb Stops - (1) No Person, other than an authorized representative of the Village, shall operate a Curb Stop on any Property. - (2) No Person shall interfere with, damage or obstruct access to any Curb Stop. ## Boilers - 22 Where a boiler is supplied with water from the Water System, the Customer shall ensure that a safety valve or other appropriate device is installed to prevent danger from collapse or explosion if water supply to the Customer is disconnected or otherwise discontinued. ## PART V - OTHER FACILITIES  ## SCHEDULE "C" ## TERMS AND CONDITIONS OF WASTEWATER SERVICES ## Unauthorized Use of Wastewater System 1 - (1) No Person shall use the Wastewater System, or allow the Wastewater System to be used: 2. (a) in a manner that will impede the Wastewater System's use by other Customers; 3. (b) unless an Account has been opened by the Customer; or 4. (c) in any other unauthorized manner. - (2) If the Chief Administrative Officer finds an unauthorized use of the Wastewater System including without restriction any tampering with any of the Facilities, the Chief Administrative Officer may make such changes in its Facilities or take such other corrective action as may be appropriate to ensure only the authorized use of the Facilities, and also to ensure the safety of the general public. - (3) Upon finding an unauthorized use of the Wastewater System, the Chief Administrative Officer may immediately disconnect the Service Connection or shut-off Wastewater Services, without notice, and shall charge the Person all costs incurred in correcting the condition, in addition to any other rights and remedies that may be available to the Village. - (4) A Person that uses the Wastewater System in contravention of this section shall pay the following charges: 8. the applicable rate for the Wastewater Services used based on an estimate by the Chief Administrative Officer of the value the contravention of this section; 9. (b) all costs incurred by the Village in dealing with the contravention; and 10. (c) any other applicable fees or charges provided for in this Bylaw. ## Requirement to Connect to Wastewater System 2 - (1) Subject to subsection (3), all new development, including redevelopment, on Properties adjacent to a Wastewater Main must connect to the Wastewater System prior to occupancy. - (2) The Chief Administrative Officer may, in his or her discretion, exempt a given developed Property, new development or redevelopment from the connection requirement established by subsection (1) or (2), as applicable. - (3) Where an exemption has been granted under subsection (3), the Chief Administrative Officer may, at any time after the granting of the exemption, require that the developed Property, new development or redevelopment in question be connected to the Wastewater System within an alternate timeframe prescribed by the Chief Administrative Officer. - (4) If an Owner fails to take all required steps to connect the Owner's Property to the Wastewater System when required, by this section, to do so, the Village may enter onto the Property in question and, at the Owner's sole expense, take any and all steps that the Village considers necessary to connect that Property to the Wastewater System, including, without restriction, constructing a Private Drainage Line and related facilities on the - (5) The temption Poer Syisesion to) shah instal, at the Dirers orients a rivate Wastewater Disposal System that meets the approval of the Chief Administrative Officer. - (6) An Owner who installs a Private Wastewater Disposal System pursuant to subsection (6) shall be responsible for obtaining, and complying with, all permits, certificates, licenses, inspections, reports, and other authorizations necessary for the installation and operation  of the Private Wastewater Disposal System, and for complying with all applicable laws and regulations. ## Alternate Wastewater System 3 - (1) Subject to subsection (2), once a Property is connected to the Wastewater System, 2. (a) no Person shall, unless authorized in writing by the Chief Administrative Officer, continue to use any Private Wastewater Disposal System located on that Property for the collection or disposal of Wastewater; and 3. (b) any existing Private Wastewater Disposal System that is located on the Property shall be decommissioned, at the Owner's expense, in accordance with all applicable laws and regulations. - (2) The Chief Administrative Officer may allow a Person to maintain a Private Wastewater Disposal System subject to such terms and conditions as the Chief Administrative Officer deems necessary, which may include, without limiting the generality of the foregoing, restrictions on the period of time for which the Private Wastewater Disposal System may be used and the purposes for which it may be used. - (3) No Person who has been granted permission by the Chief Administrative Officer to maintain a Private Wastewater Disposal System shall allow that alternate facility to be connected, directly or indirectly, to the Wastewater System. ## Authorizations and Approvals for Private Wastewater Line 4 - (1) The Customer shall be responsible for obtaining all permits, certificates, licenses, inspections, reports, and other authorizations necessary for the installation and operation of the Private Wastewater Line. 2. and until the Customer has complied with the requirements of all governmental authorities way agreements, and all of the Village's requirements applicable to the installation and operation of the Private Wastewater Line. The Village reserves the right, but is not obligated, to verify that all necessary authorizations have been obtained by the Customer. ## Discharge into Wastewater System 5 - (1) Except as agreed to in writing by the Chief Administrative Officer, no Person shall discharge or permit to be discharged into the Wastewater System any matter other than domestic Wastewater resulting from normal human living processes. - (2) For greater certainty, and without in any way restricting subsection (1), no Person shall discharge or permit to be discharged into the Wastewater System: 3. (a) any matter containing Hazardous Waste; 4. (b) any substance that may cause the Village to be in violation of any regulatory or operating licence, approval or permit for the Wastewater System; 5. (c) any flammable liquid or explosive matter which, by itself or in combination with any other substance, is capable of causing or contributing to an explosion or supporting combustion, including, without restriction, hydrocarbon substances such as gasoline and diesel fuel; 6. (d) any matter which, by itself or in combination with any other substance, is capable of obstructing the flow of or interfering with the operation or performance of the Wastewater System including, without restriction, grease and solid substances such as sand, grit, mud, plastics, rags, sanitary napkins and wet wipes; 7. (e) any matter with corrosive properties which, by itself or in combination with any other substance, may cause damage to the Wastewater System; 8. (f) any substance having a pH of less than 5.5 or greater than 10;  - (g) pharmaceuticals; - (h) corrosive or toxic substances, including, without restriction, pesticides and herbicides; - (i) radioactive materials; - () condensing water, - (K) any heated water or other liquids of a temperature higher than eighty (80) degrees Celsius; - (1) the contents of any privy vault, manure pit or cesspool; - (m) the contents of a sump pump; or - (n) storm water or surface water. ## Commercial or Industrial Wastes 6 - (1) No Wastewater or other matter resulting from any commercial, trade, industrial or manutacturing process shall be discharged or permitted to be discharged into the Wastewater System unless prior approval has been granted by the Chief Administrative Officer and only then after any required pretreatment of the Wastewater or other matter, as prescribed by the Chief Administrative Officer. - (2) All necessary pretreatment equipment or works shall be installed by the Customer, at the Customer's sole expense, prior to the construction of the Service Connection and thereafter shall be continuously maintained and operated by the Customer. ## No Dilution - 7 No Person shall dilute or permit to be diluted any Wastewater in order to enable its discharge in compliance with these Terms and Conditions. ## Oil, Grease and Sand Interceptors 8 - (1) The Customer of any Property on which there is commercial or institutional food preparation shall provide a grease and oil interceptor on all fixtures that may release oil and grease. - (2) The Customer of any industrial, commercial or institutional Property where vehicles or equipment are serviced, repaired, disassembled or washed shall provide a grease, oil and sand interceptor on all fixtures that may release grease, oil or sand. - (3) The Chief Administrative Officer may require a Customer of any Property to install an interceptor if the Chief Administrative Officer, in its sole discretion, determines that an interceptor is required. - (4) All interceptors shall be: 5. (a) of sufficient capacity and appropriate design to perform the service for which the interceptors are used; 6. (b) located to be readily accessible for cleaning and inspection; and 7. (c) maintained by the Owner. ## Protection of Wastewater System 9 - (1) No Person shall remove, damage, destroy, alter or tamper with any Facilities forming part of the Wastewater System, except as authorized by the Chief Administrative Officer. - (2) No Person shall interfere with the free discharge of any Wastewater Main or part thereof, or do any act or thing that may impede or obstruct the flow to, or clog up, the Wastewater System.  - (3) No Person shall connect any storm drain, weeping tile or sump pump to any portion of the Wastewater System. - (4) In case of a blockage, either wholly or in part, of the Wastewater System by reason of negligence or the failure or omission to strictly comply with the provisions of this Bylaw, the Customer concerned or Person responsible shall be liable for all clogs and the cleaning of such blockages and for any other amount for which the Village may be held liable for due to such blockages. ## Hauled Wastewater 10 - (1) No Person shall discharge or permit the discharge of hauled Wastewater except at a hauled Wastewater discharge location approved by the Chief Administrative Officer and only then in accordance with any terms and conditions imposed by the Chief Administrative Officer, including payment of applicable fees and charges. - (2) If a hauled Wastewater discharge location has been identified, by the Village, as a Recreational Vehicle discharge or dump location, that location shall be used solely for the purpose of discharging Wastewater from Recreational Vehicles, and no Person shall discharge or permit the discharge, at that location, of Wastewater from any vehicle, container, structure or thing other than a Recreational Vehicle. ## Spills 11 - (1) Any Person who discharges or permits the discharge of any Wastewater or other matter contrary to this Bylaw shall, immediately after becoming aware of the discharge, notify: 2. (a) the Chief Administrative Officer and provide the following information: - i. name of the Person causing or permitting the discharge; - ii. location of the release; - ili. name and contact information of the Person reporting the discharge; - iv. date and time of the discharge; - v. type of material discharged and any known associated hazards; - vi. volume of the material discharged; and - vii. corrective action being discharge; taken, or anticipated to be taken, to control the 10. (b) the Owner of the Property, where the Person reporting the discharge is not the Owner and knows, or is readily able to ascertain the identity of the Owner; and 11. (c) any other Person whom the Person reporting knows or ought to know may b directly affected by the discharge - (2) The Person who discharged or permitted the discharge pursuant to subsection (1) shall, as soon as the Person becomes aware or ought to have become aware of the discharge, take all reasonable measures to: 13. (a) confine, remedy and repair the effects of the discharge; and 14. (b) remove or otherwise dispose of the matter in a lawful manner so as to minimize all adverse effects.  ## SCHEDULE "D" SPECIFIED PENALTIES | | | Penalty | Penalty | Penalty | Penalty | |---------------------------|--------------------------------------------------------------------------------|---------------|------------------------------|------------------|------------------------------| | | | Municipal Tag | Municipal Tag | Violation Ticket | Violation Ticket | | Section | Description | First Offence | Second or Subsequent Offence | First Offence | Second or Subsequent Offence | | Bylaw, s. 18 | Obstruct an authorized representative | 250 | 500 | 750 | 1000 | | Schedule "A", s. 6(2)(c) | Backfill before Service Connection inspection | 250 | 500 | 750 | 1000 | | Schedule "A", s. 7 | Contravention of Repair and Maintenance Requirements | 250 | 500 | 750 | 1000 | | Schedule "A", s. 9(2) | Interfere with another Customer's Service Connection/Utility Services | 250 | 500 | 750 | 1000 | | Schedule "A", s. 12(1) | Obstruct access to Facilities | 250 | 500 | 750 | 1000 | | Schedule "A", s. 12(2) | Failure to manage vegetation on Property | 250 | 500 | 750 | 1000 | | Schedule "A", s. 12(3) | Install structure that interferes with proper and safe operation of Facilities | 1000 | 1500 | 5000 | 7500 | | Schedule "A", s. 13 | Interfere with or alter Facilities | 1000 | 1500 | 5000 | 7500 | | Schedule "A", s. 16 | Extend R Customer-owned infrastructure beyond Property | 750 | 1000 | 1500 | 2500 | | Schedule "A", s. 27 | Supply false or inaccurate information | 250 | 500 | 750 | 1000 | | Schedule "B" ", S. 1(3) | Fail to comply with Water Conservation and Demand Management Measures | 250 | 500 | 750 | 1000 | | Schedule "B", s. 3(1) (a) | Obtain water from source not connected to the Water System, | 250 | 500 | 750 | 1000 |  | | after connection to Water System | | | | | |---------------------------|-------------------------------------------------------------------------------|------|------|------|-------| | Schedule "B", s. 3(1) (a) | Fail to decommission alternate water supply, after connection to Water System | 250 | 500 | 750 | 1000 | | Schedule "B", s. 3(3) | Connect an alternate water source to the Water System | 500 | 1000 | 5000 | 10000 | | Schedule "B", s. 4 | Unauthorized resale or supply of water | 250 | 500 | 750 | 1000 | | Schedule "B", s. 5(1) | Unauthorized use of water | 250 | 500 | 750 | 1000 | | Schedule "B", s.10(3) | Contravention of Customer Meter installation rules and requirements | 500 | 750 | 1000 | 1500 | | Schedule "B". s.11 | Contravention of General Meter Restrictions | 500 | 750 | 1000 | 1500 | | Schedule "B" s. 16(1) | Unauthorized operation of a fire hydrant | 1000 | 1500 | 5000 | 10000 | | Schedule "B", s. 17 | Obstruct access to or operation of a fire hydrant | 500 | 750 | 1000 | 5000 | | Schedule "B", s. 18 | Contravention of requirement respecting Private Fire Protection Equipment | 500 | 750 | 1000 | 5000 | | Schedule "B" s. 19 | Unauthorized Cross Connection | 1000 | 1500 | 2500 | 5000 | | Schedule "B", s. 20(1) | Customer fails to install required Cross Connection Control Device | 1000 | 1500 | 2500 | 5000 | | Schedule "B", s. 20(2) | Contravene Cross Connection Control Device testing and repair requirements | 1000 | 1500 | 2500 | 5000 | | Schedule "C", s. 1(1)(a) | Impede Wastewater Use of other Customers | 1000 | 1500 | 2500 | 5000 |  | Schedule "C", s. 1(1) (b) | Use Wastewater System without an Account | 1000 | 1500 | 2500 | 5000 | |-----------------------------|-------------------------------------------------------------------------------------------------------|--------|--------|--------|--------| | Schedule "C", s. 1(1) (c) | Use Wastewater System in unauthorized manner | 1000 | 1500 | 2500 | 5000 | | Schedule "C", s. 3(1)(a) | Unauthorized use of Private Wastewater Disposal System, after connection to Wastewater System | 1000 | 1500 | 2500 | 5000 | | Schedule "C", s. 3(1) (b) | Fail to decommission Private Wastewater Disposal System, after connection to Wastewater System | 1000 | 1500 | 2500 | 5000 | | Schedule "C", s. 5(1) | Discharge matter other than domestic Wastewater | 2500 | 5000 | 7500 | 10000 | | Schedule "C", s. 6(1) | Discharging industrial matter without approval or proper pretreatment | 2500 | 5000 | 7500 | 10000 | | Schedule "C", s. 7 | Diluting Wastewater to allow for discharge into Wastewater System | 2500 | 5000 | 7500 | 10000 | | Schedule "C", s. 9 | Contravention of requirement respecting protection of Wastewater System | 1000 | 1500 | 2500 | 5000 | | Schedule "C", s. 10(1) | Discharge of hauled Wastewater at location not Chiraved by the Administrative Officer | 2500 | 5000 | 7500 | 10000 | | Schedule "C", s. 10(2) | Discharge Wastewater at Recreational Vehicle discharge station from vehicle, container or thing other | 1000 | 1500 | 2500 | 5000 |  | than a Recreational Vehicle | |-------------------------------|