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Mayor
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CAO
Initials:_______
Water and Wastewater Bylaw 2022-08
Town of McLennan
Water and Wastewater Bylaw
BYLAW NO. 2022-08
A BYLAW OF THE TOWN OF MCLENNAN IN THE PROVINCE OF ALBERTA TO REGULATE AND PROIVDE FOR
THE SUPPLY AND USE OF WATER AND WASTEWATER WITHIN THE TOWN OF MCLENNAN.
WHEREAS, pursuant to the Municipal Government Act, being Chapter M-26, R.S.A. 2000, as amended,
including Section 7 and Section 8, and Part 3, Division 3, and amendments thereto, the Council of the
Town of McLennan may pass Bylaws for the purpose of operating a public utility, subject to any terms,
costs or charges which may be established by Council;
WHEREAS, the Council of the Town of McLennan deems it necessary and desirable to establish a Utility
Services Bylaw to govern the management and operations of the Utilities;
NOW THEREFORE, the Council of the Town of McLennan in the Province of Alberta, duly assembled,
enacts as follows:
DEFINITIONS:
BACKFLOW VALVE shall mean a device to prevent flow reversal in a stormwater or Wastewater Sewer
connection.
CHIEF ADMINISTRATIVE OFFICER shall mean the person appointed by Council in accordance with Section
205 of the Municipal Government Act and is referred to throughout this Bylaw as "CAO".
COUNCIL shall mean the Council of the Town of McLennan elected pursuant to the provisions of the
Municipal Government Act.
CURB STOP means a control valve located on a Service at or near the property line which can
turn on or off the water to the building or residence.
CUSTOMER shall mean a Person that has entered into an account agreement with the Town for the supply
of Utility Services or who is the Owner or occupant of any premises connected to or provided with a Utility
service.
METER shall mean a mechanical and/or electronic device used to measure the amount of water consumed
on the premises upon which such meters are situated.
SEWAGE SERVICE LINE shall mean that portion of the sewer line from the collecting street mains to the
property line of the land or building being serviced.
STORM WATER shall mean surface water in abnormal quantity resulting from heavy falls of rain or snow.
TOWN shall mean the Town of McLennan.
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Water and Wastewater Bylaw 2022-08
TOWN FOREMAN shall mean the person with authority to supervise and have charge of the Water and
Sewer Department, subject to the powers delegated to him through the Chief Administrative Officer of the
Town of McLennan.
WATER SERVICE LINE shall mean that portion of the water line installed on private property
connecting the Service at the property line to the Control Valve inside the building Upstream of
the Water Meter
VIOLATION TICKET means a ticket or similar document issued by the Town pursuant to the Act
for the purpose of notifying a Person that an offence has been committed for which a
prosecution may follow.
WATER SERVICE CONNECTIONS
1.1
No person, except authorized employees/contractors of the Town shall make any connection to
any of the Town public water lines or mains.
1.2
Any water service line on private property from the water meter to the curb stop shall be
installed, maintained, repaired and replaced by the Owner of the property on which it is located
in.
1.3
The Town shall be responsible for the costs of installation and repair of a water service line from
the main line to the curb stop. All water service lines laid down on private property between the
property line and the water meter shall be of the same size as the service line installed in the
street between the water main and the property line and constructed of material approved by the
Town.
1.4
The Town may with due notice shut off the water supplied to the land or premises of any
customer who may be guilty of a breach of non-compliance with any of the provisions of the By-
law and may refuse to turn on the water until satisfied and assured that the customer intends to
comply with the By-law.
1.5
No person shall extend a private water service line from one lot to another.
1.6
When the connecting, disconnecting or repairing of a private water line between the property line
and the building is done an employee of the Town shall cause the work to be inspected and the
connection, disconnection or repair of the private service line shall be left uncovered until it has
been inspected and approved.
1.7
No person shall interfere with, damage or make inaccessible any curb stops due to the
construction of sidewalks, fences, pathways, driveways etc. If it is required to make any repairs or
changes to inaccessibility to or damage to curb stops, the owners of the property being serviced
by said curb stop shall, in addition to the penalties of this By-Law, be required to assume all costs
involved in said repair.
Mayor
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CAO
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Water and Wastewater Bylaw 2022-08
SEWAGE SERVICE CONNECTIONS
2.1
No person, except authorized employees/contractors of the Town shall make any connection to
any of the Town public sewage lines or mains.
2.2
No person shall extend a private sewage service line from one lot to another.
2.3
The Town shall be responsible to maintain that portion of the private sewage line that is located
on Town property unless the faulty line is due to negligence of the Property Owner.
2.4
Where no sanitary sewer mains are constructed to the outer line of the Street adjacent
to the Owner's property, the Owner may have the option to pay in advance the sum
required to construct a sewer main from the nearest available main to the outer line of
the Street adjacent to the Owner's property plus the cost of connecting the Owner's
property to the sewer main.
2.5
When the connecting, disconnecting or repairing of a private sewage line between the property
line and the building is done an employee of the Town shall cause the work to be inspected and
the connection, disconnection or repair of the private service line shall be left uncovered until it
has been inspected and approved.
2.6
Where premises are subject to backflow, all plumbing fixtures and floor drains set below the level
of the ground surface or the adjoining street or property shall be protected from the backflow by
an approved Storm Water Backflow Valve.
2.7
All new construction shall be protected from backflow by an approved Storm Water Backflow
Valve.
2.8
No waste or discharge resulting from any trade, industrial or manufacturing process shall be
directly discharged into any Town sewer without such previous treatment as approved by Council
and Alberta Environmental Protection for each case.
SEWAGE LINE BLOCKAGE
3.1
If in the case of an emergency, the Town Foreman or designate is requested to respond
to an initial call, and if it is found that the blockage was not caused by the Town main
line, the owner and/or user will then be directed to contact a plumber.
3.2
When the plumber has determined that a blockage is caused by tree roots from a tree
situated on Town property, he shall then advise the Town Foreman or designate prior to
commencing any further action. This will enable the plumber and Town Foreman to
make a proper evaluation of the problem, and recommend a solution.
3.3
The Property Owner shall be responsible to contact a plumber and shall be responsible
for all costs incurred due to blockages in the Owner's portion of the Sewage line for the
clearing of same and all costs incurred due to blockages outside the Owner's portion of
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Water and Wastewater Bylaw 2022-08
the Sewage System and for clearing of same, where the blockage can be shown to be as
a result of negligence on the part of the Owner or occupier. Should the blockage
thought to be on the town side of the property line, the plumber will contact the Town
Foreman or designate to inspect the line and to confirm the location of the blockage.
3.4
When it has been determined that a blockage is caused by tree roots situated on the boulevard or
that the problem exists in the main line, the Town shall make the arrangements and cover the cost
of clearing the private line from the house to the main.
3.5
The Town may remove any tree on a boulevard that is deemed to be causing or potentially causing
root problems in the sewer line.
EMERGENCY RESTRICTIONS AND PROHIBITIONS
4.1
When possible, reasonable notice will be provided to all customers, however the Town reserves
the right to turn off water service without notice to any or all customers in an emergency. It is
hereby declared that no person shall have any claim for compensation or damages as a result of
the Town turning off the water service in an emergency situation without notice or from the
failure of water supply system from any cause whatsoever.
4.2
To maintain an adequate supply of water and adequate water pressure within the Town, or in
emergency situations, the Council or CAO may authorize restrictions on the use of water.
DISPOSAL OF STORM WATER & STORM DRAINAGE
5.1
Except as otherwise provided herein, no person shall direct, allow or suffer any storm
water to be placed in the Sewage System.
5.2
Where storm water on any land is directed into or connected to the Sewage System, the
Owner of that land shall forthwith, upon being so directed by the CAO, disconnect the
storm water drainage connection from the Sewage System and connect it in a manner
satisfactory to the Town Storm Sewer system if available, or shall dispose of the storm
drainage in a manner satisfactory to the Town Foreman.
5.3
No person shall discharge, release or cause to be placed, any substance other than
storm water into a Storm Sewer.
HYDRANTS AND VALVES
6.1
Except as hereinafter provided, no person other than authorized employees of the Town shall
open or close or operate or interfere with any valve, curb stop, hydrant or draw water therefrom.
6.2
No person shall in any manner obstruct the free access to any hydrant or valve or curb stop. No
vehicle, building or any other matter which would cause such obstruction shall be placed nearer to
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Water and Wastewater Bylaw 2022-08
a hydrant than the property line of the street in which the hydrant is located, not within five (5)
meters of the hydrant in a direction parallel with the said property line.
6.3
The Fire Department Chief, Officers and members of the Department are authorized to use the
hydrants for the purpose of filling fire trucks, training exercises and testing hoses, but all such uses
shall be under the direction and supervision of the Chief or his duly authorized members and in no
event shall any inexperienced or incompetent person be permitted to manipulate or control any
such hydrant.
6.4
All fire hydrants, except fire hydrants situated on private property, are the property of
the Town.
FROZEN SERVICES
7.1
The Town shall assume the full responsibility and cost one time in each calendar year, for any
water service line which may hereinafter be frozen between the property line and the main line.
Any water service line frozen between the property line and the water meter shall be the
responsibility of the person owning the property. In addition, should the water service line be
frozen between the street main and the property line as the result of the negligence of the
customer, the customer will be held responsible for costs associated with unthawing said line.
7.2
The Owner may, at his own expense, shall install a freeze protection device approved by the Town
and the Owner shall be responsible for and shall be liable for any damage which may result from
the improper or negligent operation and maintenance of the freeze protection device.
METERS
8.1
Each property will be supplied with the first meter at no charge.
8.2
For the purpose of installing, servicing or reading the meter, the customer shall ensure that access
to the meter is safe, well lit, and free of hazards.
8.3
Meters shall be read monthly and applicable water charges shall be levied and collected based on
the actual consumption of water received directly from a connection with the Town's water
distribution system, except as otherwise stated in this Bylaw.
8.4
Except where otherwise provided in this Bylaw, all water supplied pursuant to this Bylaw shall be
measured by a Water Meter including a remote reading device, of a design and capacity approved
by the Town.
8.5
All development serviced directly or indirectly by a connection to the water supply system shall
acquire a meter from the Town and the meter shall be installed at the developer's expense.
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CAO
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Water and Wastewater Bylaw 2022-08
8.6
An owner shall provide adequate protection for the meter supplied by the Town against freezing,
heat or any other internal or external damage, failing which the customer shall pay the Town all
costs associated with the repair of such meter which amount shall be recoverable in the same
manner as all other costs and charges provided for under this bylaw.
8.7
Should a water meter or remote reading device be damaged or destroyed on the property of an
owner, the cost of repairing or replacing the water meter or remote reading device shall be paid
by the owner.
8.8
No person, other than an employee of the Town or a person authorized in writing by the CAO,
shall test, remove, repair or disconnect a water meter or a remote reading device.
8.9
Except where otherwise provided in this Bylaw, no person shall do or allow to be done any act or
thing that results in a use or flow of water from the water system that is not measured by a water
meter of a design and capacity approved by the CAO unless the CAO has authorized that use or
flow.
METER READING
9.1
If upon the reading of a meter, it is determined by the Town that the meter is not recording the
consumption of a utility, the Town, with reasonable notice to the customer, must be allowed to
enter the premises to replace, repair or inspect the meter.
9.2
In the event that the Town is unable to obtain access to the premises to obtain a meter reading or
replace the meter within two weeks of written notice to the owner water charges for those billing
periods will be billed on estimated consumption and the Town shall terminate water service to the
property.
9.3
All water which passes through the water meter and is recorded thereon is to be charged as water
consumed by the person responsible for the account unless otherwise directed by resolution
of Council.
9.4
A customer who disputes a meter reading shall give written notice to the Town within 14 days of
receiving the utility bill.
9.5
In the event a meter has been determined to have been altered or tampered with in any way, a
customer forgoes the right to dispute a meter reading.
9.6
Following receipt of written notice, but not more than once during each calendar year, the water
meter situated on the customer's premises shall be removed and tested and if the meter is found
to register within three (3%) percent of the water passing through same, the meter shall be
deemed to be measuring correctly and the cost for meter removal, testing and re-installation shall
be borne in full by the customer;
9.7
In the event the said meter is found not accurate within the said limits of three (3%) percent of the
water passing through same, the meter handling and testing fees paid by the customer shall be
refunded, and the billings adjusted to fully take into account such error. Unless such an
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Water and Wastewater Bylaw 2022-08
examination of past meter readings or other information disclosed the time at which such an error
commenced, then such error shall be deemed to have commenced three months prior to such
testing of the meter or from the date upon which the meter was installed, whichever, is the lesser.
The amount so determined shall be deemed accepted by the customer and the Town as
settlement in full of all claims on account of the inaccuracy of such meter.
9.8
The meter shall remain the property of and shall be maintained by the Town. The Town will
replace any meter that stops working due to normal wear and tear at no cost to the owner.
TAMPERING WITH METERS
10.1
No person shall tamper in anyway with a water meter or remote-reading device.
10.2
Where a water meter is found to be damaged or tampered with, the utility charge rate shall be set
based on the highest monthly rate of consumption of water used within a prior 12-month period
for that premise.
DETERMINING CONSUMPTION WHEN METER INOPERATIVE
11.1
If a meter cannot be read on the required month, the water consumption readings shall be an
estimated volume based on prior usage for each water utility customer.
11.2
If no records exist for the customer a fair estimate shall be set.
SERVICE UPGRADE
12.1
A new development or a request to upgrade a water line from ½ inch line to ¾ inch or 1-inch line
or upgrade a sewer line, the property owner will be required to pay for installation and all
materials to service from the water or sewer main to the development. The Town will replace the
water meter at the owner's expense if required.
AFTER HOUR CALL OUT
13.1
The Customer shall pay the applicable afterhours fee as set forth in Schedule A for
service calls after 4:00 p.m. or before 7:30 a.m., Monday through Friday, or on a
Saturday, Sunday, or statutory or civic holiday. The afterhours fee shall also apply if a
meter is required to be installed or connected, or should a Utility Service be required to
be disconnected or reconnected during such times.
ACCOUNT DEPOSIT
14.1
A deposit is required on residential and commercial accounts as per set out in Schedule
"A" of this bylaw.
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Water and Wastewater Bylaw 2022-08
14.2
A deposit shall be refunded upon the discontinuance of water service to the premises and upon
payment in full of the utility account for such services. In default of such final payment in full, any
amount owing may be debited from the deposit account and credited to the delinquent utility
account.
14.3
A deposit is required for Bulk Water Account holders for an access key to the Water
Treatment gate for after hour services.
ACCOUNTS
15.1
When a property owner rents or leases a premise to which the Town provides utility services, all
new utility accounts shall be in the name of the property owner only or both the property owner
and renter. Invoices will be sent to both if the account is in the name of the property owner and
renter.
15.2
An invoice showing all service charges to the user, shall be delivered to the customer/property
owner monthly. The garbage service charge will be combined on the same invoice as the water
service charge, recycling service charge and the wastewater service charge; but each shall be
calculated separately, and separate entries shall be made.
15.3
Invoices will be mailed or emailed to the required persons. Standard procedure will be to mail
invoices until permission is obtained from necessary parties in order to email invoices. Recipients
can choose between mailed or emailed invoices; however, they cannot choose both methods.
15.4
All water meters supplied by the municipal water system are to be read on the last business day of
every month, and billed accordingly.
15.5
The minimum charges applicable to new accounts and accounts being closed shall be prorated
according to the days of occupancy in any given billing period.
15.6
The flat monthly utility rate will apply to all serviced properties on which a structure
exists regardless of service use including water, garbage, sewer and recycling.
15.7
No reduction in rates shall be made for:
a) Interruption of the service on account of any service or main piping becoming frozen or out of
order as a result of frost; or
b) Interruption of service due to repair work.
15.8
Utility billings shall be due and payable when rendered and if not paid on or before the due date
stated on the Utility Invoice, it is deemed to be in arrears, and a late payment charge of four
percent (4%) will the then be added to the outstanding balance. Failure to receive a Utility
Invoice does not relieve an account holder of liability for its payment.
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CAO
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Water and Wastewater Bylaw 2022-08
OFFENCES, PENALTIES, VIOLATION TICKET PROCEDURE AND POSECUTIONS
16.1
Any person who contravenes any provision of this Bylaw is guilty of an offence
and is liable, upon summary conviction, to a fine as set out in Schedule B
attached hereto.
16.2
Where an offence ticket is issued, pursuant to this Bylaw, the following procedures shall
apply:
(a) every offence ticket shall provide for the payment to be made to the
Town of McLennan within thirty (30) days from the date of issue of
the offence ticket, if payment is made within the time limit, such
payment shall be accepted in lieu of prosecution;
(b) if the penalty amount is not paid within thirty (30) days from the
date of issue of the offence ticket, the right of the person named on
the offence ticket as a violator of this Bylaw to pay the penalty
amount in lieu of prosecution shall expire.
(c) in those cases where an offence ticket has been issued and if the
penalty specified on an offence ticket has not been paid within the
prescribed time, then a Peace Officer is hereby authorized and
empowered to issue a violation ticket pursuant to Par II of the
Provincial Offences Procedure Act, R.S.A. 2000, c. P-21.5 as amended.
16.3
An Offence Tag shall be deemed to be sufficiently served:
15.3.1 If served personally on the accused; or
15.3.2 If mailed to the last known address of the accused customer.
16.4
In default of any person not complying with this Bylaw, the Town may remedy the
situation and the cost thereof shall be paid to the Town upon demand and failing
payment of such cost shall be charged against the property as a special assessment to
be recovered in like manner as other taxes.
16.5
Except as otherwise provided in this Bylaw, a person who is guilty of an offence under
this Bylaw for which a penalty is not otherwise provided, is liable to a fine of not less
than $200.00 and not more than $10,000.00.
SEVERANCE
If any section in this bylaw is found to be invalid, it shall be severed from the remainder of the
bylaw and shall not invalidate the whole bylaw.
REPEAL
That Bylaw 2019-16 is hereby repealed.
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Water and Wastewater Bylaw 2022-08
That this bylaw shall take effect on January 1st, 2023.
READ a first time this 14th day of November,2022.
READ a second time this 14th day of November,2022.
READ a third time and finally passed this 14th day of November,2022.
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MAYOR
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CHIEF ADMINISTRATIVE OFFICER
Mayor
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CAO
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Water and Wastewater Bylaw 2022-08
SCHEDULE "A"
Service Fees
After Hour Call Out Fee - Per Hour
$120.00
Water Account Deposit
$200.00
Water Disconnection
December 1 - March 30
$250.00
April 1 - November 30
$125.00
Water Reconnection
December 1 - March 30
$250.00
April 1 - November 30
$125.00
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Water and Wastewater Bylaw 2022-08
SCHEDULE "B"
Penalties
Section
Description
Amount
HYDRANTS AND VALVES
6.1
Opening, closing or interfering with any hydrant, curb stop
or valve of the Water System without permission
$200.00
WATER METERS
8.7
Install, test, remove, repair, replace or disconnect a Water
Meter without authorization
$200.00
TAMPERING WITH METERS
10.1
Tamper with a meter or remote reading device
$200.00
EMERGENCY RESTRICTIONS AND PROHIBITION
4.2
Using water from the Water System in contravention of
the Terms of any or order made by the Council or CAO
$200 plus
Water used