Bylaw No. 418-20: Utility Services Bylaw — full text

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## BYLAW # 418-20 UTILITY SERVICES BYLAW ## A BYLAW OF THE VILLAGE OF MILO, IN THE PROVINCE OF ALBERTA TO ESTABLISH UTILITY SERVICES. WHEREAS Section 7 of the Municipal Government Act, RSA 2000, Chapter M-26, and amendments thereto, provides that THE Village of Milo authorized to pass a Bylaw to regulate and provide the supply and use of Water, Wastewater and Waste Management throughout the Village of Milo; and WHEREAS Village of Milo, in the Province of Alberta, owns and operates a water distribution system, a sewage collection system and a waste management system as public utilities for the benefit of its residents; and WHEREAS Village of Milo, is committed to offering its services in a manner that does not negatively impact the environment; and WHEREAS it is deemed just and proper to levy rates and charges on all persons to whom such utility services are provided and to set forth the terms and conditions under which such utility services will be provided; and WHEREAS the Council of the Village of Milo, in the Province of ALBERTA, DEEMS IT EXPEDIENT TO PASS SUCH A Bylaw; NOW THEREFORE the Council of the Village of Milo duly assembled, hereby enacts as follows: ## 1) TITLE - 1.1 This Bylaw may be referred to as the UTILITY SERVICES BYLAW ## 2)DEFINITIONS In this Bylaw, the following terms shall have the meanings shown: - 2.1 "Application" refers to the application made by the customer to the Village of Milo for the supply of utility services; - 2.2 "Collectible Waste" refers to material originating from eligible premises, as outlined in Section 6 of this Bylaw, and placed in the designated collection areas by the customer, and consists of garbage; - "Customer " refers to any person, firm, partnership, corporation, or organization who has established into a service account with the village for the supply of utility services, or who is the owner, or occupant of any premises connected to or provided with a utility; - 2.4 "Dangerous Goods" refers to the dangerous goods as defined by the Dangerous Goods Transportation and Handling Act, R.S.A 2000, as amended, and the regulations thereunder;  - 2.5 "Garbage" refers to discarded material or waste of any kind which is permitted to be disposed of at the Vulcan and District waste Commission designated Transfer Station site; - 2.6 "Hazardous Waste" refers to hazardous waste as defined by the Environmental Protection and Enhancement Act, R.S.A. 2000, as amended, and the regulations thereunder; - 2.7 "Interceptor" refers to any receptacle that is installed to prevent oil, grease, sand, or other material from entering the Village's Wastewater - 2.8 "Owner" refers to the registered owner of the property in the Village of Milo - 2.9 "Premises" land and buildings - 2.10 "Rates" refers to the tariff of charges for the supply of water, basic fees, capital or amortization fees of facilities, distribution of water, recycling, wastewater and waste management services as set out in the Utility rates Bylaw - 2.11 "Recyclables" refers to any household waste material that may be reused in some way and is acceptable at the Vulcan District Waste Commission Recycling Centres; - 2.12 "Sanitary Sewer" refers to a sewer located on public property which is designated by the Village to carry wastewater only; - 2.13 "Service Account" refers to an account for Utility Services established by the Village for the supply of Utility Services which is non-transferrable; - 2.14 "Service Connection" refers to all that portion of the pipes, connections or things that provide a public utility situated between the public utility main and the property line to which such utility is supplied; - 2.15 "Sewage System" refers to all sewers and facilities for collecting, pumping, treating and disposing of wastewater; - 2.16 "Special Waste" refers to waste which requires special disposal treatment at the disposal grounds but does not include garbage, hazardous waste or dangerous goods; - 2.17 "Street" refers to all those lands situated within a registered road right-ofway with Alberta Land Titles. - 2.18 "Transfer Station" refers to a facility designated by the Vulcan District Waste Commission to temporarily retain collected garbage prior to disposal at a designated landfill site. Also, may be used by public to dispose of garbage and other waste materials that are not included in the residential garbage collection; - 2.19 "UTILITIES and UTILITY SERVICES" refers to and includes, as the context may require:  - 2.19.1 The supply of water, potable water, or bulk water; 2.19.2 The provision of wastewater collection and treatment; or 2.19.3 The provision of waste management services including garbage collection and disposal; - 2.20 "Village" refers to the Village of Milo or an employee or an agent designated to act on behalf of the Village; - 2.21 "VDWC" refers to the Vulcan District Waste Commission, such commission which has the authority to manage and control waste transfer stations and recycling centres; - 2.22 "Wastewater" refers to a combination of water carried wastes from all buildings in the Village and without limiting the generality of the foregoing, including residences, business buildings, institutions and industrial establishments; - 2.23 "Water Main" refers to those pipes installed by the Village in streets for the conveyances of water throughout the Village to which service pipes may be connected; - 2.24 "Water Utility" refers to the system of water works owned and operated by the Village and all accessories and components thereto. ## 3) UTILITY ADMINISTRATION - 3.1 As provided under Section 33 of the Municipal Government Act, the Village shall be the sole provider of utility services within the corporate limits of the Village of Milo. At the discretion of the Village, exceptions will be made through express written agreement. - Obtaining Utility Services: 3.2.1 The Village may refuse to supply utilities if the customer has an outstanding utility account balance with the Village of Milo. 3.2.2 The customer shall be responsible for all utility charges levied against the account until the Village is notified of account closure 3.2.3 Utility services will only be provided to the owner of the property. Accounts may be opened in the name of the tenant, with permission of the property owner, however charges and/or collection of charges are the sole responsibility of the property owner. - 3.3 Utility Rates: 3.3.1 Utility service rates are set under guidelines established by the Alberta Energy and Utilities Board. The Rates for Utility Services provided under this Bylaw are set out in the Village of Milo Utility Rates Bylaw. - 3.4 Billing and Overdue Accounts: 3.4.1 Utility Billing shall be issued on a monthly basis; 3.4.2 Utility accounts are due on or before the date issued on the utility invoice. The penalty rate for late payment as well as guidelines for imposing penalties, is set out in the Village of Milo Utility Rates Bylaw; 3.4.3 The Village of Milo shall have the right to discontinue providing utility services to those sites with overdue accounts; 3.4.4 At the discretion of the Village as provided under Section 553 of the Municipal Government Act, any outstanding utility balance may be  transferred to the property tax account of the utility service site if the overdue balance is not paid in full; 3.4.5 Once services have been discontinued or disconnected, the outstanding utility account balance along with a reconnection service charge as specified in the Utility Rates Bylaw must be paid prior to the Village re-establishing services to the customer or the owner of the property to which service has been discontinued. At the discretion of the Village of Milo a reasonable payment plan may be accepted. ## 3.5 Termination of Utility Services by Customer 3.5.1To terminate utility services, written authorization must be submitted to the Village including a move-out date and forwarding address. A final reading will be taken and the customer will be required to pay the final bill ## 3.6 Termination of Utility Services by Village 3.6.1 The Village may discontinue utility service for any of the following reasons: - a) Non-payment of any utility accounts; or - b) Inability of the Village to obtain access to a residential or nonresidential premise to read, install, repair, or perform maintenance on any meter seven (7) days following written notification for access: or - c) Failure by or refusal of, a customer to comply with any provision of this bylaw; or - d) Failure by or refusal of a customer to comply with any provisions of any Provincial Acts, Building Codes, or any other regulations thereunder; or - e) In any other case provided by this bylaw; and in such an event the Village, its officers, employees or agents shall not be liable for any damages of any kind from such discontinuation of service 3.6.2The Village is hereby authorized and directed to enter upon and in any property upon which a meter or shut-off valve is situated for the purpose of terminating the supply of a utility to that property or for thr purpose of suppling a utility to that property. ## 4) WATER UTILITY ## 4.1 Connection to Village's Water Utility 4.1.1 Any person or entity wishing to connect any piping to the Village's Water System to obtain a supply of water, must first apply to the Village for approval. The application must fee for this service is set out in the Utility Rates Bylaw. An application must include: - a) Construction drawings in identifying the proposed connection, associated piping and installations, and any other information required by the Village; and - b) A written statement describing the applicant's interest in the land; and - c) Payment of any off-site levies or any other outstanding amounts in relation to the property that are owed to the Village. 4.1.2 All service pipes laid on a private property, between the water meter and the property line, shall be of the same material as the service pipe in the street from the water main to the property lines. All service pipes shall be installed in accordance with the Village's Land Use Bylaw 397-17 and all amendments. ## Water Supply - 4.2.1 The Village has the authority to restrict, limit or control water usage at any time it deems necessary to do so. The Village, in imposing such limitations, shall notify affected persons of the restrictions by public address. - 4.2.2 The Village does not guarantee the pressure or the continuous supply of water and the Village reserves the right at any and all times without notice to change the operating water pressure and to shut off - 4.2.3 Customers dependent upon a continuous and uninterrupted supply of water, or having processes or equipment that require particularly clear or pure water, shall provide such facilities as they consider necessary to ensure a continuous and uninterrupted supply, pressure or quality of water required for this use. ## 4.3 Conservation Measures 4.3.1 No person shall: - a) lend or sell water unless specifically licensed to do so; - b) give away or permit water to be taken; - c) use or apply water to the use or benefit of others doing anything other than his/her own use and benefit; or - d) increase the usage of water beyond that agreed upon with the Village. 4.3.2 No person shall waste any water in any way, whether by improper or leaky service pipes, fixtures or tapes, by freezing, or by improper or excessive use of water. ## 4.4 Valves and Hydrants 4.4.1 No persons other than authorized employees or agents of the Village shall open, close, operator or interfere with any valve, hydrant or fire plug, or draw water therefrom. Any person found opening or closing hydrants or valves shall be charged a penalty, as established in the Utility Rates Bylaw. 4.4.2 No person shall in any manner obstruct the free access to any hydrant or valve. No vehicle, building, rubbish, or any other matter, which would cause such obstruction, shall be placed neither within two (2) meters of the hydrant; nor within 4.6 meters of the hydrant in a direction parallel with the roadway or vehicle access. ## Curb Stops - 4.5.1 Water shall be turned off or on by an authorized employee or agent of the Village - 4.5.2 One (1) curb stop and one (1) meter shall be installed per property Unless otherwise indicated by the Village - 4.5.3 Each water service pipe shall be provided with a curb stop valve placed at a point of entry to the property approved by the Village. The said valve shall be kept clear of obstructions at all times. - 4.5.4 In a multi-family development separate meters shall be installed to each individual owner. The Village and persons authorized by the Village shall be allowed access to the premises and shall be provided clear and free access to the curb stop or equivalent at all reasonable times for the purpose of any necessary repair or maintenance. ## 4.6 Cross Connections and Backflow Prevention  ALBERTA  - 4.6.1 No customer or other person shall install or allow to exist, any equipment, appliance, or piping configuration that could produce a cross connection without receiving written consent of the Village. - 4.6.2 The Village may require installation of backflow prevention devices in circumstances where there is danger of contaminants running backwards through the water service into the distribution system. Annual inspections and repairing may also be required. ## 4.7 Private Water Sources - 4.7.1 Private water sources within the Village's corporate limits are prohibited unless, approved by the Village. 4.7.2 If at any time a private water source of water is found, notice to discontinue use will be given by the Village. Should the use of such water continue forty-eight (48) hours after notice such source or supply of water will be declared a nuisance and danger to public health and safety, and will be removed, filled up or otherwise abated ## 5) WASTEWATER UTILITY ## 5.1 Connection to Village's Wastewater Utility 5.1.1 Any person or entity wishing to connect to any piping to the Village's wastewater system, must first apply to the Village for approval. An application must include: - a) construction drawings identifying the proposed connection, associated piping and installations, and any other information required by the Village; and - b) a written statement describing the applicant's interest in the land; and 3. c)payment of any offsite levies or any other outstanding amounts in relation to the property that are owed to the Village. 5.1.2 No person shall: - a) produce or operate a private sewage system within the corporate limits of the Village, unless authorized by the Village; - c) introduce any pipe, tube, trough, or conduit into the wastewater system, except as authorized by the Village; - b) tamper in any way with any part of the Village's wastewater system or component thereof, including manholes and ventilators, except duly authorized employees or agents of the Village; - d) interfere with the free discharge of the wastewater system or part thereof; - e) remove, regrade, alter or obstruct any drainage swale or ditch whose construction has been approved by the Village. ## 5.2 Interceptor 5.2.1Any interceptor shall be provided by the owner should the service site match one of the following: - a) any premises in which there is commercial or industrial food preparation; or - b) any commercial laundry or hotel; or - c) any petroleum yard, or premises in which vehicles or equipment are repaired or washed; - d) any site where it is reasonable to do so, at the Village's discretion 5.2.2 The owner of every trap or interceptor shall be responsible for the operation and maintenance of such appliance. Any owner not operating and maintaining the trap that is shown to affect any part of the wastewater system shall be responsible for the costs of clearing the impacted area. 5.2.3 Every grease, oil, sand and silt interceptor shall be:  - a) of a design sufficient to perform the service for which it is - b) located such as to be readily and easily accessible for cleaning, maintenance and inspection. ## 5.3 Wastewater System Release 5.3.1The wastewater system release guidelines of this Bylaw shall be accordance with wastewater discharge regulations as established by Alberta Environment. 5.3.2 The following may be released into the Village's wastewater system: - a) wastewater that does not contain: - i. a hazardous waste ii. a prohibited waste (as per Schedule "A") ili. a restricted waste (as per Schedule "A") 5.3.3 No person shall release or permit the release of the following into the Village's wastewater system: - a) any matter containing hazardous waste; - b) storm water, including water from the drainage of roofs or land, 3. or contaminated water; - c) subsurface drainage, including weeping tile drainage, except buildings constructed prior to 1990, or except as approved by the Village; - d) water that has originated from a source separate from the water distribution system of the Village; or - e) hauled wastewater. 5.3.4 No person shall dilute wastewater as so to avoid the requirements of this Bylaw. 5.3.5 No waste or discharge resulting from any trade, industrial or manufacturing process shall be directly released into the Village wastewater system without such previous treatment as prescribed by the Village for such case. The necessary treatment works as prescribed shall be completely installed and maintained at the sole expense of the customer. ## 5.4 Sewer Backup 5.4.1 Should any customer claim that a sanitary sewer service line is plugged, the Village shall respond by investigating for free flow in the sanitary sewer mains. Should no blockage be observed in the mains, the customer shall be instructed to contact a qualified plumber to open the service line connecting the customer's service to the Village wastewater system and record video of blockage to determine cause and precise location. - a) should the video determine the cause of the obstruction existing between the sanitary main and the property line the Village shall assume costs for repairs. - b) should no problem be detected or should the problem be existing on private property, the costs shall be assumed by the customer. - c) should the problem co-exist on private property and between the main and property line, a cost sharing of repairs shall be fairly determined by the Village. ## 6) WASTE MANAGEMENT UTILITY  - 6.1 In order to administer and enforce the provisions established in this Bylaw the Village may: - a) divide the Village into areas for the purpose of garbage collection from eligible premises on various days of the week; - b) designate a particular day of the week for collection of garbage in any designated collection area; - c) alter the boundaries of areas as deemed necessary with reasonable notice to the public; - d) administer and liaise with any collection contractor who may be hired by the Village to carry out the collection of garbage within the Village; - e) determine the frequency of collection of garbage within the Village; and - f) designate the conditions and guidelines relating to the acceptance of waste materials that may be collected from eligible premises. ## 6.2 Eligible Premises - 6.2.1 Eligible premises for garbage collection include the following: - b) residential dwellings that constitute a unit in a multi-family dwelling; and - a) single family dwellings including mobile homes; and - c) commercial and industrial properties as approved by the Village. Owners and occupants of properties not defined herein as eligible premises shall not place any waste materials at either curbside or alley of such properties for collection. ## 6.3 Customer Responsibilities - 6.3.1 The customer shall: - a) utilize regulation containers for the storage and collection of collectible waste and ensure all collectible waste is held in such containers at all times so as to prevent the escape of waste materials into the environment; - b) maintain such regulation containers in good repair and in a sanitary condition; - c) ensure that each regulation container is covered and secured at all times except when being emptied or filled; - d) store collectible waste outside the main building on an eligible premise only in secured containers made inaccessible to pests or animals; - e) ensure the proper preparation of all collectible waste in accordance with this Bylaw; - f) gather all garbage placed for collection that has escaped from it's container onto public or private property; - g) ensure that collectible waste is placed for collection at the back lane of the property or at the curb, off the sidewalk and not to obstruct pedestrian traffic, for those properties without back lanes. ## 6.4 Regulation Containers for Garbage Collection 6.4.1 Only containers which meet the following specifications and requirements shall be utilized for the purposes of garbage collection: - a) a sturdy, water tight and securely tied plastic bag that does not exceed eighteen (18) kilograms (approximately 40 pounds) including contents.  - 6.4.2 No material shall be considered to be "garbage" within the meaning of this Bylaw unless and until the customer has placed the waste material in a regulation container. - 6.4.3 No person shall out or permit to be put out animal feces or other manure type waste unless packaged separately from other waste in a securely tied double plastic bag free of punctures, tears, and leaks. - 6.4.4 The Village and it's contractor are not required to handle, collect or remove a garbage container, or contents of such, which does not comply with this Bylaw. - 6.4.5 No person shall dispose of any waste in a receptacle or container owned or leased by another person without the consent of the owner of the receptacle or container. ## 6.5 Use of Recycling Station 6.5.1 All Village residents have free access to the Recycling Station which is owned and operated by Vulcan District Waste Commission for the disposal of household recyclables. Acceptable items include mixed paper such as boxboard, paper and magazines, corrugated cardboard, newspaper, tin cans and metal containers, and other materials such as expressed by Vulcan District Waste Commission. 6.5.2 No material considered to be "garbage" is permitted to be placed in the Recycling Station. ## 6.6 Private Garbage Collection ## 6.7 6.6.1 The owner or occupant of residential lands or premises may remove the garbage therefrom at their own expense and employ some other person for such purpose, however such action shall not relieve the owner or occupant of the liability to pay the Village the rate levied under this Bylaw for removing such garbage. - Hazardous Waste, Dangerous Goods and Special Waste 6.7.1 The owner or occupant of land which produces or possesses any dangerous goods, hazardous waste or special waste shall remove and dispose of such goods in accordance with this Bylaw and any Provincial and Federal Regulations. - 6.7.2 The owner or occupant of any land from which any dangerous goods, hazardous waste or special waste is removed shall properly identify such waste or goods and shall be responsible for obtaining approvals for safe disposal and transport thereof. - 6.7.3 No person shall deposit or mix any garbage for collection by the garbage service any dangerous goods or hazardous waste. - 6.7.4 No person shall place, or cause to be placed, any special waste into garbage service without obtaining permission from the Village and making payment of the disposal charge. - 6.7.5 Any person breaching any part of this Section of this Bylaw shall be responsible for all costs incurred in eliminating any pollution from, or contamination of, the Village's garbage collection equipment or any site in the Village and shall make payment of the same to the Village on demand ## 6.8 Prohibitions - 6.8.1No person shall: - a) pick over, remove, disturb or otherwise interfere with any waste material that has been set out for municipal collection; - b) collect waste material placed for municipal collection; - c) remove a garbage container placed in the alley or curbside.  6.8.2The Prohibitions in Section 6.8.1 do not apply to a person who placed the waste material for collection or to the Village, it's contractors or authorized Village collection contractors. - 12) REPEAL OF BYLAW 2. 12.1 Bylaw #376-12 is herby repealed. - 13) EFFECTIVE DATE 4. 12.1 This Bylaw shall come into force and effect on the FINAL date of passing thereof. READ A FIRST TIME THIS 8th DAY OF December, 2020 READ A SECOND TIME THIS 12th DAY January, 2021 READ A THIRD TIME AND PASSED THIS 12th DAY January, 2021 Scott Schroeder, Mayor    ## SCHEDULE "A" ## Prohibited Wastes and Restricted Wastes ## 1) Prohibited Wastes The following are designated as prohibited wastes: 1. Any matter in a concentration may cause a hazard to human health; 2. 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; 3. Any matter which by itself or in combination with another substance is capable of obstructing the flow of, or interfering with, the operation or performance of the wastewater system or the wastewater treatment facility, but not limited to: - a) agricultural waste; - b) animals, including fish and fowl and portions thereof that will not pass a two (2) centimeter screen; - C) ashes; - d) asphalt; - e) concrete and cement-based products; - f) diapers; - g) feminine hygiene products; - h) gardening wastes; - i) glass; - j) gravel; - k) metal; - 1) plastics; - m) rags and cloth; - n) rock; - 0) sand; - p) sharps and needles; - a) soil; - r) straw; - s) tar; - t) wash water from equipment used in mixing and/or delivering concrete and/or cement-based products; - u) wood, sawdust, or shavings from wood; 5. Any matter, other than domestic wastewater, which by itself or in combination with another substance is capable of creating an air pollution problem outside a sewage system or in and around a wastewater treatment facility; 4. Any matter with corrosive properties which, by itself or in combination with another Substance, may cause damage to any sewage system or wastewater treatment facility; 6. Any matter, other than domestic wastewater, which by itself or in combination with another substance is capable of preventing safe entry into a sewage system or wastewater treatment facility; 7. Any matter: - a) consisting of two (2) or more separate liquid layers; 8. Any matter which by itself or in combination with another substance is detrimental to the operation or performance of the sewage system, wastewater treatment facility, or to the environment, including but not limited to: - b) which when it comes in contact with storm water, clear-water waste or waste water is capable of forming a separate liquid layer; - a) biological waste; - b) elemental mercury; - c) paint, stains and coatings, including oil and water based; - d) prescription drugs; - e) used automotive and machine oils and lubricants; 9. Radioactive material in solid form; 10. Effluent from an industrial garbage grinder; 11. Any matter which may;  - a) cause a hazard to human health and that cannot be effectively mitigated by wastewater treatment; - b) cause a hazard to the environment; - c) cause a hazard to Village employees or contractors responsible for operating and maintaining the sewage system or the water treatment facility; - e) cause result in the wastewater being released by the Village's wastewater treatment facility being in contravention of provincial regulatory requirements; or - d) cause an adverse effect to the sewage system and or wastewater treatment facility; - f) restrict the beneficial use of biosolids from the Village's wastewater treatment facility. 12. Notwithstanding the above, the Village Administrator may prohibit or set discharge concentrations and/or limit the loading rate for any material or substance not included in this Bylaw where required to protect wastewater facilities or processes, meet effluent standards or other legislated requirements, or control biosolids quality. ## 2) Restricted Wastes The following are designated as a Restricted Waste when present in wastewater, storm water, subsurface water or clear-water waste being released to the sewage system unless specified otherwise: ## 1. a) Contaminates - Biochemical oxygen demand (B.O.D) - Chemical oxygen demand (C.O.D) - Oil and grease - Phosphorus (P) - Suspended solids (S.S) - Total Kjeldahl nitrogen (T.K.N) - b) Inorganic Constituents - Arsenic (As) - Cadmium (Cd) - Chlorine (free) (C12) - Chromium (hexavalent) (Cr+6) - Chromium (total) (Cr) - Cobalt (Co) - Copper (Cu) - Cyanide (Cn) - Lead (Pb) - Mercury (Hg) - Molybdenum (Mo) - Nickel (Ni) - Silver (Ag) - Sulphide (S-2) - Thallium (TI) - c) Organic Compounds - Hydrocarbons - Phenols - d) Physical Property - Temperature greater than 75 degrees Celsius 2. Radioactive materials in concentrations greater than allowed under the Atomic Energy Control Act and the Atomic energy Control Regulations as amended from time to time.