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MOUNTAIN VIEW COUNTY
BYLAW NO. 06/21
Water and Wastewater Utilities
Bylaw No. 06/21
Water and Wastewater Utilities
Page 1
Mountain View County
Province of Alberta
Bylaw No. 06/21
A BYLAW OF MOUNTAIN VIEW COUNTY IN THE PROVINCE OF ALBERTA TO REGULATE EXISTING
WASTEWATER SYSTEMS AND TO REQUIRE CONNECTION TO WASTEWATER AND WATER SYSTEMS
WHEN PROVIDED BY THE COUNTY.
SECTION 1 - AUTHORITY
1.01
The Municipal Government Act, Chapter M-26 Statues of Alberta 2000, and amendments
authorizes, by bylaw, provide services and facilities which are necessary or desirable for the
municipality.
1.02
Mountain View County may pass Bylaws respecting connection to public utilities.
1.03
Subject to Section 33 of the Municipal Government Act when a municipality provides a
Municipal Utility Service, the Council may by bylaw prohibit any person other than the
Municipality from providing the same or a similar type of utility services in all or part of the
Municipality.
1.04
Mountain View County deems it desirable to provide water and/or wastewater utilities in
areas of the municipality as determined by Council.
1.05
The provision of water and wastewater services supports the County's desire to provide
environmentally friendly developments.
1.06
This Bylaw may be cited as the Water and Wastewater Utilities Bylaw.
SECTION 2 - DEFINITIONS
2.01
In this Bylaw, unless the context otherwise requires:
a.
"Adjacent to a Property" means property that is contiguous to land on which a water
or wastewater main is constructed.
b.
"Council" means the Council of Mountain View County.
c.
"County" means the municipal corporation of Mountain View County, or the area
contained within the boundaries thereof, as the context requires.
d.
"Inter Alia" means "among other things", "for example" or "including".
e.
"Natural Outlet" means a natural watercourse, pond, ditch, lake or other body or
surface or groundwater.
f.
"Owner" means the person registered as the owner of a property pursuant to the
provisions of the Land Titles Act (Alberta) and shall include a person who is
purchasing a property under an Agreement for Sale.
g.
"Person" means any individual, partnership, firm, corporation, municipality,
association, society, political or other group and the heirs, executors, administrators
Bylaw No. 06/21
Water and Wastewater Utilities
Page 2
or other legal representatives of a person to whom the context can apply according to
law.
h.
"Polluted Water" means water that is contaminated with wastes.
i.
"Utility" means the corporation established by or contracted by the County to operate
the water and wastewater system.
j.
"Wastewater" means a combination of water-carried wastes from residences,
business buildings, institutions, industries and other establishments, together with
such ground, surface, and storm water as may be present.
k.
"Water" means water that is potable water.
l.
"Water/Wastewater Main" means water and sewer lines constructed by the Utility or
Mountain View County, and does not include transmission lines operating on an
intermittent basis.
SECTION 3 - WASTEWATER SERVICES
3.01
Restrictive Facilities
a.
Except as permitted in this Bylaw, no person shall construct or maintain any privy,
privy vault, septic tank, cess pool, field or other facility intended or used for the on-
site collection or disposal of wastewater.
3.02
Private Service:
a.
If property is not connected to and is not required to be connected to a sanitary
sewer system in accordance with this Bylaw, the buildings used for human
occupancy, employment, recreation or other purposes on such property shall be
connected to a private wastewater disposal system complying with the provisions of
this Bylaw and the Alberta Private Sewage Disposal Regulation.
b.
The type, capacity, location, and layout of a private wastewater disposal system shall
comply with all requirements of the Alberta Private Sewage Disposal Regulation.
c.
No person shall discharge into a natural outlet within the County, any wastewater or
other polluted water.
d.
The Owner of a property shall at all times operate and maintain in a sanitary manner,
any private waste water system located on such property.
3.03
Public Service:
a.
If a sanitary sewer system is to be constructed adjacent to a property on which a
private waste water disposal system is installed, the County, with the consent of the
Utility may give the Owner of the property notice to connect to the public sanitary
sewer system within sixty (60) days of such notice being given.
b.
If a sanitary sewer system is to be constructed within 0.8 kilometres (1/2 mile) to a
property when that property is accessed from a side road that intersects the road on
which the sanitary sewer system is installed, the County, with the consent of the
Utility may give the Owner of the property notice to connect to the public sanitary
sewer system within sixty (60) days of such notice being given.
Bylaw No. 06/21
Water and Wastewater Utilities
Page 3
c.
If such notice is given, the private waste water disposal system shall be abandoned,
cleaned of sludge and filled with dirt or pit-run gravel, or otherwise removed and
replaced with fill material approved by the County, at the Owner's expense.
d.
The Owner of each house or other building used for human occupancy, employment,
recreation or other purpose located on a property lying along and adjacent to a
sanitary sewer line is required to provide suitable wastewater facilities on their
property, at their sole cost, in order to connect to the sanitary sewer line.
e.
Costs for connection to the sanitary sewer system will be determined by the County
or the Utility at the time the sanitary sewer system is installed and will be paid for by
the Owner, at the time of connection. .
SECTION 4 - WATER SERVICES
4.01
Except as permitted by this Bylaw, no person shall use or operate an onsite private water
system.
4.02
If a property is not connected to and is not required to be connected to a water main, in
accordance with this Bylaw, a private water system may be utilized.
4.03
If a water main is constructed adjacent to a property on which a private water system is
installed, the County or Utility may give the Owner of the property notice to connect
building(s) located on his property directly with the water main within sixty (60) days of such
notice being given. Without restricting the generality of the foregoing, it is the intent of the
County to require such connection, inter alia, upon an intensification of use or development.
If such notice is given, the private water system shall be disconnected from the building(s)
located on the property and the wells shall be properly closed in accordance with provincial
guidelines.
4.04
If a water main is constructed within 0.8 kilometres (1/2 mile) to a property when the
property is accessed from the side road that intersects the road on which the water main is
installed, the County or Utility may give the Owner of the property notice to connect
building(s) located on his property directly with the water main within sixty (60) days of such
notice being given. Without restricting the generality of the foregoing, it is the intent of the
County to require such connection, inter alia, upon an intensification of use or development.
If such notice is given, the private water system shall be disconnected from the building(s)
located on the property and the wells shall be properly closed in accordance with provincial
guidelines. A water well used specifically for agriculture may continue to be used for
agricultural operations and agricultural residential purposes.
4.05
The Owner of any house or building not in existence at the time the water main is
constructed and used for human occupancy, employment, recreation or other purpose
located on the property lying along the line of any water main shall connect such house or
building directly with the water main.
4.06
Costs for connection to the main line will be determined by the County or the Utility at the
time the main line is installed and will be paid for by the Owner at the time of connection.
Bylaw No. 06/21
Water and Wastewater Utilities
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SECTION 5 - PENALTIES
5.01
Any Person who violates, contravenes or breaches any provision of this Bylaw is guilty of an
offense.
5.02
The County is authorized to enter onto and inspect any private property to make sure that the
provisions of this bylaw are being complied with.
5.03
A summons may be issued with respect to any breach of this Bylaw by means of a violation
ticket which shall be in the form prescribed by the Provincial Offences Procedures Act
(Alberta) or the regulations thereunder.
5.04
A summons shall state the specified penalty for the offence as provided in this Bylaw.
5.05
A summons shall be served as provided in the Provincial Offences Procedure Act.
5.06
If a Person wishes to plead guilty to an offence, such person may do so by a voluntary
payment by delivering the summons and an amount equal to the specified penalty for the
offence to the Office of the Provincial Court.
5.07
A Person who violates any provision of this Bylaw shall be liable to pay:
a.
For the first offence, a specified penalty in the sum of $250.00, or upon summary
conviction, a fine of not less than $250.00 and not more than $2,000.00 or six
months imprisonment.
b.
For a second offence, a specified penalty in the sum of $300.00, or upon summary
conviction, a fine of not less than $300.00 and not more than $2,000.00 or six
months imprisonment.
c.
For a third or subsequent offence, a specified penalty in the sum of $350.00, or
upon summary conviction, a fine of not less than $350.00 and not more than
$2,000.00 or six months imprisonment.
SECTION 6 - SEVERABILITY
6.01
Should any clause or part of this Bylaw be found to have been improperly enacted, for any
reason, then such clause or part shall be regarded as being severable from the rest of this
Bylaw and the Bylaw remaining after such severance shall be effective and enforceable as if
the clause or part found to be improperly acted had not been enacted as part of this Bylaw.
SECTION 7- REPEAL OF BYLAW
7.01
Bylaw No. 21/08 is hereby repealed.
Bylaw No. 06/21
Water and Wastewater Utilities
Page 5
SECTION 8- EFFECTIVE DATE
8.01
This Bylaw shall come into effect at such time as it has received third (3rd) reading and has
been signed in accordance with the Municipal Government Act.
Read the first time this 27th day of January 2021.
Read the second time this 27th day of January 2021.
Read the third time this 10th day of February 2021.
Reeve
Chief Administrative Officer
February 10, 2021
Date of Signing