Municipal District of Pincher Creek No. 9, Alberta
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MUNICIPAL DISTRICT OF PINCHER CREEK NO. 9
IN THE PROVINCE OF ALBERTA
BYLAW No. 1344-22
BEING a Bylaw of the Municipal District ofPincher Creek No. 9 in the Province of Alberta,
for the purpose of regulating and providing for the tenns, conditions, rates and charges for
the supply and use of water services, wastewater services and solid waste services provided
by the Municipal District ofPincher Creek No. 9.
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 of the Municipal Government Act a council of a
municipality may pass bylaws for municipal purposes respecting public utilities and the
enforcement of bylaws;
NOW THEREFORE the Council of the Municipal District ofPincher Creek No. 9, in the
Province of Alberta, duly assembled, enacts as follows:
PART I - TITLE AND DEFINITIONS
1. Bylaw Title
This Bylaw shall be known as "The Utilities Bylaw".
2. Definitions and Interpretation
(1) In this Bylaw, unless the context otherwise requires:
(a) "Account" means an agreement between a Customer and the MD for the
supply of Utility Services of which the terms of this Bylaw shall form a part
and includes the amounts payable from time to time by the Customer to the
MD, as the context requires;
(b) "Additional Overstrength Surcharge" means a rate, fee or charge imposed
upon a Person who releases Wastewater to the Wastewater System that
exceeds one or more constituent concentrations set out in Schedule "G";
(c) "Bulk Waste" includes furniture, appliances, mattresses, bicycles, or other
oversize items not capable of being placed in a Waste Receptacle or a Garbage
bag for collection;
(d) "Chief Administrative Officer" or "CAO" means the Chief Administrative
Officer of the MD or the Chief Administrative Officer's delegate;
(e) "Cistem" means a waterproof holding tank or receptacle for holding potable
water to meet on Property water demand;
(f) "Collection Area" means, in respect to Solid Waste Services, the hamlets of
Lundbreck and Beaver Mines;
(g) "Collection Schedule" means the set schedule regarding the provision of
Solid Waste Services approved by the Chief Administrative Officer for the
collection of Household Waste within the Collection Area and from Properties
authorized by the Chief Administrative Officer to receive Solid Waste
Services;
(h) "Commercial Waste" means any Waste, other than Household Waste,
generated by commercial, industrial, institutional, community, governmental,
religious or charitable organizations;
(i) "Construction Waste" means any Waste generated by constructing, altering,
repairing or demolishing any structure;
Bylaw No. 1344-22 Page 1 of 44
(j) "Council" means the council of the Municipal District ofPincher Creek No.
9;
(k) "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;
(1) "Cross Connection Control Device" means a testable CSA certified device
that prevents the backflow of water;
(m) "Curb Stop" means a valve connected to a Service Connection enabling the
turning-on and tuming-offofthe water supply to a Customer's Property;
(n) "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;
(o) "Distribution System" means the portion of a water supply system whose
primary purpose is to convey potable water from the Transmission System
under controlled flow and pressure conditions to Customer Property. Small
diameter Water Main's with many Service Connections;
(p) "Dwelling" means a private residence with sleeping and cooking facilities
used or intended to be use as a residence;
(q) "Engineering Design Standards" means the MD's Minimum Engineering
Design Standards, or in the absence of such standards, generally accepted
municipal engineering standards;
(r) "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;
(s) "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 MD that is used to produce
and supply potable water to Customers; or
(ii) the Wastewater System, 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
MD that is used for the collection, transmission, treatment and disposal
of Wastewater; as the context requires.
(t) "Garbage Bag" means a non-retumable plastic bag meeting the following
specifications:
(i) made from sturdy material which is strong enough to withstand normal
handling and lifting;
(ii) can be securely tied at the top;
(iii) is in good condition, free from rips and tears; and
(iv) not exceeding 20 kilograms including its contents.
Bylaw No. 1344-22 Page 2 of 44
(u) "Hazardous Waste" has the same meaning as in the Environmental Protection
and Enhancement Act and associated regulations;
(v) "Household Waste" means unwanted refuse or materials intended for disposal
generated by normal human living processes and domestic activities;
(w) "Ion Exchange Water Softener" means any water treatment device that
exchanges the naturally-occumng minerals in water with salt or any other
chemical in the process called ion exchange;
(x) "Liquid Waste" means any Waste, other than Hazardous Waste, having a
moisture-content in excess of 30%;
(y) "MD" means the municipal corporation of the Municipal District ofPincher
Creek No. 9 and its duly authorized employees, agents, contractors and other
representatives or the geographic area contained within the boundaries
thereof, as the context requires;
(z) "Meter" means the individual or compound water meter, of a make and model
approved by the MD, and all other equipment and instruments, including but
not limited to, radio frequency units and remote meter reading devices
supplied and used by the MD to calculate and register the amount of water
consumed relative to the land and buildings that the Meter is designed to
monitor;
(aa) "Multiple Dwelling" means a wholly or partially residential development
containing more than one Dwelling, whether or not the development is within
a single building;
(bb) "Non-Residential Premises" means any building that is used for commercial,
industrial or institutional purposes and does not include Residential Premises;
(ec) "Occupant" means a Person occupying a Property, including a lessee or
licensee, who has actual use, possession or control of the Property;
(dd) "Overstrength" means Wastewater released to the Wastewater System that
is higher in concentration for one or more constituent concentrations set out
in Schedule "G" of this Bylaw;
(ee) "Overstrength Surcharge" means a rate, fee or charge imposed upon a Person
who releases Wastewater to the Wastewater System that exceeds one or more
constituent concentrations set out in Schedule "G";
(ff) "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;
(gg) "Peace Officer" includes a Bylaw Enforcement Officer appointed by the
MD, a Community Peace Officer whose appointment includes enforcement of
the MD's Bylaws and a member of the Royal Canadian Mounted Police;
(hh) "Person" means any individual, firm, partnership, association, corporation,
trustee, executor, administrator or other legal representative to whom the
context applies according to law;
(ii) "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;
Bylaw No. 1344-22 Page 3 of 44
(jj) "Private Wastewater Disposal System" means an on-site Wastewater
treatment system for the treatment and disposal of Wastewater that is not
connected to the Wastewater System, as defined in the Alberta Private Sewage
Systems Standard of Practice 2015 adopted by the Private Sewage Disposal
Systems Regulation;
(kk) "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 MD;
(11) "Property" means:
(i) in the case of land, a parcel of land including any buildings; or
(ii) in other cases, personal property;
(mm) "Recreational Vehicle" means a vehicular or trailer type unit designed to
provide temporary living quarters for recreational, camping, travel or seasonal
use;
(nn) "Residential Premises" means any building that is used as a Dwelling and
includes a Multiple Dwelling;
(00) "Redevelopment" means construction of new residence or dwelling within
a lot or parcel, typically after demolishing the existing buildings; or addition
to existing dwelling resulting in intensification beyond original intended use.
(pp) "Rural" means locations outside of Hamlet boundaries within the MD;
(qq) "Service Connection" means all of the Facilities required to achieve a
physical connection between:
(i) the MD'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 Semce Line and a Private Water Line; or
(ii) the MD'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
Drainage Line; as the context requires;
(rr) "Solid Waste Services" means the collection of Household Waste from
Properties within the Collection Area or other Properties authorized by the
Chief Administrative Officer;
(ss) "Subsidiary Meter" means a privately owned Meter installed on Property at
the Customer's expense and utilized strictly for the Customer's purposes;
(tt) "Terms and Conditions" means the terms and conditions in respect of Water
Services, Wastewater Services and Solid Waste Services described in
Schedules "A", "B", "C", "D", "E", "F", and "G";
(uu) Transmission System" means any piping whose primary purpose is to
convey treated water from the water treatment equipment or pumping stations
to the Distribution System, reservoirs, tanks, and bulk fill stations serving an
area. Large diameter pipe with minimal connections;
(vv) "Utility Services" means Water Services, Wastewater Services or Solid
Waste Services or any combination of them;
(ww) "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 6 of this Bylaw;
Bylaw No. 1344-22 Page 4 of 44
(xx) "Violation Ticket" has the same meaning as in the Provincial Offences
Procedure Act;
(yy) "Waste" means any discarded material intended for disposal and includes
but is not limited to Bulk Waste, Commercial Waste, Construction Waste,
Hazardous Waste, Household Waste and Liquid Waste;
(zz) "Waste Collection Fee" means the fixed monthly service fee charged to the
Owner of a Property that is provided Solid Waste Services;
(aaa) "Waste Collector" means any authorized employee or agent of the MD
performing Waste collection activities;
(bbb) "Waste Receptacle" means a sturdy reusable container of rust resistant
material, of a tapered cylindrical design, having a smooth rim, two rigid fixed
handles and a removable watertight lid, and meeting the following
requirements:
(i) not exceeding 20 kilograms including its contents;
(ii) no smaller than 60 liters and no larger than 100 litres; and
(iii) in a safe, serviceable condition.
(eec) "Wastewater" means the composite of water and water-camed wastes
associated with the use of water for drinking, food preparation, washing,
hygiene, sanitation or other domestic purposes, but does not include
wastewater from industrial processes;
(ddd) "Wastewater Main" means those pipes installed for the collection and
transmission of Wastewater within the MD to which a Service Connection
may be connected;
(eee) "Wastewater Service Line" means that portion of a Service Connection
owned by the MD that extends from the Wastewater Main to the property line
of a Property that receives, or is to receive, Wastewater Services;
(fff) "Wastewater Services" includes the collection, transmission, treatment and
disposal of Wastewater, as applicable, and associated services offered to the
Customer under this Bylaw;
(ggg) "Wastewater System" means the Facilities used by the MD for the
collection, transmission, treatment and disposal of Wastewater, which is
deemed to be a municipal public utility within the meaning of the Municipal
Government Act;
(hhh) "Water Conservation and Demand Management Measures" means
restrictions upon the use of water for non-essential purposes, including but not
limited to: irrigation, watering livestock, 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;
(iii) "Water Main" means those pipes installed for the conveyance of potable
water within the MD to which Service Connections may be connected;
(jjj) "Water Service Line" means that portion of a Service Connection owned by
the MD that extends from the Water Main to the property line of a Property
that receives, or is to receive, Water Service;
(kkk) "Water Services" means the provision of potable water by the MD to a
Customer's Property and associated services offered to the Customer under
this Bylaw;
(Ill) "Water System" means the Facilities used by the MD to supply potable water
to Customers, which is deemed to be a municipal public utility within the
meaning of the Municipal Government Act.
Bylaw No. 1344-22 Page 5 of 44
(2) In this Bylaw, a citation of or reference to any act or regulation of the Province of
Alberta or of Canada, or of any other bylaw of the MD, is a citation of or reference to
that act, regulation, or bylaw as amended or replaced.
Bylaw No. 1344-22 Page 6 of 44
PART H - PROVISION OF UTILITY SERVICES
3. Other Public Utilities Prohibited
The MD or its authorized representatives shall be the exclusive provider of Utility
Services, where available, to eligible Customers within the boundaries of the MD.
4. Terms and Conditions
All Utility Services shall be provided in accordance with Schedules "A", "B", "C", "D",
"E", "F", and "G" as applicable.
Nothing in this Bylaw relieves a Person from complying with any provision of any
federal or provincial law or regulation, other bylaw or any requirement of any lawful
permit, order, or license.
5. Fees and Charges
(1) The MD will provide Utility Services to Customers within the MD at the rates, fees
or other charges specified in Schedule "E", as may be amended by Council from time
to time.
(2) Subject to subsection (3), additional services provided by the MD to a Customer
will be billed to the Customer in accordance with an agreement between the Customer
and the MD.
(3) 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 MD'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 MD.
(4) If a Property is required to connect to the Water System, pursuant to section 2(1) of
Schedule "B" of this Bylaw, and the Wastewater System, pursuant to section 2(1) of
Schedule "C" of this Bylaw, and the Owner of that Property connects to both of those
systems within 9 months of the Chief Administrative Officer providing notice of a date
to connect to those systems, the MD will waive the fee for the initial Supply of the
Meter as set out in Schedule "E" of the Bylaw.
6. Utility Services Guidelines
(1) Subject to subsection (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 Services Guidelines may
deal with any or all of the following subject matters:
(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;
(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 fall, lost bills, dishonoured
Bylaw No. 1344-22 Page 7 of 44
cheques, collection of delinquent Accounts, adjusting improperly billed
Accounts, Utility Services application fees, handling of confidential Customer
Account information, closing an Account, and any other matter relating to
Customer Accounts;
(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 or Subsidiary Meters, remote meter reading devices,
relocation of meters, access for meter readers, and adjustments to bills when
meters have malfunctioned;
(d)procedures or requirements concerning investigating Customer complaints
and concerns;
(e)procedures or requirements for provision of temporary Water Services,
including without limitation Water Services provided during the construction
phase of a development;
(f) procedures or requirements that a Customer must comply with in order to
access a MD bulk water station;
(g)procedures or requirements for upgrading, re-sizing, relocating or otherwise
changing a Service Connection, whether at the instigation of the MD or at the
request of a Customer;
(h)the tum-on and turn-off of Water Services, whether at the instigation of the
MD 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.
7. Notices
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:
(l)personally;
(2)by e-mail if the Customer has consented to receive documents from the MD
by e-mail and has provided an e-mail address to the MD for that purpose;
(3)by mailing or delivering a copy of the notice to the last known address of the
Customer as disclosed in the MD's assessment roll for the Property; or
(4) if the Customer does not answer the door, by placing the written notice on the
door of the Property.
8. Authority of the Chief Administrative Officer
(1) Without restricting any other power, duty or function granted by this Bylaw,
Council is authorized to delegate any powers, duties or functions under this Bylaw to
the Chief Administrative Officer.
(2) 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.
Bylaw No. 1344-22 Page 8 of 44
PART HI - ENFORCEMENT
9. Offence
A Person who contravenes any provision of this Bylaw is guilty of an offence.
10. Continuing Offence
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.
11. Vicarious Liability
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.
12. Corporations and Partnerships
(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.
13. Fines and Penalties
(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 Violation Tickets, if a voluntary payment option is offered, are as set out in
Schedule "F".
14. Violation Ticket
(1) A Peace Officer is hereby authorized and empowered to 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.
(2) 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;
(a) specify the fine amount established by this Bylaw for the offence; or
(b)require a Person to appear in court without the alternative of making a
voluntary payment.
15. Voluntary Payment
A Person who commits an offence may:
(1) if a Violation Ticket is issued in respect of the offence; and
Bylaw No. 1344-22 Page 9 of 44
(2) 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.
16. Obstruction
No Person shall obstruct, hinder or impede any authorized representative of the MD in
the exercise of any of their powers or duties pursuant to this Bylaw.
Bylaw No. 1344-22 Page 10 of 44
PART IV - GENERAL
17. Schedules
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 ofWastewater Services;
(d) Schedule "D" - Terms and Conditions of Solid Waste Services;
(e) Schedule "E" - Rates, Fees and Charges;
(f) Schedule "F" - Specified Penalties; and
(g) Schedule "G" - Wastewater Overstrength Limits
18. Severability
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.
19. Repeal
This Bylaw repeals Bylaw 1320-20 The Utilities Bylaw.
20. Enactment
This Bylaw takes effect upon being passed.
READ a first time this 22nd day of November, 2022.
A PUBLIC HEARING was held this 10th day of January, 2023.
READ a second time this 14th day of_Febrya]Y, 2023.
READ a third and time and finally PASSED on the 28th day of_Februar)_, 2023.
Reeve,
Rick Lemire
Chief Administrative Officer,
Roland Milligan
Bylaw No. 1344-22 Page 1 1 of 44
SCHEDULE"A"
GENERAL TERMS AND CONDITIONS OF UTILITY SERVICES
PART I - GENERAL WATER, WASTEWATER AND SOLID WASTE PROVISIONS
1. Duty to Supply
(1) The MD 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 MD situated along a Water Main owned and operated by the MD.
(2) The MD 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 MD situated along a Wastewater Main owned and operated by the MD.
(3) The MD shall continue, insofar as is reasonably practicable, to supply Solid Waste
Services, upon such terms as Council considers advisable, to any Customer within the
Collection Area.
(4) All Utility Services provided by the MD 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 MD.
2. No Guarantee of Continuous Supply
(1) The MD will endeavor to provide a continuous supply ofpotable water. However,
the MD does not guarantee or warrant the continuous supply ofpotable water and the
MD 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 or who require or have processes or equipment that require particularly clear or
pure water shall provide such facilities, as they are considered necessary, to ensure a
continuous and uninterrupted supply, pressure or quality of water required for this use.
The MD assumes no responsibility for same.
(3) The MD will endeavor to provide a continuous capacity to collect, store and
transmit Wastewater. However, the MD does not guarantee or warrant the continuous
capacity to collect, store and transmit Wastewater and the MD reserves the right to
restrict the availability ofWastewater Services or to disconnect or shut-offWastewater
Services, in whole or in part, with or without notice, in accordance with this Bylaw.
(4) The MD does not guarantee or warrant the continuous capacity to collect, store and
handle Solid Waste and the MD reserves the right to restrict the availability of Solid
Waste Services or to discontinue Solid Waste Services, in whole or in part, with or
without notice, in accordance with this Bylaw.
(5) The MD shall not be liable for any damages caused by the provision of Utility
Services, including without limitation losses caused by a break within the MD'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 MD's Water System or Wastewater System, or generally for any
accident due to the operation of the MD's Water System, Wastewater System or Solid
Waste Services or for the disconnection of a Service Connection or shut-offofa Utility
Service, nor by reason of the water containing sediments, deposits, or other foreign
matter.
(6) The MD will restore Water and Wastewater Main service interruptions when it is
safe and practical to complete such work.
(7) In the case of extended interruptions, the MD will make reasonable efforts to supply
Utility Services to Customers through alternative means.
Bylaw No. 1344-22 Page 12 of 44
PART II - SERVICE CONNECTIONS
3. Application for Service Connection
(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, or adopted by, the Chief Administrative Officer, paying all associated
fees and supplying information regarding the location of the Property to be served, the
manner in which the Service 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 infonnation, the Chief
Administrative Officer will advise the Customer whether and on what terms the MD 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.
4. Easements and Rights-of-Way
At the request of the Chief Administrative Officer, the Customer shall grant or cause
to be granted to the MD, without cost to the MD, such easements or rights-of-way over,
upon or under Property owned or controlled by the Customer as the MD may
reasonably require for the construction, installation, maintenance, repair, and operation
of the Water System or Wastewater System.
5. Design and Engineering Requirements for Service Connections
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
MD may reasonably require, signed and sealed by a professional engineer.
6. Construction of Service Connections
(1) The MD shall provide and install all Facilities up to the property line, but the
Customer shall be responsible for, and shall pay, for the provision and installation of
the Water Service Line or Wastewater Service Line as set out within Schedule "E".
(2) The MD shall waive customer costs set out in subsection (1) if a Customers Service
Connection is part of the Hamlet of Beaver Mines Distribution System, construction is
a part of the bulk construction, and construction has occurred prior to December 31 ,
2023. Those costs will be paid for by the MD due to the bulk of the construction being
installed under the MD's supervision with use of grant funding to complete the work.
(3) 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:
(a) shall ensure that the Customer's proposed Private Water Line or Private
Drainage Line, as applicable receives approval from the MD prior to
construction;
(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
(c) shall not backfill the excavation until such time as the MD has inspected and
approved of the work.
Bylaw No. 1344-22 Page 13 of 44
(4) If an excavation is backfilled in contravention of subsection (3)(c), the Chief
Administrative Officer may, in addition to any other rights and remedies that may be
available to the MD, require the Customer in question to dig out and expose the said
work at the Customer's cost.
7. Repair and Maintenance of Water and Wastewater Service Lines
(1) The MD is responsible for the repair, maintenance, and replacement of Water
Service Lines and Wastewater Service Lines, including the thawing of frozen lines up
to and including the Curb Stop. Should the damage to the Water or Wastewater Service
Line be caused by the negligence or improper action of the Owner or Customer, the
Customer shall be responsible for, and shall pay, all costs incurred by the MD in
connection with the maintenance, repair or replacement of the Water Service Line and
Wastewater Service Line serving the Customer's Property.
8. Repair and Maintenance of Private Drainage and Water Lines
(1) The Customer is responsible for the repair, maintenance and replacement of the part
of the Water Service Connection on the Customers side of the Curb Stop and the
Wastewater Service Connection located on the Customer's Property, and for all
associated costs. This includes the Private Water and Drainage Lines and the Customer-
side portion of the Service Connection on MD property (if the Curb Stop is located on
MD property) and any pressure reducing valves or Meter vaults.
(2) Repair of Service Connections as described in subsection (1) as a Customer
responsibility:
(a) Where the exact location of a problem cannot be determined on the Customer
or MD-side of responsibility, the MD may undertake to determine the location
of the problem.
(b)If the problem exists on the MD Curb Stop or on the MD-side of Service
Connection responsibility as described in subsection (1), the MD will continue
to complete repairs; and
(c) If the problem is found to exist on Customer-side of Service Connection
responsibility as described in subsection (1), the Customer shall be responsible
for the costs incurred by the MD to that point and shall be responsible for the
completion of repairs.
(3) Where the Customer undertakes the repair of a Service Connection and finds that
the problem exists on the portion of line for which the MD is responsible, the MD may
complete the repairs.
(4) Customers shall ensure that the Curb Stop remains accessible and exposed. WTiere
the Customer or occupier damages or causes the Curb Stop to become inoperative, the
Customer shall be responsible for repair or replacement costs incurred by the MD.
(5) The Customer shall be responsible for clearing any blockages in Private Drainage
Lines.
(6) The Chief Administrative Officer may require a Customer to perform work
described in subsection (1) 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 Wastewater System, as applicable.
(7) Where the Chief Administrative Officer requires a Customer to perform work
pursuant to subsection (6), the Chief Administrative Officer shall establish a deadline
by which the work in question must be completed by the Customer.
(8) If a Customer fails to complete, by the deadline established under subsection (7),
all work required by the Chief Administrative Officer, to the satisfaction of the Chief
Administrative Officer, the MD may, at its option, and in addition to any other remedy
available, enter onto the Customer's Property and perform the said work.
Bylaw No. 1344-22 Page 14 of 44
(9) The Customer shall pay all costs incurred by the MD in performing work pursuant
to subsection (8).
9. Customer Responsibility for Service Connection
(1) The Customer assumes full responsibility for the proper use of any Service
Connection and any Utility Services provided by the MD 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.
10. Compliance with Requirements and Use of Service Connection
(1) A Customer shall ensure that the Customer's facilities comply with the requirements
of this Bylaw, all applicable statutes, regulations, codes, and standards and with the
MD'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.
11. Abandonment of Service Connection
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.
12. Ownership of Facilities
(1) The MD retains ownership of all Facilities necessary to provide Utility Services to
a Customer, up to the property line, as well as the Curb Stop and Meter even if located
on the Customer's Property, unless a written agreement between the MD and a
Customer specifically provides otherwise.
(2) Payment made by a Customer for costs incurred by the MD for supplying and
installing Facilities does not entitle the Customer to ownership of any such Facilities,
unless a written agreement between the MD and the Customer specifically provides
otherwise.
13. Access to Facilities
(1) No Person shall obstruct or impede the MD'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 MD'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 MD's Facilities or result in noncompliance 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
Bylaw No. 1344-22 Page 15 of 44
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.
14. Interference with or Damage to Facilities
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 MD, except as authorized by the Chief
Administrative Officer.
15. Protection of Facilities on Customer's Property
The Customer shall furnish and maintain, at no cost to the MD, 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.
16. Customer to Pay Relocation Costs
The Customer shall pay all costs of relocating the MD'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 MD, the
Customer shall pay the estimated cost of the relocation in advance.
17. Prohibited Extension of Customer Owned Facilities
A Customer shall not extend or permit the extension of a Private Water Line, Private
Drainage 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.
Bylaw No. 1344-22 Page 16 of 44
PART III - UTILITY ACCOUNTS
18. Requirement for Account
(1) The Owner of a Property shall apply for an Account with the MD, in a form
acceptable to the MD, 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 MD 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) 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 MD of this and apply for an Account with the MD, failing which
the MD may deem an application to have been received from the Owner of the Property
and open an Account in the Owner's name.
(5) Upon the change of ownership of a Property supplied with Utility Services, the new
Owner shall apply for an Account with the MD, failing which the MD 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.
19. Security Deposits
(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 and the Customer's Account is closed. Where a
Customer's Utility Services are terminated and the Customer's Account is closed for
non-payment, prior to any refund, the security deposit will be applied to the balance
owing by the Customer to the MD.
(4) The MD is not obliged to pay interest on any security deposit held by the MD to a
Customer.
20. Obligation to Pay
(1) The Chief Administrative Officer may add to a Customer's Account the charges for
all Utility Services provided by the MD 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 because of any
interruption of Utility Services supplied to or made available for use by any Customer
due to any cause whatsoever.
(4) Billing shall be in accordance with the following:
(a) The amount of the billing shall be based upon the rates, fees and charges set
out in this Bylaw, including, without restriction. Schedule "E";
Bylaw No. 1344-22 Page 17 of 44
(b)Customers shall be billed bi-monthly, or at such frequency as may be
determined by the Chief Administrative Officer, in his or her discretion;
(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;
(d) Where a Meter reading is not obtainable a water consumption estimate may,
at the Chief Administrative Officer's discretion, be used;
(e) Where water consumption cannot be measured because a Meter has not been
installed and Utility Service cannot be shut-offat the Curb Stop, the Customer
will be charged the rates applicable to an "Unmetered Services" for Water
Services.
(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 non-consumption 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) Every Owner of a Property receiving Solid Waste Services shall pay the applicable
rates, fees and charges for Solid Waste Services as set out in this Bylaw.
(7) Payment on Accounts may be made to the MD at such locations designated, and
under any payment methods approved, by the Chief Administrative Officer from time
to time.
21. Past Due Accounts
(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 MD 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 MD and is recoverable by any or all of the
following methods, namely:
(a) by action, in any Court of competent jurisdiction;
(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;
(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 Act.
22. Discontinuance of Utility Services
(1) In addition to any other remedy available, 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, without prior
notice to the Customer, discontinue the provision of Utility Services to a Customer or
Property.
(2) In addition to any other remedy available, the Chief Administrative Officer may
discontinue the provision of Utility Services to a Customer or Property after providing
forty-eight (48) hours advance notice to the Customer in the following circumstances:
Bylaw No. 1344-22 Page 18 of 44
(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 MD for the provision of Utility Services; or
(d)any other similar circumstances to those described above that Council or the
Chief Administrative Office determines, in their discretion, acting reasonably,
require the discontinuance of Utility Services upon forty-eight (48) hours'
notice.
(3) When Utility Services are to be discontinued pursuant to subsection (1) or (2), the
Chief Administrative Officer may use any means to discontinue the Utility Services,
including, without restriction, disconnecting, shuttmg-off or sealing a Service
Connection.
(4) The MD may impose, upon Customers, fees and charges, as set out in this Bylaw,
for the discontinuance or disconnection of Utility Services and for the restoration or
reconnection of Utility Services and may, in addition, require the Customer to
reimburse the MD for any costs incurred by the MD in taking action under this section.
(5) Before the MD restores or reconnects Utility Services, the Customer shall pay:
(a) any amount owing to the MD for the provision of Utility Services;
(b)any amount owing pursuant to subsection (4); and
(c) any applicable security deposit.
23. Customer Requested Temporary Turn-off
(1) A Customer may request the MD to temporarily tum-offthe water supply to the
Customer's Property at the Curb Stop, subject to payment of the applicable fees and
charges provided for in this Bylaw.
(2) A temporary tum-off of the water supply does not relieve the Customer from the
obligation to pay any fixed rates or other charges associated with the Customer's
Property being connected to the Water System.
24. The MD's Right of Entry
(1) As a condition of receipt of Utility Services and as operational needs dictate,
authorized representatives of the MD 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:
(a) installing, inspecting, maintaining, replacing, testing, monitoring, reading or
removing any facilities associated with the Water System or Wastewater
System;
(^investigating or responding to a Customer complaint or inquiry;
(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:
Bylaw No. 1344-22 Page 19 of 44
(a) in cases of an Emergency;
(b)where entry is permitted by order of a court or other authority having
jurisdiction;
(c) where otherwise legally empowered to enter;
(d)where the purpose of the entry is in accordance with subsection (l)(c) above.
(3) No Person shall hinder or prevent an Inspector from carrying out any of the Chief
Administrative Officer's duties under this Bylaw.
(4) The Customer shall pay a no access fee sufficient to cover the MD's reasonable out-
of-pocket and administrative costs, if the MD'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.
25. Removal ofMD Facilities
Where any Customer discontinues Utility Services furnished by the MD, or the MD
lawfully refuses to continue any longer to supply it, any authorized representative of
the MD may at all reasonable times enter the Customer's Property to remove any
Facilities in or upon such Property.
26. False Information
No Person shall supply false information or make inaccurate or untrue statements in a
document or information required to be supplied to the MD pursuant to this Bylaw.
Bylaw No. 1344-22 Page 20 of 44
SCHEDULE"B"
TERMS AND CONDITIONS OF WATER SERVICES
PART I - GENERAL WATER SERVICES PROVISIONS
1. Water Conservation and Demand MEanagement 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 MD.
(2) All water restrictions shall be duly advertised by posting on the MD's website or by
use of local media, social media, print 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.
2. Requirement to Connect to Water System
(1) Subjectto subsection (3), all developed Properties adjacent to a Distribution System
Water Main must connect to the Water System on or before a date set by Council or
the Chief Administrative Officer.
(2) 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.
(3) Council or the Chief Administrative Officer may, at their discretion, exempt a given
developed Property, new development or redevelopment from the connection
requirement established by subsection (1) or (2), as applicable.
(4) Where an exemption has been granted under subsection (3), Council or 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 Council or
the Chief Admmistrative Officer.
(5) 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 MD may enter onto the
Property in question and, at the Owner's sole expense, take any and all steps that the
MD considers necessary to connect that Property to the Water System, including,
without restriction, constructing a Private Water Line and related facilities on the
Property.
3. Alternate Water Supply
(1) No Person shall cause or allow an alternate water supply such as a well, spring, or
other source of water supply to be connected, directly or indirectly, to the Water
System.
4. Resale and Supply of Water
No Person shall, unless authorized by the Chief Administrative Officer in writing:
(1) resell water obtained from the Water System to any other Person;
(2) supply water obtained from the Water System to any Person who intends to
sell the water; or
(3) supply water from the Water System to any Property that could be supplied
with water through its own Service Connection.
Bylaw No. 1344-22 Page 21 of 44
5. Unauthorized Use of Water
(1) No Person shall use water from the Water System, or allow water obtained from
the Water System to be used:
(a) in a manner that will impede water use by other Customers;
(b)in a manner that is wasteful;
(c) unless an Account has been opened by the Customer;
(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
(e) in any other unauthorized manner.
(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 MD'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 MD.
(4) A Person that uses water in contravention of this section shall pay the following
charges:
(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;
(b)all costs incurred by the MD in dealing with the contravention; and
(c) any other applicable fees or charges provided for in this Bylaw.
6. Authorizations and Approvals for Private Water Line
(1) Except where the MD has caused the installation to be performed by a private
contractor, in accordance with this Bylaw, 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 MD 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-of-way agreements, and all of the MD's requirements applicable to the
installation and operation of the Private Water Line. The MD reserves the right, but is
not obligated, to verify that all necessary authorizations have been obtained by the
Customer.
7. Temporary Water Services
The M.D may provide temporary Water Services wherever practicable to a Customer
for puq^oses 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
(1) a MD final inspection is issued for the development; or
Bylaw No. 1344-22 Page 22 of 44
(2) the development is being used for its intended purpose; whichever event
occurs first.
8. Bulk Water
(1) The MD may, at its discretion, make water available for sale at MD bulk water
stations.
(2) The MD is not obligated to supply water at its bulk water stations and the supply of
water may be interrupted for any reason.
9. Transmission System Service Connections
(1) The flow rate for any Transmission System Service Connection shall be 4 Litres
per minute. All Service Connections on Rural Property and Redevelopments on Rural
Property must be connected to a Cistem, Pressure Reducing Valve (PR V), and Flow
Restriction device for pressurization of the Private Water Line, except as agreed to in
writing by the Chief Administration Officer. Connections shall meet and adhere to
currently effective Alberta plumbing codes and bulletins, and Part W of this Bylaw
regarding Cross Connection.
(2) Existing Transmission System Service Connections without a separate Agreement
under subsection (1) that do not meet the requirements of subsection (1) shall be
considered Schedule E "Residential - Non Cistem" rate Customers.
(3) Transmission System Service Connections are for residential, domestic, and
municipal use only. Any Commercial or Agriculture use of water from the MD's Rural
Transmission System is unauthorized use and enforceable under Schedule F.
Bylaw No. 1344-22 Page 23 of 44
PART II -WATER METERS
10. Provision and Ownership of Meters
(1) All water supplied by the MD 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) The MD shall, at the Customer's sole cost, supply one or more Meters for the
purpose of measuring the volume of water delivered to a Customer by way of a Service
Connection. Each Meter shall remain the sole property of the MD, notwithstanding the
Customer has paid all applicable fees and charges of supply, 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.
(4) If a Customer fails or refuses to permit a Meter to be installed on the Customer's
Property, as required by this section, the MD may, without restricting any other
remedies provided for in this Bylaw or by statute or under the common law, charge the
Customer for Water Services at the rates prescribed in this Bylaw for an "Unmetered
Service".
11. 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 MD
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.
12. General Meter Restrictions
(1) Unless written authorization is provided by the Chief Administrative Officer, no
Person other than an authorized agent of the MD 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 all applicable fees
and charges for the Meter removal, repair and reinstallation or for 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.
13. Access to IVIeters
(1) 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.
(2) The Chief Administrative Officer may schedule and administer regular
maintenance, inspection and replacement programs for Meters.
14. Remote JMeter Reading
(1) Without limiting the generality of section 12 of this Schedule, the Chief
Administrative Officer may, at any reasonable time, and at the Customer's sole cost,
Bylaw No. 1344-22 Page 24 of 44
replace a Meter, or require a Meter to be replaced, with a Meter capable of being read
remotely.
(2) If a Customer denies the Chief Administrative Officer access to the Customer's
premises or in any way hinders or obstructs the Chief Administrative Officer's
installation of a Meter that can be read remotely, or refuses to replace a Meter with a
Mleter that can be read remotely when required by the Chief Administrative Officer,
then, without limiting any other remedy available pursuant to this Bylaw, by statute or
common law, the Customer may be deemed to be an "Unmetered Service" and charged
accordingly for Water Services even if the Customer has a pre-existing Meter.
15. JVIeter Readings
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 MD as a result of the
Customer failing to provide or allow the MD access to the Meter during a billing period:
(1) 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
(2) in the case where the Customer does not contact the Chief Administrative
Officer within two (2) working days, the MD 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.
16. Meter Testing
(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:
(a) the MD shall waive the Meter Test Charge set forth in Schedule "E" of this
Bylaw; and
(b) the MD shall repair or replace, or require a Meter to be replaced, and perform
any required testing; and
(c) 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 MD 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.
Bylaw No. 1344-22 Page 25 of 44
17. Circumvention of Meter
(1) If under any circumstances, a Person other than an authorized agent of the MD
prevents a Meter from accurately recording the total volume of water supplied, the MD
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.
Bylaw No. 1344-22 Page 26 of 44
PART III - FIRE PROTECTION
18. 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 MD or privately owned, except as
necessary for firefighting, flushing, and maintenance purposes.
(2) A Customer requesting authorization to use water from a MD owned fire hydrant
shall apply to the Chief Administrative Officer by paying all associated fees (per
Schedule "E") 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 MD is prepared to authorize use of a MD owned fire hydrant and any
conditions, including without limitation, payments by the Customer, Water Meter,
valves, pipes and fittings required that must be satisfied as a condition of using a MD
owned fire hydrant.
(4) The Chief Administrative Officer may, in his or her discretion, exempt a given
Customer the associated fees established by subsection (2).
19. Interference with Fire Hyd rants
(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 2 meters around a fire hydrant and shall not permit anything new to be
constructed, erected, placed or planted within that minimum clearance.
20. Private Fire Protection Equipment
(1) In this section "Private Fire Protection Equipment" means equipment, infrastructure
or facilities, not owned by the MD, which is located on a Customer's Property and is
intended to be used to provide fire protection, including, without limiting the generality
of the foregoing, private fire hydrants, fire sprinklers and outlets for fire hoses.
(2) No Customer shall connect Private Fire Protection Equipment to the Water System
without first applying for, and obtaining, the written approval of the Chief
Administrative Officer.
(3) A Person applying for approval under subsection (2) shall pay any applicable fee
and provide the Chief Administrative Officer with all information that the Chief
Administrative Officer may require.
(4) The Chief Administrative Officer may, in his or her discretion, acting reasonably,
approve or reject an application under subsection (2) and may, in granting an approval,
impose conditions or requirements on the Customer, which may include, without
restriction, a requirement that a separate Service Connection be constructed and
installed, at the Customer's sole cost, for the purpose of supplying the Private Fire
Protection Equipment.
(5) The MD does not guarantee or warrant that the Water System, or any portion
thereof, will be capable of connecting to and/or adequately supplying Private Fire
Protection Equipment on a Customer's Property and, without limiting the authority of
the Chief Administrative Officer under subsection (4), an application under
subsection (2) may be rejected if the Chief Administrative Officer determines that the
Water System, or portion thereof, is not capable of connecting to or adequately
supplying the proposed Private Fire Protection Equipment.
(6) A separate Service Connection for fire protection that is installed pursuant to
subsection (4) shall only be utilized to supply water for fire protection purposes.
Bylaw No. 1344-22 Page 27 of 44
(7) Where a separate Service Connection for fire protection is required pursuant to
subsection (4), the Chief Administrative Officer may require that a separate Meter be
installed on that Service Connection at the sole expense of the Customer.
(8) A Customer that installs Private Fire Protection Equipment is responsible for
complying with any applicable laws and regulations that relate to the installation,
operation and maintenance of that Fire Protection Equipment.
(9) A Customer shall ensure that all Private Fire Protection Equipment located on the
Customer's Property maintains an adequate volume, pressure and flow rate of water
required for firefighting purposes.
(10) The Chief Administrative Officer may, at any reasonable time, inspect and test
Private Fire Protection Equipment.
Bylaw No. 1344-22 Page 28 of 44
PART IV - CROSS CONNECTIONS
21. 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.
22. 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.
Bylaw No. 1344-22 Page 29 of 44
PART V - OTHER FACILITIES
23. Operation of Curb Stops
(1) No Person, other than an authorized representative of the MD, shall operate a Curb
Stop on any Property.
(2) No Person shall interfere with, damage or obstruct access to any Curb Stop.
24. Boilers
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.
25. Water Softeners Prohibited
No Person shall cause or permit an Ion Exchange Water Sofitener to be installed along
a Private Water Line or within any premises receiving Water and Wastewater Services,
where the Property is serviced by the Beaver Mines Water Treatment Wastewater
System.
Bylaw No. 1344-22 Page 30 of 44
SCHEDULE"C"
TERMS AND CONDITIONS OF WASTEWATER SERVICES
1. Unauthorized Use ofWastewater System
(1) No Person shall use the Wastewater System, or allow the Wastewater System to be
used:
(a) in a manner that will impede the Wastewater System's use by other Customers;
(b)unless an Account has been opened by the Customer; or
(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-
offWastewater 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 MD.
(4) A Person that uses the Wastewater System in contravention of this section shall pay
the following charges:
(a) 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;
(b)all costs incurred by the MD in dealing with the contravention; and
(c) any other applicable fees or charges provided for in this Bylaw.
2. Requirement to Connect to Wastewater System
(1) Subject to subsection (3), all developed Properties adjacent to a Wastewater Main
must be connected to the Wastewater System on or before a date set by Council or the
Chief Administrative Officer.
(2) 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.
(3) Council or the Chief Administrative Officer may, at their discretion, exempt a
given developed Property, new development or redevelopment from the connection
requirement established by subsection (1) or (2), as applicable.
(4) Where an exemption has been granted under subsection (3), Council or 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
Council or the Chief Administrative Officer.
(5) 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 MD may enter onto
the Property in question and, at the Owner's sole expense, take any and all steps that
the MD considers necessary to connect that Property to the Wastewater System,
including, without restriction, constructing a Private Drainage Line and related
facilities on the Property.
(6) The Owner of a Property in respect of which the Council or the Chief
Administrative Officer has provided an exemption under subsection (2) shall install, at
Bylaw No. 1344-22 Page 31 of 44
the Owner's expense, a Private Wastewater Disposal System that meets the approval of
the Chief Administrative Officer.
(7) 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.
3. Alternate Wastewater System
(1) Subject to subsection (2), once a Property is connected to the Wastewater System:
(a) no Person shall, unless authorized in writing by Council or the Chief
Administrative Officer, continue to use any Private Wastewater Disposal
System located on that Property for the collection or disposal of Wastewater;
and
(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) Council or the Chief Administrative Officer may allow a Person to maintain a
Private Wastewater Disposal System subject to such terms and conditions Council or
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 Council or 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.
4. Authorizations and Approvals for Private Drainage Line
(1) Except where the MD has caused the installation to be performed by a private
contractor, in accordance with this Bylaw, 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 Drainage Line.
(2) The MD shall not be required to commence Wastewater 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-of-way agreements, and all of the MD's requirements applicable to the
installation and operation of the Private Drainage Line. The MD reserves the right, but
is not obligated, to verify that all necessary authorizations have been obtained by the
Customer.
5. Discharge into Wastewater System
(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:
(a) any matter containing Hazardous Waste;
(b) any substance that may cause the MD to be in violation of any regulatory or
operating licence, approval or permit for the Wastewater System;
(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;
Bylaw No. 1344-22 Page 32 of 44
(d) any matter which, by itself or in combination with any other substance, is
capable of obsta-ucting the flow of or interfering with the operation or
perfbnnance of the Wastewater System including, without restriction, grease
and solid substances such as sand, grit, mud, plastics, rags, sanitary napkins
and wet wipes;
(e) any matter with con-osive properties which, by itself or in combination with
any other substance, may cause damage to the Wastewater System;
(f) any substance having a pH of less than 5.5 or greater than 1 0;
(g) pharmaceuticals;
(h) corrosive or toxic substances, including, without restriction, pesticides and
herbicides;
(i) radioactive materials;
(j) condensing water,
(k) the contents of any privy vault, manure pit or cesspool;
(1) the contents of a sump pump;
(m) storm water or surface water; or
(n) any waste or by-product that has been generated by an Ion Exchange Water
Sofitener where the Property is serviced by the Beaver Mines Water Treatment
Wastewater System.
6. Commercial or Industrial Wastewater
(1) No Wastewater or other matter resulting from any commercial, trade, industrial or
manufacturing 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 pre-treatment of the Wastewater or other
matter, as prescribed by the Chief Administrative Officer.
(2) All necessary pre-treatment 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.
7. Overstrength Surcharge
(1) In this section:
(a) "Additional Overstrength Concentration Limit" means the concentration
limit, in mg/L, of a Substance set out in Schedule "G" of this Bylaw;
(b)"Additional Overstrength Surcharge Mass" means the mass, in kg, of a
Substance, to which an Additional Overstrength Surcharge is applied, which
mass is determined by applying the following formula:
Additional Overstrength Surcharge Mass = ((Measured Substance
Concentration - Additional Overstrength Concentration Limit) x Water
Volume) * 1/1,000,000 (to convert mg to kg);
(c) "Substance" means a substance identified in Schedule "G" of this Bylaw;
(d)"0verstrength Concentration Limit" means the concentration limit, in mg/L,
of a Substance set out Schedule "G" of this Bylaw;
(e)"0verstrength Surcharge Mass" means the mass, in kg, of a Substance, to
which an Overstrength Surcharge is applied, which mass is determined by
applying the following formula:
Bylaw No. 1344-22 Page 33 of 44
Overstrength Surcharge Mass = ((Measured Substance Concentration -
Overstrength Concentration Limit) x Water Volume) x 1/1,000,000 (to
convert mg to kg)
(f) "Measured Substance Concentration" means the concentration, in mg/L, of
a Substance found in Wastewater discharged, by the Customer, into the
Wastewater System; and
(g)"Water Volume" means:
(i) In the case of a planned high discharge event, where the Customer
has communicated their intention, to the MD, to discharge, into the
Wastewater System, Wastewater containing one or more
Substances with Measured Substance Concentrations that exceed
the applicable Overstrength Concentration Limit, and the MD has
confirmed the Customer's ability to do so during a specific date and
time, the actual amount ofWastewater discharged by the Customer,
measured in a manner acceptable to the MD; and
(ii) In all other situations:
i. if the Property in question receives metered water service from
the MD, the volume of treated water delivered to, or consumed
by, the Customer during the relevant period; and
ii. if the Property in question does not receive metered water
service from the MD, the volume ofWastewater discharged by
the Customer into the Wastewater System during the relevant
period;
as detennined by the MD.
(2) The MD may impose Overstrength Surcharges upon Customers who discharge, into
the Wastewater System, Wastewater containing one or more Substances with Measured
Substance Concentrations that exceed the applicable Overstrength Concentration
Limit.
(3) The MD may impose Additional Overstrength Surcharges upon Customers who
discharge, into the Wastewater System, Wastewater containing one or more Substances
with Measured Substance Concentrations that exceed the applicable Additional
Overstrength Concentration Limit, and, for greater certainty, such Additional
Overstrength Surcharges shall be payable in addition to, not in lieu of, the applicable
Overstrength Surcharge.
(4) The Overstrength Surcharges payable per unit ofOverstrength Surcharge Mass and
the Additional Overstrength Surcharges payable per unit of Additional Overstrength
Surcharge Mass are set out within Schedule "E".
(5) Overstrength Surcharges and Additional Overstrength Surcharges are payable in
addition to any other rates, fees and charges payable for, or in connection with,
Wastewater Services.
(6) Testing to identify Substances present, and Measured Substance Concentrations,
for the purpose of calculating Overstrength Surcharges and Additional Overstrength
Surcharges, shall be conducted by the MD, or by the Customer to the satisfaction of
the MD that a representative sample is obtained, using automated sampling devices or
in accordance with the following manual sampling protocol:
(a) samples from the Wastewater produced at a location will be collected each
day for a minimum of two days or for the duration of a planned high discharge
event, whichever is shorter;
(b)a minimum of four samples of equal volume shall be taken each day or during
a planned high discharge event. Such samples are to be taken at least one hour
apart or, if a planned high discharge event is shorter than four hours, the time
between the samples shall be reduced to ensure four samples are taken during
the high discharge event;
Bylaw No. 1344-22 Page 34 of 44
(c)the analysis shall be conducted on a composite sample made of the samples
noted in subsections (a) and (b); and
(d)the respective results of these tests for the times when samples are taken, shall
be averaged to determine the characteristics and concentration of the
Wastewater being discharged into the Wastewater System.
(7) The Chief Administrative Officer may, in his or her discretion, set and modify
changes to required testing outlined in subsection (6). The MD reserves the right to set
testing frequency parameters as required for different Customers.
8. No Dilution
No Person shall dilute, or permit to be diluted, any Wastewater in order to enable its
discharge in compliance with these Terms and Conditions.
9. Protection of Wastewater System
(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 in 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 MD may be
held liable for due to such blockages.
10. Hauled Wastewater
(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 MD, 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.
11. Food-Related Grease Interceptors
(1) Every Customer who is the Owner or operator of a restaurant or other commercial,
institutional. Industrial, commercial or Institutional premises where food is cooked,
processed or prepared, for which the premises is connected directly or indirectly to the
Wastewater System, shall take all necessary measures to ensure that Oil and Grease are
prevented from entering the Wastewater System in excess of the provisions of this
Bylaw.
(2) The Customer referred to in subsection (1) shall install, operate, and properly
maintain, at the Customer's expense, an Oil and Grease interceptor in any piping system
at its premises that connects directly or indirectly to the Wastewater System. The Oil
and Grease interceptors shall be installed in compliance with the most current
requirements of the applicable Building Code and the National Plumbing Code of
Canada.
Bylaw No. 1344-22 Page 35 of 44
12. Vehicle and Equipment Service Oil and Grease Interceptors
(1) Every Customer who is the Owner or operator of a vehicle or equipment service
station, repair shop or garage or of a commercial, industrial or institutional premises or
any other establishment where motor vehicles are repaired, lubricated or maintained
and where the discharge is directly or indirectly connected to the Wastewater System
shall mstall an Oil and Grease interceptor designed to prevent motor oil and lubricating
grease from passing into the Wastewater System in excess of the limits in this Bylaw.
(2) The Customer referred to in subsection (1) shall install, operate, and properly
maintain an Oil and Grease interceptor in any piping system at its premises that
connects directly or indirectly to the Wastewater System. The Oil and Grease
interceptors shall be installed in compliance with the most current requirements of the
applicable Building Code and be maintained as recommended by the Canadian Fuels
Association (formerly the Canadian Petroleum Products Institute).
13. Sediment Interceptors
(1) Every Customer who is the Owner or operator of premises from which sediment
may directly or indirectly enter the Wastewater System, including but not limited to
premises using a ramp drain or area drain and vehicle wash establishments, shall take
all necessary measures to ensure that such sediment is prevented from entering the
Wastewater System in excess of the limits in this Bylaw.
14. Spills
(1) Any Person who discharges or peranits the discharge of any Wastewater or other
matter contrary to this Bylaw shall, immediately after becoming aware of the discharge,
notify:
(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;
(iii) 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 taken, or anticipated to be taken, to control the
discharge;
(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
(c) any other Person whom the Person reporting knows or ought to know may be
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:
(a) confine, remedy and repair the effects of the discharge; and
(b)remove or otherwise dispose of the matter in a lawful mamier so as to
minimize all adverse effects.
Bylaw No. 1344-22 Page 36 of 44
SCHEDULE"D"
TERMS AND CONDITIONS OF SOLID WASTE SERVICES
1. Collection Services
(1) The Chief Administrative Officer is authorized to establish the Collection Schedule
and establish methods of Waste collection and disposal.
(2) Regular Collection shall occur on a weekly basis in the Collection Area. Regular
Collection for properties located outside the Collection Area shall be on an as needed
basis, but shall not exceed four collections per month. Additional collections may be
scheduled if and when required, at the discretion of Chief Administrative Officer.
Customers shall pay the applicable fee or charge set forth in Schedule "E" of this
Bylaw.
(3) Where feasible and practical for the MD, the Chief Admmistrative Officer may
authorize Solid Waste Services for a Property located outside the Collection Area,
subject to the Owner of that Property complying with all relevant portions of this
Bylaw.
(4) The Owner or Occupant of any Property not described in subsection (1) or (2) shall,
either personally or by employees, contractors or agents, and in compliance with all
applicable federal, provincial and municipal laws, promptly remove and dispose of all
Waste generated on the Property at an approved waste transfer station or landfill, at the
Owner or Occupant's sole expense.
2. Prohibited Waste
(1) No Person shall set out, or permit to be set out, any Waste for collection other than
Household Waste in accordance with this Bylaw including, without limiting the
foregoing:
(a) Household Waste generated by any Property outside of the Collection Area;
(b)animal carcasses;
(c) Bulk Waste;
(d) Commercial Waste;
(e) Construction Waste;
(f) Hazardous Waste;
(g)hot ashes; or
(h)Liquid Waste.
3. Waste Collection Fees
(1) Every Owner of Residential Premises or Non-Residential Premises located within
the Collection Area shall pay to the MD the Waste Collection Fee specified in Schedule
"E" of this Bylaw.
(2) The Waste Collection Fee referred to in subsection (1) shall apply regardless of
whether Waste is set out at the Property, the Property generates Waste or where all or
a portion of a Residential Premises or Non-Residential Premises located on the
Property is vacant.
(3) Every Owner of Property located outside of the Collection Area that has been
authorized to receive Solid Waste Services in accordance with this Bylaw shall pay to
the MD the Waste Collection Fee specified in Schedule "E" of this Bylaw.
Bylaw No. 1344-22 Page 37 of 44
(4) The Waste Collection Fee referred to in subsection (3) shall only apply while the
Property receives Solid Waste Services.
4. Preparing Waste for Collection
(1) No Person shall set out, or permit to be set out, Waste for collection without ensuring
that the Waste has been prepared for collection in accordance with the following:
(a) all Waste must be secured within a Waste Receptacle or a Garbage Bag;
(b)despite subsection (a), yard materials such as clippings from shrubs and trees
may be compacted and securely tied in bundles not exceeding 1.2m in length
and 25kg in weight, and placed beside the Waste Receptacle;
(c) wet Waste must be thoroughly drained, double-bagged and tied securely;
(d)light, dusty materials such as cooled ashes, sawdust, powders, vacuum cleaner
bags, furnace filters and absorbents must be placed in a sealed disposable
container;
(e) objectionable materials including animal feces and diapers must be double-
bagged and tied securely; and
(f) sharp or dangerous items, including broken glass, razor blades, sheet metal
scarps and items with exposed screws or nails must be contained within
protective packaging (sturdy, sealed cardboard box or rigid disposable plastic
container).
5. Waste Receptacles
(1) The contents of a Waste Receptacle must not be packed or jammed into the Waste
Receptacle to the extent that the contents will not fall freely from the Waste Receptacle
during Collection activities.
(2) The contents of a Waste Receptacle must not prevent the closure of the lid.
(3) Waste Receptacle lids must not be chained or tied to the Waste Receptacle.
(4) Waste Receptacles must not be chained or tied to fences or Waste Container
enclosures.
(5) Animal Resistant Receptacles are required when deemed necessary.
(6) Animal Resistant Receptacles need to be latched and regularly cleaned to function
as intended.
6. Curbside Collection
(1) All Waste Collection shall be from a front yard, curbside location unless otherwise
authorized by the Chief Administrative Officer.
(2) A Person setting out Waste for Collection shall ensure that:
(a) all Waste Receptacles and Garbage Bags are placed near the front property
line; and
(b)convenient and unobstructed access to Waste Receptacles and Garbage Bags
is maintained at all times.
(3) No Person shall set out Waste for collection in a location that is unsafe, obstructed,
poorly maintained, uneven or that otherwise prevents a Waste Collector from collecting
Waste in a safe and efficient manner.
Bylaw No. 1344-22 Page 38 of 44
7. Setting Out Waste for Collection
(1) Waste must be set out for collection by 8:00 a.m. on the morning of the scheduled
collection day.
(2) No Person shall set out Waste for collection before 5:00 p.m. on the day prior to the
scheduled collection day.
(3) The Property Owner shall be responsible any litter created as a result of interference
with the bag by any person or thing.
8. Waste Collection
(1) Waste collection from any location may occur at any time during the collection day
(7:00 a.m. to 5:00 p.m.) and actual collection may vary on a weekly or seasonal basis.
(2) Collection shall occur on a weekly basis. Additional collections may be scheduled
if and when required, at the discretion of Chief Administrative Officer.
(3) If a civic holiday occurs on the scheduled collection day, collection will be made
within two (2) days of the holiday.
(4) In the event of severe weather or unusually large Waste volumes, the Chief
Administrative Officer may alter the Collection Schedule for part or all of the
Collection Area to include the day before and the day after the regularly scheduled
collection day.
9. Ownership of Waste
(1) All Waste set out for collection remains the property of the Person placing the
Waste for collection until accepted by the MD at the time of collection.
10. Withholding Collection Services
(1) Waste Collectors are authorized to withhold collection of improperly prepared
Waste, prohibited Waste, excessive quantities of Waste, or Waste located at unsafe or
non-compliant locations.
11. Damage to Waste Receptacles
(1) The MD is not responsible for damage to Waste Receptacles resulting from normal,
repetitive activity or for lost Waste Receptacles, including lids.
12. Interference with Waste Receptacles
(1) No Person other than an authorized Waste Collector or the Person placing Waste in
a Waste Receptacle or Garbage Bag shall interfere with, disturb, add to or remove the
contents of a Waste Receptacle or Garbage Bag set out for collection.
13. Entering Private Property
(1) Waste Collectors shall not be required to enter onto private Property to collect
Waste unless such entry is necessary or desirable, in the discretion of the Chief
Administrative Officer.
(2) Waste Collectors are authorized to enter the front yard of any private Property at
all reasonable times for the purpose of carrying out their duties.
(3) The MD will not be responsible for any damage to roads or infrastructure located
on private Property resulting from legitimate operation of Waste collection vehicles
during Waste collection activity on that private Property.
Bylaw No. 1344-22 Page 39 of 44
SCHEDULE"E"
RATES, FEES AND CHARGES
1. Water and Wastewater Rates
The rates for Water Services and Wastewater Services are as follows:
(1) Bi-Monthly Rates - Hamlets and Distribution System Connections
Residential
Commercial
Water Base
(flat rate)
$20.00
$50.00
Consumption
(/cubic metre)
$1.15/m3
$1.50/m3
Sewer
(flat rate)
$12.00
$50.00
(2) Bi-Monthly Rates - Rural Transmission System Connections
Residential - Cistern/PRV
Residential - Non Cistem
Water Base
(flat rate)
$20.00
$25.00
Consumption
(/cubic metre)
$1.15/m3
$1.32/m3
Sewer
(flat rate)
f3) Bulk Water Filling
Bulk Fill Stations
Fire Hydrants
Water Base
(flat rate/day)
$5.00
Consumption
(/cubic metre)
$2.64/m3
$2.64/m3
(4) Monthly Water and Waste Water Service Rates Through Agreements
Province of Alberta (Parks) Agreement - Castle River and Syncline
$200.00/line base rate for capital repair and replacement, @ $ 1.50/m3 for consumption.
The Province handles waste water and solid waste outside of this Bylaw. Repair and
replacement of the distribution system within the Parks Zone will be as per Agreement
with the Crown.
Village of Cowley Agreement
$300.00 base rate for capital repair and replacement, @ 1.15/m3 for consumption.
Repair and replacement of the distribution system within the Village ofCowley will be
as per the Agreement.
Castle Mountain Resort Agreement
$2500.00 base rate for capital repair and replacement, @ $1.50/m3 for consumption.
CMR has its own system for waste water and another agreement for Solid Waste.
Repair and replacement of the distribution system within the Resort will be the sole
responsibility of CMR Inc.
Temporary Uametered Water
$125.00 / month for residential water
$200.00 / month for commercial - for under 2" meter size / line
$300.00 / month for commercial - for anything over 2" meter size / line
2. New Service Connection Fees
The amounts payable for connecting the Private Water Line or Private Drainage Line,
or both, on a Customer's Property to the MD's Water Main and/or Wastewater Main,
as applicable, to complete a new Service Connection so that Water Services and/or
Wastewater Services to the Customer's Property may be commenced are as follows:
(1) Water Services Only: Actual cost incurred by the MD in relation to the
connection, plus 5%;
Bylaw No. 1344-22
Page 40 of 44
(2) Wastewater Services Only: Actual cost incurred by the MD in relation to the
connection, plus 5%;
(3) Combined Water/Wastewater Services: Actual cost incurred by the MD in
relation to the connection, plus 5%;
and such amounts shall be paid in accordance with the Utility Services Guidelines.
3. Additional Service Charges
The fees and charges payable for additional Water and Wastewater Services are as
follows:
(l)Water Turn-On/Turn-Off Charge (at Customer request): $75.00 per visit
(2)Supply of Meter: Actual cost incurred by the MD in obtaining the Meter + 5%
(3)Meter Installation/Removal Charge: Actual cost incurred by the MD + 5%
(4)Meter Test Charge: $200.00
(5)Meter Repairs or Other Costs Associated with Meters: Actual cost incurred by
the MD + 5%
4. Overstrength Surcharges
(1) The following Over Strength Surcharges and Additional Over Strength Surcharges
are hereby established:
Substance
Biochemical Oxygen Demand (BOD)
Chemical Oxygen Demand (COD)
Oil and Grease (O&G) - Animal and
Vegetable + Mineral and
synthetic/hydrocarbon
Total Suspended Solids (TSS)
Total Kjeldahl Nitrogen(TKN)
Total Phosphorus (TP)
Over Strength
Surcharge
(per kg of Over
Strength Surcharge
Mass)
$0.15
$0.15
$0.15
$0.10
$1.00
$6.25
Additional Over
Strength Surcharge
(per kg of Additional
Over Strength
Surcharge Mass)
$0.15
$0.15
$0.15
$0.10
$1.00
$6.25
(2) For greater certainty, when the Measured Substance Concentration exceeds the
corresponding Additional Over Strength Concentration Limit, an Additional Over
Strength Surcharge will be payable in addition to, not in lieu of, the applicable Over
Strength Surcharge.
5. Solid Waste Services
The rates for Solid Waste Services are as follows:
Bi-Monthly Rates - Collection Area
Residential
Commercial
Bi-Monthly
$20.00
$40.00
Per Extra Trip
N/A
$40.00
6. Miscellaneous Service Fees and Charges
(1) A late payment charge of 1.5% per month, not compounded, will be applied to all
charges on a Customer's Account, if the Customer's payment is not received by the MD
within 30 days from the date of issuance of the bill in respect of the charges.
(2) A dishonoured cheque charge of $25.00 will be applied for each cheque returned
for insufficient funds.
Bylaw No. 1344-22
Page 41 of 44
SCHEDULE"F"
SPECIFIED PENALTIES
Obstruct an
Authorized representative
Backfill before
Service Connection Inspection
Contravention of
Repair and
Maintenance Requirements
Interfere with Another
Customer's Service Connection
/Utility Services
Obstruct access to
Facilities
Failure to manage
vegetation on Property
Install structure that
interferes with proper
and safe operation of
Facilities
Interfere with or alter
Facilities
Extend Customer owned
infrastructure beyond Property
Supply false or
Inaccurate information
Fail to comply with Water
Conservation and Demand
Management Measures
Failure to connect to Water
System by set Date
Failure to connect to Water
System prior to occupancy
Unauthorized use of Alternate
Water System
Unauthorized Resale or Supply
Of Water
Unauthorized use of water
Contravention of Customer
Meter installation rules and
Requirements
Contravention of General
Meter Restrictions
Unauthorized operation
of a fire hydrant
Bylaw No. 1344-22
Section
s. 16
Sch.A
s. 6(3)(c)
Sch.A
s. 7, 8
Sch.A
s. 10(2)
Sch.A
s. 13(1)
Sch.A
s. 13(2)
Sch. A.
s.13(3)
Sch.A
s. 14
Sch.A
s. 17
Sch.A
s. 26
Sch.B
s.1(3)
Sch.B
s. 2(1)
Sch.B
s. 2(2)
Sch.B
s.3
Sch.B
s.4
Sch.B
s.5(1)
Sch.B
s. 11(3)
Sch.B
s. 12
Sch.B
s. 18
1st offence
$200.00
$250.00
$200.00
$500.00
$100.00
$100.00
$200.00
$500.00
$500.00
$250.00
$100.00
$500.00
$500.00
$500.00
$250.00
$250.00
$200.00
$200.00
$500.00
2nd offence*
$300.00
$500.00
$300.00
$1,000.00
$250.00
$200.00
$500.00
$1,000.00
$1,000.00
$500.00
$250.00
$1,000.00
$1,000.00
$1,000.00
$500.00
$500.00
$300.00
$300.00
$1,000.00
Page 42 of 44
$250.00 $500.00
$250.00 $500.00
$250.00 $500.00
$200.00 $500.00
$250.00 $1,000.00
$500.00 $1,000.00
$500.00 $1,000.00
$250.00 $500.00
$500.00 $1,000.00
$500.00 $1,000.00
$500.00 $1,000.00
$500.00 $1,000.00
$100.00 $250.00
Failure to Properly Prepare Waste Sch. D $100.00 $200.00
For Collection s. 4
* Second or subsequent offences.
Council and their Chief Administrative Officer reserve the right to adjust the fines, up to
a maximum of $10,000.00 based upon the seriousness of any given offence.
Obstruct access to
or operation of a fire
hydrant
Unauthorized Cross
Connection
Customer fails to install
Required Cross Connection
Control Device
Unauthorized Operation of
Curb Stop
Unauthorized Use of Water
Softener
Impede Wastewater
Use of other Customers
Use Wastewater
System without an
Account
Use Wastewater
System in unauthorized
Manner
Failure to connect to Wastewater
System by set Date
Failure to connect to Wastewater
System prior to occupancy
Unauthorized use of Alternate
Wastewater System
Unauthorized Hauled Wastewater
Prohibited Waste
Sch.B
s. 19
Sch.B
s. 21
Sch.B
s. 22(1)
Sch.B
s. 23
Sch.B
s. 25
Sch.C
s. l(l)(a)
Sch.C
s. l(l)(b)
Sch.C
s. l(l)(0
Sch.C
s. 2(1)
Sch.C
s. 2(2)
Sch.C
s.3
Sch.C
s. 10
Sch.D
s. 1
Bylaw No. 1344-22 Page 43 of 44
SCHEDULE"G"
WASTEWATER OVERSTRENGTH LIMITS
Substance
Biochemical Oxygen Demand (BOD)
Chemical Oxygen Demand (COD)
Oil and Grease , Total (O&G) - Animal and
Vegetable + Mineral and Synthetic/Petroleum
Hydrocarbons
Total Suspended Solids (TSS)
Total Kjeldahl Nitrogen (TKN)
Total Phosphorus (TP)
Overstrength Surcharge
Concentration Limits,
(mg/L)
300
600
100
300
50
10
Additional Overstrength
Concentration Limits,
(mg/L)
3000
6000
400
3000
200
75
Note: Concentrations become surchargeable with a second tier surcharge when reaching
Additional Overstrength concentration Limits.
Bylaw No. 1344-22
Page 44 of 44