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TOWN OF PICTURE BUTTE
BYLAW NO. 969-26
BEING A BYLAW OF THE TOWN OF PICTURE BUTTE, IN THE PROVINCE OF
ALBERTA, RESPECTING WATER WORKS, SEWERAGE AND WASTE
MANAGEMENT AND PROVIDING FOR THE SETTING AND COLLECTION OF
UTILITY RATES AND CHARGES.
WHEREAS Section 7 of the Municipal Government Act R.S.A. 2000, c. M-26 provides
that Council may pass bylaws for municipal purposes respecting the safety, health and
welfare of people; the protection of people and property; services provided for by or on
behalf of the municipality; public utilities; and the enforcement of bylaws;
NOW THEREFORE, the Council of the Town of Picture Butte, in the Province of
Alberta, duly assembled, HEREBY ENACTS AS FOLLOWS:
This Bylaw is hereby cited as the Town of Picture Butte "UTILITY BYLAW".
1.
DEFINITIONS:
1.1.
"Ashes" means the residue of any substance used as fuel;
1.2.
"Biochemical Oxygen Demand" (abbreviated BOD) means the quantity of
oxygen expressed in milligrams per liter.
1.3.
"Chief Administrative Officer or CAO" means the Town's Chief
Administrative Officer for the Town of Picture Butte as appointed by
Town Council and includes any Persons authorized by him/her or the
Town Council to act for or carry out the duties of the CAO to the extent
that authorization is given.
1.4.
"Chemical Oxygen Demand (abbreviated COD) means the quantity of
oxygen expressed in milligrams per litre utilized in the chemical oxidation
of matter contained in Sewage as set forth in "Standard Methods for the
Examination of Water and Wastewater".
1.5.
"Commercial Customer" means a Customer that has a Commercial
Premises.
1.6.
"Commercial Premises" means the site, including any building erected
thereon of any café, restaurant, hotel, store, warehouse, wholesale or retail
business place, office building, factory, industry, or any other site or
building except one that is used or intended to be used for residential or
Institutional purposes;
1.7.
"Council" means the Council for the Town of Picture Butte;
1.8.
"Curb Stop" means a control valve for the water supply of a building,
usually placed near the sidewalk or curb, used to shut off the water supply
to a building;
1.9.
"Customer" means any Person, corporation or organization who has
entered into a contract with the Town for Utility Provision at a particular
Premises, or who is the Owner or occupant of any Premises connected to
or provided with a Utility.
1.10. "Director" means the Director of Operations and/or the Director of
Corporate Services of the Town of Picture Butte or his/her duly authorized
agent or representative.
1.11. "Discharge Limit (s)" means the maximum concentration of specified
Sewage components permitted for discharge to the Sewer System by
Commercial, Industrial and Institutional Customers without payment of
Surcharges. The discharge limits are outlined in Schedule B:
1.12. "Domestic Customer" means the Owner of a residence containing one or
two dwelling units that are connected to any Utility and where the total
water consumption is measured by one water meter.
1.13. "Garbage" means and includes the refuse of animal matter, vegetable
matter or any other matter which has been used or is intended for use as
food, Ashes, bottles, metals, cans or tins, crockery, glass, metal scraps,
cloth, paper, wrappings, sweepings and all other similar items that
accumulate in the household or result from commercial or industrial
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operations. It does not include human or animal excrement, stable refuse
and toxic or hazardous materials;
1.14. "Garbage Bin" means a container provided by the Town for purposes of
Garbage collection;
1.15. "Garbage Collector" means the Person or Persons authorized by the Town
of Picture Butte to collect, remove and dispose of Garbage;
1.16. "Grass Container" means a receptacle constructed of non-corrosive
durable metal or plastic, or recyclable paper bag, which:
1.16.1. Is equipped with two (2) handles to facilitate handling (except
for recyclable paper bags),
1.16.2. Has a capacity of not more than 76 liters (20 gallons), a height
of not more than 0.8 meters (30 inches) and a diameter of not
more than 0.6 meters (24 inches), and
1.16.3. weighs, when filled, not more than 23 kilograms (50 pounds);
1.17. "Grease" means a material contained in the Sewage which may be
extracted according to the laboratory procedure set forth in "Standard
Methods for the Examination of Water and Wastewater", expressed in
milligrams per litre.
1.18. "Health Inspector" means a health inspector for Alberta Health Services or
a health inspector appointed by the Town;
1.19. "Industrial Customer" means any Person who is identified in the "Service
Fees, Rates and Charges Bylaw" or who, for a period of ninety (90) days
exceeds the Discharge Limits as explained in this bylaw
1.20. "Institutional Customer" means such places as senior citizen housing,
nursing homes, hospitals, and schools. Places such as day care centres,
places of worship, museums, libraries, service and fraternal organisation's
buildings and governmental buildings are excluded from this definition.
1.21. "Mobile Home" means a dwelling suitable for long-term or permanent
occupancy, and designed to be transported on its own wheels or by other
means; and which, upon arriving at a residential site is, apart from
incidental operations such as placement on foundation supports and
connection to utilities, ready for occupancy;
1.22. "Mobile Home Park" means a parcel of land maintained and operated by
an Owner or a manager providing spaces for the long term parking and
occupancy of Mobile Homes and spaces for ancillary facilities including
recreation area;
1.23. "Multi-Unit Dwelling" means a dwelling place comprised of more than
one self contained dwelling unit, and without restricting the generality of
the foregoing, includes apartment buildings, duplex houses, and single
family homes with ancillary suites containing cooking, living, dining,
sleeping and toilet facilities, whether or not such ancillary suites have a
private out-side entrance;
1.24. "Owner" means the registered owner of the serviced property as
registered with the Alberta Land Titles Registry, or, as the context may
require, the owner of a Mobile Home unit;
1.25. "Peace Officer" means a member of the Royal Canadian Mounted Police
or a special constable or Bylaw Enforcement Officer of the Town of
Picture Butte;
1.26. "Person" means any individual, firm, company, association, society,
corporation or group.
1.27. "Premises" means any land, building or part of a building supplied with
Utilities by the Town.
1.28. "pH" means the logarithm to the base 10, of the reciprocal of the hydrogen
ion concentration in moles per litre in solution. pH shall be determined by
one of the procedures outlined in Standard Methods for the Examination
of Water and Wastewater.
1.29. "Sewage" means any waste discharged or permitted to flow from
residences, business buildings, institutions and industrial establishments
into the Sewer System.
1.30. "Sewer Service Line" means that Sewer line from the building to the
Street Main;
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1.31. "Sewer System" means the system of sanitary Sewers in the Town, the
sanitary Sewage lift stations, and the Sewage treatment plant or plants.
1.32. "Standard Methods for the Examination of Water and Wastewater" shall
mean those methods as described in the latest edition of "Standard
Methods for the Examination of Water and Wastewater", as published by
the American Public Health Association, Inc.
1.33. "Street Main" means any water and/or Sewer main trunk line laid for the
service of more than one Person;
1.34. "Surcharge" means the extra charge levied on Commercial, Industrial, and
Institutional Customers for discharging sewage of a strength higher than
permitted.
1.35. "Total Suspended Solids" (abbreviated TSS) means solid matter that can
be removed by filtration through a standard filter as set forth in "Standard
Methods for the Examination of Water and Wastewater".
1.36. "Town" means the corporation of the Town of Picture Butte as established
under the Municipal Government Act or, if the context requires, the
geographical area within the boundaries of the Town of Picture Butte;
1.37. "Utility" means a system or works used to provide one or more of the
following for public consumption, benefit, convenience or use:
1.37.1. Water
1.37.2. sewage disposal treatment
1.37.3. waste management
1.37.4. storm water management;
1.38. "Water Service Line' means that water line from the building to the Curb
Stop;
1.39. "Yard Waste" means the cuttings from any one of the various narrow-
leaved green plants growing densely in a lawn, leaves and clippings from
shrubs or trees
1.40. "mg/L" means milligrams per litre.
1.41. "$/kg" means dollars per kilogram.
2.
GENERAL UTILITY PROVISIONS
2.1.
Supply of Utilities
2.1.1. No Person other than the Town shall provide the same or
similar type of Utility as is outlined in this Bylaw in any part of
the Town except where special permission is given by the
Town.
1. Despite clause 2.1.1 waste management services may be
provided to Institutional or Commercial Customers by
another Person.
2.1.2. The Town shall supply Utility Service to the Owner of a
property regardless of the fact that it may be rented or leased.
2.1.3. The Owner of the property shall be responsible for the
construction, maintenance and repair of the Water Service Line.
2.1.4. The Owner of the property shall be responsible for the
maintenance of the Sewer Service Line and for the construction
and/or replacement of any section of the Sewer Service Line
from the building to the property line.
2.1.5. All developed properties within Town must use Town supplied
Utilities. Utility Services are provided together as a service.
Customers are not eligible to opt out of individual Utility
services except when:
1. Special permission is given by the Town; and
2. An Institutional or Commercial Customer contracts another
Person to provide waste management services.
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2.2.
Application for Service Connection
2.2.1. All Customers shall comply with the Customer Account Terms
and Conditions as set out in Schedule "C".
2.2.2. Utility service shall be supplied to the Owner. No Utility service
will be supplied to any renter, lessee or other Persons not
considered the Owner of the property.
2.2.3. Any Owner who desires commencement of a Utility service
from the Town shall apply in writing to the Town on the form
supplied by the Town for that purpose.
2.2.4. An Owner may request that their water service be physically
shut off at the Curb Stop. The property Owner should submit to
the Town office a completed Utility Application form with
payment as set out in the Service Fees, Rates and Charges
Bylaw.
2.2.5. All Owners must notify the Town office of any change to their
contact information including mailing address or phone number
within 14 days of the change.
2.3.
Rates and Billings
2.3.1. Rates for all Utility services will be established by Council as
outlined in the Service Fees, Rates and Charges Bylaw.
2.3.2. A Utility bill showing the current service charges for water,
sewer and garbage as stated in the Service Fees, Rates and
Charges Bylaw, sent to the Owner of the property each month.
Payment for the amount due for the Utility bill shall be payable
on the billing date. Payment will be accepted at the Town
Office or at such other place as may be designated from time to
time by Council. Failure to receive an invoice shall in no way
affect the liability of the Customer to pay the Account.
2.3.3. In the event that any part of such Utility bill remains unpaid
after the last day of the month in which the billing is sent, there
shall be added thereto a penalty in the amount specified in the
Service Fees, Rates and Charges Bylaw on the unpaid balance.
This penalty is part of the arrears and subject to collection in the
same manner as all other rates and charges.
2.3.4. Any Person intending to vacate any Premises that have been
supplied with water from the waterworks or who desires to
discontinue the use shall give written notice of the same to the
Town. Otherwise, the rates shall be charged until such notice is
received by the Town. No rebate shall be made for any
fractional part of a month in which any such notice is given.
2.3.5. An Owner may request an administrative disconnect if a
property is being sold, or will be vacant for a period greater than
two (2) months. The property Owner should submit to the Town
Office a completed Utility Application form with payment as
set out in the Service Fees, Rates and Charges Bylaw. An
administrative disconnect includes performing a final reading of
the water meter, issuing a final Utility bill and closing off of the
account; it does not include a physical Curb Stop shut off.
2.3.6. If, in the course of regular readings of water meters, a property
is found to be using water after an administrative disconnect is
complete, the Town shall issue a Utility bill for that month and
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said billing shall be subject to the same terms as a regular
Utility bill.
2.4.
Failure to Comply
2.4.1. Where a Customer is alleged to have breached any of the
provisions of this Bylaw, the Town may serve upon such
Customer a written notice specifying the breach and requiring
that the breach be rectified within fourteen (14) days.
2.4.2. Should the problem not be rectified within the time limit
specified, a penalty, the amount of which is set out in Schedule
A, shall be added to the next and any subsequent Utility billing
until the problem is rectified.
2.4.3. This penalty shall be considered as part of the Utility charge and
subject to the collection procedure as specified in Section 2.3 of
this Bylaw.
2.4.4. The Owner of any Mobile Home Park or Multi-Unit Dwelling
shall be held responsible for ensuring that his/her renters
comply with the provisions of this Bylaw and will be issued
with the notice set out in Section 2.4.1. Failure to correct the
problem will result in the penalty being added to the Utility
billing sent to the Owner. All action will be subject to Section
2.4 except that each infraction from a different Person within
the Mobile Home Park or Multi-Unit Dwelling will be counted
as a separate incident.
2.4.5. Any written notice issued under the provisions of Section 2.4.1.
of this Bylaw shall be deemed to be sufficiently served if served
personally upon the Owner or if mailed by regular mail to the
address of the Owner.
2.5.
Violations
2.5.1. Any Person who contravenes any provision of this Bylaw or
any order made thereunder is guilty of an offence and is liable
upon summary conviction to a fine as outlined in Schedule A
and in default of payment of the fine to imprisonment for a
period not exceeding SIX (6) MONTHS.
2.5.2. Where a Peace Officer believes that any Person has committed
a breach of any provision of this Bylaw, they may cause a
Violation Ticket to be served upon such Person pursuant to Part
2 of the Provincial Offences Procedure Act, R.S.A. 2000, c. P-
34.
2.5.3. The Town also retains the right to discontinue Utility service to
anyone who continues to violate the regulations of this Bylaw.
2.6.
Utility Charges Added to Taxes
2.6.1. Any Utility charges in arrears for services supplied by the Town
or any other charges for Utility services supplied by the Town
to any land or Premises may be added to the taxes assessed
against the real property to which the Utility has been supplied,
and may be collected in any of the ways provided for in the
collection of taxes, including the sale of the said property.
2.6.2. In addition to the methods outlined herein for the recovery of
outstanding charges, the Town reserves the right to discontinue
service to any property where any charge for service or work
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remains outstanding for a period of more than thirty (30) days.
2.7.
Dispute
2.7.1. In case of any dispute as to the proper charges to which any
Person is subject by reason of the provisions herein contained,
the matter shall first be referred to the CAO, and where the
dispute is not settled to the satisfaction of the complainant, such
complainant may refer the matter to Town Council. Final appeal
may then be made in the manner provided in The Public
Utilities Board Act of the Province of Alberta.
3. POTABLE WATER
3.1.
General Provisions
3.1.1. The Owner of the property shall be responsible for all water
registered by the water meter as having been drawn from the
water system.
3.1.2. No Person being a Customer shall vend, sell or dispose of
water, or give away, or permit the same to be taken or carried
away, or use, or supply it to the use or benefit of others or to
any other use and benefit, or shall wrongfully or negligently
waste any water.
3.1.3. No Person shall operate, interfere with, damage or make
inaccessible any Curb Stop due to the construction of walks,
driveways, or any other means.
3.1.4. The Town reserves the right to enter any land or building for the
purpose of constructing, maintaining or repairing any water
meter or Water Service Line or Sewer Service Line after giving
reasonable notice. Costs associated with these construction,
maintenance or repair services are an amount owing to the
Town by the Owner of the land.
3.2.
Connection to the Water System
3.2.1. No Person without first having obtained permission to do so,
shall make connection with any of the service lines or Street
Mains. Permission to make connection to a Street Main shall
only be granted as part of a development agreement. The
applicant for the said permission shall be totally liable for any
damage caused while making such connections and also shall
provide adequate safety provisions during said construction.
1. No permission shall be granted to any Person except
licensed plumbers or authorized employees of the Town or
contractor authorized by the Town.
2. The Owner of the property shall be responsible for all costs
related to service connections to the Street Mains.
3.2.2. If repairs or construction changes are required due to
inaccessibility or damage of a Curb Stop, the Owners of the
property serviced by said Curb Stop shall, in addition to the
penalties of this Bylaw, be required to assume all costs
involved.
3.3.
Supply of Water
3.3.1. The Town may shut off the water supplied to the land or
Premises of any Customer for any purpose that, in the opinion
of the Town, it may be appropriate to do so.
3.3.2. It is hereby declared that no Person shall have any claim for
compensation or damages as the result of the Town shutting off
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the water without notice or from the failure of the water supply
from any cause what so ever.
3.3.3. The Town reserves the right to refuse service to any user in the
event of misuse of the truck fill facility. Misuse may include,
but is not limited to, use of unsafe water tanks such as those
used for pesticide or fertilizer, abuse of Town equipment or
property in any way and attempted fraudulent usage. The Town
has a zero tolerance approach to these types of behaviors and
any such activity will result in usage privileges being revoked.
3.4.
Water Meters
3.4.1. Each individual dwelling unit shall have a separate water meter,
except such dwelling units within a Multi-Unit Dwelling within
one parcel of land where all dwelling units have the same
Owner, or a Mobile Home Park.
3.4.2. Should a meter, while on the Premises of the Customer, be
destroyed or damaged, the cost of repairing or replacing the
meter shall be paid for by the Owner of the land.
3.4.3. Costs for the installing the meter shall be paid by the Owner of
the land at the time of installation. Rates charged by the Town
for the installation of water meters shall be the fee as set in the
Service Fees, Rates and Charges Bylaw.
3.4.4. Reading of the water meters shall be made by the Town on such
days and at such times as the Town may require. The meter
reader shall have the right to enter any Premises that may be
required for the purpose of performing his/her meter reading
duties.
3.4.5. Regular readings of the water meters shall be performed by
Town staff starting no earlier than the 5 business days prior to
month end.
3.5.
Water Restrictions
3.5.1. When water restrictions are required, as outlined in Schedule D:
Water Rationing Action Plan, the Town may restrict the use of
water from the Town supply system. When these restrictions are
in effect, all users shall adhere to the restrictions outlined in
Schedule D: Water Rationing Action Plan. Notification of such
emergency shall be provided by any means available.
3.5.2. Failure to comply with Section 3.5.1. will result in a penalty as
defined in Schedule A.
3.5.3. The Town, in specifying restrictions on the use of water for the
purpose set out in Section 3.5. may vary the hours and days of
use for differing portions of the Town and may attach such
other conditions as deemed necessary.
3.6.
Water Wastage
3.6.1. No Person shall waste any water supplied by the Town in any
way, whether by improper or leaky service pipes, fixtures or
taps, or by permitting water to run to prevent taps or pipes from
freezing, or by improper or excessive use of water.
3.6.2. No Owner or Occupant of a parcel shall allow Potable Water to
run off the parcel such that there is:
1. a stream of water running into a street or swale for a
distance of 30 meters or more from the edge of the parcel;
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2. a stream of water running into a street or swale and directly
into a catch basin; or
3. a stream or spray of water running into or falling onto a
street or sidewalk.
3.6.3. Notwithstanding the prohibitions in Section 3.6, the Chief
Administrative Officer may authorize the discharge of Potable
Water onto a street or sidewalk for the purposes of:
1. health and safety;
2. the installation and maintenance of infrastructure, including
the flushing of water mains, hydrant leads and water
service connections;
3. preventing the freezing of water mains, hydrant leads and
water service connections;
4. conducting water flow tests;
5. installation and testing of permanently installed irrigation
systems;
6. training programs for fire fighters employed by the Town
of Picture Butte; or
7. other purposes as deemed necessary by the Chief
Administrative Officer from time to time.
4.
SEWERAGE
4.1.
GENERAL PROVISIONS
4.1.1. CONNECTING TO SANITARY SEWER
1. The Owner of every house, building or property used for
human occupancy, employment, recreation or other
purpose, situated within the Town and abutting on any
highway, or right-of-way in which there is now or hereafter
located a sanitary Sewer of the Town, is hereby required at
his expense to install suitable Sewage waste disposal
facilities therein and to connect such facilities directly with
the proper sanitary Sewer System of the Town in
accordance with the provisions of the Plumbing and
Drainage Act within sixty days after the date of notice from
the Health Office or Plumbing Inspector to do so.
2. Except as permitted by this Bylaw or the Town plumbing
requirements or the regulations of the Provincial Board of
Health, no Person shall construct or maintain any privy,
septic tank, cesspool, or other facility intended or used for
the disposal of Sewage in the Town.
3. All new development is required to discharge foundation
drain water into a sump. Sumps shall discharge to the
stormwater system, in a manner as identified in the City of
Lethbridge Engineering Standards and Design Guidelines.
4. No sump pump shall be directly connected to any part of a
plumbing system that connects to a sanitary service
connection.
5. Only recreational vehicles shall be permitted to dump into
the Town's sanitation dump located at the Regional Park.
4.1.2. PROHIBITION OF DISCHARGE
1. Except as hereinafter provided, no Person shall release or
discharge or cause or permit the discharge or deposit of
matter of a kind listed below into any of the Town's Sewer:
a. Matter of any type or at any temperature or in any
quantity which may be or may become a health or
safety hazard to a Sewage works employee, or
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which may be or may become harmful to a Sewage
works, or which may interfere with the proper
operation of a Sewage works, or which may impair
or interfere with any Sewage treatment process, or
which is or may result in a hazard to any Person,
animal, property or vegetation and without limiting
the generality of the foregoing, any of the
following;
b. Solid or viscous substances in quantities or of such
size as to be capable of causing an obstruction to the
flow in the Sewer System or other interference with
the proper operation of the Sewage collection
system and treatment facilities, including but not
limited to paunch manure or intestinal contents
from horses, cattle, sheep or swine, hog bristles, pig
hooves or toenails, animal intestines, guts, tissues or
stomach casings, whole blood, bones, hides or parts
thereof, animal fat or flesh in particles larger than
will pass through a quarter inch screen, manure of
any kind, poultry entrails, heads, feet or feathers,
eggshells, fleshing and hair resulting from tanning
operations, any Ashes, cinders, sand, mud, straw,
shavings, metal, glass, rags, feathers, tar, plastics,
wood, and un-ground Garbage.
c. Sewage that may be noxious or may cause an
offensive odour to emanate from the Sewer System,
and without limiting the generality of the foregoing,
Sewage containing hydrogen sulphide, carbon
disulphide, other reduced sulphur compounds,
carbon monoxide, amines or ammonia in such
quantities that may cause an offensive odour.
d. Water that has originated from a source separate
from the water distribution system of the Town
except as permitted in writing by the Town.
e. Sewage containing flammable or explosive
materials, such as gasoline, naphtha, or hexane of a
quantity that could cause or contribute to an
explosion or support combustion in the Sewer
System.
f. Sewage containing dyes or colouring materials
which pass through the Sewer System and
discolours the wastewater treatment plant effluent.
g. Sewage or water at a temperature greater than 75
degrees Celsius.
h. Sewage having a pH of lower than 5.5 or higher
than 10.0, or having any other corrosive property
capable of causing damage or hazard to the
structures, equipment and personnel of the Town.
i. Sewage in which the COD exceeds 10,000 mg/L.
j. Sewage containing more than 10,000 mg/L of TSS.
k. Sewage containing more than 50 mg/L of total
Kjeldahl nitrogen expressed as TKN-N.
l. Sewage containing more than 10 mg/L of total
phosphorus expressed as P.
m. Sewage containing more than 300 mg/L of solvent
extractable material (TOG: total oil and Grease).
n. Sewage containing more than 25 mg/L of solvent
extractable non-polar material (TPH: total
petroleum hydrocarbons).
o. Sewage containing any of the following in excess of
the indicated concentrations:
10
1500 mg/L
Chlorides expressed as Cl
Sulphates expressed as SO4
50 mg/L
Aluminum expressed as Al
Iron expressed as Fe
10 mg/L
Fluoride expressed as F
5 mg/L
Antimony expressed as Sb
Bismuth expressed as Bi
Cobalt expressed as Co
Lead expressed as Pb
Manganese expressed as Mn
Molybdenum expressed as Mo
Silver expressed as Ag
Tin expressed as Sn
Titanium expressed as Ti
Vanadium expressed as V
3mg/L
Chromium expressed as Cr
Copper expressed as Cu
Cyanide expressed as CN
Nickel expressed as Ni
Sulphides expressed as S
Zinc expressed as Zn
1 mg/L
Arsenic expressed as As
Beryllium expressed as Be
BTEX - total of benzene, toluene, ethylbenzene and
xylenes
Cadmium expressed as Cd
Phenol Compounds
Selenium expressed as Se
0.05 mg/L
Mercury expressed as Hg
2. The following wastes in any amount:
a. Biological hazardous waste
b. Hazardous waste chemicals
c. Pesticides (including herbicides and insecticides)
d. Polychorinated biphenyls (PCBs)
e. Radioactive materials and wastes
3. In determining whether the limit with respect to any matter
prescribed in Section 4.1.2. is contravened, the volume of
any water that has been added for the purpose of enabling
the limit to be met shall be disregarded for the purposes of
calculating whether the limit has been met so that
compliance with the limit cannot be obtained by dilution.
4. Section 4.1.2. does not apply to prevent the discharge of
human waste.
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4.1.3. INTERCEPTORS
1. Grease, oil and sand interceptors shall be provided on
private property for all garages, gasoline service stations
and vehicle and equipment washing establishments.
Interceptors will be required for other types of business
when in the opinion of the Town they are necessary for the
proper handling of liquid waste containing Grease in
excessive amounts, or any flammable wastes, sand, other
harmful ingredients, except that such interceptors shall not
be required for private living quarters or dwelling units. All
interceptors shall be of a type and capacity approved by the
Director Town and shall be so located as to be readily and
easily accessible for cleaning and inspection. Where
installed, all Grease, oil and sand interceptors shall be
maintained by the occupant Owner at his/her expense in
continuously efficient operation at all times.
4.1.4. BLOCKAGE
1. In case any blockage, either wholly or in part, of said
Sewer system is caused by reason of failure, omission or
neglect to comply strictly with the foregoing provisions, the
Owner concerned therein shall, in addition to any penalty
for infraction of the provisions hereof, be liable to the
Town for all costs of clearing such blockage and for any
other amount for which the Town may be held legally
liable because of such blockage.
4.1.5. INSPECTIONS
1. The Town shall be permitted to enter upon all properties for
the purpose of inspection, observation, measurement,
sampling and testing, in accordance with the provisions of
this bylaw. If such inspection discloses any failure,
omission or neglect to clean out sumps, or discloses any
defect in the location, construction, design or maintenance
of the Sewer Service Line, the Person making such
inspection shall in writing notify the said Owner to rectify
the cause of complaint.
2. No Person except duly authorized employees of the Town,
shall turn, lift, remove, raise or tamper with the cover of
any manhole, ventilator or other appurtenance of any Town
Sewer.
4.1.6. LIABLE FOR DAMAGES
1. The Town is not liable for damages:
a. caused by the breaking, plugging or stoppage of any
sanitary Sewer main or storm sewer main;
b. caused by the interference with the supply of any
water service or Sewer necessary in connection with
the repair or proper maintenance of Sewers;
c. generally for any accident due to the operation of
the sewerage disposal system of the Town; unless
such accident is shown to be directly due to the
negligence of the Town or its employees.
4.2.
DOMESTIC CUSTOMERS
4.2.1. A Domestic Customer that owns or occupies a property
connected with the Town Sewer System shall pay to the Town:
1. The fixed "sewage service charge" as specified in the
Service Fees, Rates and Charges Bylaw for each Town
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water meter on the property.
4.3.
COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL CUSTOMERS
4.3.1. A Commercial, Industrial and Institutional Customers that own
or occupy a property connected with the Town Sewer System
shall pay to the Town:
1. The fixed "sewage service charge" as specified in the
Service Fees, Rates and Charges Bylaw for each Town
water meter on the property, and
2. A Surcharge as calculated in Section 4.3.5. when Sewage
exceeds the Discharge Limits.
3. The sampling costs as specified in the Service Fees, Rates
and Charges Bylaw when Sewage exceeds the Discharge
Limits.
a. Sampling Costs shall continue until the
Commercial, Industrial or Institutional Customer's
Sewage is not in violation of the Discharge Limits
for a period of three consecutive months.
4.3.2. A Surcharge is levied when the concentration of one or more of
the characteristic components in the discharged sewage is
higher than the maximum concentration permitted for those
components. The maximum permitted concentration for each
sewage component is set out in Schedule "B".
4.3.3. In determining sewage characteristics for Surcharge purposes,
samples shall be of at least one hour's accumulation when
received in the automatic proportional samplers, or of a
composite of four separate grab samples collected within a one
hour period when no functional proportional sample exist.
4.3.4. Where a Sewage sample characteristic of either BOD, TSS or
Grease be in excess of the Discharge Limits as set forth in
Schedule "B" and the samples were collected according to
Section 4.3.9., the Commercial, Industrial or Institutional
Customer discharging such Sewage shall be in violation of the
Discharge Limits.
1. When a Commercial, Industrial or Institutional Customer is
in violation of the Discharge Limits the Town shall collect
one sample per week from the Commercial, Industrial or
Institutional Premise. This practice will continue until the
Commercial, Industrial or Institutional Customer is not in
violation of the Discharge Limits for a period of three
consecutive months.
4.3.5. The Surcharged shall be calculated by:
1. Calculating a monthly average for BOD, TSS or Grease
levels, based upon the results of the grab samples as
outlined in Section 4.3.9.
2. Subtracting the allowable limit from monthly averaged
BOD, TSS or Grease level.
3. Multiplying the difference of Section 4.3.5.2. by the waste
water flow.
a. Waste water flow is the volume of Sewage effluent
discharged from the property into the Town Sewer
System. When waste water flow is not recorded by
a functional sewage meter, the flow to the Sewer
System shall be equal to ninety-five percent water
consumption as recorded on the Customer's water
meters less the volume recorded on approved
exemption meters.
4. Multiplying the result of 4.3.5.3. by the Surcharge.
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This calculation can be expressed as [Average monthly reading (mg/L)
minus allowable limit (mg/L)] times [wastewater flow (m3)] times
[surcharge rate ($/kg)]
5. No credit will be given for any BOD, TSS or Grease levels
that are not in violation of the Discharge Limits.
6. Only one of the Sewage sample characteristics of B.O.D.
TSS, or Grease needs to be in excess of the Discharge
Limits to constitute a Discharge Limits violation.
4.3.6. The Director may authorize adjustments to the billed sewage
characteristics where the casual incident is accidental in nature
and results in sewage characteristic values greater than twice
(2x) the median value for the billing period. Said adjustment
shall be limited to a maximum of twice (2x) the median value.
4.3.7. All new Industrial, Institutional or Commercial 2 Premises shall
provide and erect a suitable enclosure to facilitate sewage
sampling and flow measurement. The enclosure shall be of a
type and in a location to the satisfaction of the Town. The
Industrial, Institutional and Commercial 2 Customers shall
discharge all sewage from waste from their property through
such meter and sewage sampler.
4.3.8. Characteristics of Sewage Effluent
1. The Town shall from time to time determine the
characteristics of the sewage effluent being discharged into
Sewer System from each property of a Commercial,
Industrial or Institutional Customer in the Town.
2. The Town, in determining the characteristics of the Sewage
effluent being discharged, may:
a. cause sampling and analysis of the Sewage effluent
to be taken; and
b. consider the type of industry or business being
conducted or operated by the Person; and
c. consider such other information as the Town may
deem necessary.
3. The Town shall maintain a record of investigations made in
respect to each Commercial, Industrial or Institutional
Customer.
4.3.9. Testing of Effluent
1. The Town may direct any Commercial, Industrial or
Institutional Customer connected or about to connect to the
Town's Sewer System that the characteristics of such
Customer's Sewage effluent being discharged into the
system be tested.
2. The testing of the characteristics of the Sewage shall be
done by sampling and an analysis of the Sewage effluent
composed of a minimum of three (3) days of composite
sampling during a period of three calendar months
(quarterly). When more than three samples are taken and
analyzed the maximum resulting characteristics of the three
highest daily results shall determine the Customer's Sewage
characteristics.
3. Samples are to be collected from a Sewage sampler or, in
its absence, samples shall be composited on a twenty-four
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(24) hour or more basis and the weighed fraction of each
test shall be averaged throughout the three day test period.
4. All costs of tests, sampling and analysis as outlined in
Section 4.3.9. shall be borne by the Town.
4.3.10. Connections to Sewage System
1. Each Commercial, Industrial or Institutional Customer
desiring to become connected to the Town's Sewer System
shall, prior to being joined to the Sewer System, supply to
the Town information on the quality and quantity of its
proposed plant's Sewage effluent.
2. the information to the Town shall include:
a. Sewage volume;
b. Biochemical oxygen demand;
c. suspended solids;
d. "pH" factor of alkalinity or acidity;
e. temperature;
f. concentration of wastes and type; and
g. Chemical oxygen demand; and
h. such other information as the Director Town deems
pertinent.
3. Prior to approving a building application, Town is of the
opinion that any proposed new development of a potential
Commercial, Industrial or Institutional Customer may
discharge Sewage effluent of a volume or quality which
would cause the existing Sewer systems and plant to
exceed its capacity, it may refuse permission for such a
proposed plant to be connected with the existing Sewer
System.
4. The Town may, by its officers, employees and agents, enter
upon any property and Premises served or to be served with
the Town's Sewer System and into which Sewage effluent
may be discharged for the purpose of obtaining samples of
such Sewage effluent.
5. If the Director is of the opinion that it is necessary, he may
order a Commercial, Industrial or Institutional Customer to
install a suitable control manhole to permit the observation,
sampling and measurement of the Sewage effluent
discharged by the Customer into the Town Sewer System.
6. The construction of any manhole pursuant to Section
4.3.10.5. shall be accessible, safely located, and constructed
in accordance with plans approved by the Town.
7. The cost of constructing and maintaining a manhole
pursuant to Section 4.3.10.5. shall be borne by the
Commercial, Industrial or Institutional Customer who shall
maintain the same in a safe and accessible manner.
4.3.11. Prohibition or Control of Discharge
1. The Town may prohibit or control the discharge of any
wastes or Sewage effluent or types before the same is
discharged by any Commercial, Industrial or Institutional
Customer into the Town's Sewer System by:
a. Requiring the Customer to provide preliminary
treatment of such Sewage effluent, wastes, or other
15
deleterious matter, substance or thing, whether
liquid or solid.
b. Requiring the Owner of any property to construct
and properly maintain such works as the Town may
deem necessary for the proper treatment of any
Sewage effluent, wastes or other deleterious matter,
substance or thing, whether liquid or solid, before
the same is discharged into any stream, water
course, or the Town's Sewer System.
c. Preventing the discharge of any Sewage effluent,
wastes or other deleterious matter, substance or
thing, whether liquid or solid into any stream,
watercourse, or the Town's Sewer System where
works ordered to be constructed have not been
constructed or maintained to the satisfaction of the
Town.
2. Without limiting the generality of Section 4.3.11, the Town
may order any Commercial, Industrial or Institutional
Customer to construct, to properly maintain and operate at
all times such works for the preliminary treatment of
Sewage wastes, as may be required to prevent any of the
matters, things or substances referred in Section 4.1.2 from
being released or discharged into the Sewer system of the
Town from such Premise.
3. No commercial sewer, drain, or septic tank cleaning
business shall be given permission to discharge into the
Town's Sewer System unless providing service to the
Town and prior approval has been given.
5.
WASTE MANAGEMENT
5.1.
General Provisions
5.1.1. No Person shall collect, dispose of or remove Refuse Garbage
except in accordance with the provisions of this Bylaw.
5.1.2. No Person other than a Customer, or the Refuse Garbage
Collector shall open any Garbage Bin or Grass Container and in
any way disturb the contents thereof or handle, interfere with or
disturb any Garbage put out for collection or removal.
5.1.3. No Person shall deposit any, dead animal, manure, excrement,
Garbage, liquid waste or other filth upon or into any street,
service lane, alley, highway, ditch, well, lake, pond, river,
stream or water course or onto any land except with the written
consent of the Health Inspector and in accordance with the
Environmental Protection and Enhancement Act, R.S.A. 2000,
c. E-12 and Regulations.
5.1.4. The Garbage Collector, will not remove any Garbage that is in a
container other than what is defined in this Bylaw.
5.1.5. No Person shall directly or otherwise dispose of or permit any
Person to dispose of any hazardous, explosive, volatile, noxious
or dangerous device, substance or thing, including hot Ashes or
burning matter or any unwrapped wet Garbage in any Garbage
Bin, or Grass Container.
5.2.
COLLECTION AND DISPOSAL
5.2.1. The Town will provide one (1) initial Garbage Bin to each
Domestic and Commercial Customer. Additional bins as
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replacements for damaged, lost or stolen bins are the
responsibility of the property Owner and must be purchased
through the Town Office for the cost stated in the Service Fees,
Rates and Charges Bylaw.
1. The Town will provide up to five (5) Garbage Bins to each
Utility account that has their Garbage classified as
"Commercial or Institutional". Additional bins as
replacements for damaged, lost or stolen bins are the
responsibility of the property Owner and must be purchased
through the Town Office for the cost stated in the Service
Fees, Rates and Charges Bylaw.
5.2.2. All Customers shall maintain their Garbage Bin and Grass
Containers. If the Garbage Bin becomes damaged or the Refuse
Garbage Collector is unable to pick the Garbage Bin up due to
damage then the Owner will be responsible to replace the
damaged Garbage Bin as outlined in the Service Fees, Rates and
Charges Bylaw.
5.2.3. Garbage Bins shall be put out on the street directly in front of
Customers or Owner's property on the scheduled day for their
pick up as determined by the Town. If directed by the Town,
Garbage Bins shall be put in the alley for pick up.
5.2.4. Where any Premises is serviced by a lane, Garbage Bins shall
not obstruct traffic in the lane.
5.2.5. No Person shall leave a Garbage Bin on the street or alley for
over 48 hours.
5.2.6. All Customers shall put all of their Garbage into plastic bags
and place them in the Garbage Bin. The Garbage Bin will not be
picked up if Garbage is not placed in plastic bags.
5.2.7. All Customers shall ensure that all Garbage shall fit within the
Garbage Bin so that the Garbage Bin's lid is closed. Only
Garbage within the Garbage Bin with the lid closed will be
disposed of by the Garbage Collector.
5.2.8. All Customers shall keep the land in the rear of their Premises
to the center line of the lane in a clean and tidy condition and
free from Garbage or Yard Waste.
5.2.9. Clippings from shrubs and trees shall not be put out for
collection unless the same are compactly and securely tied in
bundles not exceeding four (4) feet in length.
5.2.10. Grass cuttings and garden waste, including weeds shall be
placed in a Grass Container and placed for collection in the
back alley.
5.2.11. Collections of Garbage shall be made by the Garbage Collector
on such days and at such times as the Town may appoint. The
Garbage Collector shall have the right to enter at all appointed
times such portions of all Premises within the Town as may be
required for the purpose of performing his collection, removal
and disposal duties.
5.2.12. The Town shall at any time and from time to time, enter into a
contract or contracts with any Person, firm or corporation for
the collection, removal and disposal of the whole or any part of
the Garbage accumulated within the Town, or may provide for
17
the collection, removal and disposal of Garbage by the use of
equipment and employees of the Town.
5.2.13. The Garbage Collector shall not be responsible for the
collection and removal of any of the following types of Garbage
except under a separate agreement between the Town and the
Customer and upon payment of such charges as may be set out
in such agreement:
1. Garbage resulting from the construction, repair, decorating,
clearing or grading of a building or premises,
2. scrap metal including car bodies, chassis, machinery or
parts or garage refuse,
3. household chattel, material or equipment which has an
overall length of more than four (4) feet or an overall
weight of more than twenty-three (23) kilograms (fifty (50)
pounds),
4. other refuse including such items as tires, auto parts and
wooden boxes.
5.2.14. The Town may, by written notice, direct any Customer to
promptly provide additional Garbage Bins where the Town
considers either that the number of Garbage Bins or their
condition is inadequate or insufficient in practice to meet the
spirit and intent of this Bylaw.
5.3.
RECYCLING
5.3.1. The Town promotes the use of the recycling depot for those
products that can be recycled. To aid in the efficiency of the
recycling process products should be sorted, flattened and clean.
5.3.2. Recyclable goods are those goods deemed by the Lethbridge
Regional Waste Management Service Commission as
recyclable.
6.
RESCINDING BYLAWS
6.1.
Bylaw No. 872-18 and any amendments are hereby repealed.
This Bylaw comes into force and effect upon the final reading thereof.
GIVEN FIRST READING THIS 26th DAY OF JANUARY, 2026.
GIVEN SECOND READING THIS 26th DAY OF JANUARY, 2026
GIVEN THIRD READING THIS 26th DAY OF JANUARY, 2026
______________________________________
Mayor
______________________________________
Chief Administrative Officer
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SCHEDULE "A"
Specified Penalties
Section
Violation
Penalty
3.5.2
Stage 1 Water Rationing Order
Residential:
$100
Industrial, Commercial, Institutional:
$500
Stage 2 Water Rationing Order
Residential:
$200
Industrial, Commercial, Institutional:
$700
Stage 3 Water Rationing Order
Residential:
$300
Industrial, Commercial, Institutional:
$1,000
Stage 4 Water Rationing Order
Residential:
$400
Industrial, Commercial, Institutional:
$1,500
Non-compliance with any and all water use
prohibitions and restrictions associated with the
declaration of a Water Emergency Rationing Order
Residential:
$500
Industrial, Commercial, Institutional:
$2,000
Failure to Comply to any other requirement of the
bylaw, where a penalty is not already specified:
First Offence
$250
Second Offence
$500
Third Offence
$1,000
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SCHEDULE "B"
DISCHARGE LIMITS
For existing Commercial, Institutional and Industrial Customers only:
1 year from bylaw implementation:
BOD:
800 mg/L
TSS:
1,000 mg/L
Grease:
300 mg/L
Second year from bylaw implementation
BOD:
500 mg/L
TSS:
750 mg/L
Grease:
300 mg/L
Third year from bylaw implementation
BOD:
300 mg/L
TSS:
500 mg/L
Grease:
300 mg/L
For new Commercial, Institutional and Industrial Customers
BOD:
300 mg/L
TSS:
500 mg/L
Grease:
300 mg/L
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SCHEDULE "C"
CUSTOMER ACCOUNT TERMS AND CONDITIONS
The applicant hereby requests the Town of Picture Butte to: affect the utility service
(water, sewer, garbage). The stated premises are occupied as a residence/business. The
applicant is the owner of the property.
The applicant agrees to be responsible for any damage which occurs to the premises or
associated equipment due to the connection or disconnection of the utility services as
requested in this application, unless such damage is due to negligence on the part of the
Town.
The applicant agrees to be governed by the Bylaws of the Town and all statutes and
regulations of the Province of Alberta regarding the use of utility services and agrees to
pay in accordance with the prevailing Utility Rate Bylaws within the stated time.
The Town will take every reasonable precaution to insure continuity of service to its
customers, but assumes no responsibility for any damage, inconvenience or annoyance
caused by service interruptions at any time or of any duration.
The applicant understands that the Town will supply the utilities only if they are used in a
safe and proper manner and that it is a condition precedent to the supply of these utilities
that the application will permit any authorized person to enter the premises described
above at any reasonable time to ensure the safe and proper use of any of the utilities by
the applicant. Should the authorized person be refused permission to enter and inspect
the premises, the Town will immediately discontinue the supply of utilities.
The applicant agrees that if the premises are not owner occupied, that the applicant will
advise the occupant of the terms and conditions of this application for utility service.