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UTILITY BYLAW NO. 3606/2018
Table of Contents
PART 1 - SHORT TITLE ....................................................................................................................... 1
SHORT TITLE AND ESTABLISHMENT OF UTILITIES ..................................................................... 1
PART 2 - GENERAL PROVISIONS ...................................................................................................... 1
DEFINITIONS ..................................................................................................................................... 1
DELEGATION .................................................................................................................................... 1
SUPPLY AND OWNERSHIP OF FACILITIES AND EQUIPMENT ..................................................... 2
ASSIGNMENT OF CONTRACT ......................................................................................................... 2
CITY RESPONSIBILITY AND LIABILITY .......................................................................................... 2
APPLICATION FOR SERVICE .......................................................................................................... 2
CONDITIONS OF SERVICE ............................................................................................................... 3
DEPOSITS ......................................................................................................................................... 4
INTEREST ON DEPOSITS ................................................................................................................. 5
REFUND OF DEPOSIT ...................................................................................................................... 5
SERVICE CHARGE............................................................................................................................ 6
AFTER HOURS CALLS ..................................................................................................................... 6
DISCONNECTION .............................................................................................................................. 6
RECONNECTION ............................................................................................................................... 6
WINTER INSTALLATION................................................................................................................... 6
UTILITY CHARGES AND PAYMENT OF UTILITY ACCOUNTS ....................................................... 6
BILLING ERRORS ............................................................................................................................. 7
LATE PAYMENT FEE ........................................................................................................................ 8
NOVELTY PAYMENT METHODS ...................................................................................................... 8
INTERIM UTILITY BILL ...................................................................................................................... 8
ENFORCEMENT ................................................................................................................................ 8
APPEALS ........................................................................................................................................... 8
REASONABLE NOTICE .................................................................................................................... 9
TERMINATION OF ACCOUNT BY CUSTOMER ............................................................................... 9
TERMINATION BY THE CITY UPON NOTICE .................................................................................. 9
TERMINATION WITHOUT NOTICE ................................................................................................. 10
REQUIREMENT FOR ACCOUNT .................................................................................................... 11
AUTHORIZATION TO ENTER PREMISES ...................................................................................... 12
SERVICE REMOVAL AND BUILDING DEMOLITION ..................................................................... 12
CONNECTION TO UTILITY SERVICE ............................................................................................. 12
UTILITY CONNECTION & RATE EXCEPTIONS ............................................................................. 15
ABANDONED BUILDING SEWER CONNECTIONS ....................................................................... 16
SAMPLING AND MONITORING ...................................................................................................... 16
SPILLS ............................................................................................................................................. 17
POWER AND AUTHORITY OF INSPECTORS ................................................................................ 18
OFFENCES AND PENALTIES ......................................................................................................... 20
PART 3 - WATER UTILITY .................................................................................................................. 22
WATER SERVICE BILLING RATES ................................................................................................ 22
CONNECTION TO CITY WATER SUPPLY ...................................................................................... 22
CONTINUOUS WATER SUPPLY NOT GUARANTEED .................................................................. 22
INSPECTION OF PREMISES ........................................................................................................... 23
WATER USE RESTRICTIONS ......................................................................................................... 23
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Bylaw No. 3606/2018
WASTAGE ....................................................................................................................................... 23
REQUIREMENT TO USE LOW-FLOW PLUMBING FIXTURES ...................................................... 24
UNAUTHORIZED USE OF WATER ................................................................................................. 24
INVESTIGATION INTO WATER SUPPLY SERVICE FAILURE ....................................................... 25
PRESSURE SURGES ...................................................................................................................... 26
CONTAMINATION ........................................................................................................................... 26
MEASUREMENT BY METER .......................................................................................................... 26
METER INSTALLATION AND MAINTENANCE .............................................................................. 26
INSTALLATION RESPONSIBILITY ................................................................................................. 26
METER CHAMBER .......................................................................................................................... 27
METER SIZE .................................................................................................................................... 27
BYPASSES ...................................................................................................................................... 28
METER VALVING ............................................................................................................................ 28
PROTECTION OF METER ............................................................................................................... 28
NON-REGISTERING METER ........................................................................................................... 29
TESTING OR CALIBRATION OF DISPUTED METERS .................................................................. 29
METER READING ............................................................................................................................ 29
ADDITIONAL METER READS ......................................................................................................... 30
PRIVATE SERVICES ....................................................................................................................... 30
USE OF GROUNDWATER WELLS ................................................................................................. 30
FIRE PROTECTION SERVICE ......................................................................................................... 31
FIRE HYDRANTS ............................................................................................................................. 31
PERMIT TO USE WATER FROM A FIRE HYDRANT ...................................................................... 32
TEMPORARY WATER SERVICE .................................................................................................... 32
THAWING SERVICES ...................................................................................................................... 32
SERVICE SIZE ................................................................................................................................. 33
BOILERS .......................................................................................................................................... 33
REQUESTED WATER SHUT OFF ................................................................................................... 33
BACKFLOW PREVENTER .............................................................................................................. 34
PART 4 - WASTEWATER UTILITY ..................................................................................................... 35
WASTEWATER UTILITY SERVICE LEVY AND BILLING RATES .................................................. 35
WASTEWATER CONNECTION EXCEPTIONS ............................................................................... 35
PROHIBITED DISPOSAL OF WASTEWATER ................................................................................ 35
CLEANOUTS ................................................................................................................................... 36
BACKFLOW VALVES ...................................................................................................................... 36
PLUGGED WASTEWATER SEWERS ............................................................................................. 36
TREES AND ROOTS ....................................................................................................................... 37
CONNECTION TO WASTEWATER SEWER ................................................................................... 37
STORMWATER / GROUNDWATER DISCHARGE TO WASTEWATER SEWER ........................... 37
PROHIBITED SUBSTANCES IN WASTEWATER ........................................................................... 37
DISCHARGE OF PROHIBITED SUBSTANCES .............................................................................. 39
OVERSTRENGTH SURCHARGE .................................................................................................... 40
COST OF SAMPLING ...................................................................................................................... 41
DENTAL AMALGAM SEPARATOR ................................................................................................ 41
GREASE, OIL, & SOLIDS INTERCEPTION ..................................................................................... 41
CUSTOMER SELF-MONITORING ................................................................................................... 42
DISCONNECTION OF SEWER ........................................................................................................ 43
PRIVATE WASTEWATER DISPOSAL ............................................................................................ 44
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HAULED WASTEWATER ................................................................................................................ 44
BEST MANAGEMENT PRACTICE .................................................................................................. 44
PART 5 - STORMWATER UTILITY ..................................................................................................... 45
CONNECTION TO STORMWATER SEWER ................................................................................... 45
CLEANOUTS ................................................................................................................................... 45
BACKFLOW VALVES ...................................................................................................................... 46
OIL AND GRIT INTERCEPTION ...................................................................................................... 46
PRIVATE STORMWATER SEWER SYSTEMS ................................................................................ 47
PROHIBITED STORMWATER SEWER USE ................................................................................... 47
DISCHARGE OF PROHIBITED SUBSTANCES IN STORMWATER ............................................... 49
CITY STORMWATER SEWER USE ................................................................................................ 49
DISCONNECTION OF STORMWATER SEWER ............................................................................. 49
PART 6 - WASTE MANAGEMENT UTILITY ....................................................................................... 50
SCOPE OF WASTE MANAGEMENT UTILITY ................................................................................ 50
EXCLUSIVE CONTRACTS FOR WASTE MANAGEMENT SERVICES ........................................... 51
RESIDENTIAL WASTE - DETACHED AND SEMI-DETACHED DWELLING UNITS ....................... 52
RESIDENTIAL WASTE - MULTI-FAMILY AND MULTI-ATTACHED BUILDINGS ........................... 52
COMMERCIAL WASTE ................................................................................................................... 53
CHARGES AND FEES ..................................................................................................................... 53
ADMINISTRATION OF WASTE MANAGEMENT UTILITY .............................................................. 54
USE OF THE WASTE MANAGEMENT UTILITY SERVICE AND DISPOSAL GROUNDS .............. 55
CONTAINMENT OF WASTE ............................................................................................................ 56
DISPOSAL OF WASTE .................................................................................................................... 56
RESIDENTIAL GARBAGE COLLECTION ....................................................................................... 57
NON-RESIDENTIAL WASTE ........................................................................................................... 57
HAZARDOUS WASTE, DANGEROUS GOODS, SPECIAL WASTE ............................................... 57
BURNING ......................................................................................................................................... 58
WASTE UTILITY BOUNDARIES ...................................................................................................... 58
REMAINDER ENFORCEABLE ........................................................................................................ 58
EFFECTIVE DATE ........................................................................................................................... 58
REPEAL PREVIOUS BYLAW .......................................................................................................... 59
SCHEDULE A - DEFINITIONS ........................................................................................................... 60
SCHEDULE B - WATER RATES ........................................................................................................ 60
SCHEDULE C - WASTEWATER RATES ........................................................................................... 60
SCHEDULE D - BILLING AND SERVICE FEES ................................................................................ 60
SCHEDULE E - WASTE MANAGEMENT RATES ............................................................................. 60
BYLAW NO. 3606/2018
1Being a Bylaw of The City of Red Deer to provide for the supply and use of the Water,
Wastewater, 2Stormwater and Waste Management utilities of The City of Red Deer.
WHEREAS, pursuant to Section 3 of the Municipal Government Act, RSA 2000, c M-26,
the purposes of a municipality are to provide services, facilities and other things that are
necessary or desirable for all or part of the municipality;
AND WHEREAS, pursuant to Section 7 of the Municipal Government Act Council may
pass bylaws for municipal purposes respecting the safety, health and welfare of people
and the protection of people and property, services provided by on or behalf of the
municipality, public utilities and the enforcement of bylaws;
AND WHEREAS, pursuant to Section 8 of the Municipal Government Act a Council may
regulate or prohibit and provide for a system of licenses, permits and approvals.
NOW THEREFORE COUNCIL OF THE CITY OF RED DEER HEREBY ENACTS AS
FOLLOWS:
PART 1 - SHORT TITLE
SHORT TITLE AND ESTABLISHMENT OF UTILITIES
1
(1)
This Bylaw may be called "The Utility Bylaw".
(2)
The City of Red Deer hereby establishes the following municipal utilities:
Water, Wastewater, 3Stormwater and Waste Management.
PART 2 - GENERAL PROVISIONS
DEFINITIONS
2
Words and phrases in this Bylaw shall have the meanings set out in
Schedule A.
DELEGATION
3
City Council hereby delegates to the City Manager all those powers
stipulated by this Bylaw to be exercised by the City and all necessary
authority to carry out those powers, except those powers which are
reserved exclusively for Council under the Municipal Government Act, or
reserved for other Persons pursuant to the provisions of this Bylaw. The
City Manager may delegate any powers, duties or functions granted under
this Bylaw to another employee of the City.
1 3606/A-2020
2 3606/A-2022
3 3606/A-2022
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Bylaw No. 3606/2018
SUPPLY AND OWNERSHIP OF FACILITIES AND EQUIPMENT
4
(1)
1All Carts, meters and metering equipment shall be supplied, owned and
maintained by The City unless otherwise provided in this Bylaw.
(2)
Notwithstanding the payment by a Customer of any costs incurred by The
City, The City shall retain full title to all lines, equipment and apparatus on
its side of the point of delivery, and to all meters and metering equipment
provided by it.
ASSIGNMENT OF CONTRACT
5
A contract for a Utility Service is not transferable and shall remain in full
force and effect until terminated by the Customer or The City as provided
herein.
CITY RESPONSIBILITY AND LIABILITY
6 (1)
The City does not guarantee the continuous uninterrupted supply of any
Utility Service but reserves the right to suspend the supply of a Utility
Service at any time without notice where required in the maintenance or
operation of the Utility Service.
(2)
The City and its officers, employees and agents shall not be liable for any
damages of any kind due to or arising out of:
(a)
a failure to provide a Utility Service;
(b)
the interruption of service due to maintenance or operational
requirements, or due to reasons beyond The City's control; or
(c)
the disconnection or removal of a Utility Service in accordance with
this Bylaw.
APPLICATION FOR SERVICE
7
(1)
A Person requesting a Utility Service shall apply to The City for a Utility
Service account by completing an application form and providing such
information as The City may require, including credit references,
confirmation of the identity and legal authority of the Customer, and
information respecting load and the manner in which the services will be
utilized.
(2)
The Customer shall pay an application fee as set forth in Schedule D.
(3)
The City may establish procedures for the creation of a contract for Utility
Services by telephone, fax, internet or other electronic means, or may
1 3606/B-2019
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require the Customer to sign a contract for service.
(4)
The Utility Service account shall be set up:
(a)
in the name of the Property Owner; or
(b)
in the name of the Occupant(s) of a Property where the Utilities are
requested by an Occupant of the Property. Where the Occupants
are Tenants, all of the Persons named as Tenants in the landlord-
Tenant agreement or any other rental agreement shall be jointly and
severally liable for the Utility account, regardless of which Tenant's
name the account is opened in. At the discretion of The City, a copy
of the rental agreement may be required with the application for
service; or
(c)
in the name of the general contractor in the case of a new building
under construction, where the Utilities are requested by the general
contractor.
(5)
Notwithstanding subsection (2), The City may waive the application fee in
the case of a mortgage lender which acquires title to a Property as part of
the process of foreclosure.
(6)
The establishment of a Utility Service account creates an agreement
between the Customer and The City, of which the provisions of the
application form and the terms of this Bylaw shall form a part.
CONDITIONS OF SERVICE
8 (1)
Upon receipt of all required information and fees, verification of the
Customer's identity and the accuracy of the information, the City will advise
the Customer whether and on what terms the City is prepared to supply
Utility Services to the Customer, the type and character of the connections
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 the supply of the Utility Services.
(2)
The City is not obliged to supply Utility Services until the Customer has
provided The City with access to the premises to which the Utilities are to
be provided, so to enable The City to inspect the physical connections for
such Utility and to obtain an initial meter reading for each metered Utility
Service.
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Bylaw No. 3606/2018
(3)
1The City may, without limitation, reject a Customer's request to open a new
Utility account when:
(a)
the Customer refuses the terms and conditions required to form an
agreement for Utility Services, satisfactory to The City;
(b)
the Customer is already indebted to The City, unless satisfactory
arrangements for payment of the outstanding amount have been
made with The City;
(c)
the Customer has failed to provide the deposit required by The City;
(d)
a previous Customer at the site had a history of non-payment and
The City believes, on reasonable grounds, that the defaulting
Customer would continue to occupy the premises; or
(e)
any representation made by the Customer to The City for the
purpose of obtaining a Service Connection, Utility Services, or a
continuation of Utility Services is, in The City's reasonably held
opinion, fraudulent, untruthful or misleading.
DEPOSITS
9 (1)
2Deposits are required on a Utility account, for the following cases:
(a)
Customers who have not established or maintained creditworthiness
through account history that is satisfactory to The City;
(b)
where payment of a Utility account in the name of the Customer is in
arrears;
(c)
where a Utility Service to a Property owned or occupied by the
Customer has been shut off for non-payment of the account;
(d)
3where an amount intended to be received as payment towards a
Utility account in the name of the Customer has been stopped or
dishonoured for any reason which resulted in a default of payment;
(e)
where the Customer's Utility account has been written off as a bad
debt or the Customer has a history of bad debt with The City;
1 3606/A-2020, 3606/A-2022
2 3606/A-2020, 3606/A-2022
3 3606/B-2021
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(f)
where collection proceedings, including legal action or referral to a
collection agency, have been commenced in respect of the
Customer's previous Utility account;
(g)
where the Customer has not maintained an existing or previous
Utility account with Good Payment History; or
(h)
at the discretion of The City.
(2)
Before a new Utility account is opened, the Customer shall provide a
guarantee of payment in a form acceptable to The City, in the amount set
forth in Schedule D.
(3)
Customers opening a new account due to a change of residence within
1Red Deer shall, if a deposit was required for the applicant's previous
account, be charged a deposit on the new account.
(4)
The City may waive the requirement for a deposit if The City is satisfied as
to the creditworthiness of the applicant.
(5)
The City may apply a deposit to any amount owed to The City whatsoever
by the Customer whether in relation to the Customer's Utility account or
otherwise, as determined by The City in its sole discretion.
INTEREST ON DEPOSITS
10
2No interest shall be payable by The City on utility account deposits.
REFUND OF DEPOSIT
11
3A deposit on Utility account shall be refunded when a Customer has:
(a)
established and maintained creditworthiness satisfactory to The
City; or
(b)
upon termination of the Utility Service agreement.
The City will deduct any amount owed to The City whatsoever by the
Customer whether in relation to the Customer's Utility account(s) or
otherwise. This includes any amount owing to The City as determined by
The City in its sole discretion. Any balance remaining will be refunded within
3 months of a request or from a final bill due date to the address on the
account or such other address provided by the Customer. The refund will
1 3606/A-2022
2 3606/A-2024
3 3606/B-2021, 3606/A-2024
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Bylaw No. 3606/2018
be directed to the account holder(s) named on the account at the time
deposit is refunded.
SERVICE CHARGE
12
When a Customer requests that The City attend at the Property to which
the Utility Service is being supplied with respect to any matter relating to the
supply of Utility Services or the servicing of the same, and if for any reason
whatsoever The City is unable to enter the said premises, or if the call is for
failure of service not attributable to The City, the Customer shall pay a
service charge fee as set forth in Schedule D.
AFTER HOURS CALLS
13
The Customer shall pay the applicable afterhours fee as set forth in
Schedule D for service calls after 4:00 p.m. or before 7:30 a.m., Monday
through Friday, or on a Saturday, Sunday, or statutory or civic holiday. The
afterhours fee shall also apply if a meter is required to be installed or
connected, or should a Utility Service be required to be disconnected or
reconnected during such times.
DISCONNECTION
14
The Customer shall pay a disconnection service charge as set forth in
Schedule D where a Utility Service is disconnected.
RECONNECTION
15
Before the City reconnects or restores Utilities Services, the Customer shall:
(a)
pay any amount owed by the Customer to the City for Utility Services
or , at The City's discretion, make arrangements for payment
satisfactory to the City;
(b)
pay the applicable deposit as set forth in Schedule D;
(c)
pay the applicable reconnection service charge as set forth in
Schedule D.
WINTER INSTALLATION
16
The cost payable by the Customer for installing a service between October
1st of any year and May 15th of the following year shall be increased by the
amount set forth in Schedule D.
UTILITY CHARGES AND PAYMENT OF UTILITY ACCOUNTS
17
(1)
The rates and charges for Utility Services shall be those set out in the
Schedules to this Bylaw or as otherwise established by resolution of Council
from time to time.
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Bylaw No. 3606/2018
(2)
1Where water is supplied by the City through a water meter, including those
for irrigation purposes, the Customer shall pay to the City both the water
and Wastewater fixed and variable rates and charges as set out in the
Schedules to this bylaw, or as otherwise established by resolution of
Council from time to time.
(3)
2 All rates and charges shall be paid to The City within the time prescribed
by this Bylaw. The Utility bill is deemed received seven (7) days after it is
sent. A Utility bill sent by electronic means is deemed to be received the
date it is sent. A Customer is responsible to pay the amounts owing in a
Utility bill whether or not the Customer has received it.
(4)
The whole amount owing in a Utility account is payable upon receipt and
the account will be deemed to be in arrears if payment is not made on or
before the due date stated on the bill.
(5)
Any charge on a Customer's account remaining unpaid after the due date
will be in arrears and constitute a debt owing to the City recoverable by any
or all of the following methods:
(a)
The City may discontinue the supply of all or any Utility Services;
(b)
The City may draw on the deposit held by the City;
(c)
The City may terminate the Customer's account;
(d)
The City may add the outstanding account balance to the tax roll of
an Owner of a Property, if the account is in the Owner's name;
(e)
By action in any Court of competent jurisdiction; or
(f)
By distress and the sale of the goods and chattels of the Customer
wherever they may be found in 3Red Deer.
BILLING ERRORS
18
Where a Customer has been charged less or more than they should have
been charged for Utility Services provided, The City will review the account
and make corrections for the billing errors for up to a maximum of 12 months
prior to the date the error is discovered. Corrections will not be made for
billing errors in respect of Utility Services provided more than one year prior
to the date the billing error is discovered.
1 3606/A-2024
2 3606/A-2020, 3606/B-2024
3 3606/A-2022
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Bylaw No. 3606/2018
1LATE PAYMENT FEE
19
If The City has not received payment in full by the due date on the front of
the bill, whether the payment is made at a financial institution or directly to
The City, a late payment fee in the amount as set forth in Schedule D will
be added to the account.
NOVELTY PAYMENT METHODS
20
The City may refuse to accept a payment by way of a cheque drawn on a
form other than a bank cheque form (a Novelty Cheque), but where The
City does so, the Customer shall be liable for and pay to The City all charges
and costs incurred to process the Novelty Cheque. The City will follow the
Bank of Canada rules and regulations of currency acceptance limitations in
respect of payment by cash.
INTERIM UTILITY BILL
21 (1)
Where The City has not measured the amount of a metered Utility Service,
it may issue an interim Utility bill based on estimated consumption and shall
credit Utility accounts for all payments made by a Customer against such
interim bill.
(2)
Where any service rate or charge is designated by reference to a time
certain, the charge for a lesser period of time shall be calculated on a
proportionate basis.
ENFORCEMENT
22
The City is authorized to collect all accounts owing to The City under this
Bylaw, and may take any of the measures a municipality is authorized to
take under the Municipal Government Act, RSA 2000, Chap M-26.
APPEALS
23 (1)
A Customer who uses, receives, or pays for Utility Services may appeal a
service charge, rate or toll charged under this Bylaw on the grounds that
such service charge, rate or toll does not conform to the established public
Utility rate structure, has been improperly imposed, or is discriminatory, to
the Alberta Utilities Commission.
(2)
A Customer may appeal decisions made by 2The City pursuant to the
following sections of this Bylaw:
(a)
Section 18 - Billing Errors
(b)
Section 28 - Requirement for an Account; and
1 3606/B-2021
23606/A-2022
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Bylaw No. 3606/2018
(c)
Section 31 - Connection to Utility Service
to the Red Deer Appeal and Review Board by filing a Notice of Appeal with
the Clerk of the Board and paying the applicable filing fee within 14 days of
receiving the aforementioned decision, in accordance with the provisions
set out in The Appeals Board Bylaw. When hearing an appeal, the Board
may confirm, revoke or vary the decision.
REASONABLE NOTICE
24
1The City shall send written notice to a Customer of any breach of this Bylaw
which may result in The City discontinuing the supply of Utility Services
and/or terminating the Customer's Utility account. Such notice shall be
delivered at least 10 days prior to discontinuance of Utility Services or the
termination of the Utility account. Written notice shall be provided by at least
one (1) of the following methods:
(a)
electronic delivery means;
(b)
mail delivery service; or
(c)
manually posted at service location, such as Hang Tag.
TERMINATION OF ACCOUNT BY CUSTOMER
25
(1)
2A Customer is responsible for all charges accruing to the Customer's
account until the latter of:
(a)
the date the City is notified that the account is closed; or
(b)
the date requested by the Customer to close the account.
(2)
When a Customer gives notice to The City that the Customer's account is
to be closed, The City shall obtain a final reading of any meter as soon as
reasonably practical,3 and the Customer shall be liable for and pay for all
service supplied prior to such reading. The City may base the final charge
for service on an estimated meter reading which will be prorated from the
time of an actual meter reading.
TERMINATION BY THE CITY UPON NOTICE
26
4The City may discontinue the supply of any Utility Service and/or terminate
a Utility account for any of the following reasons, after notice has been given
1 3606/A-2020
2 3606/A-2020
3 3606/A-2022
4 3606/A-2020
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Bylaw No. 3606/2018
pursuant to Section 24:
(a)
non-payment of any Utility accounts;
(b)
inability of The City to obtain safe access to premises to read, service
or inspect any City infrastructure;
(c)
failure or refusal of a Customer to comply with any provision of this
Bylaw;
(d)
1breach of the terms and conditions that the Customer agreed to as
part of The City's provision of the Utility Service as per Section 8(1);
(e)
failure or refusal of a Customer to comply with the provisions of any
statute or regulation including the Alberta Building Code; or
(f)
in any other case provided for in this Bylaw.
TERMINATION WITHOUT NOTICE
27
(1)
The City may discontinue the supply of a Utility Service without prior
notice in the event of any threatened or actual danger to life or Property,
or in any other similar circumstances that the City determines, in its sole
discretion, acting reasonably, require such action
(2)
The City may discontinue the supply of the Water Utility Service without
prior notice for any of the reasons listed above or for any of the following
reasons:
(a)
if the Customer has caused, permitted or allowed any piping,
fixture, fitting, container or other appliance to be or remain
connected to the water supply system which allows or has the
potential to allow water from a source other than the Water Utility or
any other harmful or Deleterious liquid or substance to enter the
Water Utility;
(b)
failure by a Customer to notify The City within 24 hours after the seal
on a bypass is broken;
(c)
failure by a Customer to repair or replace a Backflow Preventer within
ninety-six (96) hours of being so directed by The City;
(d)
in the event of an emergency or water shortage as The City deems
necessary; or
1 3606/A-2022
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Bylaw No. 3606/2018
(e)
in any other case provided for in this Bylaw.
REQUIREMENT FOR ACCOUNT
28
(1)
1All Properties that are connected to or receive a Utility Service are
required to have a Utility account. If there is no Customer with a Utility
account for a Property, and there is no application that qualifies a
Customer for a Utility account for the Property, the Property Owner shall
be deemed to be the Customer for the Property and The City may:
(a)
disconnect the Utility Service; or
(b)
open a new Utility Service account in the name of the Property
Owner and charge the fee set forth in Schedule D to open the
account in addition to other ongoing charges under Schedules B &
C.
(2)
Properties with shared standpipe service, where it is physically impossible
or impracticable to turn off water services to the Property without adversely
affecting water services to one or more other Customers that occupy the
same Property and/or that receive water services through a common
service connection, are to be maintained in the Property Owner's name until
such time The City approves a new account application.
(3)
The City may, without approval or consent of a Property Owner, upon not
less than 10 days written notice to the Property Owner, open a new account
in the name of the Property Owner in respect of the Property if:
(a)
the Occupant is more than 60 days in arrears of payment and it is
physically impossible or impracticable to turn off water services; or
(b)
the Occupant has displayed threatening behaviour and has been
deemed by The City to be unwilling to work with The City and/or it is
unsafe for City employees to work with the Occupant.
In such a case, the Property Owner shall be required to pay for Utility
Services from the date on which the new account is opened by The City in
the Property Owner's name. The Property Owner shall not be required to
pay for the Occupant's arrears for Utility Services at that location, unless a
provision in an agreement otherwise specifies.
Nothing herein shall prevent the Property Owner from requesting that The
City discontinue such Utility Service, provided that the Property Owner pays
1 3606/A-2022
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Bylaw No. 3606/2018
the associated service charge(s) as set out in the Bylaw.
AUTHORIZATION TO ENTER PREMISES
29
(1)
In accordance with the Municipal Government Act, The City may, after
giving reasonable notice to the Property Owner or occupier of the Property,
enter any Property upon which a meter or shut-off valve is situated for the
purpose of providing, maintaining or terminating the supply of a Utility
Service to that Property.
(2)
The Customer and the Property Owner are responsible to provide The City
reasonable access to the meter, shut-off valve and other City infrastructure
for the purpose of providing, maintaining or terminating the supply of a Utility
Service.
(3)
The City may remove obstructions that are interfering with the performance
of providing, maintaining or terminating the supply of a Utility Service and
may charge the Customer or the Property Owner the costs associated with
such removal. The City will use reasonable care to avoid damaging the
obstruction during removal.
(4)
If The City cannot access the meter or shut off valve for any reason, The
City may charge a no access fee to the Customer or Property Owner as set
forth in Schedule D.
SERVICE REMOVAL AND BUILDING DEMOLITION
30
(1)
1No Person shall cause, permit or allow a building to be demolished or
removed until The City determines that either the Utility Services to the
Property are appropriate to remain connected to the City's infrastructure, or
that they are to be removed.
(2)
Utility charges will continue in accordance with the rates identified in this
Bylaw until all occupiable buildings located on the Property have been
demolished.
CONNECTION TO UTILITY SERVICE
31 (1)
Within one year after a Utility Service becomes available, the owner of every
building situated on land abutting on any street in which there is a Water
Main or a Wastewater Sewer, shall at the owner's expense connect such
building to the water system and install sanitation Facilities, where available,
and connect the building to the Wastewater Sewer systems in accordance
with the requirements and standards set out in the Alberta Building Code
and elsewhere in this Bylaw.
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(2)
The Property Owner shall provide The City with a completed application in
the form approved by The City for a permit to make such connection. The
application shall include any plans, or specifications as may be required by
the City's Engineering Design Guidelines, or other information required by
The City.
(3)
No Person may connect to a Utility Service until such time as payment has
been made to The City by the Property Owner or prior owner in respect of
the cost of construction of the Utility Service (including carrying charges) to
serve the land owned or occupied by that Person, or until such Person has
made other arrangements satisfactory to The City to pay that Person's
proportionate share of those costs.
(4)
The rates, fees and additional charges imposed by The City in respect of
The City's Water Utility or Wastewater Utility are intended to provide for just
and reasonable costs for services for each Customer, so as to achieve a
cost structure that is not contrary to the Municipal Government Act or other
applicable legislation. Accordingly, The City's rates, and connection fees
contemplated within subsection (3) above and (5) below, take into account
such factors as, where applicable:
(a)
the size of the service requested and paid for;
(b)
the size of any increased service requested;
(c)
the nature and amount of the connection fee payable; and
(d)
prior payment of capital costs of the Utility Service by a
corresponding Property Owner or prior owner of the same lands
including, without restriction, developer-paid costs and contributions
to the capital costs of Utility Services.
(5)
Without restricting the foregoing, and subject always to subsection (6)
below, The City's connection fees contemplated within subsection (3) and
(4) above shall apply to:
(a)
each parcel of land contained within an area of The City previously
unserviced by The City's Water Utility or Wastewater Utility and for
which a new Water or Wastewater Service Connection is required or
otherwise requested, excluding all those parcels of land contained
within the exception areas contemplated within Section 32;
(b)
each additional parcel which is subsequently subdivided out of any
existing lands serviced by The City's Water Utility or Wastewater
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Bylaw No. 3606/2018
Utility, where a new Water or Wastewater Service Connection is
required for the subdivided parcel;
(c)
each case of a requested increase in the size and/or capacity of the
Service Connection for The City's Water Utility and/or Wastewater
Utility, requested by a Property Owner that is already a Customer;
in each case in the amounts and as more particularly set forth within
Schedule D as a condition of connection to and commencement services of
The City's Water Utility, Wastewater Utility and/or 1Stormwater Utility.
(6)
The connection fee specified in subsection (3), (4) and (5) above shall not
apply to any parcel in respect of which The City has otherwise received or
made arrangements to receive payment of an equivalent appropriate
amount, whether through conditions of development, subdivision or
otherwise, as determined by The City.
(7)
Notwithstanding subsection (1), The City shall have the discretion to extend
the period of time within which the connection to the Water Main or
Wastewater Sewer must be made for such period of time as The City
considers is reasonable and subject to review every 5 years or less,
provided that such extension of time is consistent with City policies and
Council direction, and also provided that the failure to connect:
(a)
will not jeopardize the health or safety of the Occupants of the
building or of other 2Red Deer residents;
(b)
will not adversely affect the integrity or operation of those utilities;
and
(c)
will not present an undue risk of damage to Property or the
environment.
(8)
A Person who has been directed to connect their building to a Utility Service
may appeal the direction pursuant to Section 23, Appeals.
(9)
Prior to connecting to a Utility Service, the Property Owner must open a
Utility account and make payment of all application rates, fees and deposits
that may be required under this Bylaw.
(10)
No Person shall uncover, make any connections with or opening into, use,
alter, or disturb any Water Mains, City Water Service Connections, City
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Sewer Service Connections, Wastewater Sewer, 1Stormwater Sewer or
appurtenances thereof, unless authorized by The City.
(11)
All Water Mains, Wastewater Sewers, and 2Stormwater Sewers located
within The City's Property, right-of-way, or easement shall be constructed
by The City's forces or its contractors and shall be maintained by The City.
3Upon request, and at the sole discretion of The City, The City may
authorize the Property Owner, at the Property Owner's expense, to
construct infrastructure and Facilities which shall be built to The City's
standards, and shall become the property of The City upon The City's
acceptance post-construction.
(12)
All Private Water Service Connections, Private Sewer Connection
infrastructure and Facilities on private Property shall be constructed and
maintained by the owner's forces at their expense in accordance with the
requirements of this Bylaw and the Alberta Building Code.
UTILITY CONNECTION & RATE EXCEPTIONS
32 (1)
Notwithstanding Section 31 of this Bylaw, the owners of the following
Property shall not be subject to payment of applicable connection fees for
Water Utility, Wastewater Utility and/or
4Stormwater Utility Service
Connection, as the case may be, prior to the hook-up of the corresponding
Utility Service, and as a condition of commencement of such services:
(a)
Water Utility - all Property located on Cronquist Place, Cronquist
Drive, and Cronquist Close; and
(b)
Wastewater Utility - all Property located on Cronquist Place,
Cronquist Drive, and Cronquist Close.
(2)
Any connection fee received by The City or arrangements made by the City
to receive payment of an equivalent amount in respect of the property
described in Section 32(1)(a) and Section 32(1)(b) above shall be refunded
to the Property Owner and terminated as applicable.
(3)
Without restricting Subsection 3 and 4 of Section 31, and notwithstanding
Schedule B and C, all owners of Property within the following areas shall be
subject to a special customer class and corresponding rate for services of
The City's Water Utility and/or Wastewater Utility services, as the case may
be, as a condition of provision of such services:
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(a)
Water Utility - all Property located on Cronquist Drive, Cronquist
Place and Cronquist Close; and
(b)
Wastewater Utility - all Property located on Cronquist Drive,
Cronquist Place and Cronquist Close.
as more particularly set forth in Schedule F.
ABANDONED BUILDING SEWER CONNECTIONS
33
1When any Wastewater or Stormwater Private Sewer Connection is
abandoned, the Property Owner shall block the connection at the property
line to prevent groundwater or soil from washing into the City Sewer Service
Connection. The remainder of the sewer system is to be abandoned in
accordance with Provincial Regulations. Any existing septic tanks shall be
abandoned by either complete removal, or by filling with sand or gravel.
SAMPLING AND MONITORING
34
(1)
Where sampling is required for the purposes of determining the
concentration of constituents in the Wastewater or 2Stormwater, the sample
may:
(a)
be collected manually or by using an automatic sampling device; and
(b)
contain additives for its preservation.
(2)
For the purpose of determining compliance with this Bylaw, discrete
Wastewater or 3Stormwater streams within premises may be sampled, at
the discretion of the Inspector.
(3)
4The owner or operator of any industrial, commercial or Institutional
premises, or multi-story residential building, shall at all times ensure that
every Monitoring Access Point as required by this Bylaw is accessible to the
Inspector for the purposes of observing, sampling and flow measurement.
(4)
Any single Grab Sample may be used to determine compliance with any
provision of this Bylaw.
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(5)
All tests, measurements, analyses and examinations of Wastewater or
1Stormwater, its characteristics or contents pursuant to this Bylaw shall be
carried out in accordance with Standard Methods and be performed by a
laboratory accredited for analysis of the particular substance(s) using a
method which is within the laboratory's scope of accreditation or to the
satisfaction of the Inspector as agreed in writing prior to sample analysis.
(6)
The following businesses require Sampling Ports when it is not possible to
install a Monitoring Access Point:
(a)
dental offices;
(b)
businesses using photographic processing equipment; or
(c)
any other businesses deemed necessary by the Inspector.
SPILLS
35 (1)
In the event of a Spill on the ground or to a Wastewater and/or 2Stormwater
Sewers, the Person responsible for the Spill or the Person having the
charge, management and control of the Spill shall immediately notify and
provide any requested information with regard to the Spill to:
(a)
911 emergency if there is any immediate danger to human health
and/or safety; or
(b)
if there is no immediate danger:
(i)
3The City by contacting the Source Control 24 Hour # 403-
342-8750;
(ii)
the owner of the Property where the release occurred; and
(iii)
any other Person whom the Person reporting knows or ought
to know may be directly affected by the release.
(2)
Thereafter, that Person shall provide a detailed report on the Spill to The
City, within five working days after the Spill, containing the following
information to the best of their knowledge:
(a)
name and telephone number of the Person who reported the Spill
and the location and time where they can be contacted;
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(b)
location where Spill occurred; date and time of Spill; material spilled;
characteristics and composition of material spilled; volume of
material spilled; duration of Spill event;
(c)
work completed and any work still in progress in the mitigation of the
Spill;
(d)
preventive actions being taken to ensure a similar Spill does not
occur again; and copies of completed Spill prevention and Spill
response plan.
(3)
The Person responsible for the Spill, the Person having the charge,
management and control of the Spill and the owner of the Property where
the Spill occurred shall do everything reasonably possible to contain the
Spill, protect the health and safety of citizens, minimize damage to Property,
protect the environment, clean up the Spill and contaminated residue, and
restore the affected area to its condition prior to the Spill.
(4)
Nothing in this Bylaw relieves any Persons from complying with any
notification or reporting provisions of:
(a)
other government agencies, including federal and provincial
agencies, as required and appropriate for the material and
circumstances of the Spill; or
(b)
any other Bylaw of The City.
(5)
The City may invoice the Person responsible for the Spill, the Person having
the charge, management and control of the Spill and/or the owner of the
Property where the Spill occurred to recover all costs arising as a result of
the Spill and such Person(s) shall pay the costs invoiced.
(6)
The City may require the Person responsible for the Spill, the Person having
the charge, management and control of the Spill and/or the owner of the
Property where the Spill occurred to prepare and submit a Spill contingency
plan to indicate how risk of future incidents will be reduced and how future
incidents will be addressed.
POWER AND AUTHORITY OF INSPECTORS
36 (1)
An Inspector or other designated officer of The City may in accordance with
this Bylaw and the Municipal Government Act:
(a)
enter upon all properties for the purpose of inspection, observation,
measurement, sampling and testing in accordance with the
provisions of this Bylaw.
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Bylaw No. 3606/2018
(b)
take samples of Wastewater, 1Stormwater, clear-water waste and
Subsurface Water being released from the premises or flowing within
a private drainage system;
(c)
perform on-site testing of the Wastewater, 2Stormwater, clear-water
waste and Subsurface Water within or being released from private
drainage systems, Pre-treatment Facilities and
3Stormwater
management Facilities;
(d)
make inspections of the types and quantities of chemicals being
handled or used on the premises in relation to possible release to a
drainage system or watercourse;
(e)
require information from any Person, inspect and copy documents or
remove documents from premises to make copies, concerning any
potential violation of this bylaw;
(f)
inspect chemical storage areas and Spill containment Facilities and
request 4Safety Data Sheets (SDS) for materials stored or used on
site;
(g)
inspect the premises where a release of prohibited or restricted
Wastes or of water containing prohibited or restricted Wastes has
been made or is suspected of having been made, and to sample any
or all matter that in their opinion could have been part of the release.
(2)
Where an inspection discloses any failure, omission, or neglect respecting
any Utility Service upon the Customer's premises, or discloses any defect
in the location, construction, design or maintenance of any facility or any
connection there from to the Utility Service, the Person making such
inspection shall, in writing, notify the Customer, Property Owner, proprietor
or occupier to rectify the cause of complaint within a reasonable time as
determined by The City. Such notified Person shall within the time limited
rectify such cause of complaint stated in the notice.
(3)
No Person shall hinder or prevent the Inspector or designated officer of The
City from carrying out any of their powers or duties.
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Bylaw No. 3606/2018
(4)
The City may serve any Person who is in violation of any provision of this
Bylaw with written notice stating the nature of the violation and requiring the
satisfactory correction thereof within 48 hours, or within such additional time
as required by this Bylaw or as determined by The City. Such Person shall,
within the time stated in such notice, permanently cease all violations.
OFFENCES AND PENALTIES
37 (1)
Any Person who:
(a)
breaches any of the following sections of this Bylaw:
(i)
Section 31, Connection to Utility Service;
(ii)
Section 35, Spills;
(iii)
Section 42, Water Use Restrictions
(iv)
Section 43, Wastage
(v)
Section 45, Unauthorized Use of Water
(vi)
Section 47, Pressure Surges
(vii)
Section 48, Contamination
(viii)
Section 54, Bypasses
(ix)
Section 56, Protection of Meter
(x)
Section 62, Use of Groundwater Wells
(xi)
Section 63, Fire Protection Service
(xii)
Section 64, Fire Hydrants
(xiii)
Section 70, Requested Water Shut Off
(xiv)
Section 71, Backflow Preventer
(xv)
Section 74, Prohibited Disposal of Wastewater;
(xvi)
1Section 80, Stormwater/Groundwater Discharge to
Wastewater Sewer;
(xvii) Section 81, Prohibited Substances in Wastewater;
(xviii) Section 83 (3), Overstrength Surcharge;
(xix)
Section 85, Dental Amalgam Separator;
(xx)
Section 86, Grease, Oil, & Solids Interception;
(xxi)
Section 87 (2), Customer Self-Monitoring;
(xxii) Section 91, Hauled Wastewater;
(xxiii) 2Section 99, Prohibited Stormwater Sewer Use;
(xxiv) 3Section 100 (1), Discharge of Prohibited Substances in
Stormwater; or
(xxv) Section 114, Hazardous Waste, Dangerous Goods, Special
Waste;
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Bylaw No. 3606/2018
(b)
fails to act in compliance and accordance with any notice given under
this Bylaw;
(c)
obstructs an Inspector;
(d)
releases Wastewater improperly;
(e)
discharges water, without a permit, to the Wastewater or
1Stormwater Sewer systems that was not provided by The City; or
(f)
knowingly makes false statements, records, reports, plans or other
documents filed or required to be maintained pursuant to this Bylaw,
or falsifies, tampers with or knowingly renders inaccurate any
monitoring device or method required under this Bylaw
shall be guilty of an offence and upon summary conviction shall be liable to
pay court costs plus a penalty of:
(i)
$250 for the first occurrence of such offence;
(ii)
$1,000 for the second occurrence of such offence;
(iii)
$2,500 per occurrence for any subsequent occurrence; and
(iv)
in default of payment of the penalty, to imprisonment for up
to 6 months.
(2)
Any Person who breaches any other provision of this Bylaw shall be guilty
of an offence and upon summary conviction shall be liable to pay court costs
plus a penalty of:
(a)
$100 for the first occurrence of such offence;
(b)
$500 per occurrence for any subsequent occurrence of the offence;
and
(c)
in default of payment of the penalty, imprisonment for up to 30 days.
(3)
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 of not less than that established by this Bylaw for each such
day.
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(4)
A Peace Officer or Bylaw Enforcement Officer who has reasonable grounds
to believe that a Person has contravened any provision of this Bylaw, may
serve upon such Person an offence ticket allowing the payment of the
specified penalty to The City which payment will constitute a guilty plea and
shall be accepted by The City in lieu of prosecution for the offence.
PART 3 - WATER UTILITY
WATER SERVICE BILLING RATES
38
(1)
A Water Utility Customer shall pay the amounts specified in this Bylaw
and in Schedules B and D for all water supplied and Water Utility
Services provided.
(2)
The City shall determine which rate in Schedule B and D shall apply to any
particular Customer.
(3)
The rate payable by a Customer as set out in Schedule B of this Bylaw for
all water supplied shall be determined by reference to the size and the
reading of the water meter supplied to each Customer.
(4)
Where a Remote Reading Device is installed in addition to the water meter,
the water meter shall be used to determine the official reading.
CONNECTION TO CITY WATER SUPPLY
39
In the case of a new Private 1Water Service Connection to a City water
Service Connection that is 38 mm or larger in diameter, the Customer shall
provide, at the Customer's expense, proof of satisfactory bacteriological test
results (as per ANSI/AWWA C651-05) for the service, from a laboratory
accredited to perform such tests by the Province of Alberta.
CONTINUOUS WATER SUPPLY NOT GUARANTEED
40
(1)
2The City does not guarantee the pressure, nor the continuous supply of
water and The City reserves the right, at any and all times without notice,
to change operating water pressures and to shut off water. The City and
its officers, employees and agents shall not be liable for any damages of
any kind due to changes in water pressure, the shutting off of water, or by
reason of the water containing sediments, deposits, or other foreign
matter.
(2)
Customers depending upon a continuous and uninterrupted supply or
pressure of water or having processes or equipment that require particularly
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clear or pure water shall provide such Facilities as they consider necessary
to ensure a continuous and uninterrupted supply or pressure or quality of
water required for their use.
INSPECTION OF PREMISES
41 (1)
The City may inspect the premises of a Customer who applies to The City
for the supply of water in order to determine if it is advisable to supply water
to such Customer.
(2)
The City may, with the permission of the Customer, inspect the premises of
the Customer in order to do any tests on water piping or fixtures belonging
to such Customer so as to determine if this Bylaw is being complied with
and in the event that such Customer fails or refuses to give such permission,
the supply of water to that Customer may be shut off.
WATER USE RESTRICTIONS
42 (1)
The City may, at such times and for such lengths of time as The City
considers necessary or advisable, regulate, restrict or prohibit the use of
water for use other than human consumption. The City may cause the water
supply to any Customer who causes, permits or allows irrigation, wastage,
exterior washing, or other non-human consumption in contravention of any
such regulation, restriction or prohibition to be shut off until the Customer
undertakes to abide by and comply with such regulation, restriction or
prohibition.
(2)
No Customer shall operate, use, interfere with, obstruct or impede access
to the Water Utility Service or any portion thereof in any manner not
expressly permitted by this Bylaw, in default of which The City may cause
the water being supplied to such Customer to be shut off until such
Customer complies with all of the provisions of this Bylaw.
WASTAGE
143 (1)
Subject to Section 43(2), no Customer shall cause, permit or allow the
discharge of water so that it runs useless, whether by reason of leakage
from Private Service Connection, a faulty plumbing system or otherwise.
(2)
The City may, subject to the terms and conditions of a dewatering permit
or under such other condition as The City may consider reasonable, allow
a Customer to discharge water for the purposes of:
(a)
the installation and maintenance of infrastructure, including the
flushing of Water Mains, hydrant leads and City Water Service
Connections to prevent stagnation and/or to remove Deleterious
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Bylaw No. 3606/2018
materials;
(b)
preventing the freezing of Water Mains, hydrants leads, irrigation
systems and services connections;
(c)
conducting water flow tests;
(d)
firefighting and associated training programs; or
(e)
other purposes as deemed necessary by The City.
REQUIREMENT TO USE LOW-FLOW PLUMBING FIXTURES
44
(1)
Any Person installing plumbing fixtures for any new construction or
renovation project that requires a plumbing permit for a residential,
commercial, industrial, or Institutional structure shall install only Low-flow
Plumbing Fixtures.
(2)
The requirements of subsection (1) shall not apply to plumbing Facilities
installed for safety or emergency purposes including emergency safety
showers and face / eye wash stations.
UNAUTHORIZED USE OF WATER
45 (1)
No Customer shall:
(a)
sell water supplied hereunder;
(b)
use or apply any water to the use or benefit of others or to any other
than the Customer's own use and benefit;
(c)
increase the usage of water beyond that agreed upon with The City;
or
(d)
extract or remove any water from any hydrant within 1Red Deer;
without first obtaining written permission from The City and subject to such
reasonable conditions as The City may impose with respect to the quantity,
price and times of withdrawal of the water so used.
(2)
2During such periods as The City may designate by notice published in a
newspaper in Red Deer:
(a)
no Customer shall use, permit, or allow to be used, any water
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supplied to any premises, the numerical address of which
(excluding street name) ends in an odd number, for vehicle
washing, lawn watering or other irrigation purposes on any day of
the month which is an even number;
(b)
no Customer shall use, permit, or allow to be used any water
supplied to any premises, the numerical address of which (excluding
street name) ends in an even number for vehicle washing, lawn
watering, or other irrigation purposes, on any day of the month which
is an odd number; or
(c)
no Customer shall use, permit, or allow to be used, any water
supplied to any premises for vehicle washing, lawn watering or other
irrigation purposes.
(3)
1 DELETED
(4)
If the City finds an unauthorized use of water including use resulting from
any tampering with a meter or other Facilities, the City may make such
changes in its meters or other Facilities, or take such other corrective action,
as may be appropriate to ensure only authorized use. The Customer shall
pay all costs of such action necessary to remedy any violation of the law
caused by the Customer.
(4)
Upon finding an unauthorized use of water, the City may disconnect the
service connection immediately, without notice, and shall charge the
Customer all costs incurred in correcting the condition, in addition to any
other rights and remedies which may be available to the City.
INVESTIGATION INTO WATER SUPPLY SERVICE FAILURE
46 (1)
Any Customer that notifies The City of a failure or interruption of water
supply, the investigation of which necessitates the excavating of a street
shall, prior to excavating, deposit with The City the costs thereof as
estimated by The City, or sign a work order, agreeing to pay such costs, at
the discretion of The City.
(2)
If such failure or interruption was caused by the City Water Service
Connection the Customer shall not be liable for such costs and any deposit
paid shall be refunded.
(3)
If such failure or interruption was caused by the Private Water Service, the
actual cost of such work shall be paid by the Customer and the deposit shall
be applied thereto; any excess shall be refunded to the Customer and any
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deficiency shall be collected in the same manner as water rates.
PRESSURE SURGES
47
No Customer shall cause, permit or allow any apparatus fitting or fixture to
be or remain connected to the Customer's water supply or to be operated
which causes pressure surges or other disturbances which may in the
opinion of The City, result in damage to other Customers or to the Water
Utility Service.
CONTAMINATION
48
No Customer shall cause, permit or allow to be or remain connected to the
Customer's water supply system any piping, fixture, fitting, container or
other appliance which may cause water from a source other than the Water
Utility Service or any liquid or substance to enter the Water Utility Service.
The City may cause the water supply to any Customer contravening the
provisions of this section to be shut off provided that The City shall, if The
City considers it practicable so to do, give notice to such Customer prior to
such water supply being shut off. The water supply to such Customer shall
not be restored until such Customer has paid to The City all costs
associated with the shutting off of the water supply, the clean-up of
contamination and the remedying of the Customer's default under this
section.
MEASUREMENT BY METER
49
All water supplied by The City to a Customer shall be measured by a meter
unless otherwise provided for in this Bylaw.
METER INSTALLATION AND MAINTENANCE
50 (1)
Customers who require the installation of more than one meter shall pay a
fee as set forth in Schedule D for each additional meter.
(2)
The City may change a Customer's meter(s) with notice given pursuant to
Section 24.
INSTALLATION RESPONSIBILITY
51 (1)
Water meters supplied by The City which are 50 millimetres in size or
smaller shall be installed by The City with no direct charge to the Customer.
(2)
Water meters supplied by The City which are larger than 50 millimetres in
size shall be installed at the expense of the Customer.
(3)
The Customer shall provide for the installation of a water meter to the
satisfaction of The City and when required shall install a properly valved
bypass.
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Bylaw No. 3606/2018
(4)
For water meter installation within a building, the Customer shall provide a
suitable site for such installation near a main shut off, to the satisfaction of
The City and in accordance with the City of Red Deer Design Guidelines.
(5)
The Customer shall ensure that employees or agents of The City have clear
access to meter areas and water meters for meter testing and reading
purposes.
(6)
1Unless The City otherwise approves, The City shall not be obligated to
supply more than one water meter for any one building. If additional water
meters are approved, a separate 2Service Valve will be required for each
additional water meter.
(7)
3A separate water meter shall be installed for each of the two Dwelling Units
contained within a duplex residential building and a separate Service Valve
will be required for each meter.
(8)
Any Customer whose water is not metered, or whose meter is not positioned
to the satisfaction of The City, shall make proper provision for a meter to be
installed or the meter to be moved as the case may be, all costs of which
shall be paid by the Customer.
METER CHAMBER
52
When in the opinion of The City, the premises to be supplied with water are
too far from the City Service Connection to conveniently install a meter in
the premises, or if a number of buildings are to be so supplied or for any
other reason in the opinion of The City, then the Customer shall, at the
Customer's sole cost, construct and maintain a container for a meter and
such container shall in all respects including location, construction size,
access and otherwise howsoever be satisfactory to The City.
METER SIZE
53
The size of the meters shall be determined as follows:
(a)
if the internal diameter of the Private Service is 25 millimetres or less,
a 16 millimetre meter shall be used; or
(b)
if the internal diameter of the Private Service exceeds 25 millimetres,
the size of the meter shall be one size smaller than the size of the
Private Service; or
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(c)
if the Private Water Service is a Combined Service, the internal
diameter of the Private Water Service branch to be used for purposes
other than fire protection shall determine the meter size as set out in
subsections (a) and (b) of this section.
BYPASSES
54
Any Customer having a water meter 50 millimetres in size or larger shall at
the Customer's own expense construct and maintain a properly valved
bypass satisfactory to The City which bypass shall be sealed by The City
and shall be opened by the Customer only in case of emergency. The
Customer shall notify The City within 24 hours after the seal on the bypass
is broken, failing which The City may cause the water supply to such
Customer to be shut off until satisfactory arrangements have been made for
the calculation of and payment for water supplied and not recorded on the
meter.
METER VALVING
55
Any Customer having a meter smaller than 50 millimetres in size shall, at
the Customer's sole cost and expense, supply and maintain valves on both
sides of and within 300 millimetres of the meter.
PROTECTION OF METER
56 (1)
The Customer shall provide adequate protection for the meter supplied by
The City and any associated valves or pipes against freezing, heat or any
other internal or external damage of any kind which may affect the operation
of the water meter or meters, failing which the Customer shall pay to The
City all costs associated with the repair of such meter or associated valves
& pipes which amount shall be recoverable in the same manner as all other
costs and charges provided for under this Bylaw.
(2)
No Person other than an authorized City employee shall install, test, repair,
remove, disconnect, reconnect a meter unless specifically authorized to do
so in writing by The City.
(3)
No Person shall break, tamper or interfere with any meter or facility.
(4)
The Customer shall notify The City immediately whenever a water meter is
not operating or if any part of a meter becomes damaged or broken.
(5)
The Customer is responsible for the safe keeping of any water meter and
any Remote Reading Device that is installed on the Customer's premises.
(6)
The Customer shall pay the cost of repairing or replacing any water meter
or metering accessories supplied and installed by The City that may be
damaged from any causes or any other cause within the control of the
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Bylaw No. 3606/2018
Customer.
(7)
The Customer shall notify The City within 24 hours if the seal on the bypass
valve or a water meter is broken for emergency purposes or any other
purpose.
NON-REGISTERING METER
57 (1)
If, upon the reading of a meter, it is determined that the meter has failed to
accurately record the consumption of the Utility Service supplied then the
consumption will be estimated upon such basis that The City considers to
be fair and equitable and the account rendered pursuant to Section 18.
(2)
Where it has been determined by The City that the meter is not accurately
recording the consumption of a Utility Service, The City may enter the
premises to replace the meter, on notice to the Customer pursuant to
Section 24.
TESTING OR CALIBRATION OF DISPUTED METERS
58 (1)
A Customer who disputes a meter reading shall give written notice to The
City.
(2)
Following receipt of written notice; the water meter situated on the
Customer's premises shall be tested or calibrated by a qualified Person
designated by The City. If the meter is found to be accurate within 98.5% to
101.5% of the water passing through it, the expense of such test or
calibration shall be borne by the Customer in the amount designated in
Schedule D.
(3)
If the meter is found not accurate within the above limits it shall forthwith be
repaired or be replaced by one that is accurate and the expense thereof
shall be borne by The City.
(4)
If a meter is found not to be accurate within the aforesaid limits then any
meter handling and testing fees paid by the Customer shall be refunded,
and the billings adjusted.
(5)
Where an examination of past meter readings or other information does not
disclose the time at which the meter error commenced, then the meter error
shall be deemed to have commenced twelve months prior to the date the
meter was tested or from the date upon which the meter was installed,
whichever is less.
METER READING
59 (1)
A Customer shall permit The City to perform meter reading using automated
monitoring equipment. Additional fees may apply for on-site meter reading
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Bylaw No. 3606/2018
and manual account adjustment, as set out in Schedule D if a Customer
does not allow automated metering infrastructure to be installed within their
premises.
(2)
The City shall endeavour to read the meters once every month, or at such
other intervals as are reasonable and practicable under the circumstances.
If The City cannot gain access safely to read the meter as aforesaid, the
consumption of the Utility Service shall be estimated upon such basis as
The City considers to be fair and equitable and the account rendered in
accordance with such estimate. Each meter shall be read at least once per
year and if such reading cannot be obtained, The City may discontinue any
or all Utility Services supplied to the premises, until such time as The City
is able to obtain an actual meter reading.
(3)
The City may shut off the water supply to a Customer who refuses to provide
a water meter reading or access to perform a water meter reading after
notice has been given pursuant to Section 24.
(4)
The Customer shall ensure that access to the meter is safe, well lit, and free
of hazards to the Person reading the meter.
(5)
The City may require a water meter to be either tested on site or removed
for testing by a Person authorized by The City at any time. The City may
discontinue any or all Utility Services supplied to the premises until such
time as a Person authorized by The City is able to obtain access to test the
meter or remove it for testing.
ADDITIONAL METER READS
60
When a Customer requests a meter reading at a time other than the regular
scheduled time for meter reading, the Customer may be assessed a fee as
set forth in Schedule D for such reading. Provided, however, if upon such
reading, it is determined that the previous billed meter reading is incorrect,
no fee shall be required.
PRIVATE SERVICES
61
All Persons doing any work or service upon a Private Water Service or the
plumbing system attached to it shall comply with the provisions of the
Alberta Building Code and any applicable bylaws. A Private Water Service
shall be buried to a depth of at least 2.7 metres to prevent freezing.
USE OF GROUNDWATER WELLS
62
Once a parcel of land is connected to City Water Service, any groundwater
wells within such Property must be abandoned unless otherwise approved
in writing by The City. Such approval would be subject to cross-connection
control, flow measurement and periodic inspection, as stipulated by The
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Bylaw No. 3606/2018
City.
FIRE PROTECTION SERVICE
63 (1)
A Fire Line shall be used only for fire protection purposes and a water line
which provides combined domestic service and Fire Line service shall not
be installed without the prior approval of the Fire Chief.
(2)
The City shall determine whether or not a meter shall be affixed to a Fire
Line. If required, the meter shall be supplied and installed in a manner
satisfactory to The City at the Customer's expense.
FIRE HYDRANTS
64
(1)
Unless authorized by The City, no Person shall:
(a)
open or close any fire hydrant or valve;
(b)
connect any device of any kind to a fire hydrant, including a pipe,
hose, fixture, or appliance; or
(c)
use water from a fire hydrant, regardless of whether that hydrant is
located on private or public Property, for any purpose other than fire
protection.
(2)
All fire hydrants are to be numbered and painted to The City's standard. The
City may provide this service upon request, as per the rates in Schedule D.
This information can be provided upon request to 1The City.
(3)
No Property Owner or Occupant of a parcel or premises shall allow the
access to a fire hydrant located on or adjacent to that parcel or premises to
be obstructed in any manner, whether by the building or erection of any
structure or the accumulation of any building material, rubbish or other
obstruction.
(4)
No Property Owner or Occupant of a parcel or premises shall allow anything
on the parcel or premises to interfere with the operation of a fire hydrant
located on or adjacent to that parcel or premises.
(5)
All Persons who own Property on which a fire hydrant is located or own
Property which is adjacent to City owned Property on which a fire hydrant
is located shall:
(a)
maintain a one (1) metre clearance on each side of a fire hydrant;
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(b)
not permit anything to be constructed, erected, or placed within the
clearance area;
(c)
not permit anything except grass to be planted within the clearance
area; and
(d)
maintain visibility of hydrants from the nearest access road.
PERMIT TO USE WATER FROM A FIRE HYDRANT
65 (1)
The City may authorize the use of a fire hydrant and the use of water from
a fire hydrant on a temporary basis where no other supply of water can
reasonably be obtained.
(2)
The City will, as a condition for the use of a fire hydrant and the use of water
from a fire hydrant, require that the water pass through a water meter and
backflow prevention device prior to use.
(3)
Any Person authorized to use a fire hydrant shall obtain a hydrant
connection permit from The City and ensure that a copy of such permit is
kept with the Persons utilizing the hydrant and they must produce the
hydrant connection permit to an employee or agent of The City immediately
upon demand. A minimum of 30m3 of usage will be charged per day if
weekly meter reads are not submitted.
TEMPORARY WATER SERVICE
66 1 (1)
Any Persons requiring a temporary water supply during the course of
construction shall apply to The City and shall pay the sums required in
Schedule B and D, which may include installation and removal of service
water meter and Backflow Preventer and water consumption charges. A
minimum of 30m3 of usage will be charged per day if weekly meter reads
are not submitted.
(2)
Any Person wishing to obtain water from the public bulk water stations in
The City shall apply for an account allowing them to obtain water from that
source. The Customer will pay an application fee and a consumption charge
at the Bulk Water Rate as set forth in Schedule D.
THAWING SERVICES
67 (1)
The cost of thawing a frozen service shall be borne as follows:
(a)
by the Customer if the Private Water Service or the plumbing system
connected thereto is frozen, as determined by The City;
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Bylaw No. 3606/2018
(b)
by the Customer if the City Water Service Connection is frozen as a
result of the negligence of the Customer, as determined by The City;
(c)
by The City if the City Water Service Connection is frozen for any
other reason, as determined by The City.
(2)
If The City is of the opinion that a Private Water Service or plumbing system
has frozen without any negligence on the part of the Customer or any other
Person for whose negligence the Customer is responsible, The City may
waive the cost of one thawing during any one winter season which shall be
deemed to run from October 15th to May 15th.
(3)
The City shall not thaw a Private Water Service or plumbing system unless
the Customer shall first have signed an acknowledgement recognizing that
thawing may be inherently dangerous to Property including Private Water
Service or plumbing system and may cause damage to electrical systems
or the outbreak of fire and waiving any claim against The City for any such
damage whatsoever except damage caused by the negligence of The City.
SERVICE SIZE
68
The size of the service required for residential purposes shall be determined
in accordance with the Alberta Building Code, provided that The City shall
not install a service having a size smaller than 25 mm.
BOILERS
69
In any case where a steam boiler or equipment of a nature similar to that of
a steam boiler is supplied directly from a service, such boiler or other
equipment shall be equipped with at least one safety valve, vacuum valve
or other device sufficient to prevent the collapse or explosion thereof in the
event the water supply thereto is shut off.
REQUESTED WATER SHUT OFF
70 (1)
No Person shall turn a water Service Valve on or off except as authorized
by 1The City.
(2)
No Property Owner of a parcel or premises shall allow a water Service Valve
to be turned on or off except as authorized by The City.
(3)
If a Customer requires the supply of water to be shut off for their own
purposes, the Customer shall submit a request to The City and pay The City
the amount specified in Schedule D.
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BACKFLOW PREVENTER
71 (1)
Where in the opinion of The City, the configuration of any water connection
creates a high risk for contamination to the water system, the Customer,
upon being given notice by The City, shall install on their water service an
approved Backflow Preventer at the Customer's sole cost at all identified
sources of potential contamination.
(2)
No Customer or other Person shall connect, cause to be connected, or allow
to remain connected to the water system any piping, fixture, fittings,
container or appliance, in a manner which under any circumstances, may
allow contaminated or Polluted Water, Wastewater, or any other liquid,
chemical or substance to enter the domestic water system.
(3)
If a condition is found to exist which is contrary to subsection (2), The City
may issue such order or orders to the Customer as may be required to
obtain compliance with subsection (2).
(4)
All Backflow Preventers shall be inspected and tested at the expense of the
Customer, upon installation, and thereafter annually, or more often if
required by The City; by Personnel approved by The City to carry out such
tests, to demonstrate that the device is in good working condition. The
Customer shall submit a report in a form approved by The City for all tests
performed on a Backflow Preventer within thirty (30) days of a test and a
record card issued by The City shall be displayed on or adjacent to the
Backflow Preventer. The tester shall record thereon the name and address
of the owner of the device; the location, type, manufacturer, serial number
and size of the device; and the test date, the tester's initials, the tester's
name (if self-employed) or the name of the testers employer and the tester's
license number.
(5)
When the results of a test referred to in subsection (4) show that a Backflow
Preventer is not in good working condition, the Customer shall, repair or
replace the device within ninety-six (96) hours. If the Customer fails to
comply with the direction given, The City may shut off the water service or
water services.
(6)
If a Customer fails to have a Backflow Preventer tested, The City may notify
the Customer that the Backflow Preventer must be tested within ninety-six
(96) hours of the Customer receiving the notice.
(a)
if a Customer fails to have a Backflow Preventer tested within the
time provided in subsection (4), The City may cause the water
service or water services to be terminated until the Backflow
Preventer has been tested and approved as required by Section 71
of this Bylaw.
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Bylaw No. 3606/2018
(7)
No Person shall turn on a water Service Valve to provide water to the
Occupants of any newly renovated, constructed, or reconstructed premises
until the plumbing system in such premises has been inspected for Cross
Connections and approved by The City
(8)
No Persons other than those who have achieved journeyman plumber or
"Certificate of Competency" in an accredited program of Alberta may
conduct the tests on Backflow Preventers.
PART 4 - WASTEWATER UTILITY
WASTEWATER UTILITY SERVICE LEVY AND BILLING RATES
72
The City hereby levies on all Persons owning or occupying Property
connected with The City's Wastewater Sewer system a fixed Wastewater
charge plus a variable charge based on the volume of Wastewater
contributed by the Customer, to be paid monthly as determined by The City
calculated using the rates set forth in Schedule C.
WASTEWATER CONNECTION EXCEPTIONS
73
Notwithstanding Section 72, The City shall have the right to make special
agreements on terms fixed by The City with certain industries or others to
whom large quantities of water are sold but whose uses of such water do
not involve the return of comparable amounts of Wastewater to The City's
Wastewater Sewer system.
PROHIBITED DISPOSAL OF WASTEWATER
174 (1)
No Person shall place, deposit, dump or permit Wastewater, Dangerous
Goods, or any other Waste, to be deposited in any manner upon public or
private Property within Red Deer or in any area under the jurisdiction of The
City.
(2)
No Person shall discharge to any watercourse within Red Deer or to any
area under the jurisdiction of The City, any Wastewater, Industrial Waste,
Dangerous Goods, or Polluted Waters, except where suitable pre-treatment
is provided.
(3)
Except as permitted by this Bylaw or the Alberta Building Code, no Person
shall construct or maintain in Red Deer any privy or pit toilet, septic tank,
cesspool, RV dump or other facility intended or used for the collection or
disposal of Wastewater.
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CLEANOUTS
75
A Building Sewer that is connected to a Wastewater Sewer shall be
equipped with a main Cleanout with a minimum diameter of 100 mm located
not more than 25 m from Property line. 1The main Cleanout shall be located
as close as practical to the point where the Wastewater Sewer leaves the
building and in such a manner that the opening is readily accessible and
has sufficient clearance (2 metres). The building Wastewater Sewer from
Cleanout to Property line is to be as straight as possible. A maximum of one
45° bend is permitted for the Cleanout and a maximum of one additional
45° bend may be used between the Cleanout and Property line. Total angle
of all bends shall not exceed 90°.
BACKFLOW VALVES
76
All Wastewater plumbing fixtures and floor drains set below the highest level
of the ground surface adjacent to the premises shall be protected from
backflow by an approved Wastewater Backflow Valve.
PLUGGED WASTEWATER SEWERS
277 (1)
When a Sewer backup occurs, a Customer shall be responsible for
contacting a plumbing firm to arrange for the blockage to be Fully Cleared.
(2)
The City, acting reasonably, shall determine when a blockage is Fully
Cleared.
(3)
When the cause of the blockage is determined to originate from the
portion of the Sewer that The City is responsible for under this Bylaw, The
City shall reimburse the Customer the actual costs incurred by the
Customer to Fully Clear the blockage. The City may require video proof
that the blockage is Fully Cleared prior to Customer reimbursement. Such
reimbursement may be limited to a maximum amount of up to three (3)
hours at the rates identified in Schedule D.
(4)
When the cause of the blockage is determined to originate from the
portion of the Sewer that the Customer is responsible for under this Bylaw,
the Customer shall be responsible for removing the blockage and all costs
associated with doing so.
(5)
Where a dispute exists as to the responsibility of sewer failures or
blockage, an adequate video inspection with Meterage or an electronic
line location may be performed to determine the location of the problem.
The City, acting reasonably and with regards to all evidence including
but not limited to video, shall determine where the cause of the problem
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originated. All costs associated with such a determination shall be borne
by the party responsible for maintaining the portion of the Sewer where
the cause of the problem is found to originate.
(6)
The Customer, or plumbing firm on behalf of the Customer, shall notify
The City if the plumber is unable to Fully Clear a blockage within the
Sewer Connection.
(7)
When the Customer or plumbing firm becomes aware of an issue or
failure of a City Sewer, they shall notify The City within 2 business days.
(8)
The City has the final judgement in what work is considered suitable for
reimbursement.
TREES AND ROOTS
78 (1)
Deep rooting trees shall not be planted within 6 metres of Wastewater
Sewer mains or services.
(2)
Tree roots infesting and/or blocking a sewer shall be the responsibility of
the party responsible for maintaining the portion of the sewer where the
cause of the infesting and/or blocking originated.
CONNECTION TO WASTEWATER SEWER
79
No weeping tile, Sump pump or eavestrough downspout system shall be
connected to any Wastewater Sewer unless approved in writing by The City.
STORMWATER / GROUNDWATER DISCHARGE TO WASTEWATER SEWER
80
No Person shall discharge, or cause to be discharged, Stormwater, surface
water, groundwater, roof run-off, subsurface drainage, or Cooling Water to
any Wastewater Sewer, unless:
(a)
upon the application of the Customer The City determines that
exceptional conditions prevent compliance with the foregoing
provisions and authorizes such discharge; and
(b)
1the discharge is in accordance with a valid dewatering permit or
otherwise approved by The City.
PROHIBITED SUBSTANCES IN WASTEWATER
81
No Person shall discharge or permit to be discharged into any Wastewater
Sewer:
(a)
any solid or viscous substance capable of causing obstruction, or
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Bylaw No. 3606/2018
other interference with the operation of the Wastewater system,
including Dangerous Goods, Hazardous Waste, Biological Waste,
Combustible Waste, Biomedical Waste, Reactive Waste, elemental
mercury, prescription or illegal drugs, soil, PCBs, Pesticides,
Radioactive Materials, hair, grease, oil, cigarettes, ashes, cinders,
sand, potters clay, resin, mud, straw, metal, glass, rags, feathers, tar,
plastics, wood, grass clippings, insoluble shavings, asphalt,
creosote, bone, hide, eggshells, meat and fat trimmings or Waste,
baking dough, chemical residues, spent grain and hops, whole food,
garbage, paint residues, cat box litter, animal tissues, manure, blood,
or Sharps;
(b)
Wastewater having a pH lower than 6.0 or higher than 10.5, or having
any other corrosive 1property capable of causing damage or hazard
to structures, equipment, and Wastewater treatment processes;
(c)
Wastewater containing substances in concentrations exceeding the
following:
(i)
Antimony
1.0 mg/L
(ii)
Arsenic
1.0 mg/L
(iii)
Barium
3.0 mg/L
(iv)
BTEX
1.0 mg/L
(v)
Boron
1.5 mg/L
(vi)
Cadmium
0.05 mg/L
(vii)
Chromium
1.0 mg/L
(viii)
Chlorinated Hydrocarbons
0.02 mg/L
(ix)
Copper
0.5 mg/L
(x)
Cyanide
1.0 mg/L
(xi)
Hydrocarbons
50 mg/L
(xii)
Lead
1.0 mg/L
(xiii)
Manganese
1.0 mg/L
(xiv)
Mercury
0.1 mg/L
(xv)
Nickel
0.5 mg/L
(xvi)
Phenolic Compounds
0.1 mg/L
(xvii) Selenium
1.0 mg/L
(xviii) Silver
1.0 mg/L
(xix)
Sulphide
1.0 mg/L
(xx)
Zinc
1.0 mg/L
(xxi)
Total Suspended Solids (TSS)
4,800 mg/L
(xxii) Biochemical Oxygen Demand (BOD)
4,800 mg/L
(xxiii) Chemical Oxygen Demand (COD)
9,600 mg/L
(xxiv) Total Phosphorus
150 mg/L
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(xxv) Total Kjeldahl Nitrogen
400 mg/L
(xxvi) Oil and Grease - animal, vegetable
500 mg/L
(xxvii) Oil and Grease - synthetic hydrocarbon
50 mg/L
(xxviii) Phosphates
100 mg/L
(d)
Wastewater containing hydrogen sulphide, carbon disulphide,
reduced sulphur compounds, amines or ammonia;
(e)
Wastewater containing dyes or colouring materials which may or
could pass through a Wastewater 1Treatment Plant and discolour the
Wastewater effluent;
(f)
Wastewater above 75 degrees Celsius;
(g)
any substance which:
(i)
is or may become harmful to any recipient water course or
collection system or part thereof or will cause a violation or
noncompliance event in the Operating Approval for the
Wastewater 2Utility;
(ii)
may interfere with the proper operation or maintenance of the
Wastewater system, disposal of biosolids, or any Wastewater
treatment process or cause damage to the Wastewater Works
or Wastewater 3Treatment Plant;
(iii)
grit removed from commercial or industrial premises including
but not limited to grit removed from car washing
establishments, automobile garages and restaurant Sumps or
from Interceptors;
(iv)
will be discharged in layers or will form layers upon interaction
with other Wastewater;
DISCHARGE OF PROHIBITED SUBSTANCES
82 (1)
Any Person responsible for or aware of the discharge of prohibited
substances in the Wastewater system shall immediately report to The City
in order that the necessary precautions can be taken to minimize the
Deleterious effects of the discharge. Such Person must also make other
required reports to Alberta Environment and any other governing body.
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Bylaw No. 3606/2018
(2)
If testing of Wastewater shows that it is noncompliant with this Bylaw, The
City may direct the Customer to comply with the Bylaw and may, in addition,
direct the Customer at its expense to install such monitoring and recording
equipment as The City deems necessary and to provide to The City the
results of said monitoring as required.
(3)
Any Person who contravenes any of the provisions of Section 81, 82, 83 or
85 shall, in addition to any penalty for infraction of this Bylaw, be liable to
and shall on demand pay to The City all costs of monitoring, sampling,
testing, and removing any contamination resulting from the discharging of
any such substances into a Wastewater Sewer, and for any other amount
for which The City may be held liable because of such contamination.
OVERSTRENGTH SURCHARGE
83 (1)
1A Person who has discharged, caused, or permitted Wastewater to be
discharged into any Wastewater Sewer containing constituents exceeding
the concentrations outlined in Schedule C may be required to pay an
Overstrength Surcharge. The City Manager will determine, in their sole
discretion, whether a Person is required to pay an Overstrength Surcharge.
(2)
2Should testing of the Wastewater being discharged into the Wastewater
Sewer be required for the purpose of determining the Wastewater
Overstrength Surcharge rate, such sampling shall be conducted by the
Inspector, or by the Customer to the satisfaction of the Inspector, using
automated sampling devices or in accordance with the following manual
sampling protocol:
(a)
samples from the effluent produced at a location will be collected for
a minimum of any two days within a seven day period;
(b)
a minimum of four Grab Samples of equal volume shall be taken
each day, such samples to be taken at least one hour apart;
(c)
the analysis shall be conducted on a Composite Sample made of
each day's Grab Samples; and
(3)
The results of the foregoing tests shall be averaged to determine the
characteristics and concentration of the effluent being discharged into the
Wastewater Sewer.
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Bylaw No. 3606/2018
(4)
No Person shall, for the purpose of meeting any concentration limits set out
in this Bylaw, dilute any Wastewater intended to be deposited in the
Wastewater collection system.
COST OF SAMPLING
84
When the Customer's discharged Wastewater contains constituents
exceeding the discharge limits in Section 81, 82, or 83, the cost of all
sampling and analysis shall be 1subject to the fee set out in Schedule C.
DENTAL AMALGAM SEPARATOR
85
Every owner or operator of premises from which Dental Amalgam may be
released into a Sewer, shall:
(a)
install in any piping system at its premises that connects directly or
indirectly to a Sewer, Dental Amalgam Separators with at least 95%
removal efficiency in amalgam weight and which are certified as
compliant with ISO 11143 - "Dental Equipment: Amalgam
Separators";
(b)
operate and maintain all Dental Amalgam Separators in good
working
order
and
according
to
the
manufacturer's
recommendations;
(c)
provide an approved monitoring point which is readily and easily
accessible at all times for inspection; and
(d)
provide to the Inspector on request a maintenance schedule and
record of maintenance for each installed Dental Amalgam Separator.
GREASE, OIL, & SOLIDS INTERCEPTION
86 (1)
Every owner or operator of premises containing a restaurant, vehicle
repair or auto body shop, petroleum service station, or vehicle and
equipment washing establishment, or other premises as deemed
necessary by The City of Red Deer shall:
(a)
install an Interceptor or filter for the removal from Wastewater of
grease, oil, solids or other harmful substance;
(b)
make available to the Inspector upon request a maintenance
schedule and record of maintenance for the Interceptor or filter; and
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(c)
shall keep and make available to the Inspector upon request a two-
year record of documentary proof of Interceptor clean-out and the
disposal of oil, grease, solids and sediments.
(2)
All Interceptors shall be of a type and capacity approved by The City and
shall be located so as to be readily and easily accessible for cleaning and
inspection and shall be maintained by the Customer at the Customer's
expense in continuously efficient operation at all times. The Interceptors
shall be installed in compliance with the most current requirements of the
Alberta Building Code.
(3)
No Person shall:
(a)
discharge emulsifiers into the Sewer system ahead of an Interceptor;
or
(b)
use enzymes, bacteria, solvents, hot water or other agents to
facilitate the passage of Oil and Grease through a Grease
Interceptor.
(4)
Should any blockage of the Wastewater Sewer system be caused by reason
of failure, omission, or neglect of a Customer, to comply strictly with the
provisions of this Bylaw, the Customer shall, in addition to any penalty for
infraction of this Bylaw, be liable to and shall on demand pay The City for
all costs of 1Fully Clearing such blockage and for any other amount for
which The City may be held liable because of such blockage.
CUSTOMER SELF-MONITORING
87 (1)
The Customer shall, at its own expense, complete any monitoring,
sampling, and testing of any discharge to a Wastewater system as required
by The City, and shall provide the results to The City in a form specified by
The City.
(2)
Any Customer who exceeds the discharge limits in this Bylaw shall submit
an environmental plan to the satisfaction of The City, at the Customer's
expense, which will detail the steps necessary to change their discharge
characteristics to the standards required under the provisions of this Bylaw.
UTILITY ACCESS CHAMBER
288 (1)
Utility Access Chamber(s) are required to be constructed in accordance with
The City standards in locations that are accessible to The City, on all
Wastewater Service Connections to premises such as:
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(a)
Industrial - oil related industries, dairies, breweries, distilleries,
packing plants, processing plants, feed mills, manufacturing plants,
fabricating plants, and painting shops;
(b)
Commercial - shopping centres, strip malls, warehouses, grocery
stores, heavy machine repair, welding shops, automobile repair,
service stations, car washes, restaurants, paint stores, hotels,
motels, dry cleaners, and laundries; and
(c)
Other - residential dwellings over 6 units, apartment over 6 units,
nursing homes, senior complexes, Institutions, hospitals, dental
labs, funeral homes, churches, and schools.
(2)
Such Utility Access Chamber may be constructed by the Customer, or by
The City at the Customer's cost, and shall be maintained by the Customer
to be safe and accessible at all times.
DISCONNECTION OF SEWER
89
(1)
Where Wastewater which:
(a)
is hazardous or creates an immediate danger to any Person;
(b)
endangers or interferes with the operation of the Wastewater
collection system; or
(c)
causes or is capable of causing an adverse effect;
is discharged to the Wastewater collection system, the Inspector may, in
addition to any other remedy available, remove, disconnect, plug or shut off
the Sewer line discharging the unacceptable Wastewater into the
Wastewater collection system or take such other action as is necessary to
prevent such Wastewater from entering the Wastewater collection system.
(2)
The Wastewater may be prevented from being discharged into the
Wastewater collection system until evidence satisfactory to the Inspector
has been produced to ensure that no further discharge of Hazardous
Wastewater will be made to the Wastewater collection system.
(3)
Where The City takes action pursuant to subsection (1), the Inspector may
by notice in writing advise the owner or occupier of the premises from which
the Wastewater was being discharged, of the cost of taking such action and
the owner or occupier, as the case may be, shall forthwith reimburse The
City for all such costs which were incurred.
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PRIVATE WASTEWATER DISPOSAL
90
(1)
Where a Wastewater Sewer is not available for connection as required
under the provisions of Section 31(1), the building Wastewater Sewer
shall be connected to a private Wastewater disposal system complying
with the provisions of this Bylaw, the Alberta Building Code, Alberta
Environment 1and Public Health Regulations, and such additional
requirements as may be imposed by The City. The owner shall operate
and maintain the private Wastewater disposal Facilities in an acceptable
manner at all times at no expense to The City.
(2)
After the Property Owner has connected to the Wastewater Sewer system
as required by Section 31(1), the Property Owner shall, within 60 days of
the date of connection to the Wastewater Sewer system, dispose of all
Waste appropriately and remove any septic tanks, cesspools and similar
private Wastewater disposal Facilities and reclaim the site with clean native
soil.
HAULED WASTEWATER
91
(1)
No Person shall discharge or permit the discharge of Hauled Wastewater
at any location other than a Hauled Wastewater discharge location
approved by The City. 2Manifests to discharge Hauled Wastewater at a
Wastewater treatment/management facility owned by The City are
available at the Wastewater Treatment Plant.
(2)
Any Person or company that proposes to discharge Hauled Wastewater at
The City Wastewater Treatment Plant must:
(a)
apply for and receive a Hauled Wastewater Manifest issued by The
City; and
(b)
enter into and comply with the requirements of the Hauled
Wastewater agreement established by The City.
BEST MANAGEMENT PRACTICE
92 (1)
As a condition of discharging Wastewater into the Wastewater Sewer,
Customers in industrial, commercial, and Institutional sectors shall submit to
The City a completed Notice of Wastewater Discharge form and a Best
Management Practice:
(a)
in the case of new premises, within 30 days of commencing the
discharge of Wastewater in the Wastewater Sewer; and
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(b)
In the case of existing premises, within 90 days of the date that this
Bylaw is adopted.
(2)
A Best Management Practice is not required for the discharge of
Wastewater produced from residential premises, or for sanitary Wastewater
and Wastewater from showers and restroom washbasins produced from a
non-residential Property.
(3)
A Customer must report any change in the discharging operation registered
under the Notice of Wastewater Discharge form (such as a change in the
discharge characteristics, ownership, name, location, contact Person,
telephone number, or fax number) to the Inspector within 30 days of the
change by submitting a completed Notice of Wastewater Discharge form
showing the changes.
(4)
Nothing in a Best Management Practice or a Notice of Wastewater
Discharge form relieves a Person discharging any substance from
complying with this Bylaw or any other applicable enactment.
PART 5 - STORMWATER UTILITY
CONNECTION TO STORMWATER SEWER
93
1Where the seasonally adjusted groundwater table is within 2m of the top
of the footing of any residence constructed after the passage of this Bylaw,
such residence must have a weeping tile system connected to a Stormwater
Sewer where a Stormwater Sewer is available, or with the permission of
The City, connected to the Wastewater Sewer.
CLEANOUTS
94
2A building Stormwater Sewer that is connected to The City's Stormwater
Sewer shall be equipped with a main Cleanout with a minimum diameter of
75mm, located not more than 25m from Property line. The main Cleanout
shall be located as close as practical to the point where the Stormwater
Sewer leaves the building and in such a manner that the opening is readily
accessible and has sufficient clearance (2m). The building Stormwater
Sewer from Cleanout to Property line is to be as straight as possible. A
maximum of one 45° bend is permitted for the Cleanout and a maximum of
one additional 45° bend may be used between the Cleanout and Property
line. The total of the angles of all bends shall not exceed 90°.
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BACKFLOW VALVES
95
1All weeping tile and Stormwater fixtures set below the level of the highest
ground surface adjacent to the premises shall be protected from backflow
by an approved Stormwater Backflow Valve.
TREES AND ROOTS
296
(1)
Deep rooting trees shall not be planted within 6 metres of Stormwater
Sewer mains or services.
(2)
Tree roots infesting and/or blocking a Stormwater Sewer shall be the
responsibility of the party responsible for maintaining the portion of the
sewer where the cause of the infesting and/or blocking originated.
OIL AND GRIT INTERCEPTION
97
(1)
Oil and Grit Separators are required for the following types of Properties:
(a)
Properties over 2 ha where there are no other water quality
improvement capabilities in the downstream storm system prior to
outfall to a water body;
(b)
Properties with petroleum products on-site; and
(c)
Heavy industrial and manufacturing Properties.
(2)
Every Property when deemed necessary by the City, shall install an oil and grit
separator to remove oil, sediment, solids, refuse, and other harmful substances
from 3Stormwater. All oil and grit separators shall be of a type and capacity
approved by The City and shall be located so as to be readily and easily
accessible for cleaning and inspection, and shall be maintained by the owner,
at the owner's expense, and in continuously efficient operation at all times. The
oil and grit separators shall be installed as per manufacturer's recommendations
and in compliance with the most current requirements of The City of Red Deer
Design Guidelines and Contract Specifications.
(3)
All oil and grit separators shall be inspected as per manufacturer's
recommendations or at least once per year, whichever is more frequent. Oil
and grit separators shall be cleaned immediately when indicated by inspection.
(4)
The Property Owner shall:
(a)
Make available to the Inspector upon request, the manufacturers
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recommendations, a maintenance schedule and record of
maintenance for the oil and grit separator;
(b)
Keep and make available to the Inspector upon request a minimum
five year record of documentary proof of oil and grit separator clean
out, along with documentation of appropriate disposal of all captured
materials; records shall include the recorded sediment depth
resulting from all inspections, including those which occur prior to
any sediment removal operations. These sediment depth records are
to be kept so as to assist the owner/operators and Inspectors in
identifying appropriate inspection and maintenance schedules.
(5)
No Person shall:
(a)
Discharge emulsifiers into the storm sewer system ahead of an oil
and grit separator; or
(b)
Use enzymes, bacteria, solvents, hot water or other agents to
facilitate the passage of oil and/or grease through an oil and grit
separator.
(6)
Should any blockage of the storm sewer system be caused by reason of
failure, omission, or neglect of an owner, to comply strictly with the provisions
of this Bylaw, the owner shall be liable to and shall on demand pay The City
for all costs of 1Fully Clearing such blockage, and for any other amount for
which The City may be held liable because of such blockage.
PRIVATE STORMWATER SEWER SYSTEMS
98
2Stormwater Sewers installed on industrial, commercial or Institutional
Property for the purposes of collecting Stormwater and carrying it into the
Stormwater Sewers shall be equipped with an Interceptor. The installation
of catch basins and Interceptors on private Property shall comply with The
City's Design Guidelines, as they may be amended from time to time.
PROHIBITED STORMWATER SEWER USE
399
(1)
No Person shall discharge, or cause to be discharged, groundwater, roof
run-off, subsurface drainage, or Cooling Water from any industrial
process, to any Stormwater Sewer, unless;
(a)
upon the application of the Customer, The City determines that
exceptional conditions prevent compliance with the above and
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authorizes such discharge;
(b)
the discharge is in accordance with a validated dewatering permit;
and
(c)
previously approved by The City.
(2)
All roof, Sump pump or other water discharge shall not be directed onto,
or cause nuisance or hazard to, neighbouring or public property unless
approved by The City.
(3)
No Person shall discharge, deposit or permit any of the following into any
pipe, main conduit, Utility Access Chamber, street inlet, gutter or aperture
draining into the Stormwater system any:
(a)
Deleterious substance; Industrial Waste; domestic Waste; non-
domestic Waste; Wastewater; trucked liquid Waste; pool or hot tub
water; mud, sand, silt, or grit; any flammable liquid or explosive
material; solvent or petroleum derivative including but not limited to
gasoline, naphtha or fuel oil; any pesticides, insecticide or
fungicides; Radioactive Material; septage, soil, dead animals or
parts, cooking oils and greases, transmission fluids, battery acids
and antifreeze, paint, cement or concrete wastes, sawdust, wood,
fibre board or construction material, yard waste, herbicides or
fertilizers, soaps or detergents, hazardous substances or animal
wastes.
(b)
corrosive, noxious or malodorous gas, liquid or substance which
either singly or by interaction with other Wastes, is capable of:
(i)
creating a public nuisance or hazard to life;
(ii)
preventing human entry into a Stormwater Sewer or pump
station; or
(iii)
causing damage to the Stormwater system.
(c)
other substance which may cause impairment of or damage to
the environment, human health, safety, Property, or The City's
infrastructure.
(4)
No Person shall obstruct or restrict a Stormwater Sewer or the flow therein.
(5)
No Person shall discharge water to any Stormwater Sewer or to a
watercourse, containing any substance which, in the opinion of The City:
(a)
is or may become harmful to any recipient watercourse or
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Bylaw No. 3606/2018
Stormwater system or part thereof;
(b)
may interfere with the proper operation or maintenance of the
Stormwater system;
(c)
may become a health or safety hazard to Persons, Property, animals,
vegetation and the environment.
DISCHARGE OF PROHIBITED SUBSTANCES IN STORMWATER
100 (1)
Any Person responsible for or aware of the discharge of prohibited
substances in the 1Stormwater system shall immediately report that event
to The City in order that the necessary precautions can be taken to minimize
the Deleterious effects of the discharge. Such Person must also make other
required reports to Alberta Environment and any other governing body.
(2)
Should any testing of 2Stormwater show that it is noncompliant with this
Bylaw, The City may direct the Customer to comply with the Bylaw and may,
in addition, direct the Customer at its expense to install such monitoring and
recording equipment as The City deems necessary and supply the results
of said monitoring as required. The cost of all sampling and analysis shall
be at the Customer's expense.
(3)
Any Person who contravenes any of the provisions of Section 98 shall, in
addition to any penalty for infraction of this Bylaw, be liable to and shall on
demand pay to The City all costs of monitoring, sampling, testing, and
removing any contamination resulting from the discharging of any such
materials into a 3Stormwater Sewer, and for any other amount for which The
City may be held liable because of such contamination.
CITY STORMWATER SEWER USE
4101
The City may discharge water into a Stormwater Sewer or watercourse
resulting from non-domestic activities such as:
(a)
hydrant and Water Main flushing (dechlorination and erosion
and sediment control required); and
(b)
firefighting activities.
DISCONNECTION OF STORMWATER SEWER
102
(1)
5Where Stormwater which:
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(a)
is hazardous or creates an immediate danger to any Person or the
environment;
(b)
endangers or interferes with the operation of the Stormwater system;
or
(c)
causes or is capable of causing an adverse effect;
is discharged to the Stormwater system, The City may, in addition to any
other remedy available, remove, disconnect, plug or seal off the Stormwater
Sewer line discharging the unacceptable water into the Stormwater system
or take such other action as is necessary to prevent such water from
entering the Stormwater system.
(2)
1The water may be prevented from being discharged into the Stormwater
system until evidence satisfactory to The City has been produced to assure
that no further discharge of hazardous water will be made to the Stormwater
system.
(3)
Where The City takes action pursuant to subsection (1), The City may by
notice in writing advise the Property Owner or occupier of the premises from
which the water was being discharged, of the cost of taking such action and
the Property Owner or occupier, as the case may be, shall forthwith
reimburse The City for all such costs.
PART 6 - WASTE MANAGEMENT UTILITY
SCOPE OF WASTE MANAGEMENT UTILITY
103 (1)
The City Waste Management Utility shall provide for the collection,
transport, treatment and/or disposal of Garbage, Recyclables, Organics,
Yard Waste and Special Waste within 2Red Deer as specified in this Bylaw.
(2)
As Waste Management Utility Services are not a metered service, the
provisions of Part 2 of this Bylaw dealing with the creation and
administration of Utility accounts apply to the Waste Management Utility,
subject to all necessary modifications to reflect the provisions of this Part.
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EXCLUSIVE CONTRACTS FOR WASTE MANAGEMENT SERVICES
104 (1) 1The City is authorized to enter into exclusive contracts for the collection,
removal and disposal of Garbage, Recyclables, Organics and Yard Waste
within Red Deer.
(2) The Waste Collection Service shall not have exclusive rights to collect the
following types of Waste:
(a)
large household goods such as furniture;
(b)
2Garbage in on-site mechanical compactors, roll-off bins, or
Containers;
(b.1)
3 DELETED
(c)
Waste produced in the process of constructing, altering or repairing
a building;
(d)
materials not accepted at the Disposal Grounds;
(e)
those items suitable for recycling or reuse; or
(f)
Waste of any kind generated from the Michener Centre.
(3)
Where The City has entered into such exclusive contracts, no Person other
than the Waste Collection Services Contractor may provide the same or
similar type of service within 4Red Deer.
(4) Notwithstanding that, the Property Owner or Occupant of premises may
remove or dispose of Garbage, Recyclables, Organics or Yard Waste from
those premises.
(5)
Any Person who breaches the provisions of subsection (3 or 4) hereof, in
addition to being liable to prosecution for an offence under this Bylaw, shall
be liable for and make payment to The City of the amount of revenue which
would have been generated had The City been able to collect the Garbage,
Recyclables, Organics or Yard Waste.
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RESIDENTIAL WASTE - DETACHED AND SEMI-DETACHED DWELLING UNITS
1105 (1)
The City shall provide the following Waste Collection Services to all
detached and semi-detached Dwelling Units and secondary suites, unless
otherwise directed by the City Manager:
(a)
Garbage and Recyclables shall be collected on a bi-weekly basis; and
(b)
2Organics shall be collected on a weekly basis during the growing season
and on a biweekly basis during the winter season (the dates of which shall
be determined by 3The City on a yearly basis)
(2)
The City will provide Dwelling Units that are eligible for Automated Collection
of Waste with Carts for the containment and collection of Garbage, Recyclables
and Organics.
(3)
Carts assigned to a Dwelling Unit shall remain at that premise. The Property
Owner or Occupant of that premise is responsible for the assigned Cart and shall
ensure it is:
(a)
maintained in a clean and good condition;
(b)
secured against theft or loss;
(c)
available to The City and/or its contractors within a reasonable timeframe
for the purposes of inspection, maintenance, repair or removal for
replacement;
(d)
4used only for the type of Waste designated to that Cart (i.e. Green Carts
are for Organics and Yard Waste only, Blue Carts are for Recyclables only
and Black Carts are for Garbage only).
RESIDENTIAL WASTE - MULTI-FAMILY AND MULTI-ATTACHED BUILDINGS
5106 (1)
The City shall provide weekly collection of Garbage and Recyclables for
all Multi-Family and Multi-Attached Buildings.
(2)
6Notwithstanding subsection (1), The City may allow a Multi-Family or
Multi-Attached Building to opt out of City-provided collection services and
use a private collection service provider if the Property Owner or agent can
demonstrate that the following is met, to the satisfaction of The City:
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(a)
the existing collection infrastructure at the Multi-Family or Multi-
Attached Building is incompatible with City-provided collection
services and no reasonable solution is available; and
(b)
the collection services provided by the private collection service
provider will be at least equivalent to City-provided collection
services including, but not limited to, the frequency of collection and
the collection of the same types of Recyclables.
(3)
Notwithstanding subsections (1) and (2), upon request, the City will allow
Multi-Family properties which had a service contract with a private collection
service provider in place for 1Garbage collection prior to September 16,
2019 to remain with that service provider until such time as the Multi-Family
property terminates the service contract with that private collection service
provider, or the private collection service provider cannot meet the
conditions set out in subsection (2)(b).
COMMERCIAL WASTE
107
(1)
In this section, Non-residential Premises includes premises of a commercial
or industrial nature, as well as Institutions and Places of Worship.
(2)
2Subject to the provisions of Section 104, the Property Owner or Occupant
of Non-residential Premises may choose to have Garbage from the
premises collected by The City or by a private contractor.
(3)
The City does not provide Recyclables, Organics or Yard Waste collection
services to Non-residential Premises.
CHARGES AND FEES
108 (1)
3The Property Owner or Occupant of a premises receiving Waste Collection
Services from The City shall pay to The City the applicable fees and charges
as set out in Schedule E.
(2)
4The monthly charge for Waste Collection Services will apply even where
no Waste is set out for collection. The monthly charge shall be a debt due
to The City whether the Property is occupied or not. The Property Owner
shall be liable to pay the monthly charge where the Utility account with the
Occupant has been terminated for any reason.
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(3)
Where Waste Collection Service is provided for part of a billing period, the
rates shown under Schedule E for such service shall be prorated and
charged for the portion of the period the service is provided.
(4)
No charges shall be levied in respect of unimproved residential lands.
ADMINISTRATION OF WASTE MANAGEMENT UTILITY
109
The City shall have the following authorities with respect to the
administration of the Waste Management Utility:
(a)
ensure the safe and efficient collection, removal and disposal or
recycling of Garbage, Recyclables, Organics and Yard Waste under
this Bylaw and under any contract entered into by The City;
(b)
designate the placement and location of the Cart, Receptacle or
Container for each applicable premises;
(c)
establish which properties are eligible for Automated Collection;
(d)
set, or vary, start dates for Automated Collection and pilot programs;
(e)
establish pilot programs that may include variances from the service
levels set within this bylaw;
(f)
require the Property Owner to install a lid on a garbage Container
when, in The City's opinion, there is a problem with the containment
of Waste which could be resolved by the installation of a lid;
(g)
decide what does or does not constitute Garbage, Recyclables,
Organics, Yard Waste or Special Waste under this Bylaw;
(h)
1determine which of the rates set out in Schedule E applies to a
particular Customer for any load of Waste delivered to the Disposal
Grounds, based on the quantity, volume or type of Waste produced
by that Customer or contained in that load of Waste;
(i)
2establish such other reasonable policies or regulations as may be
necessary for the safe, orderly and efficient collection and disposal
of Waste within Red Deer.
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USE OF THE WASTE MANAGEMENT UTILITY SERVICE AND DISPOSAL GROUNDS
110
(1)
The City is not responsible to collect Waste that is not stored in a Container,
Receptacle or Cart and placed out for collection.
(2)
Customers shall place Receptacles as near as practicable to the lane
abutting the lands from which the Waste is produced so as to be easily
accessible to the Waste Collection Service contractor.
(3)
If a building is constructed such that it abuts directly on the lane, the
Property Owner shall provide to the reasonable satisfaction of The City a
space within the building of sufficient area to contain all Waste between
periods of collection.
(4)
In the case of premises for which Waste Services are not provided by a
lane, Customers shall place Receptacles in such manner as The City
directs.
(5)
A Receptacle for containing Waste shall be sufficiently strong to hold the
weight of Waste contained therein without breaking and shall not exceed
1.2m in length or 100 litres in volume.
(6)
A Receptacle when loaded with Waste shall not weigh more than 25 kg and
The City is not required to handle or collect the contents of a Receptacle
which exceeds that weight.
(7)
1A Cart, when loaded with Waste, shall not weigh more than 45 kg for a 120
litre Cart, 90 kg for a 240 litre Cart and 115kg for a 360 litre Cart.
(8)
A Cart, when loaded with Waste, shall be filled in such a way as to allow the
lid to close completely and any Waste contained therein to be easily
emptied via Automated Collection.
(9)2
Where Waste is collected by Automated Collection, any material not
contained within a Cart shall not be collected, with the exception of extra
Yard Waste.
(10)
The Customer shall ensure that Carts are properly set out for collection by
7:00 am on the scheduled collection day but not before 5:00 pm on the
previous day. All Carts shall be returned to the premises within 24 hours of
collection.
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(11)
Where Waste is collected by Automated Collection, Waste shall be placed
in the appropriate Cart assigned by The City for collection. The Customer
shall ensure that Carts set out for Waste Collection Services are:
(a)
Placed in an upright position on flat ground with their lids fully closed;
(b)
Placed with at least one (1) metre clearance on all sides of the Cart
and at least three (3) metre clearance above the Cart;
(c)
Placed so that the wheels of the Cart are against the curb for front
street collection and facing the residence for back alley collection;
(d)
Placed so that the Cart is not impeding traffic.
(12)
The City reserves the right to refuse collection if Waste set out as
Recyclables or Organics is contaminated with Garbage.
1(13) DELETED
(14)
2A Person shall not use or permit to be used any vehicle or trailer for the
conveyance or storage of Waste unless it is fitted with equipment capable
of preventing the scattering or dispersal of Waste while it is being stored or
transported by the vehicle. Any Person conveying an unsecured load, in
addition to being liable for prosecution for an offence under this Bylaw, may
be charged a surcharge at the Disposal Grounds as outlined in Schedule E.
CONTAINMENT OF WASTE
111
(1)
No Property Owner or Occupant of land shall permit Waste to accumulate
loosely on such land.
(2)
The Property Owner or Occupant of land shall ensure that any Waste
produced from such land is held in Receptacles, Carts or Containers in good
condition and which are adequate to contain the accumulation of Waste
originating from such lands between collection times.
(3)
3DELETED
DISPOSAL OF WASTE
112
(1)
All owners or Occupants of land shall remove and dispose of all Waste
originating on their lands or premises which are not collected, removed and
disposed of pursuant to this Bylaw, and in default of their so doing, The City
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Bylaw No. 3606/2018
may remove and dispose of such Waste at the expense of such owners or
Occupants, who shall pay such expenses to The City on demand.
(2)
No Person shall dispose of any Waste in a Receptacle, Cart or Container
owned or leased by another Person without the express written consent of
the owner or lessee of the Receptacle, Cart or Container.
(3)
Public Receptacles shall only be used for the disposal of incidental Waste
and shall not be used for the disposal of Waste generated by residences,
businesses or other commercial activities.
(4)
Once the Customer has set out Waste, or Waste has been accepted at the
Disposal Grounds, the Waste is deemed to be the property of the City and
shall not be removed, collected or transported except by The City.
RESIDENTIAL GARBAGE COLLECTION
113
(1)
1The owner or Occupant of residential lands or premises may remove or
cause to be removed Waste from their Property at their own expense, but
must still pay to The City the rate levied under this Bylaw for Waste
Collection Services. This section does not apply to removal of Waste from
the Michener Centre.
(2)
The owner or Occupant of multi-family residential lands or premises must
ensure that Waste is collected from the Property at least once per week.
Unless Containers are used, the Property Owner must ensure that all Waste
is neatly contained in Receptacles between collection times. The joint use
or sharing of Containers or Receptacles between multi-family residential
lands or premises, for the collection and disposal of Waste, shall not be
permitted except with the prior written permission of The City. This section
does not apply to removal of Waste from the Michener Centre.
NON-RESIDENTIAL WASTE
2
DELETED
HAZARDOUS WASTE, DANGEROUS GOODS, SPECIAL WASTE
114
(1)
The owner or Occupant of land which produces or possesses any
Dangerous Goods, Hazardous Waste or Special Waste shall remove and
dispose of such goods in accordance with this Bylaw and any regulations
of the Governments of Alberta and Canada.
(2)
The owner or Occupant of any lands from which any Dangerous Goods,
Hazardous Waste or Special Waste is removed shall properly identify such
1 3606/A-2018
2 3606/A-2021
58
Bylaw No. 3606/2018
Waste or goods and shall be responsible for obtaining approvals for the safe
transport and disposal thereof.
(3)
No Person shall deposit or mix with any Waste for collection in the Waste
Collection Service or delivery to the Disposal Grounds any Dangerous
Goods or Hazardous Waste.
(4)
No Person shall place, or cause to be placed, any Special Waste into the
Waste Collection Service or Disposal Grounds without obtaining permission
from The City and making payment of the disposal charge specified in
Schedule E.
(5)
Any Person breaching any part of this section shall be responsible for all
costs incurred in eliminating any pollution or contamination of the Disposal
Grounds or any other site in 1Red Deer and shall make payment of the same
to The City on demand.
BURNING
115
Except as provided in The City's Fire Permit Bylaw no Person shall burn or
attempt to burn any Waste in 2Red Deer.
WASTE UTILITY BOUNDARIES
3116 (1)
No Person shall deposit any Waste at the Disposal Grounds which does not
originate from within the boundaries of 4Red Deer except with the prior
written permission of The City or under the authority of a contract with The
City.
(2)
All Garbage and Special Waste generated within 5Red Deer shall be
removed and disposed of in the Disposal Grounds subject to any regulations
as set out by 6The City.
REMAINDER ENFORCEABLE
117
Should any portion of this Bylaw be found by any court to be void or
unenforceable, then it is the intention of Council that the remainder of this
Bylaw shall remain in full force and effect, notwithstanding such ruling.
EFFECTIVE DATE
118
This Bylaw shall come into effect on March 1, 2018.
1 3606/A-2022
2 3606/A-2022
3 3606/A-2021
4 3606/A-2022
5 3606/A-2022
6 3606/A-2022
59
Bylaw No. 3606/2018
REPEAL PREVIOUS BYLAW
119
Bylaw No. 3570/2016 is hereby repealed effective March 1, 2018.
READ A FIRST TIME IN OPEN COUNCIL this 5
day of February
2018.
READ A SECOND TIME IN OPEN COUNCIL this 5
day of February
2018.
READ A THIRD TIME IN OPEN COUNCIL this 5
day of February
2018.
AND SIGNED BY THE MAYOR AND CITY CLERK this 5
day of February
2018.
"Mayor Tara Veer"
"Frieda McDougall"
MAYOR
CITY CLERK
60
Bylaw No. 3606/2018
SCHEDULE A - DEFINITIONS
1SCHEDULE B - WATER RATES
2SCHEDULE C - WASTEWATER RATES
3SCHEDULE D - BILLING AND SERVICE FEES
4SCHEDULE E - WASTE MANAGEMENT RATES
5SCHEDULE F - SPECIAL WATER AND WASTEWATER RATES
1 3606/B-2024
2 3606/B-2024
3 3606/B-2024
4 3606/B-2024
5 3606/B-2024