Water Utilities Management Bylaw No. 07/035 (Consolidated) — full text

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Administrative Consolidation of Water Utilities Management Bylaw (being Bylaw No. 07/035 of the Regional Municipality of Wood Buffalo, as amended by Bylaw No. 20/029, consolidated and printed under the authority of the Chief Administrative Officer of the Regional Municipality of Wood Buffalo) This is certified to be a true copy of consolidated Bylaw No. 07/035 of the Regional Municipality of Wood Buffalo. _________________________________ Jade Brown Chief Legislative Officer The text shown in parentheses in various locations throughout this document identifies the corresponding amending bylaw which authorized the change. For example (BL 20/029) refers to Bylaw No. 20/029. BYLAW NO. 07/035 ADMINISTRATIVE CONSOLIDATION BEING A BYLAW OF THE REGIONAL MUNICIPALITY OF WOOD BUFFALO FOR THE SUPPLY AND MANAGEMENT OF MUNICIPAL WATER UTILITY SERVICES WHEREAS Section 7 of the Municipal Government Act, RSA 2000, c.M-26, as amended, provides that council may pass bylaws for municipal purposes, including public utilities, services provided by or on behalf of the Municipality and the enforcement of bylaws; NOW THEREFORE, the Council of the Regional Municipality of Wood Buffalo, in the Province of Alberta, duly assembled, enacts as follows: PART I - TITLE 1. This bylaw shall be cited as the "Water Utilities Management Bylaw". PART II - DEFINITIONS AND INTERPRETATIONS 2. For purposes of this bylaw, the following definitions shall apply: (a) "bleeder" shall mean a device installed by the Regional Municipality of Wood Buffalo in the water system to provide for a continuous flow of water in order to prevent freezing; (b) "building projects" shall mean the construction, demolition or alteration of any structure anywhere within the Municipality, but does not include landscaping or the construction, alteration or demolition or garages, garden sheds or similar structures which are accessory structures to a residential premises; (c) "Chief Administrative Officer" or "CAO" shall mean the Chief Administrative Officer for the Regional Municipality of Wood Buffalo, or his/her designate; (d) "combined service" means a service connection used or intended to be used to supply water for fire protection, as well as water for purposes other than fire protection; (e) "commercial" shall mean all premises within the Municipality which are not building projects or dwelling units; Bylaw No. 07/035 Administrative Consolidation Regional Municipality of Wood Buffalo Page 2 of 18 (f) "condominium" means premises consisting of a group of individually owned units and common property under the shared ownership of the individual unit-holders or corporation, regulated under the Condominium Property Act, RSA 2000, c.C- 22, as amended or repealed and replaced from time to time; (g) "consumer" shall mean the registered owner of a parcel of land as described by a certificate of title issued by the Alberta Registrar of Land Titles to which water is being supplied by the Regional Municipality of Wood Buffalo, and in whose name a water billing account has been established; (BL 20/029) (h) "consumption charge" shall mean a levy based on actual consumption of the water being supplied by the Regional Municipality of Wood Buffalo; (i) "curb box" shall mean the casing and stem attached to the CC to facilitate the turning-on and turning-off of the service connection; (j) "dwelling unit" shall mean any building occupied or used as living quarters or an abode by not more than three (3) families, but does not include a condominium, apartment building, mobile home park, institutional premises, lodges or mixed- use residential premises; (k) "meter" shall mean the individual or compound water meter and all other equipment and instruments supplied and used by the Regional Municipality of Wood Buffalo to calculate and register the amount of water consumed relative to the land and buildings which the meter is designed to monitor; (l) "Municipal Government Act" means, the Municipal Government Act, RSA 2000, c.M-26, as amended or repealed and replaced from time to time; (m) "municipal official" shall mean the employee or employees of the Regional Municipality of Wood Buffalo charged with the responsibility of maintaining or administering any aspect of the Regional Municipality of Wood Buffalo's water system; (n) "Municipality" shall mean the Regional Municipality of Wood Buffalo; (o) "person" shall include a partnership, firm, body corporate, entity or other legal representatives of person to whom the context applies according to law; (p) "Provincial Offences Procedure Act" means the Provincial Offences Procedure Act, RSA 2000, c.P-34, as amended or repealed and replaced from time to time; Bylaw No. 07/035 Administrative Consolidation Regional Municipality of Wood Buffalo Page 3 of 18 (q) "registered owner" shall mean the person listed as registered owner of a parcel of land as shown on the land title for that parcel registered within Alberta North Land Registration District; (r) "remote reader" shall mean that device attached to the exterior of a building enabling the Municipality to read water consumption without entering the building; (s) "Safety Codes Officer" shall mean the person(s) appointed under the Municipality's Building Permit Bylaw and in accordance with the Safety Codes Act; (t) "service connection" shall mean that portion of pipe used to supply water from the water main to a building or other place on a parcel of land for the purpose of providing water to the parcel and includes the pipe running up to the building, located on or within the exterior walls of the building, and running from exterior walls to couplings, stop-cocks, meters and any other apparatus placed inside the building by the Municipality; (u) "service connection application" shall mean an application made by a contractor, developer or owner to the Municipality's Engineering Department for tying into the Municipality's water main and for the construction and installation of a service connection line in conjunction with either a new construction or renovation; (v) "service curb cock", "curb stop" or "CC" means a shut-off valve located on the service connection between the water main and the structure or improvement receiving water service, for the purpose of isolating the utility service from a parcel of land; (w) "shut-off" shall mean an interference with, or discontinuance of, the supply of water to a parcel of land, building or portion of a building situated upon a parcel of land; (x) "turn-on" shall mean the turning on of water supply to a parcel of land, building or portion of a building situated upon a parcel of land after the utility service application has been approved, or for the purpose of restoring service on an existing utility account; (y) "utility service" means the water that is provided by the Regional Municipality; (z) "utility service application" shall mean a written request made by a consumer to the Municipality after the construction and installation of a service connection line for the supply of water to a building, and to establish a water billing account in that consumer's name; Bylaw No. 07/035 Administrative Consolidation Regional Municipality of Wood Buffalo Page 4 of 18 (aa) "utility service termination" shall mean the request made by a consumer to discontinue the utility being supplied by the Municipality; (bb) "water main" shall mean those pipes installed for the conveyance of water within the Municipality to which service connections may be connected; (cc) "water system" means the equipment, materials and property owned and operated by the Municipality for the provision of water to consumers, and includes the water main and service connections. PART III - ADMINISTRATION 3. Where there is sufficient plant capacity and supply, and in accordance with the provisions of Section 34 of the Municipal Government Act, the Municipality may supply water to any building within its geographic boundaries in accordance with the terms and conditions set out within this bylaw. 4. The consumer having applied for the provision of the utility service shall be responsible for paying the rates and charges provided, from time to time, in the Utility Rates Bylaw of the Municipality or any replacement bylaw; 5. All buildings which are to be connected to the water main shall have all necessary apparatus and appliances installed which are required to ensure the proper sanitary condition of the building and premises. 6. No person who resides in, occupies, or conducts business from a building in the Municipality and situated on land lying along the water main shall have water supplied to that building by way of a well, spring or other source of water supply that is not connected to the Municipality's water distribution system. 7. The use of a well, spring or other source of water in the Municipality and situated on land lying along the water main for the purpose of watering only, may be allowed, providing approval is obtained from both the Manager and Alberta Environment. In such cases, the consumer shall be required to supply the Chief Administrative Officer with proof of Provincial approval. 8. Prior to receiving and enjoying the benefits of the utility, the consumer shall first be required to complete a utility service application and pay the application fee as outlined in the Utility Rates Bylaw. 9. Where applicable, the consumer shall be required to pay an account deposit as outlined in the Utility Rates Bylaw. This deposit shall be held by the Municipality against non- payment of all rates, charges, tolls, fares and rents fixed under this bylaw. If upon final billing of an account, a balance remains on the deposit amount, it shall be refunded by the Municipality to the consumer. Bylaw No. 07/035 Administrative Consolidation Regional Municipality of Wood Buffalo Page 5 of 18 10. The consumer shall be required to pay the meter charge as outlined in the Utility Rates Bylaw. 11. A consumer who is indebted to the Municipality under a previous utility account shall not be permitted to complete a utility service application, or be entitled to the supply of water until payment in full of the indebted amount, deposit and meter charge has been received by the Municipality. 12. A consumer, upon receipt of a notice shall, during normal business hours, allow free access to authorized municipal officials to all parts of every building, structure or other premises in which water is delivered and consumed, for the purpose of conducting sample testing, or for the installation, removal, replacement, inspection, repairing and reading of all meters on any service connection or appurtenance thereto inside or outside of the building, structures or other premises. 13. Notwithstanding Section 12, if, in the opinion of a municipal official, entry during normal business hours would be inappropriate or impractical in the circumstances, the municipal official may give at least twenty four (24) hours' written notice to the consumer of the official's intention to inspect outside of normal business hours for purposes set out in Section 12. 14. Every consumer who is served directly or indirectly from a connection with the Municipality's water system shall pay a fixed water charge based on the meter size as outlined in the Utility Rates Bylaw. 15. In addition to the fixed water charge set out in Section 13, the Municipality shall also levy and collect from all consumers connected by a meter to the Municipality's water system, a consumption charge based on actual consumption as set out in the Utility Rates Bylaw. 16. In order to accommodate the use of actual consumption for billing purposes, the Municipality may allow the consumer to phone in the meter reading on a basis consistent with the Utility Rates Bylaw. 17. In instances where a consumer is not connected to the Municipality's water system by way of a meter, the Municipality may levy and collect a flat rate charge as outlined in the Utility Rates Bylaw. 18. In instances where a bleeder has been installed and the consumer is connected to the Municipality's water system by way of a meter, the consumer shall pay a fixed water charge based on the meter size, as outlined in the Utility Rates Bylaw. In addition, the Municipality may also levy and collect a water charge based on the most recent billing prior to the bleeder turn on, or the actual consumption, in accordance with the Utility Rates Bylaw. Once the bleeder is turned off or removed, billing shall resume in Bylaw No. 07/035 Administrative Consolidation Regional Municipality of Wood Buffalo Page 6 of 18 accordance with Sections 12 and 13, as the case may be, and there shall be no adjustment to reflect the actual consumption metered during the period of operation of the bleeder. 19. All estimated readings shall be based on the average of the previous year's consumption. The average consumption for a two month billing period shall be calculated by taking the sum of the previous year's consumption divided by six. In instances where a consumption history does not exist for the affected account, the Municipality may use the consumption history from a similar type of activity. 20. Where three (3) consecutive estimated meter readings have been used for billing purposes due to the meter not being read by a municipal official as a result of the consumer failing to provide or allow the Municipality access to the meter or remote reader during a billing period: (a) a notice may be left at the consumer's address requesting the consumer to contact the Municipality within two (2) working days, advising of the date and time that the Municipality will be able to have access to the meter or remote reader for the purpose of obtaining an actual meter reading; or (b) In the case where the consumer does not contact the Municipality within two (2) working days, the Municipality may turn-off the service connection without any further notice until such time as an actual meter reading can be obtained. 21. After the meter has been read following one or several estimated or phoned-in readings, there may be an adjustment on the next billing in order to reflect the actual consumption which has occurred since the last meter reading. 22. The utility bill with all applicable rates, charges, tolls, fares and rents may be mailed or delivered to the consumer at intervals consistent with the Utility Rates Bylaw and payment of the total billing amount shall be due and payable within twenty (20) calendar days from the date of mailing. 23. The utility bill shall contain a notice advising that failure to pay by the date fixed for payment shall first result in an additional percentage charge as provided for in the Utility Rates Bylaw, and that any utility bill which remains unpaid thirty (30) calendar days after the date of mailing may result in the Municipality initiating action as provided in Section 20. 24. Notwithstanding Section 20, the failure to receive an invoice does not absolve the consumer of the obligation to pay the utility account or to make inquires of the Municipality as to amounts that may be presently outstanding. 25. Payments may be made at any of the following locations and in any of the following manners: Bylaw No. 07/035 Administrative Consolidation Regional Municipality of Wood Buffalo Page 7 of 18 (a) at the public service counter located in City Hall between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday except Statutory Holidays; (b) at the mail drop located at City Hall; (c) at any chartered bank or treasury branch located within the Municipality which has made collecting arrangements with the Municipality; (d) at any rural Municipal Contact Office during regular business hours;; (e) by mailing the payment to the Municipality; (f) by participating in the pre-authorized debit plan; (g) by using the bank's website. 26. All payments made on an account shall be first applied to any arrears outstanding and any balance thereafter shall be applied to the current billing amount. In the event that any such current utility bill remains unpaid after twenty (20) calendar days following the date of mailing, there shall be an additional percentage charge, as provided in the Utility Rates Bylaw, based on the current billing amount only. The said percentage charge shall form part of the unpaid utility bill. 27. In the event that any utility bill remains unpaid thirty (30) calendar days following the date of mailing, the Municipality may initiate any of the following action without the need for any arrears reminder notice: (a) in instances where the consumer is the registered owner, charge the utility bill which remains unpaid upon termination of the account against the land in the same manner and subject to the same provisions as taxes due and owing in respect of that land. As a courtesy, the Municipality may notify the consumer in writing that the outstanding utility bill has been charged against the land; (b) in instances where the consumer is not the registered owner, and the consumer has paid a deposit, the Municipality may apply all or a portion of the deposit against the utility bill which remains unpaid; (c) in instances where the consumer has not been required to pay a deposit or the deposit has previously been applied against an unpaid utility bill and the account in question is served by an individual CC, provide the consumer with a shut-off notice, which will be sent to the property via registered mail, advising that failure to pay the utility bill within five (5) business days may result in the Municipality terminating water services without any further notice. If the CC cannot be located or is non-existent or is obstructed in any way, shape or form and/or it is determined that the curb box is dysfunctional, the Municipality shall initiate action as provided for in Section 27(d); or Bylaw No. 07/035 Administrative Consolidation Regional Municipality of Wood Buffalo Page 8 of 18 (d) in instances where the consumer has not been required to pay a deposit or a deposit has been previously been applied against an unpaid utility bill and the account in question is not served by an individual CC, the Municipality has the authority to initiate legal action in a Court of competent jurisdiction in order to recover an outstanding utility bill or seek any other remedies it may be entitled to at law. 28. In the event of the utility being shut-off as provided for in Section 27(c), the consumer shall be required to first pay the full amount owing which resulted in the utility being shut-off plus the reconnection fee and deposit as provided for in the Utility Rates Bylaw before the Municipality will turn on the utility service. 29. A consumer who is supplied with water to a parcel of land, building or portion of a building situated on a parcel of land is prohibited from lending, selling, disposing, giving away, permitting to be taken or otherwise using or applying any water to the use and benefit of any other person, including another parcel of land, building or portion of a building on a parcel of land, supplied with water through a separate service connection regardless of whether service connection to the other consumer has been turned-off or shut-off. 30. When a consumer requests a utility service termination the Municipality shall read the meter in order to establish the final billing amount. If at that time the Municipality is in possession of a deposit, the deposit shall be first applied against any outstanding balance remaining on the utility bill with any balance being refunded by the Municipality to the consumer. If however the Municipality is not in possession of a deposit or if the deposit is insufficient to clear the final billing amount, the Municipality shall mail the utility bill to the consumer, and may enforce payment by any method provided in Section 27. 31. Any occupant of a building or lands that uses water from an existing service connection has an obligation to pay for all water received during their occupancy, regardless of whether an account has yet been opened in the name of the occupant. PART IV - ACCESS TO PROPERTY FOR THE PURPOSES OF WATER SERVICE 32. As a condition of receipt of the utility service and as operational needs dictate, employees of the Municipality shall have free access to all parts of a property, structure or other premises in which water is delivered and consumed, or intended to be delivered and consumed, at any reasonable hour of the day and upon reasonable notice for the purpose of: (a) installation, maintenance, repair, and removal of the water system and water service connections; Bylaw No. 07/035 Administrative Consolidation Regional Municipality of Wood Buffalo Page 9 of 18 (b) installation, testing, repair and removal of water meters or other parts of the water system; (c) inspection of cross-connection control devices or other equipment and works associated with the water system and the customer plumbing system; (d) reading of water meters; and (e) inspections for compliance with this bylaw. 33. No person shall hinder, interrupt or cause to be hindered any employee of the Municipality or its contractors, servants and agents or workers, in the exercise of any of the powers or duties relating to the water system as authorized or required in this bylaw. 34. Upon termination of water service, any employee of the Municipality employed for that purpose may, at all reasonable times, enter the parcel or premises which was supplied with water service for the purpose of removing from the parcel or premises any fittings, machines, apparatus, meters, pipes or any other things that are the property of the Municipality. 35. Employees of the Municipality may, at any time, specify the required position or require the relocation, or abandonment, at a property owner's expense, of any water meter, cross connection control device, pipe, valve or fitting forming part of the water system. PART V - SERVICES AND MAINS 36. The registered owner or person responsible for the development of the lands shall be responsible for the construction of all service connections, which shall be constructed in compliance with the Municipality's Engineering Servicing Standards and: (a) shall ensure that all proposed service connections receive approval from the Municipality prior to construction; and (b) shall not backfill the excavation until such time as the Municipality has inspected the work or has advised approval of the work. 37. If any parcel of land contains one or more self contained buildings, then a maximum of one service connection per self-contained building may be installed as approved by the CAO. 38. No branch lines shall be connected to any service connection unless approved by the CAO. In the event that a branch line is approved, the developer must ensure that it is constructed in accordance with the Municipality's Engineering Servicing Standards. In instances where the Municipality either connects or arranges for connection of the branch line to the service connection, the contractor, developer or owner who makes the request Bylaw No. 07/035 Administrative Consolidation Regional Municipality of Wood Buffalo Page 10 of 18 for a branch line connection shall be responsible for payment of the service connection fee as outlined in the Utility Rates Bylaw. 39. All service connections shall be constructed of approved materials in accordance with the Safety Codes Act, the Regulations thereunder, and all other standards adopted by the Municipality from time to time. 40. No person, other than an authorized municipal official, shall turn-on water to any premises before a certificate or approval has been issued in accordance to Section 39. This requirement shall apply to all new construction, alterations, additions, enlargements, renovations, and all piping changes of any nature whatsoever. 41. Unless otherwise exempted by this bylaw, no person other than an authorized municipal official shall operate, interfere with, or handle any article or thing having to do with the water mains and appurtenances. 42. A plumber shall not be in violation of Section 40 when testing the piping in the case of a new installation, where the plumber is conducting the work with reasonable care and in a manner consistent with the applicable legislation, regulations, standards and established industry best practices. 43. Unless otherwise authorized by this bylaw, no person other than an authorized municipal official shall by any means whatsoever obstruct or impede direct and free access to water mains and appurtenances. 44. The Municipality is the owner of the water mains and that portion of all service connections between a water main and the boundary of the road right of way or easement. The remainder of the service connection is owned by the registered owner of the lands under which the service connection is located. The registered owner shall be responsible for all maintenance and repair costs associated with the portion of the service connection owned by the registered owner. 45. Whenever a consumer no longer requires a service connection, or wishes to abandon a service connection, the consumer shall first obtain approval from the CAO for the method and location of abandonment. The consumer shall be responsible for disconnecting the service connection at the water main and shall assume responsibility for all costs associated with same. 46. In instances where property subject to redevelopment has been previously serviced to the property line by the Municipality, the registered owner shall: (a) supply and install an approved curb box in a manner consistent with the standards established by the Municipality; Bylaw No. 07/035 Administrative Consolidation Regional Municipality of Wood Buffalo Page 11 of 18 (b) be responsible for maintenance of the curb box until the property is completely landscaped and inspected by the Municipality as being in good working condition; (c) be responsible for cleaning, and pressure testing the existing service connection prior to any activation; and (d) be responsible for the abandonment of any existing service and is responsible for all costs associated the abandonment. The abandonment will be undertaken consistent with standards established by the Municipality. 47. The cost of thawing a frozen service connection shall be borne by the consumer if: (a) in the determination of the CAO, the location of the frozen section of the service connection is within the boundaries of the private property owned or occupied by the consumer; (b) in the determination of the CAO, the location of the frozen section of the service connection lies between the water main and the boundary of the road, right-of- way or easement and the freezing has occurred as a result of tampering by the consumer; or (c) the Consumer has refused the installation of a bleeder, recommended by the CAO pursuant to Sections 74 through 78 of this bylaw. PART VI - METERS AND REMOTE READERS 48. All water supplied by the Municipality through each service connection shall be measured by one meter unless the consumer has entered into a written agreement with the Municipality specifying otherwise. 49. All meters shall be supplied, owned and maintained by the Municipality except as may be otherwise approved by the CAO. 50. The size of the meter to be installed on a service connection shall be determined by the CAO. 51. The registered owner of a building in which a meter is not already installed shall make provisions for a meter to be installed upon request of the Municipality and all costs shall be borne by the registered owner. 52. Any consumer having a meter greater than 25 millimeters in diameter shall, at his sole cost and expense, supply, install and maintain a shut off valve both before and after the meter as well as provide for a properly valved bypass. Bylaw No. 07/035 Administrative Consolidation Regional Municipality of Wood Buffalo Page 12 of 18 53. Where a meter is installed: (a) all meters which are 25 millimeters or less in diameter shall be supplied and installed by the Municipality; (b) all meters greater than 25 millimeters in diameter shall be supplied by the Municipality and installed, relocated or modified by a qualified plumber as approved by the CAO, and all expenses associated with any such installation shall be borne by the consumer; and (c) meter equipment for meter chambers shall be provided by the owner as per engineering specifications by the Municipality. 54. Where the parcel of land to be serviced: (a) has one registered owner and there are several buildings; (b) is a mobile home park; (c) is a condominium development; or (d) is a seasonal park service with no buildings, one or more meter chambers shall be constructed and maintained at the expense of the registered owner, as directed by the CAO. 55. A consumer may, for his or her own benefit, at his or her own cost, install a subsidiary meter, between the meter supplied by the Municipality under section 53 and the point of use of the water supplied, provided that the Municipality shall under no circumstances, be required to maintain or read a subsidiary meter installed under this Section. All subsidiary meters shall remain the property of the consumer. Where, in the opinion of the CAO, a subsidiary meter has been installed in a manner so as to interfere with operation of or access to the meter installed under Section 53 the CAO may direct, in writing, that the consumer move or relocate the subsidiary meter within a time frame selected by the CAO. 56. If a meter reading is disputed by a consumer, the consumer may, by written notice, require that the Municipality test the accuracy of the meter, and: (a) If the meter is found to be accurate with 97% to 103% of the measured volume of water passing through the meter, the consumer shall be responsible for payment of fees and charges for the test as outlined in the Utility Rates Bylaw; or (b) If the meter is found not to be accurate within those limits, Bylaw No. 07/035 Administrative Consolidation Regional Municipality of Wood Buffalo Page 13 of 18 (i) it shall be repaired or replaced and the cost, along with the costs of testing or calibration shall be borne by the Municipality; and (ii) the accounts based on the readings of that meter during the period of four (4) months immediately preceding the date of the test or calibration shall be corrected to reflect the error in the meter and the consumer shall pay, or shall be refunded, as the case may be, the amount so determined, which payment or refund shall be accepted by both the Municipality and the consumer in full settlement of any claim that may arise out of the error in the meter. 57. A meter bypass shall not be installed unless authorized by the CAO and constructed in accordance with the Municipality's Engineering Servicing Standards. 58. No consumer shall use water supplied through a meter bypass unless written authorization has been obtained from the CAO, and where authorization has been received, the consumer shall be charged for water received through the meter bypass in accordance with the provisions for unmetered water in the Utility Rates Bylaw. 59. A consumer shall provide adequate protection for the meter supplied by the Municipality against freezing, heat or any internal or external damage. 60. When a meter is damaged due to frost, heat or any other condition or means against which the consumer neglected to provide adequate protection, the cost of removal, repair and replacement of the meter shall be borne by the consumer and may be added to the tax roll for the parcel if unpaid. 61. No consumer shall break or tamper with any meter, remote reader, seal or bypass. 62. In the event that the Municipality is required to replace the meter due to tampering with or abuse to the meter by the consumer or damage to the meter due to the negligence of the consumer, then the consumer shall be responsible for the meter replacement cost as outlined in the Utility Rates Bylaw and may be added to the tax roll for the parcel if unpaid. 63. The use of water during the construction of a building and at the discretion of the CAO may be allowed without the requirement of a meter when: (a) testing a plumbing system; or (b) water is required for construction purposes prior to the issuance of an occupancy permit or certificate under the Municipality's Building Permit Bylaw. 64. Water used for any construction purpose shall be charged in accordance with the unmetered rates for construction water as outlined in the Utility Rates Bylaw. Bylaw No. 07/035 Administrative Consolidation Regional Municipality of Wood Buffalo Page 14 of 18 65. Where the CAO deems it necessary, a remote reader shall be installed by the Municipality on any building in order to facilitate meter reading. 66. If the CAO determines it is necessary, a remote reader may be installed by the Municipality. Any discrepancies between the remote reader and the meter itself will be resolved as per Section 56. 67. Where wiring for a remote reader is installed, the wiring shall be installed in the manner and to the specifications specified by the Municipality. 68. No consumer shall obstruct or impede direct and convenient access to meter equipment, or remote reader for the purpose of inspection, removal, repair, replacement or reading. PART VII - SERVICE PIPING FOR FIRE PROTECTION 69. Unless authorized by the CAO, no person shall operate or interfere with any hydrants owned by the Municipality. 70. No person shall use water supplied through a hydrant, public or private, except as necessary for fire fighting or testing unless prior authorization has been obtained from the CAO. In instances where authorization is granted to a person for use of a public hydrant, that person shall be responsible for any damages incurred to the public hydrant or the Municipality's water supply system while the hydrant is in use. Any person authorized to use water from either a public or private hydrant shall be responsible for payment of the hydrant consumption rate, and hydrant rental fee as outlined in the Utility Rates Bylaw. 71. Where an unmetered water supply is provided to a building sprinkler, standpipe or other fire protection system, no person shall use such water supply for any purpose except as necessary for fire fighting or testing. 72. All standpipe and hose systems shall be installed in accordance with the Alberta Building Code and maintained in accordance with the Alberta Fire Code. 73. Services constructed pursuant to this part shall not be tapped in any location whether on the Municipality's portion of the services or the private property portion of the services without authorization from the CAO. PART VIII - BLEEDERS 74. Bleeders shall be installed under the following circumstances: (a) if the CAO determines that that portion of the service connection lying in the municipal property has a recurring propensity to freeze in cold weather, the Bylaw No. 07/035 Administrative Consolidation Regional Municipality of Wood Buffalo Page 15 of 18 bleeder shall be installed after the water meter, the cost of which shall be borne by the Municipality. (b) if the CAO determines that the portion of the service connection lying between the property line and the building has a recurring propensity to freeze in cold weather, the bleeder shall be installed after the meter and the consumer shall be required to pay the bleeder installation and consumption costs as outlined in the Utility Rates Bylaw and in accordance with Section 17. 75. A bleeder may be installed in a building as a permanent fixture under the complete control of the CAO. In such cases the bleeder shall be controlled by a valve and shall be considered the property of the Municipality. 76. All permanent bleeders shall be sealed. 77. If a consumer refuses the installation of a bleeder, a release form shall be signed by the consumer waiving the Municipality of all responsibility for damages caused due to freezing of any portion of the service connection lying between the water main and the building. 78. Notwithstanding subsection 74(b), the CAO may require a consumer to allow the Municipality to install a bleeder or other remedial equipment after the meter where the CAO determines that freezing of the service connection lying between the water main and the property line is the result of a period of discontinued use of the utility by the consumer. In this instance, cost of installation shall be borne by the consumer. PART IX - SHUT-OFF 79. A municipal official may, without notice, shut-off the utility to any consumer where, in the opinion of the CAO, an emergency condition exists, rendering such action necessary. 80. A municipal official may shut-off the utility service to any consumer whenever: (a) in the opinion of the CAO, leakage from the service connection constitutes a waste of water; (b) the rates, charges, tolls, fares, and rents associated with the supply of water remain unpaid thirty (30) calendar days following the date of mailing and the consumer has been provided with a shut-off notice; or (c) a consumer fails to comply with any provisions of this bylaw. 81. When a consumer has met the terms and conditions as set out in this bylaw with respect to water which has been shut-off, the Municipality may turn-on the water on within two (2) working days of compliance with the terms and conditions of this bylaw. Bylaw No. 07/035 Administrative Consolidation Regional Municipality of Wood Buffalo Page 16 of 18 PART X - RURAL WATER SYSTEMS 82. In those parts of the Municipality where there is no water system and individual land owners supply their own storage of water in the form of holding tanks, the following general standards shall apply to the supply and storage of that water by the land owner or occupant: (a) The lands will be serviced with a properly-vented water tank having a minimum size of 4,500 litres capacity; (b) The fill point for tanks must be easily accessible and shall include a 50 millimeter cam lock which shall be no less than 0.9 meters and no more than 1.2 meters measured from the surface labelled "WATER"; (c) The water tanks must be adequately protected from freezing; (d) The tanks must include adequate protection to prevent surface water or any foreign matter from entering tanks; and (e) All tanks shall have lockable covers and external fill gauges. 83. Consumers receiving water delivery must ensure that the water delivery vehicle is able to drive within 15.24 metres of the delivery point for water. The contractor will not be required to return if access is blocked to the water delivery point. 84. Where, in the opinion of a water delivery operator, the condition of private property renders access by the delivery vehicle impractical or dangerous, the water delivery operator shall be under no obligation to deliver water until such time as the condition of the private property has been rectified. 85. Where groundwater will be the source of water supply, it shall be in accordance with Alberta Environmental Protection and Enhancement Act and the Water Act. PART XI - CONSERVATION 86. No consumer shall allow water to run or flow in a wasteful manner for any reason. 87. The CAO may, at such times and for such lengths of time as is considered necessary or advisable, provide for a water restriction program which restricts water usage to any or all parts of the Municipality. 88. All water restriction programs shall be duly advertised by use of local media, printed or otherwise, prior to taking effect. Bylaw No. 07/035 Administrative Consolidation Regional Municipality of Wood Buffalo Page 17 of 18 89. No consumer shall contravene the terms or conditions of any water restriction program after it has been advertised, without first obtaining the CAO's authorization. PART XII - UNAUTHORIZED USE OF WATER 90. Except as otherwise authorized under this bylaw, no person shall obtain water from the water system, or allow water to be obtained from the water system to be used: (a) in an illegal manner; (b) in a manner that will impede use by other consumers; (c) unless an account has been opened; or (d) unless the water has first passed through a water meter. 91. If the Municipality finds an unauthorized use of water, including tampering with a meter or other part of the municipal water system, the Municipality may take corrective action to remedy the unauthorized use and repair its meters, appliances, or other facilities, and ensure the safety of the general public. 92. Upon finding an unauthorized use of water or tampering with the water system, the Municipality may disconnect the service connection immediately, without notice, and may charge the consumer, or other person responsible, all costs incurred in correcting the condition, in addition to any other rights and remedies which may be available to the Municipality. 93. Any person who uses water in contravention of this Section may pay the following charges: (a) all charges for water consumed or obtained in accordance with the water rates as per the Utility Rates Bylaw, as estimated by the Municipality; and (b) all charges to cover the Municipality's costs associated with the unauthorized use of water. 94. Where the Municipality determines that seals on valves, meters or other appurtenances have been broken and not reported, the Municipality may estimate the quantity of water consumed or obtained, and charge the consumer in accordance with the rate as per the Utility Rates Bylaw. 95. No consumer shall cause, permit to allow to remain connected to any portion of the water system any piping, fixture, fitting, container or other apparatus which may cause water Bylaw No. 07/035 Administrative Consolidation Regional Municipality of Wood Buffalo Page 18 of 18 from a source other that the water system or any other actual or potentially harmful or deleterious liquid or substance to enter the water system. PART XIII - PENALTIES 96. A person who fails to do anything which he is required to do pursuant of this bylaw, or does anything which he is prohibited from doing under this bylaw is guilty of an offence and is liable on summary conviction to a penalty provided in the Regional Municipality's General Penalty Bylaw, as amended from time to time. 97. Where an offence has been committed, the Municipality may issue a violation ticket pursuant to the Provincial Offences Procedures Act to the person responsible for the contravention, the consumer, or registered owner of the land, or any or all of them. 98. No person shall be liable to imprisonment for a violation of this bylaw, except in default of payment of a fine if charged and convicted under provisions of Sections 97 and/or 98. PART XIV - REPEAL, FORCE AND EFFECT 99. Bylaw No. 85/50, Improvement District Order No. FM-24-94, and all amendments thereto are hereby repealed. 100. This Bylaw shall come into effect when it has received third reading and been signed by the Mayor and Chief Legislative Officer. READ a first time this 8th day of May, A.D. 2007. READ a second time this 12th day of June, A.D. 2007. READ a third and final time this 12th day of June, A.D. 2007. SIGNED and PASSED this 15th day of June, A.D. 2007. Amendment 20/029