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UTILITY BYLAW NO. 005-19
OF THE TOWN OF SMOKY LAKE
IN THE PROVINCE OF ALBERTA
BEING A BYLAW OF THE TOWN OF SMOKY LAKE, IN THE PROVINCE OF ALBERTA, TO
PROVIDE FOR THE REGULATION, OPERATION AND MAINTENANCE OF A WATER
SYSTEM, SEWER SYSTEM, STORM SEWER SYSTEM, GAS SYSTEM AND WASTE
MANAGEMENT AND TO PROVIDE FOR THE AUTHORIZATION TO LEVY RA TES AND
CHARGES THEREOF.
WHEREAS by virtue of the power conferred upon it under the Municipal Government Act, RS.A.
2000, c. M-26, the Council of the Town of Smoky Lake, duly assembled, enacts as follows:
1.
TITLE
1.1 This Bylaw may be referred to as the "Utilities Bylaw" of the Town of Smoky Lake.
2. INTERPRETATION
2.1
In this Bylaw, the following terms shall have the following meanings, unless the
context specifically requires otherwise:
(a)
"Account" means an account created pursuant to this Bylaw relating to the
provision of utility services including waste management;
(b)
"Ashes" shall mean the residue from the burning of combustible materials.
(c)
"Billing Period" means the calendar month for which the Municipality assesses
its utility services, and for greater certainty, the following are Billing Periods:
January; February; March; April; May; June; July; August; September; October;
November; and December;
(d)
"Building" means any structure used or intended for supporting or sheltering
(e)
(f)
(g)
(h)
(i)
U)
(k)
(I)
(m)
(n)
any use or occupancy;
"Collection Day" shall mean the day or days during the week on which
garbage is regularly collected from specific premises, together with the twelve
(12) hour period immediately preceding and immediately following thatday.
"Council" means the municipal Council of the Town of Smoky Lake;
"Customer" means any person to whom the Municipality supplies utility
services, and in whose name an account has been opened with the
Municipality for the purpose of providing utility services under this Bylaw;
"Disconnection of Services" means the utility services will be shut off due to non
payment or requested by owner.
"Due Date" means the date set out in the invoice of the Municipality by which a
utility charge shall be paid. The due date will be set in policy by resolution of
Council and shall be within the month following the Billing Period and if the due
date falls on a day other than a business day, the next business day;
"ERT" means Encoder, Receiver & Transmitter;
"Gas System" means any of the Municipality's work for the
transmission and distribution of natural gas, or any part of such system;
"Interceptor" means a device approved by the Municipality and designed to
prevent oil, grease, sand, or other matter from passing from the source into the
sewage system;
"Matter" means any solid, liquid or gas;
"Meter Deposit Charge" means the customer must pay $200.00 in advance if th]l \
,,..,
wish to have the meter tested for accuracy.
I'('--"'
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Utility Bylaw 005-19
(o)
"Meter Inlet" means the entry point where the gas/water enters the meter;
(p)
"Meter Outlet" means the exit point where the gas/water leaves the meter;
(q)
"Municipality" means the Town of Smoky Lake,
(r)
"Occupier" means a person occupying a premise, including a lessee or
licensee, who has actual use, possession or control of the premises;
(s)
"Owner" means the registered owner of the real property to which Utility
Services are provided pursuant to this Bylaw;
(t)
"Person" means an individual, partnership, society, association,
corporation, trustee, executor, administrator or legal representative;
(u)
"PH" means the logarithm of the reciprocal of the weight of hydrogen ions
in grams per liter of solution and denotes alkalinity or acidity;
(v)
"Premises" means real property and all buildings and improvements
thereon;
(w)
"Reconnection of Services" means the utility services will be turned on upon
received payment or requested by owner.
(x)
"Religious or Not for Profit" means churches or types of organizations that do
not earn profits for its owners and needs to be approved by Council.
(y)
"Release" means to directly or indirectly spill, discharge, spray, inject,
inoculate, abandon, deposit, leak, seep, pour, drain, emit, empty, throw,
dump, place or exhaust either intentionally or unintentionally;
(z)
"Sewage system" means any of the Municipality's work for the collection,
transmission, treatment or disposal of sewage, or any part of such system;
(aa) "Storm Sewer System" means any of the Municipality's work used
primarily for the collection of water that is released or drained from a
surface as a result of natural precipitation or water to which no matter has
been added as a consequence of its use by any person;
(bb) "Town" means the Town of Smoky Lake;
(cc)
"Town Manager" means the Chief Administrative Officer (CAO) as
appointed by Council, or the Chief Administrative Officer's delegate;
(dd) "Utility Charges" means the fees imposed by the Municipality for utility
and solid waste collection and disposal services pursuant to this Bylaw as
set in the Master Rates Bylaw by Council resolution as amended from
time totime;
(ee) "Utility Services" means the supply of water and natural gas to, and the
disposal of sewage from, a premise by the Town pursuant to this Bylaw;
(ff)
"Utility System" means the Municipality's gas system, storm sewer
system, sewage system, and water system;
(bb)
"Water System" means any of the Municipality's work for the
collection,
transmission, treatment and distribution of water;
(cc)
"Solid Waste Collection and Disposal" means any of the Municipality's
work (contracted or other) for the collection and disposal of solid waste and
recycling.
2.2
Nothing in this Bylaw relieves a person from complying with any federal or provincial
legislation or regulation or municipal bylaw, or any requirement of any lawful permit,
order or license.
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Town of Smoky Lake Utility Bylaw 005-19
2.3
Every provision of this Bylaw is independent of all other provisions and if any provision
of this Bylaw is declared invalid for any reason by a court of competent jurisdiction, all
other provisions of this Bylaw shall remain valid and enforceable.
2.4
All headings and subheadings in this Bylaw are included.for guidance purposes and
convenience only and shall not form part of this Bylaw.
2.5
Specific references to statutes, regulations and other bylaws in this Bylaw are
meant to refer to the current laws applicable within the Province of Alberta as at the
time this Bylaw was enacted and as they are amended from time to time, including
successor legislation.
3. DELEGATION OF AUTHORITY
3.1
Council hereby delegates to the Town Manager all those powers stipulated by this
Bylaw to be exercised by the Municipality and all necessary authority to exercise
those powers, excluding therein, the power to set utility charges or enact bylaws, or
do anything else reserved exclusively for Council pursuant to the provisions of the
Municipal Government Act. The Town Manager may delegate any powers, duties
or functions under this Bylaw.
3.2
Without limiting the generality of the foregoing, The Town Manager may deal with
the following subject matters:
(a)
standards, guidelines, and specifications for the design,
construction and maintenance of the utility system;
(b)
procedures or requirements that a customer must comply with before the
utility system is installed or activated, or as a condition of ongoing
provision of utility services;
(c)
customer accounts, including without limitation provisions or
requirements concerning opening an account and making payments
on accounts;
(d)
measurement of water and gas consumption;
(e)
procedures or requirements concerning investigating customer complaints
and concerns;
(f)
procedures or requirements for upgrading, re-sizing or otherwise
changing the utility system, whether at the instigation of the Municipality
or at the request of a customer.
4. GAS SYSTEM AND CHARGES
4.1
No person shall, without the prior written approval of the Municipality,
release, discharge or deposit any matter into the gas system.
4.2
Any person who releases, discharges or deposits or causes or permits the release,
discharge or deposit into the gas system of any matter without the Municipality's
consent shall:
(a)
notify the Municipality immediately upon becoming aware of the release,
discharge or deposit;
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Town of Smoky tility Bylaw 005-19
(b)
provide information respecting the release, discharge or deposit to the
satisfaction of the Municipality; and
(c)
be liable for all costs incurred by the Municipality with respect to the
release, discharge or deposit for containment, sampling, testing, removal,
cleanup, disposal and any other related activity ..
4.3
All customers receiving gas system services pursuant to this Bylaw shall pay
the utility charges set out in the Master Rates Bylaw by Council resolution as
amended from time totime.
4.4
A customer is deemed to be receiving gas system services unless exempted
pursuant to Section 9.
4.5
The service charge represents costs associated with delivering gas to each
premises and includes administration. The service charge is invoiced each month
as long as the infrastructure is situated at the premises whether gas is consumed
or not.
5. SEWAGE SYSTEM AND CHARGES
5.1
No person shall, without the prior written approval of the Municipality,
discharge or deposit or cause or permit the discharge or deposit of the
following matter into the sewage system:
(a)
matter which because of its type, temperature, quality or quantity, may be
or may become a health or safety hazard to any person or which may be
or may become harmful to a sewage system of the operation thereof, or
which may cause the sewage system's effluent or operation to contravene
any federal or provincial legislation or regulation or municipal bylaw,
including an approval, requirement, direction or other order issued by
Alberta Environment or other enforcing agency, with respect to the
sewage system or its discharge;
(b)
matter that may cause an offensive odor to emanate from a sewage
system;
(c)
Subsurface drainage, including weeping tile drainage;
(d)
water that has originated from a source separate from the water
system of the Municipality, unless there is no water system abutting
the premises;
(e)
hauled sewage;
(f)
matter that is a solvent or petroleum derivative including, but not
limited to gasoline, benzene, naphtha or fuel oil;
(g)
matter that is or that contains carbon bi-sulphide, hydrogen sulfide,
ammonia, trichloroethylene, sulphur-dioxide orformaldehyde;
(h)
matter containing dyes or colouring material, or which upon reaction with
other matter will significantly discolour the effluent in the sewage
system;
(i)
matter having a pH rating of less than five and a half (5.5) or greater
than ten (10.0);
o
Town of Smoky Lake Utility Bylaw 005-19
U)
matter containing any paunch manure, intestinal contents from horses,
cows, sheep, swine or any other fish or animal, stomach casings, fish
scales, bones, hard bristles, hides, manure, poultry entrails, feet or
feathers, and fleshing and fair resulting from hide processing
operations;
(k)
matter consisting of or containing ashes, cinders, sand, mud,
straw, metal shavings, glass, rags, tar, plastic or wood;
(I)
matter having a temperature exceeding one hundred and fifty (150)
degrees Fahrenheit or sixty-five and one-half (65.5) degrees
Celsius;
(m)
matter consisting of unpolluted water, including but not limited to cooling
water, processed water or blow-down from cooling towers or operative
coolers;
(n)
matter which will create tastes or odors in drinking water making such
waters unpalatable after conventional water purification treatment;
(o)
matter generated by garbage grinders unless:
i) the matter is generated in preparation of food normally consumed
on the premises and does not include plastic, paper products,
inert materials or garden refuse; and
ii) the matter is shredded to a degree that all particles will be carried
freely under normal flow conditions.
(p)
matter originating from a source outside the Municipality's boundaries;
(q)
matter from any holding or septic tank, other than a designated
manufactured home holding tank; or
(r)
matter into a manhole or other opening in the sewage system other than
through the works from the premises on which the sewage is generated.
(s)
A service charge is invoiced each month for as long as the infrastructure is
situated at the premises whether the water is consumed or not.
5.2
Where the Municipality has agreed to permit the discharge or deposit of matter
referred to in Section 5.1 above, the Municipality may require the person to enter
into an agreement relating to the discharge or deposit, and the agreement may
include all terms beneficial to the Municipality including, that the person shall
indemnify and save harmless the Municipality from all costs and damages relating
to the discharge or deposit.
5.3
Any person who releases or causes or permits the release into any sewage system of
any matter contrary to Section 5.1 above, shall:
(a)
notify the Municipality immediately upon becoming aware of the release;
(b)
provide information respecting the release, to the satisfaction of the
Municipality; and
(c)
be liable for all costs incurred by the Municipality with respect to the release
for containment, sampling, testing, removal, cleanup, disposal and any other
related activity.
5.4
All customers of:
(a)
commercial, industrial or institutional premises in which vehi
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les or A
equipment are serviced, repaired or washed; or
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Town of Smoky L
e Utility Bylaw 005-19
(b)
commercial or institutional premises with food preparation
facilities; shall install and maintain interceptors.
5.5
Customers of premises other than those referred to in Section 5.4 above shall install
and maintain interceptors at the Municipality's direction.
5.6
The customer shall ensure that any Interceptor shall be of a type and capacity
approved by the Municipality and shall be in such a manner as to be readily and
easily accessible for the purposes of cleaning and inspection.
5.7
Where matter must be pre-treated in order to comply with the requirements of
Section 5.1, such pre-treatment shall:
(a)
be at the sole cost of the customer; and
(b)
be through a method approved by the Municipality.
5.8
All customers receiving sewage system services pursuant to this Bylaw shall pay
the utility charges set out in the Master Rates Bylaw by Council resolution, as
amended from time to time.
5.9
A customer is deemed to be receiving sewage system services unless exempted
pursuant to Section 9.
5.10 Property owners shall be required to pay the Sewer Main Connection Fee established
by Council as per the Master Rates Bylaw as amended from time to time, if that
property has not paid its proportionate share of the costs to construct the sewer main
supplying service to that property.
6. WATER SYSTEM AND CHARGES
6.1
No person shall, without the Municipality's written consent, release, discharge or
deposit any matter into the water system. Any person who releases, discharges or
deposits or causes or permits the release, discharge or deposit into the water system
of any matter without the Municipality's written consent, shall:
(a)
notify the Municipality immediately upon becoming aware of the
release, discharge or deposit;
(b)
provide information respecting the release, discharge or deposit to
the satisfaction of the Municipality; and
(c)
be liable for all costs incurred by the Municipality with respect to the
release, discharge or deposit for containment, sampling, testing,
removal, cleanup disposal and any other related activity.
6.2
All customers receiving water system services pursuant to this Bylaw shall pay the
utility charges set out in the Master Rates Bylaw and as amended by Council
resolution from time to time.
6.3
A customer is deemed to be receiving water system services unless exempted
pursuant by this Bylaw.
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Town of Smoky Lake Utility Bylaw 005-19
6.4
Water purchased through a water hydrant will be charged per cubic meter. The
Town will install a meter at the hydrant to ensure an accurate accounting of water
volumes. This practice shall be at the discretion of the Public Works Manager. The
customer purchasing water through the hydrant will be responsible for any and all
damages to the Town infrastructure and meter as a result of obtaining water through
the hydrant. It will be at the discretion of the Town Manager if a deposit is required. It
will be at the discretion of the Town Manager as to the amount of deposit but will be
no less than $3,000.00. The deposit must be paid in advance.
6.5
Property owners shall be required to pay the Water Main Connection Fee
established by Council as per the Master Rates Bylaw as amended from time to
time, if that property has not paid its proportionate share of the costs to construct the
water main supplying service to that property.
7.
WASTE MANAGEMENT AND CHARGES
curbside waste collection- The fees for curbside waste collection are charged to
customers and shall be as per the Master Rates Bylaw. This charge is for garbage bag
pick-up four times per month and the rental and emptying of bins. This fee shall apply
whether the service is being used or not.
7.1
No person shall dispose of ashes, garbage or refuse in the Town of Smoky
Lake except in the manner provided in this Bylaw.
7.2
Garbage shall be thoroughly drained of all liquid and shall be securely wrapped
or bagged before being placed in a garbage receptacle.
7.3
Unless otherwise stipulated in this Bylaw, the Town:
(a) Shall remove all domestic garbage once a week from all customers
(b)
May sponsor a cleanup week to provide for the removal of all junk
garbage, refuse, litter, waste and all other related material from the
Town.
7.4 The following waste materials are excluded from Town collection:
(a) All ashes, garbage and/or refuse not properly prepared for collection or
not placed in containers or otherwise contrary to the requirements of this
Bylaw will not be removed.
(b) All building refuse, industrial waste, commercial refuse, bulk refuse, junk,
dead animals and hazardous refuse.
(c)
No person shall, directly or otherwise, dispose of or permit any person
to dispose of any explosive, inflammable, volatile, noxious, or
dangerous device or substance.
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Town of Smoky Lake Utility Bylaw 005-19
7.5
The Council of the Town of Smoky Lake may cause a notice to be served to the
owner, lessee or occupant of any building or other establishment on any lot
within the Town to remove any ashes dirt, filth or refuse and dispose of said
wastes at a Sanitary Landfill Site or as may otherwise be specified, and
designate in said notice, a time which shall not be less than seven (7) days in
which to remove the ashes, dirt, filth or refuse.
(a) If the owner, agent, lessee, or occupant does not comply with the notice
within the period of time specified, the Municipality may proceed to have
the work done and charge the costs to the owner, agent, lessee or
occupant as per the Master Rates Bylaw by Council resolution as
amended from time totime.
7.6
The Town will not undertake the removal and/or disposal of hazardous waste
materials not suitable for disposal by the sanitary landfill method. Every person
responsible for the removal of such waste material shall dispose of it in a
manner satisfactory to Alberta Environment.
(a)
If the owner, agent, lessee, or occupant does not comply with the notice
within the period of time specified, the Municipality may proceed to have
the work done and charge the cost to the owner, agent, lessee or
occupant as per the Master Rates Bylaw by Council resolution as
amended from time totime ..
8.
STORM SEWER SYSTEM
8.1
No person shall, without the Municipality's written consent, release matter of any kind
listed below into or in land drainage works, private bench drains, or connections to
any storm sewer system:
(a)
matter which because of its type, temperature, quantity or quality may:
i)
interfere with the proper operation of the storm sewer system;
ii)
result in a hazard to any person, animal, property or vegetation;
iii)
impair the quality of the water in any well, lake, river, pond, stream,
reservoir or other water or water course; or
iv)
result in the contravention of any federal or provincial legislation or
regulation or municipal bylaw including any approval, requirement,
direction or other order issued by Alberta Environment or other enforcing
agency with respect to the storm sewer system or its discharge;
(b)
matter containing more than fifty (50) milligrams per liter of suspended
solids;
(c)
matter containing dyes or coloring material or which upon reaction with
other matter will discolor the water in the storm sewer system;
(d)
matter containing solvent, extractable matter of vegetable origin or mineral or
synthetic origin which causes a visible film, machine or discoloration on the
water surface;
K
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Town of Smoky lz!( Bylaw 005-19
(e)
any matter which by itself or in combination with other substances is
capable of causing or contributing to any explosion or supporting
combustion; or
(f)
matter that is sewage.
8.2
Any person who releases or causes or permits the release into any storm sewer
system any matter contrary to Section 7.1 above, shall:
(a)
notify the Municipality immediately upon becoming aware of the release;
(b)
provide information respecting the release, to the satisfaction of the
Municipality; and
(c)
be liable for all costs incurred by the Municipality with respect to the release
for containment, sampling, testing, removal, clean-up, disposal and any other
related activity.
9. PROTECTION OF UTILITY SYSTEM
9.1
No person shall remove, break, damage, destroy, deface, tamper or cause or permit
the removal, breaking, damaging, destruction, defacing or tampering with any part of
the utility system or any permanent or temporary device installed in the utility system
for the purpose of measuring, sampling, or testing of matter in the utility system. Any
person who does perform such acts shall be liable for any damage incurred.
9.2
If the Municipality believes there is any actual or threatened danger to life or property,
or in any other circumstances, the nature of which, in the Municipality's sole judgment
requires such action, the Municipality has the right to discontinue utility services
without prior notice to the customer.
9.3
The Municipality may discontinue utility services to a customer (without prejudice to
any of the Municipality's other remedies) after providing 48 hours advance notice to
the customer in the following circumstances:
(a)
if the customer neglects or refuses to pay when due any utility charges,
which amount is not the subject of a good faith dispute;
(b)
if the customer is otherwise in violation of any provision of this Bylaw;
(c)
as required by law; or
(d)
any other similar circumstances to those described above that the Municipality
determines, in its sole discretion, acting reasonably, require the disconnecting
of utility services upon 48 hours' notice.
9.4
Whenever the Municipality determines that a release from premises is contrary to this
Bylaw, the Municipality may, in addition to any other provisions in this Bylaw, require
the customer to:
(a)
install and maintain a device to detect the presence of a release contrary
to this Bylaw; and
(b)
notify the Municipality of a detection of a release contrary to this Bylaw, and
to provide all information to the Municipality's satisfaction.
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Town of Smokyl ltility Bylaw 005-19
9.5
No person shall supply false information or make inaccurate or untrue statements in
a document or information required to be supplied to the Municipality pursuant to
this Bylaw.
9.6
Utility charges shall be due and payable notwithstanding that the premises are
vacated or abandoned, unless the customer successfully applies to the Municipality
to be exempted from paying utility charges for one or more utility services. The
Town Manager may accept such application upon being satisfied:
(a)
that the premises are not occupied for any purpose; and/or
(b)
that the absence of the relevant utility services will not contravene or result in
the contravention of any federal or provincial legislation or regulation or
municipal bylaw.
10. INSTALLATION AND MAINTENANCE OF GAS, WATER AND SEWER SYSTEMS
GAS
10.1
The owner (as a term of being supplied with gas services) of any land abutting on any
road or easement wherein there is a gas main now existing or hereafter located shall:
(a)
complete the Gas Service Main Connection Agreement and pay to the
Municipality the Gas Service Main Connection Fee as per Master Rates
Bylaw by Council resolution as amended from time totime before any
construction commences. The written agreement shall contain information as .
prescribed by the Town Manager and shall be subject to the approval of the
Town Manager. The agreement shall require the owner to pay for installation
of the gas service (from the main line) up to and including the Meter Inlet.
The agreement shall require the owner to pay for installation of any
secondary lines or meters.
(b)
install in any building (beyond the point of a Meter Outlet) connections with
the gas system and any apparatus and appliances required to ensure the
proper and sanitary condition of the building and premises; and
10.2
The owner, (as a term of being supplied with gas services) is responsible for the cost of
construction, maintenance and repair of those portions of the service connection both
above, on, or underneath the premises to the boundary of the road or easement, but only
to the point (but excluding) the main.
10.3
The Municipality shall perform all maintenance and make renewals or replacements
as it sees fit to do so with respect to any pipelines, meters, regulators, valves and
other facilities needed to deliver natural gas to the Meter Outlet.
10.4
Title to the natural gas supplied by the Municipality shall pass from the Municipality to
the customer at the Meter Outlet of the gas meter.
10.5
Installation will be completed in accordance with the Federation of Alberta gas Co-ops
Guidelines for Operation and Maintenance Practices in Alberta Natural Gas Utilities.
,.,}
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Town of Smof.rn;ty Bylaw 005-19
WATER
10.6
The owner of any land abutting on any road or easement wherein a water main now
exists or is hereafter located shall:
(a)
Complete the Water Service Main Connection Agreement and pay to the
Municipality the Water Service Main Connection Fee per the Master Rates
Bylaw by Council resolution as amended from time to time before any
construction commences.
(b)
install both in any building and between the building and the boundary of the
road or easement in which the water main is located (up to the point of the
curb cock valve), connections with the water system and any other
apparatus and appliances required to ensure the proper sanitary conditions
of the building and premises, including a water meter. The water service
shall be installed by a person authorized to do so under the Safety Codes
Act. The water service shall be installed to the Municipality's satisfaction and
according to all relevant federal or provincial legislation or regulation or
municipal bylaw. The owner shall ensure that the water service shall be
inspected by the Municipality prior to backfilling of the trench and prior to
connection to the water system.
10. 7
The owner, (as a term of being supplied with water services) is responsible for the
cost of construction, maintenance and repair of those portions of the service
connection both above, on, or underneath the premises to the boundary of the road
or easement, but only to the point (but excluding) the curb cock valve.
10.8
Title to the water supplied by the Municipality shall pass from the Municipality to the
customer at the point of the curb cock valve.
10.9
Response to Water Break Reports
Public Works shall respond to a report of a water break as soon as reasonably
practical.
(a)
Initial Check: The Town staff shall first inspect the area reported as a water
break.
(b)
Area Leaking - After the curb cock: The attending staff member shall
advise the owner or occupier that the water break is after the curb cock. Costs
associated with fixing the leak shall be the responsibility of the owner. It is not
the Town's responsibility to fix the break. Town staff will shut the water off at
the curb cock or supply valve by the meter set and may invoice the owner for
the call out.
(c)
Area Leaking - Before or at the curb cock: The attending staff member/s
shall take the steps necessary to repair the water break.
(d)
Area Leaking - Before or at the curb cock caused by damage outside
municipal operations: The attending staff member shall advise the owner or
occupier that the water break was cause by damage not related to municipal
operations. The Town shall take the necessary actions to repair the leak and
the owner shall be responsible for the costs associated with the repair.
f20
Town of Smoky Lake Utility Bylaw 005-19
SEWER
10.10 The owner of any land abutting on any road or easement wherein there is a sewer
main now existing or hereafter located shall:
10.11
10.12
10.13
(a)
Complete the Sewer Service Main Connection Agreement and pay to the
Municipality the Sewer Service Main Connection Fee as per the Master Rates
Bylaw by Council resolution as amended from time totime before any
construction commences.
(b)
install, in any building, and between the sewer main and any building
(including a sewer service line) connections with the sewage system, and
any other apparatus and appliances required to ensure the proper sanitary
condition of the building and premises. The sewer service shall be installed
by a person authorized to do so under the Safety Codes Act. The sewer
service shall be installed to the Municipality's satisfaction and according to all
relevant federal or provincial legislation and regulations or municipal bylaw.
The owner shall ensure that the sewer service shall be inspected by the
Municipality prior to backfilling of the trench and prior to connection to the
sewer system.
(c)
refrain from use or continuance of any water closets or privies that are not
connected with the sewage system.
The owner, (as a term of being supplied with sewer services) is responsible for the
construction, maintenance and repair of those portions of the service connection
both:
(a)
(b)
above, on, or under the premises; and
from the main line of the sewer system to the boundary of the road or
easement.
Maintenance and repairs of sewer service lines due to tree root infiltration originating
from the Municipality's property shall be the responsibility of the Municipality.
Response to Sewer Back Ups
Public Works shall respond to a report of a sewer back-up as soon as reasonably
practical.
(a)
Initial Check: The Town staff shall first check the sewer main to determine
its rate of flow. A normal rate of flow within the sewer main indicates that the
blockage is in all likelihood within the sewer pipe service. An abnormally
small amount of flow, or no flow, may indicate that the sewer main itself is
obstructed.
(b)
Obstruction in Sewer Main: If the blockage is within the sewer main,
steps shall be taken as reasonably practical, and as resources and
equipment become available, to clear the blockage from the main.
(c)
Blockage in Sewer service Line: If the blockage is within the sewer
service pipe, the attending staff member shall determine if the problem
may be due to tree root infiltration of trees planted on Town property
L
adjacent to the privately-owned property.
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Town of Smoky Lake Utility Bylaw 005-19
METERS
i)
No trees on adjacent Town property: If the blockage is within the
sewer service pipe and there are no trees on adjacent Town property,
the attending staff member shall advise the owner or occupier of such.
Costs associated with clearing shall be the responsibility of the owner.
It is not the Town's responsibility to clear the blockage.
ii)
Trees on adjacent Town property: In areas where the Town has
planted or given permission to be planted, trees or bushes in the
Town boul,evard adjacent to the privately-owned property, the Town
staff shall determine if roots from these trees infiltrate the sewer
service line.
iii) If there is potential for tree root infiltration, the attending Town staff
member shall, within a timeframe which is reasonably practical,
attend the property with root cutting equipment and clear the sewer
service pipe at the Town's expense.
(d)
Back Up Flow Preventers - property owners/occupiers shall be advised
that sewer backup flow preventers are mandatory under the current
building code and must have such a device installed in the floor drain.
10.14
Public Works will respond to a report of a broken gas or water meter as soon as
reasonably practical. (refer to Section 11.6 for meters not registering).
(a)
Initial Check: The Town staff shall first inspect the meter reported as
broken.
(b)
Replacement: If it is determined that the meter is indeed broken and was
caused by damage not related to municipal operations, the meter shall be
replaced as soon as reasonably practical. The owner shall be responsible for
the costs associated with the call out, the meter and all related supplies.
STORM SEWER
10.15
The owner of any land abutting on any road or street where a storm sewer system
is constructed shall install such connections at the premises as required by the
Municipality but shall not connect any eaves or weeping tile.
GENERAL
10.16
If the owner fails, neglects or refuses to comply with this Bylaw within sixty (60) days
of the enactment of this Bylaw, or within sixty (60) days of the construction of the gas
system, sewage system, water system or storm sewer system within the abutting
street, public place, or road, where construction takes place after the enactment of
this Bylaw, the Municipality may enter onto the premises and make the connection or
installation, at the expense of the owner.
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Town of Smok Lake Utility Bylaw 005-19
10.17
The Municipality will in,stall at least one water meter and ERT for every Water System
service connection to a premise. Any additional meters or relocation of meters shall
be at the discretion of the Municipality and will be at the expense of the owner.
Notwithstanding the foregoing the owner of the premises on which a trailer court or
designated manufactured home park or a condominium exists, shall ensure that a
water meter shall be installed for each trailer or manufactured home site or
condominium unit, unless otherwise agreed by the Municipality.
10.18
10.19
10.20
10.21
10.22
10.23
10.24
10.25
10.26
10.27
The Municipality will install at least one gas meter for every Gas System service
connection to a premise. Any additional meters or relocation of meters shall be at the
discretion of the Municipality and will be at the expense of the owner.
Notwithstanding the foregoing the owner of premises on which a trailer court or
designated manufactured home park or condominium exists shall ensure that the gas
meter be installed for each trailer or designated manufactured home site or
condominium unit, unless otherwise agreed by the Municipality.
Any meter installed pursuant to this section is the property of the Municipality and shall
be deemed to be part of the Utility System.
The owner of premises for which a service connection (including a meter) for any
aspect of the utility system is located shall ensure that the works are protected from
damage, including freezing. The owner shall be responsible for the costs of repair or
replacement of damage to the utility system, including freezing.
Costs related to any services resulting from repairs, not caused from municipal
operations shall be invoiced to the owners as outlined in the Master Rates Bylaw by
Council resolution as amended from time totime.
The Municipality will neither admit to, nor be held liable for, any direct or indirect damages
to property as a result of the operation or non-operation of the sewer, water or gas
system, regardless of season.
The customer shall ensure there is clear and free access to all meters.
Where the owner is required to perform any work within lands owned or controlled by
the Municipality (including a road or easement) the owner shall contact the Town
Manager prior to performing such work, remediate the lands to the satisfaction of the
Town Manager, and perform the work according to the terms specified by the Town
Manager.
No person shall resell natural gas or water delivered to any premise.
The Municipality shall incur no liability by reason of failure respecting provision of utility
services, nor shall it be liable for loss, costs, or damage to persons or property arising or
resulting from the supply or use of the utility services. The owner shall be responsible for
all damages or blockages to lines and equipment on the owner's premises, and that
portion connected between the main and the boundary of the road or easement, due to
his or his agent's negligence. The Municipality is not liable for any failure to supply utility
services for any reason whatsoever, including interruption of supply.
Full compliance with this section is a condition and term of supplying utility serv\rr(\
to
that premises.
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Town of Smoky Lake Utility Bylaw 005-19
10.28
Nothing in this Bylaw precludes the Municipality from requiring the installation of a utility
system pursuant to the municipal authority prescribed in Part 17 of the municipal
Government Act, or any another enactment.
10.29
Nothing in this Bylaw precludes the Municipality from acting as a contractor to install or
maintain works that are the responsibility of the owner, on terms satisfactory to the Town
Manager. If the Municipality does act as such a contractor, it shall not be deemed to have
waived the owners' ongoing responsibilities as prescribed by this Bylaw.
10.30
If any customer requires an increase supply of water or gas at the premises for which
utility services are provided by the Municipality, the customer shall notify the Municipality
prior to increasing consumption. Any increase, is subject to the discretion of the
Municipality, acting reasonably, and having regard to the Municipality's ability to provide
utility services to other customers, and to operate the utility system safely.
10.31
The Municipality may, at such times and for such lengths of time as is considered
necessary or advisable or through bylaw, implement water restrictions to any or all parts
of the Town.
10.32
All water restrictions shall be duly advertised prior to taking effect.
10.33
No person shall, without the Municipality's written consent, contravene the terms or
conditions of any water restrictions.
11. UTILITY CHARGES
11.1
The Municipality shall levy utility charges on all premises (unless those premises
are exempted pursuant to Section 8 above); Utility charges shall be set out in the
Master Rates Bylaw by Council resolution, as amended from time to time.
11.2
The Municipality requires a customer to complete the Utility Service Connection
form and pay the New Customer Fee as per the Master Rates Bylaw by Council
resolution as amended from time totime to create a new utility account. All utility
accounts shall be with the owner of the premises, and in the case where the owner
is not the occupier, the utility accounts shall be with the owner and the occupier,
therefore both shall receive a copy of the utility bill.
11.3
The owner of the premises is responsible for the account whether or not utility
services had previously been provided to the premises. As prescribed in Section 553
of the MGA, any utility charges remaining unpaid can be levied and collected in a like
manner as municipal truces. This means that those utilities remaining unpaid can be
transferred to the tax roll of the property that the utility service is being provided to.
11.4
Payments can be made at the Town Office, the customer's financial institute, pre
authorized plan or on-line banking services. Credit card payments are accepted for
utilities only.
11.5
Utilities used for a partial month shall be pro-rated.
11.6
The due date is the 28th day of the month in which the customer was invoiced for the
utilities. If the 28th day falls on a weekend, the customer has until the t
1 xt businPis J\
day to pay.
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Town of Smoky Lake Utility Bylaw 005-19
11. 7
If a utility bill remains unpaid after the 28th day of the month, a 3.5% penalty will be
applied against the outstanding amount.
11.8
After two months (60 days) in arrears, the owner / occupier will receive a "Notice of
Arrears" letter stating that the utility account must be paid by the date specified in the
letter; and utility services may be disconnected or transferred to the tax roll of the
property if payment is not made.
11.9
If the utility bill remains unpaid after the specified time in the "Notice of Arrears" letter, a
48-hour "Notice of Disconnection" will be delivered to the customer's property.
11.10
If the payment has not been received within the 48-hour notice period, or the customer
fails to contact the Town Office to make a payment arrangement within the 48-hour
notice period, the utilities may be disconnected.
11.11
The utilities will not be reconnected until all arrears remaining on the account are paid
in full, plus the applicable disconnection/reconnection fees.
11.12
Where a meter has been removed, altered, tampered or is defective in any manner,
the Town Manager may estimate the water charges or gas charges for that premises
for the period of time that the meter was not operating properly. The estimated utility
charges shall be deemed to be utility charges set by Council resolution, as amended
from time to time.
11.13
The customer shall pay to the Municipality any additional utility charges (based on
the estimate) for the period that the meter was not operating properly, even if the
customer had paid the Municipality for some or all of the utility charges levied for that
period.
Meter Disputes
11.14
If an owner views that a gas or water meter at the premises is not registering
accurately, they may dispute the meter by:
a)
notifying the Town Manager of their concern and requesting, in writing, a test
to verify the meter accuracy; and
b)
paying to the Municipality the meter deposit charge and both the
disconnection and reconnection of services fee in advance, as prescribed
by the Master Rates Bylaw by Council resolution as amended from time to
time.
11.15
When the Municipality receives a meter dispute as outlined above, the Town Manager
shall:
(a)
schedule an appointment with the owner to remove the meter in dispute and
replace it with another one;
(b)
send the meter to a supplier for accuracy testing; and
(c)
ultimately provide the owner with a copy of the meter test results.
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Town of Smoklity Bylaw 005-19
11.16
If the meter test indicated that the meter is within prescribed tolerances, no
adjustments to billings will be made, and the Municipality retains all the fees plus will
invoice the Customer the remaining costs associated with the meter testing; and the
meter will be re-installed to the property.
11.17
If the meter is found to be in excess of the prescribed tolerances:
(a)
the Municipality shall reimburse to the owner the meter deposit charge and
both the disconnection and reconnection of services fee; and
(b)
the Municipality will correct the utility accounts by the appropriate amount for
the time during which the meter was registering incorrectly. If such time
cannot be determined with reasonable accuracy, the correction will be made
for a period of not more than three (3) months immediately preceding the
date of the application.
11.18
The Municipality shall levy utility charges for all premises on a monthly basis, unless
otherwise agreed in writing. The Municipality may estimate the consumption for any
utility charge, although ordinarily the Municipality will take a meter reading every
Billing Period.
11.19
A customer is not relieved from paying utility charges by reason of non-receipt of a
utility account, whatever the reason for non-receipt.
11.20
A customer shall pay the applicable utility charges on or before the due date.
11.21
Any owner can request the Town to disconnect/reconnect the meter to their
premises, upon payment of a disconnection/reconnection charge set by Council
resolution as per the Master Rates Bylaw as amended from time to time. The owner
cannot request the Town to discontinue the utility service to their premises when
there is an occupier in the premises and where the occupier has not contravened this
Bylaw.
11.22
Any customer to whom utility services have been shut off for committing a breach of
this Bylaw shall, upon having paid all utility arrears owing, and upon requesting the
Municipality to restore utility services, pay to the Municipality a reconnection charge
set by the Master Rates Bylaw by Council resolution, as amended from time to time.
11.23
If payment is remitted for part but not all of the utility charges owing, payment shall
be applied to that portion of the utility chCrges outstanding the longest, regardless of
any wish by the customer to apply payment to any portion of the utility charges
owing.
11.24
In all situations, the owner of the property will be responsible for unpaid accounts.
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Town of Smoky Lake Utility Bylaw 005-19
11.25
Properties that are under construction, or renovation and are not deemed to be fit for
occupancy shall only be charged consumption charges for the utility services
provided. In recognition of the fact that the resources of the Town are limited, and
that the Town is, therefore, unable to ensure compliance with all relevant legislative
standards, the owner of the property shall notify the Town when the property is
deemed fit for occupancy. At this time in addition to consumption charges, all fixed
charges and minimum monthly service charges shall come into effect. If the owner
fails to provide notice that the property is deemed fit for occupancy the Town shall
impose fees and charges at the Town's discretion. The onus is on the property owner
to apply for an exemption under this section.
11.26
Owners that require any gas service be permanently removed shall be required to
sign a Town's Release Under the Natural Gas Installation and Service Agreement and
pay the Gas Release Charge as per the Master Rates Bylaw by Council resolution
as amended from time to time. The gas line will be cut and capped underground and
will be considered abandoned and unusable. Therefore, if the owner of the premises
wishes to restore the gas service, the owner will be required to pay the Gas Service
Main Connection fee as per the Master Rates Bylaw by Council resolution as
amended from time totime and all construction costs be at the owner's expense.
11.27
Owners that require any water service be permanently removed shall be required to
sign a Town's Release Under the Water Installation and Service Agreement and pay the
Water Release Charge as per the Master Rates Bylaw by Council resolution as
amended from time to time. The water line will be cut and capped underground and
will be considered abandoned and unusable. Therefore, if the owner of the premises
wishes to restore the water service, the owner will be required to pay the Water
Service Main Connection fee as per the Master Rates Bylaw by Council resolution
as amended from time totime and all construction costs be at the owner's expense.
ERRORS OR EMISSIONS
11.28
The Town will correct any errors or omissions on utility accounts up to a
maximum of three previous months. Exceptions to this section may be appealed to
Council.
11.29
Costs related to any services resulting from repairs not caused from municipal
operations shall be invoiced as per the Master Rates Bylaw by Council resolution as
amended from time totime.
11.30
The Town will neither admit to, nor be held liable for, any direct or indirect damages
to property as a result of the operation or non-operation of sewer, water or gas system,
regardless of season.
12. RIGHT OF ENTRY
12.1
As a condition of receipt of utility services and as operational needs dictate, the
Municipality shall have the right to enter a customer's premises at all reasonable
times, or at any time during an emergency, for the purpose of:
(a)
(b)
installing, inspecting, maintaining, replacing, testing, monitoring, reading
or removing the utility system;
investigating or responding to a customer complaint or in
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l
;
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Town of Smoky Lake Utility Bylaw 005-19
(c)
conducting an unannounced inspection where the Municipality has
reasonable grounds to believe that theft of utility services or interference
with the utility system (including but not limited to a water or gas meter)
has occurred or is occurring; or
(d)
for any other purpose incidental to the provision of utility services.
12.2
The Municipality will make reasonable effects to notify the customer in advance of
entering a customer's premises or to notify any other person who is at the
customer's premises and appears to have authority to permit entry, except:
(a)
in cases of an emergency.
(b)
where entry is permitted by order of a court or otherauthority having
jurisdiction.
(c)
where otherwise legally empowered to enter.
12.3
No person shall hinder, interrupt or cause to be hindered any authorized
representative of the Municipality in the exercise of any of the powers or duties
relating to the utility system as authorized or required in this Bylaw.
13. ENFORCEMENT
13.1
Every person who contravenes any provision of this Bylaw is guilty of an offence and on
conviction, is liable for a fine of not less than two hundred ($200.00) dollars and not
more than ten thousand ($10,000 .00) dollars.
13.2
A person who contravenes any provision of this Bylaw after that person has already been
convicted of an offence under this Bylaw or has voluntarily paid a fine for such an offence
is guilty of a subsequent offence and on conviction, is liable for a fine of not less than five
hundred ($500.00) dollars and not more than ten thousand ($10,000) dollars.
13.3
No person who is convicted for an offence pursuant to this Bylaw is liable to
imprisonment.
13.4
Compliance with this Bylaw is a condition of providing utility services.
13.5
The Town Manager may add any outstanding account owed by the owner of a premises
to the tax roll for that property.
14. GENERAL
14.1 This Bylaw shall come into force and effect on the third and final reading.
14.2 Bylaw 002-19 and any previous utility bylaws are hereby rescinded.
F APRIL, 2019
t
A, --
-
Adam Kozakiewicz
Chief Administrative Officer
.
Pag19of20
Town of Smoky Lake Utility Bylaw 005-19
READ A SECOND TIME THIS 9th DAY OF APRIL, 2019
Adam Kozakiewicz
Chief Administrative Officer
READ A THIRD AND FINAL TIME, WITH THE UNANIMOUS CONSENT OF ALL
COU CILLORS PRESENT, THIS 9th DAY OF APRIL, 2019
Adam Kozakiewicz
Mayor
Chief Administrative Officer
age 20 of20
Town of SmoWutility Bylaw 005-19