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BYLAW NO.240-11
SUMMER VILLAGE OF VAL QUENTIN
A BYLAW OF THE SUMMER VILLAGE OF VAL QUENTIN, IN THE PROVINCE OF
ALBERTA, RESPECTING THE SUPPLY OF SEWER SERVICES
WHEREAS the Municipal Councils of the Village of Alberta Beach, the Summer
Village of Sunset Point, and the Summer Village of Val Quentin (collectively, the
"Municipalities") have determined it to be expedient to establish a Bylaw to regulate the
provision of Sewer Services in the Municipalities;
AND WHEREAS the Municipalities are all served by the TriVillage Regional Sewage
Services Commission, established and operated in accordance with the TriVillage Regional
Sewage Services Commission Regulation, Alta. Reg. 70/1990, TriVillage Regional Sewage
Services Commission Municipal Utilities Acquisition Regulation, Alta. Reg. 368/1992, and Part
15.1 of the Municipal Government Act, R.S.A. 2000, c.M-26, as amended;
AND WHEREAS Section 7(g) of the Municipal Government Act provides the
Municipalities with the authority to enact bylaws regarding public utilities;
NOW THEREFORE, under the authority and subject to the provisions of the Municipal
Government Act, R.S.A. 2000 c.M-26, as amended, Municipal Council for the Summer Village
of Val Quentin, duly assembled enacts as follows:
PART I - INTERPRETATION
1.
This Bylaw may be referred to as the "Sewer Bylaw".
2.
Definitions
(a) "Address of Permanent Residence" means the address constituting the
Consumer's primary dwelling place, which may or may not be the
Premises receiving Sanitary Sewer Services.
(b) "Alberta Plumbing Code" means the National Plumbing Code of Canada
1995, adopted and in force in the Province of Alberta pursuant to Alberta
Regulation 219/97, as amended or repealed and replaced from time to
time.
(c) "Appurtenance" means any fixture, receptacle, apparatus or other device
which is attached to and forms a part of a Service Connection.
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(d) "Authorized Person" means a Person employed or under contract to the
Commission or the Municipalities and occupying a position listed at
Schedule "B" to this Bylaw.
(e) "Black Water" means domestic wastewater containing human excrement
or matter contaminated with human excrement, discharged from a toilet.
(f) "Commission" means the TriVillage Regional Sewage Services
Commission.
(g) "Consumer" means any Person whose Premises is connected to the
Sanitary Sewer System, or any lessee or Occupant of such a Premises for
the purpose of providing Sanitary Sewer Service under this Bylaw.
(h) "Designated Officer" means a Person appointed pursuant to s. 210(1) of
the Municipal Government Act, and includes for the purpose of this
Bylaw, an Authorized Person.
(i) "Development Authority" shall have the meaning set out at s. 616(c) of
the Municipal Government Act.
(j) "Emergency" shall be as defined in s. 541(a) of the Municipal Government
Act.
(k) "Grey Water" means domestic wastewater from a hand basin, bath,
shower, kitchen or laundry, excluding Blackwater.
(l) "Municipal Government Act" means R.S.A. 2000, c.M-26, as amended or
repealed and replaced from time to time.
(m) "Municipal Tag" means a notice issued by the Municipality pursuant to s.
7 of the Municipal Government Act, for the purpose of providing a Person
with an opportunity to acknowledge a contravention of this Bylaw, and to
pay a penalty directly to the Municipality, in order to avoid prosecution
for the contravention.
(n) "Municipality", in the singular, means the Summer Village of Val
Quentin.
(o) "Municipalities", in the plural, means the Village of Alberta Beach, the
Summer Village of Sunset Point, and the Summer Village of Val Quentin,
collectively.
(p) "Occupant" means a Person occupying a Premises or Dwelling Unit,
including a lessee or licensee, who has actual use, possession or control of
the Premises or Dwelling Unit.
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(q) "Owner" means the registered owner of real property to which a Utility
Service is provided pursuant to this Bylaw, and includes a purchaser under
an agreement for sale of real property.
(r) "Peace Officer" means a member of the Royal Canadian Mounted Police,
a Community Peace Officer appointed by any of the Municipalities, or a
Peace Officer or Bylaw Enforcement Officer appointed to enforce the
Municipalities' Bylaws.
(s) "Person" includes any individual, firm, partnership or body corporate.
(t) "Premises" means real property and all buildings, structures and
improvements thereon.
(u) "Provincial Offences Procedure Act" means R.S.A. 2000 c.P-34, as
amended or repealed and replaced from time to time.
(v) "Registered Owner" means the Registered Owner of a Premises, as
evidenced on a Certificate of Title for that Premises.
(w) "Safety Codes Act" means R.S.A. 2000, c. S-1, as amended or repealed
and replaced from time to time.
(x) "Sanitary Sewer Service(s)" means the supply of sewage disposal services
to a Premises by the Commission pursuant to this Bylaw.
(y) "Sanitary Sewer System" means that system of pipes, fittings, fixtures,
Appurtenances, treatment plants, pumping stations, feeder mains, portions
of Service Connections, and all other equipment and machinery of
whatever kind owned by the Commission which is required for the
collection and disposal of sewage, and which is deemed to be a Public
Utility within the meaning of the Municipal Government Act.
(z) "Service Connection" means that pipe which connects a Consumer's
Premises to the Commission's main line of the Sanitary Sewer System.
(aa) "Violation Ticket" means a ticket issued pursuant to Part II of the
Provincial Offences Procedure Act.
PART II - SANITARY SEWER SERVICES
3.
Services Provided by Commission
(a) The provision of Sanitary Sewer Services in the Municipalities shall be the
responsibility of the Commission.
(b) The Commission may establish standards, guidelines, and specifications for the
design, construction and maintenance of the Sanitary Sewer System.
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4.
Terms of Service
(a) The provisions of this Bylaw shall constitute terms of service for the provision of
Sanitary Sewer Services, and all Persons shall comply with the provisions herein.
(b) All work performed on any portion of the Sanitary Sewer System, pursuant to the
terms of this Bylaw by a Consumer shall be performed in accordance with the
required standards set out in the Alberta Plumbing Code, and any other applicable
Code under the Safety Codes Act.
(c) Prior to commencing work to access the sewer system, the Owner or representative
shall fill out a Commission "Application for Connection and Service" and pay the
required connection fee. All provisions of the Application must be adhered to.
(d) As a condition of a subdivision or development approval issued pursuant to the
Municipality's Land Use Bylaw, the applicant for subdivision or development
approval will be made responsible for the construction of the sewer Service
Connection located on Municipal or Commission property. The Developer shall
ensure such construction is to Commission standards, is subject to Commission
inspection and may be required to enter into a Development Agreement with the
Commission. A clean-out will be required at the property line of each new
installation.
(e) Those portions of the Service Connection located within the boundaries of the
Premises shall be constructed by the Owner at his or her sole expense, pursuant to the
terms of this Bylaw and any specifications provided by the Commission, and the
Owner shall be responsible for the continued maintenance and repair of the sewer
Service Connection thereafter. Such construction will be subject to Commission
inspection and any requirements of the Commission such as engineering studies at the
Owners expense.
(f) The Commission shall, at all times, remain the Owner of that portion of the Service
Connection between the Commission's main line and the property line of the road or
boundary of an easement granted to the Commission or Municipality for its Sewer
System notwithstanding that the Commission's portion of the Service Connection
may have been constructed by, or its construction funded by, an applicant for a
subdivision or development approval.
Use and Protection of Sewer System
5.
Prohibitions
(a) No Person shall connect, or permit the connection of, any pipe, device or Service
Connection to the Sanitary Sewer System without the written authorization of the
Commission.
(b) No Person shall connect, or permit the connection of, any pipe, device or Service
Connection to the Sanitary Sewer System that is not installed in accordance with:
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i.
the Alberta Plumbing Code;
ii.
the Safety Codes Act, or any Code thereunder;
iii.
any other applicable regulation or legislation;
iv. any other conditions or requirements imposed by the Commission with
respect to the standards or requirements for a Service Connection.
(c) No Person shall dispose of, or permit the disposal of, any chemical, toxic or
dangerous substance, or other form of pollutant into the Sanitary Sewer System.
(d) No Person shall connect, or permit the connection of, a weeping tile system to the
sanitary sewer, unless approved in writing by the Commission.
(e) No Person shall dispose of any substance other than Black Water or Grey Water into
any sewage Service Connection connected to the Sanitary Sewer System.
(f) Except as authorized by the Commission, no Person shall turn, lift, remove, raise or
tamper with the cover of any manhole or other Appurtenance of the Sanitary Sewer
System.
(g) No Person shall cut, break, connect to or otherwise interfere with any part of the
Sanitary Sewer System, except as authorized in writing by the Commission.
(h) No Person shall interfere with the free discharge of the Sanitary Sewer System, or any
part thereof, or do any act or thing which may impede or obstruct the flow of
substances within the Sanitary Sewer System.
(i) For the purpose of determining compliance with the provisions of this Bylaw, an
Authorized Person may, upon providing reasonable notice to the Owner or Occupant,
enter into any Premises for the purpose of conducting an inspection under s. 542 of
the Municipal Government Act.
PART III - ADMINISTRATION
Authority of Authorized Persons
6.
The Commission is responsible for the administration and enforcement of this Bylaw,
and may further delegate this authority as it deems appropriate.
7.
A Person occupying a position identified as an Authorized Person under this Bylaw is a
Designated Officer of the Municipalities pursuant to Section 210(1) of the Municipal
Government Act, and shall have the authority to exercise any powers, duties or functions
identified in this Bylaw.
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8.
In the event of an Emergency, a Commission member or designee or any Authorized
Person or Peace Officer, may enter onto any Premises, without prior notice to any Person,
for the purpose of disconnecting the supply of a utility, the prevention of flooding, or to
prevent the release of sewage from the Sanitary Sewer System.
9.
Where an Authorized Person or Peace Officer finds that a Person is contravening any
provision of this Bylaw, in addition to any other remedy provided, the Authorized Person
may issue an Order to the Owner, Occupant or Person responsible for the contravention
pursuant to ss. 545 or 546 of the Municipal Government Act, as applicable, directing that
the Owner, Occupant, Person responsible for the contravention or any or all of them take
the steps necessary to remedy the contravention in a time period set by the Authorized
Person.
PART IV - OFFENCES AND PENALTIES
Offences
10.
Upon Summary Conviction, any Person who contravenes any provision of this Bylaw is
guilty of an offence and is liable to the applicable penalties set out in Schedule "A"
herein, as amended by Resolution of Council from time to time.
11.
Any Person who provides false information to the Commission, the Municipalities, an
Authorized Person or to any other Person empowered to enforce the terms of this Bylaw,
is, upon summary conviction, liable to the applicable penalties set out at Schedule "A"
herein.
Enforcement
12.
Municipal Tags
(a) Peace Officer is hereby authorized and empowered to issue a Municipal Tag to any
Person whom the Peace Officer has reasonable grounds to believe has contravened
any provision of this Bylaw.
i. A Municipal Tag shall be served upon such a Person personally, or in the case
of a corporation, by serving the Municipal Tag personally upon the Manager,
Secretary or other Officer of the corporation, or a Person apparently in charge
of a branch office, or by mailing a copy to such Person by registered mail.
ii. Where personal service cannot be effected upon a Person, the Peace Officer
may serve the Municipal Tag by leaving the Tag with a Person on the
Premises who has the appearance of being at least eighteen (18) years of age.
(b) A Municipal Tag shall be in a form approved by Council, and shall contain the
following information:
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i.
The name of the Person to whom the Municipal Tag is issued;
ii.
The date of issuance;
iii.
A description of the offence, the section number of the Bylaw, and the
date on which the offence occurred;
iv.
The appropriate penalty for the offence as specified at "A" of the Bylaw;
v.
That the penalty shall be paid within thirty (30) days of the issuance of the
Municipal Tag, in order to avoid prosecution; and
vi.
Any other information as may be required by the Chief Administrative
Officer from time to time.
(c) Where a Municipal Tag has been issued pursuant to Section 12(a), the Person to
whom the Municipal Tag has been issued may, in lieu of being prosecuted for the
offence, pay to the Municipality, the penalty specified on the Municipal Tag, within
the time period provided.
(d) Nothing in this Section shall:
i.
prevent any person from exercising his right to defend any charge of
committing a breach of any Section of the Bylaw or
ii.
prevent any Peace Officer, in lieu of serving a tag, from issuing a
Violation Ticket to a person or registered owner pursuant to the Provincial
Offenses procedures Act, R.S.A. 2000, c. S-1.
13.
Violation Tickets
(a) In those cases where a Municipal Tag has been issued and the penalty specified on
the Municipal Tag has not been paid within the prescribed time, a Peace Officer is
hereby authorized and empowered to issue a Violation Ticket pursuant to Part II of
the Provincial Offences Procedure Act.
(b) Notwithstanding Section 13(a) above, a Peace Officer is hereby authorized and
empowered to immediately issue a Violation Ticket to any Person to whom the Peace
Officer has reasonable grounds to believe has contravened any provision of this
Bylaw, notwithstanding that a Municipal Tag has not first been issued.
(c) Where a Violation Ticket has been issued to a Person pursuant to this Bylaw, that
Person may plead guilty to the offence by submitting to a Clerk of the Provincial
Court, the specified penalty set out on the Violation Ticket at any time prior to the
appearance date indicated on the Violation Ticket.
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NOTICES
14.
Unless a provision of this Bylaw dictates otherwise, any notice required to be given
pursuant to this Bylaw may be given by registered mail, personal service, or by posting
the notice at a location on the Premises where the notice is likely to come to the attention
of the person to whom it has been issued.
GENERAL PROVISIONS
15.
The Municipalities shall not be liable for any damages caused by the break, disruption,
stoppage, maintenance or disrepair of the Sanitary Sewer System, unless such damages
are due directly to the negligence of the Municipalities or its employees.
16.
This Bylaw shall come into full force and effect on the date that third and final reading is
completed.
READ a first time this 21st day of September, 2011
READ a second time this 21st day of September, 2011
READ a third and finally passed this 21st day of September, 2011
SIGNED by the Mayor and C.A.O. this 21st day of September, 2011
SUMMER VILLAGE OF VAL QUENTIN
PER:
MAYOR
SUMMER VILLAGE OF VALQUENTIN
PER:
CHIEF ADMINISTRATIVE OFFICER
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SCHEDULE "A"
PENALTIES FOR OFFENCES
5(a)
Connecting, or permitting the connection of, any pipe, device or Service Connection to
the Sanitary Sewer System without the written authorization of the Commission.
PENALTY: $500.00
5(b)
Connecting or permitting connection of, any pipe, device or Service Connection to the
Sanitary Sewer System that is not installed in accordance with:
i. the Alberta Plumbing Code;
ii. the Safety Codes Act, or any Code thereunder;
iii. any other applicable regulation or legislation;
iv. any other conditions or requirements imposed by the Commission with
respect to the standards or requirements for a Service Connection.
PENALTY: $500.00
5(c)
Disposing or permiting the disposal of, any chemical, toxic or dangerous substance, or
other form of pollutant into the Sanitary Sewer System.
PENALTY: $500.00
5(d)
Connecting or permitting the connection of, a weeping tile system to the sanitary sewer,
unless approved in writing by the Commission.
PENALTY: $500.00
5(e)
Disposing of any substance other than Black Water or Grey Water into any sewage
Service Connection connected to the Sanitary Sewer System.
PENALTY: $500.00
5(f)
Turning, lifting, removing, raising or tampering with the cover of any manhole or other
Appurtenance of the Sanitary Sewer System.
PENALTY: $500.00
5(g)
Cutting, breaking, connecting to or otherwise interfering with any part of the Sanitary
Sewer System, except as authorized in writing by the Commission.
PENALTY: $500.00
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5(h)
Interfering with the free discharge of the Sanitary Sewer System, or any part thereof, or
doing any act or thing which may impede or obstruct the flow of substances within the
Sanitary Sewer System.
PENALTY: $500.00
11.
Providing false information to the Commission, the Municipalities, an Authorized Person
or to any other Person empowered to enforce the terms of this Bylaw.
PENALTY: $500.00
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SCHEDULE "B"
AUTHORIZED PERSONS
1.
For the purposes of this Bylaw, Authorized Persons shall include the positions of:
a. Maintenance Manager
b. Maintenance Operator