Water and Sewer Bylaw No. 1014-26

Vauxhall, Alberta · adopted 2026-02-17

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 567bdc927428 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## Bylaw Title - 1 This Bylaw shall be known as the "Water and Sewer Bylaw". ## Definitions - 2 In this Bylaw, unless the context otherwise requires: - (a) "Account" means an agreement between a Customer and the Town for the supply of Utility Services of which the terms of the Water and Sewer Bylaw shall form a part and includes the amounts payable from time to time by the Customer to the Town; - (b) "Chief Administrative Officer" means the Chief Administrative Officer of the Town and or their delegate; - (c) "Council" means the municipal council of the Town; - (d) "Customer" means any Person that receives Utility Services and where the context or circumstances so require includes any Person who makes or has made an application for Utility Services or otherwise seeks to receive Utility Services and also includes any Person acting as an agent or representative of a Customer; - (e) "Current Rate" means the rate, of the price of water per cubic meter (M3) purchased by the Town of Vauxhall from the Vauxhall and District Regional Water Services Commission, and adjusted annually. - "Development" means excavation of stockpile and the creation of either of them; ## TOWN OF VAUXHALL BYLAW NO. 1014-26 WATER AND SEWER BYLAW A BYLAW REGULATING AND PROVIDING FOR THE TERMS, CONDITIONS, RATES AND CHARGES FOR THE SUPPLY AND USE OF WATER SERVICES AND SEWER SERVICES PROVIDED BY THE TOWN OF VAUXHALL WHEREAS, pursuant to section 3 of the Municipal Government Act the purposes of a municipality are to provide services, facilities or other things that, in the opinion of council, are necessary or desirable for all or a part of the municipality; AND WHEREAS, pursuant to section 7(g) of the Municipal Government Act a council of a municipality may pass bylaws for municipal purposes respecting public utilities; NOW THEREFORE the Council of the Town of Vauxhall, in the Province of Alberta, duly assembled, enacts as follows: ## PART I - TITLE AND DEFINITIONS - A building or an addition to our replacement or repair of a building and the construction or placing of any of them in, on, over or under land; - il. A change of use of land or a building or an act done in relation to land or a building that results in a change of use of the land or building; - ili. A change in the intensity of use of land or a building or an act done in relation to land or building that results in, or is likely to result in, a change in the intensity of use of the land or building; or - iv. The demotion of removal of a building or structure. - (g) "Facilities" means any infrastructure forming part of: - i. the Water System, including without limitation: water treatment plants, reservoirs, pumping stations, Water Mains, Water Service Lines, Curb Stops, valves, fittings, fire hydrants, chambers, Meters, Cross Connection control devices and all other equipment and machinery of whatever kind owned by the Town that is used to produce and supply potable water to Customers; or - ii. the Sewer System, including without limitation: Wastewater treatment plants, sewage lagoons, pumping stations, Sewer Mains, Sewer Service Lines, valves, fittings, chambers, Meters, and all other equipment and machinery of whatever kind owned by the Town that is used for the collection and transmission of Wastewater; as the context requires. - (h) "MGA" means the current Municipal Government Act which may be referenced - (i) "Municipal Tag" means a tag or similar document issued by the Town pursuant to the Municipal Government Act that alleges a bylaw offence and provides a Person with the opportunity to pay an amount to the Town in lieu of prosecution for the offence; - "Peace Officer" means a Bylaw Enforcement Officer providing services for the as Peace Officer appointed pursuant to the Peace Officer Act whose appointment includes enforcement of Town bylaws or a member of the Royal Canadian Mounted Police; - (k) "Person" means any individual, firm, partnership, association, corporation, trustee, executor, administrator or other legal representative to whom the context applies according to law; - (1) "Sewer Services" means the removal of Wastewater by the Town from a Customer's Property and associated services offered to the Customer under this Water and Sewer Bylaw; - (m) "Sewer Services Guidelines" means those guidelines, procedures, protocols, requirements, specifications or standards adopted by the Town from time to time, which are not inconsistent with the Terms and Conditions of Sewer Services attached as Schedule "C" to this Bylaw; - (n) "Sewer System" means the Facilities used by the Town for the collection, storage and transmission of Wastewater for Customers, which is deemed to be a public utility within the meaning of the Municipal Government Act; - (o) "Town" means the municipal corporation of the Town of Vauhall and its duly authorized employees, agents, contractors and other representatives or the geographic area contained within the boundaries thereof, as the context requires; - (p) "Utility Guidelines" includes Water Services Guidelines and Sewer Services Guidelines; - (9) "Utility Services" includes Water Services and Sewer Services; - (r) "Violation Ticket" has the same meaning as in the Provincial Offences Procedure Act; - (s) "Vacant" means having no fixtures, furniture, or inhabitants; empty - "Vauxhall and District Regional Water Services Commission" means the management body in which the Town of Vauxhall purchases water for the purpose of distribution - (u) "Water Services" means the provision of potable water by the Town to a Customer's Property and associated services offered to the Customer under this Bylaw; - (v) "Water Services Guidelines" means those guidelines, procedures, protocols, requirements, specifications, or standards adopted by the Town from time to time, which are not inconsistent with the Terms and Conditions of Water Services attached as Schedule "B" to this Bylaw; and - (W) "Water System" means the Facilities used by the Town to supply potable water to Customers, which is deemed to be a municipal public utility within the meaning of the Municipal Government Act. ## PART II - PROVISION OF UTILITY SERVICES ## Other Public Utilities Prohibited - 3 All Utility Services provided within the Town shall be provided by the Town, unless otherwise authorized by the Chief Administrative Officer. ## Terms and Conditions - 4 All Utility Services provided by the Town shall be provided in accordance with Schedules "A" B" "C" and "D" as applicable. ## Rates, Fees, and Charges 5 - 1) The Town will provide Utility Services to Customers within the Town at the rates, fees or other charges specified in Schedule "D". - 2) Where, fees or charges have not been established in Schedule "D" for a particular service the Town may establish charges for services provided. Without limiting the generality of the foregoing, the Town may establish charges for the following: 3. (a) service connection fees and/or developer contributions; 4. (b) meter resizing; 5. (c) repair or replacement of damaged Town Facilities where the Facilities are under the Customer's care or have been operated or interfered with by the Customer; 6. (d) application for a new Account or change of Account; 7. (e) disconnection of service for non-payment; 8. (f) collection charges; 9. (g) missed appointment; 10. (h) fire hydrant permits; 11. (i) construction water; 12. (i) Utility Services turn-on/turn-off at Customer request; 13. (k) after hours service callout; - (1) Meter installation and removal; 15. (m) frozen/damaged Meter; 16. (n) late payment penalties; - (o) NSF payment. - 3.) All additional services provided by the Town to a Customer will be billed to the Customer in accordance with an agreement between the Customer and the Town. - 4.) The Town will operate and maintain the Water System and Sewer System at no additional charge to any Customer beyond the charges outlined in subsections (1), (2) and (3) except for costs arising from: - requirements or requests for specific non-routine services not more particularly described in this Section or the acts or omissions of any particular Customer or defined group of Customers, or - (b) repairs or remedies of any loss or damage to Facilities or other property that is caused by a Customer or any other party for whom a Customer is responsible in law, including, without limitation, any costs or damages described in any judgment of a court in the Town's favour and such additional costs may at the Chief Administrative Officer's sole option (and in addition to any other legally available remedies) be added to a Customer's Account as an additional amount due and payable by the Customer to the Town. ## Utility Services Guidelines 6 - 1) The Town may adopt, amend, repeal, and replace Utility Services Guidelines from time to time as the Town deems advisable. - 2) Without limiting the generality of subsection (1), Utility Services Guidelines may deal with any or all of the following subject matters: 3. (a) procedures or requirements that a customer must comply with before a Service Connection is installed or activated, or before Utility Services are provided, or as a condition of ongoing provision of Utility Services; 4. (b) Customer Accounts, including without limitation provisions or requirements concerning opening an Account, making payments on an Account, consequences for failure to pay Accounts in full, lost bills, dishonoured cheques, collection of delinquent Accounts, adjusting improperly billed Accounts, Utility Service application fees, handling of confidential Customer Account information, closing an Account, and any other matter relating to Customer Accounts; 5. (c) measurement of water consumption, including without limitation provision or requirements concerning: meter inspection and testing, meter settings, chambers and installations, meter reading, disputes concerning meter data, estimates of consumption private or subsidiary meters, remote meter reading devices, relocation of meters, access for meter readers, and adjustments to bills when meters have malfunctioned; - (d) procedures or requirements concerning investigating Customer complaints and concerns; - (e) procedures or requirements for provision of temporary Water Services, including without limitation Water Services provided during the construction phase of a development; - procedures or requirements for upgrading, re-sizing, relocating or otherwise changing a Service Connection, whether at the instigation of the Town or at the request of a Customer. - (g) the turn-on and turn-off of Utility Services, whether at the instigation of the Town or at the request of a Customer; - (h) supply of water for firefighting purposes, including without limitation procedures or requirements concerning the maintenance of public and private fire hydrants and permissible use of water from fire hydrants; ## Notices - 7 In any case in which the Town is required to provide written notice to a Customer pursuant to this Bylaw, the Town shall serve notice either: - (a) personally; or - by mailing, delivering or providing a copy of the notice by electronic means to the customer at the last known address disclosed in the Alberta land titles registry certificate of title for the property. ## PART III - ENFORCEMENT ## Offence 8 A Person who contravenes any provision of this Bylaw is guilty of an offence. ## Continuing Offence - 9 In the case of an offence that is of a continuing nature, a contravention constitutes a separate offence in respect of each day, or part of a day, on which it continues and a Person guilty of such an offence is liable to a fine in an amount not less than that established by this Bylaw for each such day. ## Vicarious Liability - 10 For the purposes of this Bylaw, an act or omission by an employee or agent of a Person is deemed also to be an act or omission of the Person if the act or omission occurred in the ourse ot the employee's employment with the Person, or in the course of the agent exercising the powers or performing the duties on behalf of the Person under their agency relationship. ## Corporations and Partnerships 11 - 1) When a corporation commits an offence under this Bylaw, every principal, director, manager, employee, or agent of the corporation who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence whether or not the corporation has been prosecuted for the offence. - 2) If a partner in a partnership is guilty of an offence under this Bylaw, each partner in that partnership who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence. ## Fines and Penalties 12 - 1) A Person who is guilty of an offence is liable to a fine in an amount not less than $100.00 and not exceeding $10,000.00, and to imprisonment for not more than 6 months for nonpayment of a fine. - 2) Without restricting the generality of subsection (1) the fine amounts established for use on Municipal Tags and Violation Tickets if a voluntary payment option is offered are as set out in Schedule "E". ## Municipal Tag 13 - 1) A Peace Officer is hereby authorized and empowered to issue a Municipal Tag to any Person who the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. - 2) A Municipal Tag may be issued to such Person: 3. (a) either personally; or 4. (b) by mailing or delivering a copy to such Person at his last known post office or civic address. - 3) The Municipal Tag shall be in a form approved by the Town and shall state: 6. (a) the name of the Person; 7. (b) the offence; 8. (c) the specified penalty established by this Bylaw for the offence; 9. (d) that the penalty shall be paid within 30 days of the issuance of the Municipal Tag; and 10. (e) any other information as may be required by the Chief Administrator Officer. ## Payment in Lieu of Prosecution - 14 Where a Municipal Tag is issued pursuant to this Bylaw, the Person to whom the Municipal Tag is issued may, in lieu of being prosecuted for the offence, pay to the Town the penalty specified within the time period indicated on the Municipal Tag. ## Violation Ticket 15 - 1) If a Municipal Tag has been issued and if the specified penalty has not been paid within the prescribed time, then a Peace Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to the Provincial Offences Procedure Act; - 2) Notwithstanding subsection (1), a Peace Officer is hereby authorized and empowered to immediately issue a Violation Ticket pursuant to the Provincial Offences Procedure Act to any Person who the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw; - 3) If a Violation Ticket is issued in respect of an offence, the Violation Ticket may; 4. (a) specify the fine amount established by this Bylaw for the offence; or 5. (b) require a Person to appear in court without the alternative of making a voluntary payment. ## Voluntary Payment - 16 A Person who commits an offence may: - 1) if a Violation Ticket is issued in respect of the offence; and - 2) if the Violation Ticket specifies the fine amount established by this Bylaw for the offence; make a voluntary payment by submitting to a Clerk of the Provincial Court, on or before the initial appearance date indicated on the Violation Ticket, the specified penalty set out on the Violation Ticket. ## Obstruction - 17 No Person shall obstruct, hinder, or impede any authorized representative of the Town in the exercise of any of their powers or duties pursuant to this Bylaw. ## Schedules ## PART IV - GENERAL - 18 The following schedules are included in, and form part of this Bylaw: - 1) Schedule "A" - General Terms and Conditions of Utility Services; - 2) Schedule "B" - Terms and Conditions of Water Services; - 3) Schedule "C"-Terms and Conditions of Sewer Services; - 4) Schedule "D" - Rates, Fees and Other Charges; and - 5) Schedule "E" Specified Penalties. ## Severability - 19 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. ## Repeal - 20 This Bylaw repeals Bylaw No. 990-23 ## Enactment - 21 This Bylaw shall come into force and effect when it receives third reading and is duly signed. <!-- image --> Read a second time in Counci this\_ \_ day of February. 2026 Read a first time in Council this 12 day of February 2026 <!-- image --> <!-- image --> <!-- image --> Presented for third reading in Council and carried unanimously this /7\_day of Lebruary 2026 Read a third time in Council and finally passed this <!-- image --> <!-- image --> <!-- image --> 17 \_day of Februar 2026 A CHIEF ADMINISTRATIVE OFFICER ## Definitions - 1 The following words and phrases, whenever used in these Terms and Conditions or in an application, contract or agreement for service under these Terms and Conditions, shall have the meanings set forth below: - "Account" means an agreement between a Customer and the Town for the supply of Utility Services of which the terms of the Water and Sewer Bylaw shall form a part and includes the amounts payable from time to time by the Customer to the Town; - (b) "Backflow Valve" means a mechanism that prevents backflow to avoid untreated or potentially contaminated water migration into the Water System, Sewer System, or a Private Drainage System; - (c) "Council" means the municipal council of the Town; - (d) "Cross Connection" means any temporary, permanent, or potential connection of any piping, fixture, fitting, container or appliance to the Water System that may allow backflow to occur, including but not limited to: swivel or changeover devices, removable sections, jumper connections, and bypass arrangements; - (e) "Curb Stop" means a valve connected to a Water Service Line enabling the turning-on and shutting-off of the water supply to a Customer's Property; - "Customer" means any Person that receives Utility Services and where the context or circumstances so require includes any Person who makes or has made an application for Utility Services or otherwise seeks to receive Utility Services, and also includes any Person acting as an agent or representative of a Customer; - "Engineering Design Standards" means the Town's Minimum Engineering Design Standards, or in the absence of such standards, generally accepted municipal engineering standards; - (h) "Emergency" means a condition that creates an imminent danger or a real possibility of Property damage, or personal injury, or when a condition or situation is declared to be an emergency by Council, or the Federal or Provincial Crown, or other civil authority having jurisdiction; ## SCHEDULE "A" ## GENERAL TERMS AND CONDITIONS OF UTILITY SERVICES ## PART I - DEFINITIONS - (i) "Facilities" means any infrastructure forming part of: - i. the Water System, including without limitation: water treatment plants, reservoirs, pumping stations, Water Mains, Water Service Lines, Curb Stops, valves, fittings, fire hydrants, chambers, Meters, Cross Connection control devices and all other equipment and machinery of whatever kind owned by the Town that is used to produce and supply potable water to Customers; or - ii. the Sewer System, including without limitation: Wastewater treatment plants, sewage lagoons, pumping stations, Sewer Mains, Sewer Service Lines, valves, fittings, chambers, Meters, and all other equipment and machinery of whatever kind owned by the Town that is used for the collection and transmission of Wastewater; as the context requires; - "Force Majeure" means circumstances not reasonably within the control of the Town, including acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightening, earthquakes, fires, storms, floods, high water, washouts, inclement weather, orders or acts of civil or military authorities, civil disturbances, explosions, breakdown or accident to equipment, mechanical breakdowns, intervention of federal, provincial or local government or any of their agencies or boards, the order or direction of any court, and any other cause, whether of the kind herein described or otherwise - (k) "Hazardous Waste" has the same meaning as in the Environmental Protection and Enhancement Act and any regulations thereunder; - "Meter" means the individual or compound water meter and all other equipment and instruments, including but not limited to, radio frequency units and remote meter reading devices supplied and used by the Town to calculate and register the amount of water consumed relative to the land and buildings that the Meter is designed to monitor; - (m) "Owner" means: - i. in the case of land, the Person who is registered under the Land Titles Act as the owner of the fee simple estate in the parcel of land; or - ii. in the case of any property other than land, the Person in lawful possession of it; - (n) "Person" means any individual, firm, partnership, association, corporation, trustee, executor, administrator or other legal representative to whom the context applies according to law; - (0) "Private Drainage Line" means that portion of a Service Connection, which extends from the Service Connection Point to and within a Customer's Property, comprised of the Customer owned assembly of pipes, fittings, fixtures, traps and appurtenances for the collection and transmission of Wastewater into the Sewer System; 2. (p) "Private Water Line" means that portion of a Service Connection, which extends trom the Service Connection Point to and within a Customer's Property, comprised of the Customer owned assembly of pipes, fittings, fixtures, traps and appurtenances for providing water to a Customer's Property, excluding the Meter owned by The Town; - (9) "Property" means: - i. in the case of land, a parcel of land including any buildings; or - ii. in other cases, personal property; 6. (r) "Service Connection" means all of the Facilities required to achieve a physical connection between: - i. the Town's Water Main abutting a Customer's Property and a Private Water Line to allow a Customer to receive potable water, which includes a Water Service Line, a Service Connection Point and a Private Water Line; or - ii. the Town's Sewer Main abutting a Customer's Property and a Private Drainage System to allow a Customer to discharge Wastewater, which includes a Sewer Service Line, a Service Connection Point and a Private Drainage System, as the context requires; - (s) "Service Connection Point" means the point on the Service Connection where: - i. a Water Service Line physically connects to a Private Water Line; or - ii. a Sewer Service Line physically connects to a Private Drainage System; - (t) "Sewer Main" means those pipes installed for the collection and transmission of Wastewater within the Town to which a Service Connection may be connected; - (u) "Sewer Service Line" means that portion of a Service Connection owned by the Town that extends from the Sewer Main to the Service Connection Point; - (v) "Sewer Services" means the removal of Wastewater by the Town from a Customer's Property and associated services offered to the Customer under the Water and Sewer Bylaw; - (w) "Sewer System" means the Facilities used by the Town for the collection, storage and transmission of Wastewater for Customers, which is deemed to be a public utility within the meaning of the Municipal Government Act; - (x) "Subsidiary Meter" means a privately owned Meter installed on Property at the Customer's expense and utilized strictly for the Customer's purposes; - (y) "Terms and Conditions" means the terms and conditions in respect of Utility Services described in Schedules "A", "B", "C" and "D"; - (z) "Town" means the municipal corporation of the Town of Vauxhall and its duly authorized employees, agents, contractors and other representatives or the geographic area contained within the boundaries thereof, as the context requires; - (aa) "Utility Services" include Water Services and Sewer Services; - (bb) "Wastewater" means the composite of water and water-carried wastes discharged from residential, commercial, industrial or institutional Properties; - (cc) "Water Demand Management Measures" means restrictions upon the use of water for non-essential purposes, including but not limited to: irrigation, watering livestock, washing of vehicles, driveways or sidewalks, and any other purpose where water is utilized externally to a building and on any certain day or for a certain time period; - (dd) "Water Main" means those pipes installed for the conveyance of water within the Town to which Service Connections may be connected; - (ee) "Water Service Line" means that portion of a Service Connection owned by the Town that extends from the Water Main to the Service Connection Point; - (ff) "Water Services" means the provision of potable water by the Town to a Customer's Property and associated services offered to the Customer under the Water and Sewer Bylaw; - (gg) "Water System" means the Facilities used by the Town to supply potable water to Customers, which is deemed to be a public utility within the meaning of the Municipal Government Act. ## PART || - GENERAL WATER AND SEWER PROVISIONS ## Duty to Supply 2 - 1) The Town having constructed, operated and maintained a Water System as a public utility shall continue, insofar as there is sufficient capacity and supply, to supply Water Services, upon such terms as the Chief Administrative Officer considers advisable, to any Customer within the Town situated along a Water Main. - 2) The Town having constructed, operated and maintained a Sewer System as a public utility shall continue, insofar as there is sufficient capacity, to supply Wastewater Services, upon such terms as the Chief Administrative Officer considers advisable, to any Customer within the Town situated along a Sewer Main. - 3) All Utility Services provided by the Town shall be provided in accordance with these Terms and Conditions, and these Terms and Conditions shall apply to and be binding upon all Customers receiving Utility Services from the Town. ## No Guarantee of Continuous Supply 3 - 1) The Town does not guarantee or warrant the continuous supply of potable water and the Town reserves the right to change the operating pressure, restrict the availability of Water Services or to disconnect Water Services, in whole or in part, with or without notice, in accordance with the Water and Sewer Bylaw. - 2) The Town does not guarantee or warrant the continuous capacity to collect, store and transmit Wastewater and the Town reserves the right to restrict the availability of Sewer Services or to disconnect Sewer Services, in whole or in part, with or without notice, in accordance with the Water and Sewer Bylaw. - 3) Should the Town be rendered unable (wholly or in part) by Force Majeure to carry out its obligation to supply Utility Services, the Town's obligations so far as they are affected by Force Majeure shall be suspended. The Town shall where practicable give notice of the occurrence of Force Majeure to Consumers affected. - 4) The Town shall not be liable for damages, including losses caused by a break within the Town's Water System or Sewer System or caused by the interference or cessation of water supply including those necessary or advisable regarding the repair or proper maintenance of the Town's Water System or Sewer System, or generally for any accident due to the operation of the Town's Water System or Sewer System or for the disconnection of a Service Connection nor by reason of the water containing sediments, deposits, or other foreign matter. ## Fees, Rates and Charges 4 - 1) The Town will provide Utility Services at the fees, rates and other charges specified in the Schedule "D". - 2) Where rates, fees or charges have not been established in Schedule "D" for a particular service the Town may establish charges for services provided. - 3) All additional services provided by the Town to a Customer will be billed to the Customer in accordance with a written agreement between the Customer and the Town. ## PART III - SERVICE CONNECTIONS ## Application for Service Connection 5 - 1) A Customer requesting Utility Services involving a new Service Connection shall apply to the Town by paying all associated fees and supplying information regarding the location of the Property to be served, the manner in which the Service Connection will be utilized, and any other information that may be reasonably required by the Town. - 2) Upon receipt of all required information and fees, verification of the Customer's identity and the accuracy of the information, the Town will advise the Customer whether and on what terms the Town is prepared to supply Utility Services to the Customer, the type and character of the Service Connection(s) it is prepared to approve for the Customer, and any conditions, including without limitation, payments by the Customer, that must be satisfied as a condition of installation of a Service Connection and supply of Utility ## Easements and Rights-of-Way - 6 At the request of the Town, the Customer shall grant or cause to be granted to the Town, without cost to the Town, such easements or rights-of-way over, upon or under Property owned or controlled by the Customer as the Town may reasonably require for the construction, installation, maintenance, repair, and operation of the Water System or Sewer System. ## Design and Engineering Requirements for Service Connections - 7 Detailed requirements for engineering and construction of Service Connections are set out in the Engineering Design Standards, or as may be otherwise directed by the Town. It is the Customer's responsibility to supply, at the Customer's cost, any plans and engineering reports pertaining to the Service Connection that the Town may reasonably require, signed and sealed by a professional engineer. ## Construction of Service Connections 8 - 1) The Town shall provide and install all Facilities up to the Service Connection Point, subject to the terms of the Water and Sewer Bylaw including without limitation, payments by the Customer. - 2) The Customer shall be responsible for the installation and condition of the Private Water Line and Private Drainage Line and all other piping and equipment or other facilities of any kind whatsoever on the Customer's side of the Service Connection Point and: 3. (a) shall ensure that the Customer's proposed Private Water Line and Private Drainage Line receives approval from the Town prior to construction; and 4. (b) shall not backfill the excavation until such time as the Town has inspected the work or has advised approval of the work. ## Customer Responsibility for Service Connection - 1) The Customer assumes full responsibility for the proper use of any Service Connection and any Utility Services provided by the Town and for the condition, suitability and safety of any and all devices, equipment and maintenance necessary for receiving Utility Services that are located on the Customer's Property. - 2) The Customer shall be responsible for determining whether the Customer requires any devices to protect the Customer's Property from damage that may result from the use of a Service Connection, Utility Services, or to protect the safety or reliability of the Water System or Sewer System. The Customer shall provide and install any such devices at the Customer's sole expense. ## Compliance with Requirements and Use of Service Connection - 1) A Customer shall ensure that the Customer's facilities comply with the requirements of the Water and Sewer Bylaw, any statute, code or regulation and with the Town's specifications. - 2) A Customer shall not use a Service Connection, or any Utility Services received in a manner so as to interfere with any other Customer's use of a Service Connection, or Utility Services. - 3) A Customer who has breached subsection (2) shall, at the Town's request, take whatever action is required to correct such interference or disturbance at the Customer's expense. ## Abandonment of Service Connection - 11 Whenever a Customer no longer requires a Service Connection, or wishes to abandon a Service Connection, the Customer shall first obtain approval from the Town for the method and location of abandonment and the Customer shall assume responsibility for all costs associated with the same. ## Ownership of Facilities - 1) The Town retains ownership of all Facilities necessary to provide Utility Services to a Customer, up to and including the Service Connection Point, unless a written agreement between the Town and a Customer specifically provides otherwise. - 2) Payment made by a Customer for costs incurred by the Town for supplying and installing Facilities does not entitle the Customer to ownership of any such Facilities, unless a written agreement between the Town and the Customer specifically provides otherwise. ## Access to Facilities - 1) No Person shall obstruct or impede the Town's free and direct access to any Facilities. - 2) A Customer shall be responsible for managing vegetation on the Property owned or controlled by the Customer to maintain adequate clearances and reduce the risk of contact with the Town's above-ground Facilities. - 3) A Customer shall not install or allow to be installed on Property owned or controlled by the Customer any temporary or permanent structures that could interfere with the proper and sate operation of the Town's Facilities or result in non-compliance with applicable statutes, regulations, standards or codes. - 4) Where a Customer contravenes any provision of this Section and fails to remedy such contravention within 10 days after receiving from the Town a notice in writing to do so, then in addition to any other legal remedy available the Town may take any steps necessary to remedy the contravention and may charge any costs of doing so to the Customer's Account. ## Interference with or Damage to Facilities - 1) No Person shall interfere with or alter any Meter, seals or other Facilities or permit the same to be done by any Person other than an authorized agent of the Town. - 2) A Customer is responsible to pay for the cost of repairing, replacing or otherwise remedying any damage to or loss of Facilities located on the Customer's Property unless occasioned by circumstances as determined in the Chief Administrative Officer's sole discretion to have been beyond the Customer's control. ## Protection of Facilities on Customer's Property - 15 The Customer shall furnish and maintain, at no cost to the Town, the necessary space and protective barriers to safeguard Facilities installed or to be installed upon the Customer's Property. If the Customer refuses, the Town may, at their option, furnish and maintain, and charge the Customer for furnishing and maintaining, the necessary protection. Such space and protective barriers shall be in conformity with applicable laws and regulations and subject to the Town's specifications and approval. ## Customer to Pay Relocation Costs - 16 The Customer shall pay all costs of relocating the Town's Facilities at the Customer's request, if such relocation is for the Customer's convenience, or if necessary to remedy any violation of law or regulation caused by the Customer. If requested by the Town, the Customer shall pay the estimated cost of the relocation in advance. ## Prohibited Extension of Customer Owned Facilities - 17 A Customer shall not extend or permit the extension of a Private Water Line, Private Drainage Line or any other Customer-owned piping, equipment or other assets that are connected directly or indirectly to the Water System or Sewer System, beyond the Property in respect of which they are used to supply Utility Services through a Service Connection. ## PART IV - UTILITY ACCOUNTS ## Requirement for Account - 1) The Owner of a Property shall apply for an Account with the Town and pay all applicable services requires insta tatan of a new service merlins or entire ion of anyone of Facilities. - 2) Upon the change of ownership of a Property supplied with Utility Services, the new Owner shall apply for an Account with the Town, failing which the Town may deem an application to have been received from the new Owner of the Property and open an Account in the new Owner's name. ## Security Deposits 19 - 1) The Chief Administrative Officer may, in his or her sole discretion, at the time of a Customer's application for Utility Services or at any time thereafter require the Customer to post a security deposit or increase an existing security deposit. - 2) The Chief Administrative Officer may, in his or her sole discretion, determine that a Customer is not required to post a security deposit or is no longer required to maintain an existing security deposit. - 3) A deposit made by a Customer shall be returned to the Customer when a Customer's Utility Services are terminated and the Customer's Account is closed. Where a Customer's Utility Services are terminated and the Customer's Account is closed for non-payment, prior to any refund, the security deposit will be applied to the balance owing by the Customer to the Town. - 4) The Town is not obliged to pay interest on any security deposit held by the Town to a Customer. ## Obligation to Pay 20 - 1) The Chief Administrative Officer may add to a Customer's Account the charges for all Utility Services provided by the Town to the Customer, and the Customer is obligated to pay in full all such charges without reduction or set-off for any reason whatsoever, on or before the due date for the charges. - 2) No reduction in charges for Utility Services will be made for water supplied to or made available for use by any Customer because of any interruption due to any cause whatsoever of the water supply. - 3) The amount of the billing shall be based upon the rates, fees and charges set out in the Schedule "D" , with water consumption being determined by the applicable Meter reading obtained on a monthly basis, or such other frequency in the discretion of the Town. Where a Meter reading is not obtainable, at the discretion of the Town, a systemgenerated estimate may be used. - 4) Payment on Accounts may be made to the Town at such locations designated, and under any payment methods approved, by the Chief Administrative Officer from time to time. ## Past Due Accounts 21 - 1) A late payment charge shall be applied to all charges on a Customer's Account if the Customer's payment has not been received by the Town by the due date. The Customer may also be charged a dishonoured cheque charge for each cheque returned for insufficient funds. - 2) Any charge on a Customer's Account remaining unpaid after the due date will be in arrears and constitute a debt owing to the Town and is recoverable, by the Town, by any or all of the following methods, namely: 3. (a) by action, in any Court of competent jurisdiction; 4. (b) by disconnecting the Service Connection to the Customer, and imposing a reconnection fee prior to re-establishing Utility Services; 5. by adding the outstanding Account balance to the tax roll of an Owner of a Property in accordance with the Municipal Government Act. - 3) Notwithstanding Subsection 21.1 and 21.2, Council may waive or cancel any penalties and/or any other actions due to significant and unforeseen circumstances. ## Temporary Shut-off at Customer Request 22 - 1) Upon the request of the Customer and subject to payment of any applicable charge, the Town may temporarily shut-off the water supply to a Property at the Curb Stop for the Customer's convenience. - 2) A temporary shut-off of the water supply to the Property does not relieve the Customer from their obligation to pay any applicable fees or charges associated with having a Service Connection and being physically connected to the Water System, regardless of consumption. - 3) Upon the request of the Customer to restore services to the Property the Customer must pay any applicable charge. ## Disconnection without Notice - 23 If the Town believes there is any actual or threatened danger to life or Property, or in any other circumstances the nature of which, in the Town's sole judgment, requires such action, the Town has the right to withhold connection or to disconnect a Service Connection without prior notice to the Customer. ## Disconnection with Notice - 24 The Town may withhold connection or may disconnect a Customer's Service Connection (without prejudice to any of the Town's other remedies) after providing 48 hours advance notice to the Customer, as applicable, in the following circumstances: - 1) if the Customer neglects or refuses to pay when due any amounts required to be paid under the Water and Sewer Bylaw, which amount is not the subject of a good faith dispute; - 2) as required by law; - 3) if the Customer is in violation of any provision of the Water and Sewer Bylaw, or any agreement between the Town and the Customer for the provision of Utility Services; or - 4) any other similar circumstances to those described above that the Town determines, in their sole discretion, acting reasonably, require the withholding or disconnecting of service upon 48 hours' notice. ## Reconnection of Service - 25 Before the Town reconnects or restores Utility Services, the Customer shall pay: - 1) any amount owing to the Town for the provision of Utility Services; - 2) the applicable reconnection charges; and - 3) any applicable security deposit. ## The Town's Right of Entry 26 - 1) As a condition of receipt of Utility Services and as operational needs dictate, authorized representatives of the Town shall have the right to enter a Customer's Property at all reasonable times, or at any time during an Emergency, for the purpose of: 2. (a) installing, inspecting, maintaining, replacing, testing, monitoring, reading or removing the Town's Facilities; 3. (b) investigating or responding to a Customer complaint or inquiry; 4. (c) conducting an unannounced inspection where the Town has reasonable grounds to believe that unauthorized use of water or interference with Facilities, including but not limited to a Meter, has occurred or is occurring; and - (d) for any other purpose incidental to the provision of Utility Services. - 2) The Town will make reasonable efforts to notify the Customer in advance of entering a customer's property or to notify any other Person who is at the Customer's property 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 other authority having jurisdiction; - (c) where otherwise legally empowered to enter; - (d) where the purpose of the entry is in accordance with subsection (1) (c) above. - 3) The Customer shall pay a no access fee sufficient to cover the Town's reasonable outof-pocket and administrative costs, if the Town's lawful entry to a Customer's Property is prevented or hindered, whether by a Customer not keeping a scheduled appointment or for any other cause. ## Removal of Town Facilities - 27 Where any Customer discontinues Utility Services furnished by the Town, or the Town lawfully refuses to continue any longer to supply it, any authorized representative of the Town may at all reasonable times enter the Customer's Property to remove any Facilities in or upon such Property. ## False Information - 28 No Person shall supply false information or make inaccurate or untrue statements in a document or information required to be supplied to the Town pursuant to the Water and Sewer Bylaw. ## SCHEDULE "B" ## TERMS AND CONDITIONS OF WATER SERVICES ## Water Demand Management Measures - 1) The Town may, at such times and for such lengths of time as is considered necessary or advisable, implement Water Demand Management Measures to restrict water usage to any or all parts of the Town. - 2) All water restrictions shall be duly advertised by use of local media, printed or otherwise, prior to taking effect. - 3) No Person shall contravene the terms or conditions of any Water Demand Management Measures, without first obtaining the Town's authorization. ## Alternate Water Supply 2 - 1) No Person shall, unless authorized in writing by the Town, allow water to be supplied to a Property lying along a Water Main by way of a well, spring or other source of water supply that is not connected to the Water System. - 2) The Town may allow a Person to use an alternate source of water supply subject to such terms and conditions as the Town deems necessary, including but not limited to imposing a limit on the period of time for which an alternate source of water supply may be used. - 3) No Person who has been granted permission by the Town to use an alternate water supply under this section shall allow the alternate source of water to be connected, directly or indirectly, to the Water System. ## Resale and Supply of Water - 3 No Person shall, unless authorized by the Town in writing: - 1) resell water obtained from the Water System to any other Person; - 2) supply water obtained from the Water System to any Person who intends to sell the water; or - 3) supply water from the Water System to any Property that could be supplied with water through its own Service Connection. ## Unauthorized Use of Water 4 - 1) No Person shall use water from the Water System, or allow water obtained from the Water System to be used: 2. (a) in an unauthorized manner; - (b) in a manner that will impede water use by other Customers; - (c) unless an Account has been opened by the Customer; - (d) unless the water has first passed through a Meter. - 2) If the Town finds an unauthorized use of water including without restriction as a result of may be appropriate to ensure only the authorized use of the Facilities, and also to ensure the safety of the general public. - 3) Upon finding an unauthorized use of water, the Town may disconnect the Service Connection immediately, without notice and shall charge the Person all costs incurred in correcting the condition, in addition to any other rights and remedies that may be available to the Town. - 4) A Person that uses water in contravention of this Section shall pay the following charges: - (a) the applicable rate for the water used and, where necessary, based on an estimate by the Town of the amount of water used in contravention of this Section; - (b) all costs incurred by the Town in dealing with the contravention; and - (c) any other applicable fees or charges provided for in the Water and Sewer Bylaw. ## Authorizations and Approvals for Private Water Line 5 - 1) The Customer shall be responsible for obtaining all permits, certificates, licenses, inspections, reports, and other authorizations necessary for the installation and operation of the Private Water Line. - 2) The Town shall not be required to commence Water Services to a Property unless and until the Customer has complied with the requirements of all governmental authorities, permits, certificates, licenses, inspections, reports and other authorizations, all right-ofway agreements, and all of the Town's requirements applicable to the installation and operation of the Private Water Line. The Town reserves the right, but is not obligated, to verify that all necessary authorizations have been obtained by the Customer. ## Temporary Water Services - 6 The Town may provide temporary Water Services wherever practicable to a Customer for purposes of facilitating construction of a new development. The Customer will pay a rate, charge or fee for such Water Services as specified by the Chief Administrative Officer. A Customer who is receiving temporary Water Services for the construction phase of a development is required to apply for metered Water Services when: - 1) a Town final inspection is issued for the development; or - 2) the development is being used for its intended purpose; whichever event occurs first. ## PART V - WATER METERS ## Provision and Ownership of Meters 7 - 1) All water supplied by the Town through each Service Connection shall be measured by one Meter unless the Chief Administrative Officer, in his or her sole discretion, has specified otherwise. - 2) The Town shall, at the Customer's sole cost, supply and install one or more Meters for the purpose of measuring the volume of water delivered to a Customer by way of a Service Connection. Each Meter shall remain the sole property of the Town, notwithstanding the Customer has paid the Town's costs of supply, unless the Chief Administrative Officer and the Customer have expressly agreed in writing otherwise. - 3) In the case of new construction, a Customer's Property may only be occupied after the Meter is installed and an Account opened. ## Responsibilities of Customer 8 - 1) Each Customer shall ensure that a location on the Customer's Property for Meter installation is provided, and that access to the Meter is provided for the purpose of reading or servicing the Meter, in accordance with all applicable Water Service Guidelines. - 2) Each Customer shall provide adequate protection for the Meter supplied by the Town against freezing, heat or any internal or external damage. - 3) When a Meter is damaged due to frost, heat or any other condition or means against which the Customer neglected to provide adequate protection, the cost of removal and repair or replacement of the Meter shall be borne by the Customer. ## General Meter Restrictions 9 - 1) No Person, other than an authorized agent of the Town, shall install, test, remove, repair, replace, or disconnect a Meter. - 2) No Person shall break, tamper, or interfere with any Meter. - 3) If a Meter is lost, damaged or destroyed, the Customer shall pay for the entire cost of the Meter removal, repair and reinstallation or for the cost of replacing the Meter. - 4) No Person shall obstruct or impede direct and convenient access to Meters for the purpose of inspection, removal, repair, replacement or reading. ## Subsidiary Meters 10 - 1) A Customer may, for his or her own benefit, and at his or her own cost, install a Subsidiary Meter between the Meter supplied by the Town and the point of use of the water supplied, provided that the Town shall under no circumstances be required to maintain or read a Subsidiary Meter installed under this Section. - 2) All Subsidiary Meters shall remain the property of the Owner. - 3) Where, in the opinion of the Town, a Subsidiary Meter has been installed in a manner so as to interfere with the operation of or access to the Town's Meter, the Town may direct, in writing, that the Customer relocate or remove the Subsidiary Meter within a time frame selected by the Town. ## Access to Meters 11 - 1) The Town may, at any reasonable time, read, inspect, remove or test a Meter installed on Property owned or controlled by the Customer. - 2) If a Person refuses to allow or interferes with the Town's access to a Meter then, in addition to any other legal remedy available, the Town may proceed to disconnect the Service Connection without any further notice until such time as access to the Meter is granted. ## Meter Testing - 1) At the request of a Customer, the Town shall arrange for on-site Meter verification and if necessary, shall arrange for a Meter to be tested by a person qualified to perform such work. If, upon verification or testing or both, the Meter is found to be recording accurately, which for this purpose is defined as recording between 97% and 103% of actual consumption, then the Customer shall pay all applicable fees and charges for this - 2) If the Meter is found to be recording inaccurately as defined above, the Town will: 3. (a) repair or replace the Meter and the cost, along with the costs of verification and testing, shall be borne by the Town; and 4. the Account based on the readings of that Meter during the period of 4 months immediately preceding the date of the test or calibration shall be corrected to reflect the error in the Meter and the Customer 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 Town and the Customer in full settlement of any claim that may arise out of the error in the Meter. - 3) The Town may at any time inspect or test any Meter, on their own initiative, regardless of whether the Customer has requested inspection or testing. In such case no fees or charges are payable by the Customer. ## Circumvention of Meter - 1) If under any circumstances, a Person other than an authorized agent of the Town prevents a Meter from accurately recording the total volume of water supplied, the Town may disconnect the Service Connection or take other appropriate actions to ensure access to accurate Meter data or both. - 2) The Town may then estimate the demand and amount of water supplied but not recorded by the Meter at the Service Connection. The Customer shall pay the cost of the estimated water consumption plus all costs related to the investigation and resolution of the matter. ## PART VI - FIRE HYDRANTS AND OTHER FACILITIES ## Use of Water from Fire Hydrants - 1) Unless authorized by the Town, no Person shall operate or interfere with a fire hydrant, whether owned by the Town or privately owned, except as necessary for firefighting, and emergency purposes. ## Fire Hydrant Flow Tests - 1) No Person shall conduct fire hydrant flow tests without first obtaining the authorization of the Town. - 2) Fire hydrant flow tests shall be conducted at the Customer's sole expense, including all costs associated with having a Town representative attend to witness the test. ## Private Fire Hydrants - 1) A Customer who wishes to install a private fire hydrant on the Customer's Property may, upon obtaining approval for the installation from the Town, do so at the Customer's sole expense. - 2) A Customer shall ensure that every private fire hydrant located on the Customer's Property maintains an adequate volume, pressure and flow rate of water required for firefighting purposes. - 3) The Town may, at any reasonable time, inspect and test a private fire hydrant for compliance with the Water and Sewer Bylaw. ## Interference with Fire Hydrants 17 - 1) No Person shall do anything to obstruct access to, or interfere with the operation of, a fire hydrant. - 2) Each Customer who owns Property on which a fire hydrant is located or Property that is adjacent to Property on which a fire hydrant is located shall maintain a clearance of at least 1 meter around a fire hydrant and shall not permit anything to be constructed, erected, placed or planted within that minimum clearance. ## Operation of Curb Stops - 18 No Person, other than an authorized representative of the Town, shall operate a Curb Stop on any Property. ## Cross Connections - 1) No Customer shall install or allow to exist any connection or Cross Connection that could cause or allow drinking water in any part of the Water System to become contaminated or polluted in any way. - 2) Where the Town determines that there exists a connection or Cross Connection prohibited by this Section, the Town shall give notice to the Customer to correct the connection or Cross Connection at the expense of the Customer within the time specified in the notice and may, in addition to any other legal remedy, disconnect the Service Connection immediately for such time as the prohibited connection or Cross Connection continues. ## SCHEDULE "C" ## TERMS AND CONDITIONS OF SEWER SERVICES ## Unauthorized Use of Sewer System - 1) No Person shall use the Sewer System, or allow the Sewer System to be used: 2. (a) in an unauthorized manner; 3. (b) in a manner that will impede the Sewer System's use by other Customers; 4. (c) unless an Account has been opened by the Customer. - 2) If the Town finds an unauthorized use of the Sewer System including without restriction any tampering with any of the Facilities, the Town may make such changes in its Facilities or take such other corrective action as may be appropriate to ensure only the authorized use of the Facilities, and also to ensure the safety of the general public. - 3) Upon finding an unauthorized use of the Sewer System, the Town may disconnect the Service Connection immediately, without notice and shall charge the Person all costs incurred in correcting the condition, in addition to any other rights and remedies that may be available to the Town. - 4) A Person that uses the Sewer System in contravention of this Section shall pay the following charges: 8. (a) the applicable rate for the Sewer Services used based on an estimate by the Town of the value the contravention of this Section; 9. (b) all costs incurred by the Town in dealing with the contravention; and 10. (c) any other applicable fees or charges provided for in the Water and Sewer Bylaw. ## Alternate Sewer Supply - 2 No Person shall, unless authorized in writing by the Town, construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the collection or disposal of Wastewater on Property located along a Sewer Main. ## Authorizations and Approvals for Private Drainage Line - 1) The Customer shall be responsible for obtaining all permits, certificates, licenses, inspections, reports, and other authorizations necessary for the installation and operation of the Private Drainage Line. - 2) The Town shall not be required to commence Sewer Services to a Property unless and until the Customer has complied with the requirements of all governmental authorities, permits, certificates, licenses, inspections, reports and other authorizations, all right-ofway agreements, and all of the Town's requirements applicable to the installation and operation of the Private Drainage Line. The Town reserves the right, but is not obligated, to verify that all necessary authorizations have been obtained by the Customer. ## Discharge into Sewer System 4 - 1) Except as agreed to in writing by the Town, no Person shall discharge or permit to be discharged into the Sewer System any matter other than domestic Wastewater resulting from normal human living processes. - 2) For greater certainty, and without in any way restricting subsection (1), no Person shall discharge or permit to be discharged into the Sewer System: 3. (a) any matter containing Hazardous Waste; 4. (b) any flammable liquid or explosive matter which, by itself or in combination with any other substance, is capable of causing or contributing to an explosion or supporting combustion; 5. (c) any matter which, by itself or in combination with any other substance, is capable of obstructing the flow of or interfering with the operation or performance of the Sewer System; 6. (d) any matter with corrosive properties which, by itself or in combination with any other substance, may cause damage to the Sewer System; 7. (e) any condensing water, heated water or other liquids of a temperature higher than one hundred and seventy (170) degrees Fahrenheit; 8. (f) the contents of any privy vault, manure pit or cesspool, chemical toilet, portable toilet or other Wastewater holding structure, other than hauled Wastewater that is discharged in accordance with Section 9 below; or 9. (g) the contents of a sump pump or surface drainage. ## Commercial or Industrial Wastes 5 - 1) No Wastewater or other matter resulting from any commercial, trade, industrial or manufacturing process shall be discharged or permitted to be discharged into the Sewer System unless prior approval has been granted by the Town and only then after any required pretreatment of the Wastewater or other matter as prescribed by the Town. - 2) All necessary pretreatment equipment or works shall be installed by the Customer, at the Customer's sole expense, prior to the construction of the Service Connection and thereafter shall be continuously maintained and operated by the Customer. ## No Dilution - 6 No Person shall dilute or permit to be diluted any Wastewater in order to enable its discharge in compliance with these Terms and Conditions. ## Oil, Grease and Sand Interceptors 7 - 1) The Customer of any Property on which there is commercial or institutional food preparation shall provide a grease and oil interceptor on all fixtures that may release oil and grease. - 2) The Customer of any industrial, commercial or institutional Property where vehicles or equipment are serviced, repaired, disassembled or washed shall provide a grease, oil and sand interceptor on all fixtures that may release grease, oil or sand. - 3) The Town may require a Customer of any Property to install an interceptor if the Town, in their sole discretion, determines that an interceptor is required. - 4) All interceptors shall be: 5. (a) of sufficient capacity and appropriate design to perform the service for which the interceptors are used; 6. (b) located to be readily accessible for cleaning and inspection; and 7. (c) maintained by the Owner. ## Protection of Sewer System 8 - 1) No Person shall remove, damage, destroy, alter or tamper with any Facilities forming part of the Sewer System, except as authorized by the Town. - 2) No person shall interfere with the free discharge of any Sewer Main or part thereof, or do any act or thing that may impede or obstruct the flow to, or clog up, the Sewer System. - 3) In case of a blockage, either wholly in in part, of the Sewer System by reason of negligence or the failure or omission to strictly comply with the provisions of the Water and Sewer Bylaw, the Customer concerned or Person responsible shall be liable for all clogs and the cleaning of such blockages and for any other amount for which the Town may be held liable for due to such blockages. - 4) The "MGA" Part 13, Division 1 Liability of Municipalities, Sections 527.2 to 534 may rule in the absence of liability direction. (MGA Revised statues of Alberta 2000, Chapter M26) ## Hauled Wastewater - 9 No Person shall discharge or permit the discharge of hauled Wastewater except at a hauled Wastewater discharge location approved by the Town and only then in accordance with any terms and conditions imposed by the Town, including payment of applicable fees and charges. ## Spills 10 - 1) Any Person who discharges or permits the discharge of any Wastewater or other matter contrary to The Water and Sewer Bylaw shall, immediately after becoming aware of the discharge, notify: 2. (a) the Town and provide the following information: - i. name of the Person causing or permitting the discharge; - ii. location of the release; - ill. name and contact information of the Person reporting the discharge; - iv. date and time of the discharge; - v. type of material discharged and any known associated hazards; - vil. corrective action being taken, or anticipated to be taken, to control the discharge. - vi. volume of the material discharged; and 10. (b) the Owner of the Property, where the Person reporting the discharge is not the Owner and knows, or is readily able to ascertain the identity of the Owner; and 11. (c) any other Person whom the Person reporting knows or ought to know may be directly affected by the discharge. - 2) The Person who discharged or permitted the discharge pursuant to subsection (1) shall, as soon as the Person becomes aware or ought to have become aware of the discharge, take all reasonable measures to: 13. (a) confine, remedy and repair the effects of the discharge; and 14. (b) remove or otherwise dispose of the matter in a lawful manner so as to minimize all adverse effects. ## SCHEDULE "D" ## RATES, FEES AND CHARGES ## Service Size "Within Corporate limits Water-Monthly Distribution Fee" Up to and including 1" inch service 1 ½" inch service 2" inch service 4" inch service (Multiple services may apply) $55.00 $92.00 $152.00 $302.00 ## Metered Water Service within Corporate Limits Cost per cubic meter of water $.72 from Om? to 300m' and $1.35 per m' over 300m3 ## Service Size "Outside Corporate limits Water-Monthly Distribution Fee" Up to and including 1" inch service $62.00 1 1/2" inch service $105.25 2" inch service 6172.75 ## Services for unmetered developed properties Shall pay 100% of sewer flat charge (residential) or base charge (commercial) Shall pay 100% of water distribution charge. ## Other Fees Utility Service Security Deposit Reconnect/Shutoff Fee $75.00 $25.00 per occurrence Short notice connection/shutoff $50.00 additional After Hours call out Refer to Current Rate Bylaw Bench Check "in-house" (Meter accuracy) $50.00 Bench Check "send out" Cost + 20% ## Residential 4" inch Sewer Service within Corporate Limits $15.00 per month per Dwelling ## Residential 4" inch Sewer Service outside Corporate Limits $18.00 per month per Dwelling Commercial (includes Schools, Food Services, Commercial Services, Industrial, Car Washes, Laundromats, apartment buildings and Institutional) ## Commercial Sewer Base Charge is based on Meter size Up to and including 1" inch service 1 ½ "inch service 2" inch service $27.00 $38.00 $56.00 Plus, within Corporate Limits 45% of water levy ## Fire Service Where a Larger service is installed solely for the purpose of Fire Protection; the service shall be determined by the metered service used by that location or account. ## Multiple Services Where a service location or has more than one service; that location shall be charged the aggregated total of all operational services (water and or sewer). ## SCHEDULE "E" ## SPECIFIED PENALTIES | Section | Offence | Specified Penalty | |--------------------------|--------------------------------------------------------------------------------|---------------------| | s. 17 | Obstruct an authorized representatives | $500 | | Schedule "A", s. 8(2)(b) | Backfill before Service Connection inspection | $250 | | Schedule "A", s. 10(2) | Interfere with another Customer's Service Connection/Utility Services | $200 | | Schedule "A", s. 13(1) | Obstruct access to Facilities | $500 | | Schedule "A", s. 13(3) | Install structure that interferes with proper and safe operation of Facilities | $200 | | Schedule "A", s. 14(1) | Interfere with or alter Facilities | $500 | | Schedule "A", s. 17 | Extend Customer-owned infrastructure beyond Property | $750 | | Schedule "A", s. 28 | Supply false or inaccurate information | $200 | | Schedule "B", s. 1(3) | Fail to comply with Water Demand Management Measures | $500 | | Schedule "B", s. 2(1) | Obtain water from source not connected to the Water System | $500 | | Schedule "B", s. 2(3) | Connect an alternate water source to the Water System | $500 | | Schedule "B", s. 3(1) | Unauthorized resale of water | $500 | | Schedule "B", s. 3(2) | Supply water to Person intending to resell water | $500 | | Schedule "B", s. 3(3) | Supply water to Property capable of own Service Connection | $500 | ## Bylaw No. 1014-26 Water and Sewer Bylaw | Schedule "B", , s. 4(1)(a) | Use water in unauthorized manner | $500 | |------------------------------|--------------------------------------------------------------------------------------------|--------| | Schedule "B", s. 4(1)(b) | Impede water use of other Customers | $200 | | Schedule "B" , S. 4(1)(c) | Use water without an Account | $500 | | Schedule "B", s. 4(1)(d) | Installation and Use of a Bypass system prior to water passing through a Meter | $500 | | Schedule "B", s. 9(1) | Unauthorized installation, testing, removal, repair, replacement or disconnection of Meter | $500 | | Schedule "B", s. 9(2) | Break, tamper or interfere with Meter | $500 | | Schedule "B", s. 9(4) | Obstruct access to Meter | $250 | | Schedule "B"s. 14(1) | Unauthorized operation of a fire hydrant | $750 | | Schedule "B", s. 15(1) | Unauthorized fire hydrant flow test | $750 | | Schedule "B", s. 17(1) | Obstruct access to or operation of a fire hydrant | $300 | | Schedule "B", s. 17(2) | Fail to maintain one metre clearance around fire hydrant | $300 | | Schedule "B", s. 18 | Unauthorized operation of Curb Stop | $500 | | Schedule "B" s. 19(1) | Connection/Cross Connection that could contaminate water | $750 | | Schedule "C", s. 1(1)(a) | Use Sewer System in unauthorized manner | $500 | | Schedule "C", s. 1(1)(b) | Impede Sewer Use of other Customers | $200 | | Schedule "C", s. 1(1)(c) | Use Sewer Service without an account | $500 | | Schedule "C". S. 4(1) | Discharge matter other than household waste | $500 | | Schedule "C" ", s. 5(1) | Discharging industrial wastewater without approval | $500 | ## Bylaw No. 1014-26 Water and Sewer Bylaw | | or proper pretreatment | | |-------------------------|---------------------------------------------------------------------|-------------------------------------------| | Schedule "C" , S. 6 | Diluting Wastewater to allow for discharge into Sewer | $500 | | Schedule "C" ", S. 8(1) | Tampering with Sewer System without authorization | $500 | | Schedule "C" , S.8(2) | Interfering with the free discharge of Sewer Main | $500 | | Schedule "C" , s. 9 | Discharge of hauled wastewater at location not approved by the Town | $500 | | Any subsequent offence | | Double the specified penalty listed above |