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Bylaw 2024-013
Page 1 of 63
VULCAN COUNTY
BYLAW 2024-013
Being a bylaw of Vulcan County in the Province of Alberta regulating and providing
for the terms, conditions, rates and charges for the supply and use of Water and
Wastewater Utilities provided by the County.
WHEREAS the Municipal Government Act R.S.A. 2000, c. M-26 authorizes Vulcan
County Council to pass bylaws for municipal purposes respecting public utilities,
services, facilities, and other things that are necessary or desirable for the County;
AND WHEREAS the Municipal Government Act authorizes Vulcan County Council to
establish the terms for the provision of public Utility Services;
AND WHEREAS Vulcan County Council has determined that provision of Water and
Wastewater public utilities by Vulcan County is desirable;
NOW THEREFORE the Council of Vulcan County, in the Province of Alberta, duly
assembled enacts as follows:
1. TITLE
This Bylaw shall be known as the "Water and Wastewater Utilities Bylaw."
2. DEFINITIONS
In this Bylaw unless the context specifically indicates otherwise:
ADVERSE EFFECT means the impairment of or damage to the environment, human
health and safety, or property.
APPLICANT means a property Owner or the authorized agent of a property Owner who
applies to the County for the supply of Utility Services.
APPLICATION means the application made by an Owner for the supply of Utility
Services.
APPLICATION CHARGE means the Charge required to be paid by a Consumer
pursuant to the Fees for Services Bylaw before the County supplies Utility Services
to such Consumer.
AREAWAY DRAIN means a drain installed to collect surface or rainwater from an open
area outside a building.
AUTOSAMPLER means a mechanical device that collects samples of Wastewater
periodically from a Wastewater source in order to obtain a Composite Sample.
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BIOLOGICAL WASTE means waste from a hospital, medical clinic, health care facility,
dental clinic, dental laboratory, mortuary, necropsy facility, biological research
laboratory or other similar facilities which contains or may contain:
a) pathogenic agents that cannot be effectively mitigated by Wastewater
treatment; or
b) experimental biological matter that may be hazardous to human health or
detrimental to the environment.
B.O.D. (denoting STANDARD BIOCHEMICAL OXYGEN DEMAND) means the quantity
of oxygen utilized in the biochemical oxidation of the organic matter in Wastewater
under standard laboratory procedure over a period of five (5) days at a constant
temperature of 20°C, expressed in milligrams per litre.
BTEX means the total of benzene, toluene, ethyl benzene, and xylenes.
BUILDING PROJECT means the construction, demolition, or alteration of any structure
anywhere in the County but does not include landscaping or the construction,
alteration or demolition of garages, garden sheds and similar structures which are
accessory structures to Residential Premises.
BULK WATER means treated Water sold or supplied by the County in distinct
quantities for sale, delivery, and/or use, typically by or through hauling by truck, off-
site from the point of sale and delivery from the County excluding sales or other
supplies for fire suppression purposes.
BULK WATER FACILITY means the land, buildings, equipment, and other facilities
used by the County for the sale and supply of Bulk Water.
CATCHBASIN means a drain installed to collect surface or rainwater from a roadway or
other public land.
CHARGE or CHARGES means any amount assessed to a Consumer as a condition to
provision of Utility Services, other than a Rate, and including those Charges listed
in the Fees for Service Bylaw
CHIEF ADMINISTRATIVE OFFICER (CAO) means the individual appointed to the
position of Chief Administrative Officer by Council in accordance with the
Municipal Government Act and includes their designate.
CLEANOUT means a pipe fitting that has a removable cap or plug and is so
constructed that it will permit cleaning of a Service Connection connected to a
Sanitary Sewer.
C.O.D. (denoting CHEMICAL OXYGEN DEMAND) means a measure of the oxygen
equivalent of the organic matter content of a sample that is susceptible to oxidation
by a strong chemical oxidant.
COMBINED SERVICE means the Service Connection used or intended to be used to
supply Water for fire protection as well as Water for purposes other than fire
protection.
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COMMERCIAL PREMISES means all Premises in the County which are not Building
Projects or Dwelling Units including but not limited to Institutional Premises and
Industrial Premises.
COMMERCIAL/INDUSTRIAL WASTEWATER means Wastewater that is the
composite of liquid and water-carried wastes from Commercial Premises, Industrial
Premises, or other non-residential Premises.
COMMUNICATION WIRE means the wire which connects a Water Meter to a Remote
Reading Device.
COMPOSITE SAMPLE means a sample composed of a number of Grab Samples
which have been collected over a specified period of time, usually 24 hours or the
operating hours of the particular Premises and combined in proportion to the
volume of Wastewater discharge such Grab Samples represent.
CONSUMER means any Person who has entered into, or deemed to have entered into,
a contract with the County for the provision of Utility Services, or who is the Owner
or Occupant of any property connected to or provided with a Utilities Main
Connection.
CONTROL MANHOLE means a manhole situated over a Service Connection
connected to a Sanitary Sewer, for the purpose of observation, sampling, and
measurement of Wastewater.
COUNCIL means the duly elected Council of the County.
COUNTY means the municipality of Vulcan County in the Province of Alberta, or where
the context so requires, it's municipal boundaries.
DEPOSIT means and includes, as the context may require, a deposit or additional
deposit paid pursuant to the Fees for Service Bylaw.
DOMESTIC WASTEWATER means the Wastewater that is the composite of liquid and
water- carried wastes associated with the use of Water for drinking, cooking,
cleaning, washing, hygiene, sanitation, or other domestic purposes, which is
released into a Sanitary Sewer, and Domestic Wastewater does not include
Wastewater from Industrial Premises or Commercial Premises.
DWELLING UNIT means a structure built for the purpose of being a self-contained
living premises, designed to be occupied by an individual or family or other
household group, in which facilities are included for cooking, sanitation, and
sleeping. Such units include, but are not limited to, single-unit dwellings, modular
dwellings, duplexes, apartments, manufactured dwellings and moved-in buildings
for residential use.
EMERGENCY means a situation where there is imminent danger or risk to public safety
or of serious harm to property or the County's facilities or infrastructure and
includes a Water supply shortage or direction from Alberta Environment and Parks.
FATS, OIL AND GREASE (FOG) means solvent extractable matter of animal,
vegetable or mineral origin as set forth in the Standard Methods.
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FEES FOR SERVICE BYLAW means Vulcan County's Fees for Service Bylaw, as
amended, repealed, or replaced from time to time.
FIRE HYDRANT means fire hydrant owned or under the control and management of
the County.
FIRE LINE means a pipe that is intended solely for the purpose of providing a standby
supply of Water for fire protection purposes.
FIXTURE means a receptacle, appliance, apparatus, or other device that discharges
Wastewater or clear water waste and includes a Floor Drain and a Garage Drain.
FLAMMABLE LIQUID means a substance that is a liquid, a mixture of liquids or a liquid
containing solids in solution or suspension that has a flash point not greater than 61
°C as determined by American Society for Testing Materials (A.S.T.M.) method
D93-48 for flash point by Pensky-Martens closed cup tester.
FLOOR DRAIN means a Fixture used to receive water from the floor of a building.
FORCE MAJEURE means events arising from acts of God, strikes, lockout, or other
industrial disturbances, acts of public enemy, acts of the King's enemies, wars,
blockades, insurrections, riots, epidemics, landslides, lightning, floods,
earthquakes, explosions, fires, civil disturbance, mechanical breakdowns,
intervention of federal, provincial, state or local government or from any of their
agencies or boards, the order or direction of any court, and any other causes
whether of the kind herein enumerated or otherwise, not within the reasonable
control of the County and which by the exercise of reasonable diligence and at a
reasonable cost the County is unable to prevent or overcome.
FOUNDATION DRAIN or WEEPING TILE means any arrangement or type of pipe
placed along the perimeter of a building foundation for the collection of
groundwater.
GARAGE DRAIN means a Fixture used to receive water from the floor of a building
consisting of any garage or other enclosed structure designed, intended, utilized or
capable of being utilized for the purposes of parking or storage of vehicles.
GRAB SAMPLE means a sample collected at a particular time and place, or over a
short period of time, by taking and combining one or more samples of Water or
Wastewater flow.
GRINDER PUMP STATION means a wastewater conveyance device which grids solids
into a slurry and pumps sanitary sewage from a building to the municipal sewerage
system.
HAULED WASTEWATER means Wastewater transported by method other than
pipeline to another point for disposal.
HAZARDOUS SUBSTANCE means:
(a) any substance or mixture of substances, other than
Pesticides, which exhibit characteristics of
flammability, corrosivity, reactivity or toxicity; and
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(b) any substance that is designated as a Hazardous
Substance within the regulations of the
Environmental Protection and Enhancement Act
and the Waste Control Regulation (AR129/93) of the
Province of Alberta and any successor to this Act or
regulations.
HAZARDOUS WASTE means waste defined as Hazardous Waste under the
Environmental Protection and Enhancement Act.
HEALTH OFFICER means the Medical Officer of Health of Alberta Health Services, or
the duly authorized representative of the Health Officer.
HYDROCARBONS means solvent extractable matter as set forth in the Standard
Methods.
INDUSTRIAL PREMISES means Premises that are utilized for manufacturing,
processing, assembly, storage, servicing, repairing and/or shipping of materials,
goods and/or equipment and similar purposes.
INDUSTRIAL WASTEWATER means Wastewater that is the composite of liquid and
water- carried wastes from Industrial Premises.
INTERCEPTOR means a receptacle that is installed to prevent Fats, Oil and Grease,
sand and grit or other materials from passing into a drainage system.
LIME SLURRY AND RESIDUES means a mixture of lime and water resulting in a PH in
excess of 10, or Suspended Solids in excess of 1000 milligrams per litre.
LOT means a lot as defined in the Municipal Government Act (Alberta).
LOW PRESSURE SANITARY SEWER means a Sanitary Sewer collection system that
consists of a small diameter force main typically installed within the road right-of-
way. The system requires installation of a Grinder Pump Station at each service
location to convey wastewater to the low-pressure sewer system.
MANAGER means the person employed by the County in the position of Manager of
Engineering and Infrastructure, or the individual designated to act in their place.
MERCAPTANS (THIOLS) means the sulphur analogs of alcohol and phenols with the
general chemical formula RSH where R is the organic portion of the molecule.
METER means any device supplied, used, or authorized by the County for the purpose
of measuring the volume of Water consumed on, or the volume of Wastewater
discharged from a Premises.
NATURAL OUTLET means any outlet into a watercourse, pond, ditch, lake or other
body of surface or groundwater that is not man-made.
NO-CORRODE SERVICE CONNECTION means a Service Connection pipe made of
multiple layers of black paper.
NON-RESIDENTIAL CONSUMER means any Consumer who is not a Residential
Consumer.
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NORMAL BUSINESS HOURS means 8:30 a.m. to 4:30 p.m. Monday to Friday,
excluding statutory and civic holidays.
OCCUPANT means a Person who occupies a Premises pursuant to a lease, licence, or
other agreement with or authorization from the Owner.
OFFICER means a Bylaw Enforcement Officer, Peace Officer, and member of the
Royal Canadian Mounted Police.
OVERSTRENGTH WASTEWATER means Wastewater which has concentrations in
excess of one or more of the following:
(a) 300 mg/L of Biochemical Oxygen Demand (BOD);
(b) 300 mg/L of Total Suspended Solids (TSS);
(c) 100 mg/L of Fats, Oil and Grease (FOG);
(d) 10 mg/L of Total Phosphorus (TP); and
(e) 50 mg/L of Total Kjeldahl Nitrogen (TKN).
OWNER means the Person registered as the owner of a Premises pursuant to the
provisions of the Land Titles Act (Alberta) and shall include a Person who is
purchasing a Premises under an Agreement for Sale.
PERSON means any individual, partnership, firm, corporation, municipality, association,
society, political or other group, and the heirs, executors, administrators, or other
legal representatives of a Person to whom the context can apply according to law.
PESTICIDE means any chemical having the nature of a herbicide, insecticide, or
fungicide.
PH means the logarithm of the reciprocal of the concentration of hydrogen ions in moles
per litre of solution and denotes the relative alkalinity or acidity.
PHOSPHATES means a chemical salt classified as orthophosphates, condensed
phosphates, and organically bound phosphates.
POLLUTED WASTES AND POLLUTED WATER means materials or water that are
contaminated with Prohibited Wastes or with wastes in excess of that permitted in
this Bylaw.
PREMISES means any one or more of the following:
(a) land;
(b) a building or a structure;
(c) both (a) and (b);
(d) part of (a) or (b)
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PRIVATE PROPERTY means any property which is not owned or controlled by the
County.
PRIVATE WASTEWATER DISPOSAL SYSTEM means Private Property utilized for the
collection, storage, and disposal of Wastewater consisting of:
(a) septic field;
(b) holding tank; or
(c) other system approved by the Manager;
which are approved pursuant to this Bylaw, and/or installed and operational
pursuant to any existing or future subdivision or development approval or permit
respecting the property containing the building(s) serviced by the Private
Wastewater Disposal System.
PRIVATE WATER SYSTEM means a well, storage tank or reservoir together with such
related pipes, pumps and appurtenances located on Private Property utilized for
the provision of potable water by the Occupants of the property.
PROHIBITED WASTES means Prohibited Wastes as described in Schedule "E".
PROPERLY GROUND GARBAGE means the wastes from the preparation, cooking
and dispensing of food that have been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing in Sanitary
Sewers, with no particle large enough to be retained on a six (6) millimeter sieve.
RADIOACTIVE SUBSTANCE means substances defined in the Atomic Energy
Control Act and the regulations passed there under, as amended from time to
time.
RATE or RATES means any rate assessed by the County to a Consumer pursuant to
the Fees for Service Bylaw.
RAW WATER means untreated, non-potable water.
REGULATIONS means regulations promulgated pursuant to the Canadian Plumbing
Code and other applicable provincial legislation (Alberta).
REMEDIAL ORDER means an order issued pursuant to Section 545 of the Municipal
Government Act and Part 8 of this Bylaw, substantially in the form set out in
Schedule "G".
REMOTE READING DEVICE means the device attached to a Meter which enables the
County to determine Water consumption or Wastewater generation registered by a
Meter, without entering the building in which the Meter is installed.
RESTRICTED WASTES means Restricted Wastes as defined in Schedule "F".
ROADWAY means land which is shown as a road on a plan of survey that has been
filed or registered with the land titles office, and, for the purposes of this Bylaw,
includes a Road, Street, or Highway.
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SANITARY SEWER means a Sewer owned by the County and used for the collection
and disposal of Wastewater and to which storm, surface and groundwater are not
intentionally admitted.
SEAL means a sealed wire loop that passes through one end connection and the body
of a Meter to prevent tampering.
SERVICE AREA means the geographical area within which the County provides, is
designated to provide, or is entitled to provide Utility Services as indicated in
Schedule "A".
SERVICE BOX means the operating rod, casing, and extension used for the operation
of a Service Valve from ground level.
SERVICE CONNECTION means that portion of pipes constructed or maintained by an
Owner and used or intended to be used for the supply of Water or the collection of
Wastewater, as the context may require, in the case of a Water Utility Service
extending from the property line to the Meter, and in the case of a Sewer Utility
Service extending from the property line to the main Cleanout.
SERVICE KILL means the physical disconnection of a Water Service Connection from
a Water Main.
SERVICE VALVE means the valve on a Utilities Main Connection.
SEWER means pipes designed and installed for the collection and conveyance of
Wastewater.
SHUT-OFF means an interruption in or discontinuation of the supply of Utility Service.
SLUG means any discharge of Water, Wastewater, or Industrial Wastewater which in
concentrations of any given constituent or in quantity of flow exceeds for any period
of duration longer than fifteen (15) minutes more than five (5) times average
twenty-four (24) hour concentration or flows during normal operation.
SPECIFIED PENALTY means a specified penalty as defined in the Provincial
Offences Procedures Act (Alberta).
SPRINKLERING means the distribution of Water to the surface or sub-surface of lawns,
gardens, or other areas situated outside buildings by pipes, hoses, sprinklers, or
any other method, and shall include all uses of Water other than human and
commercial consumption and firefighting.
STANDARD METHODS means the latest edition of "Standard Methods for the
Examination of Water and Wastewater," as published by the American Public
Health Association.
STORM DRAIN means that part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, incidental waste, Foundation Drain,
Weeping Tile, Areaway Drain, Catchbasin, and other drainage pipes within a
building or property and conveys it to the point of connection with a Storm Sewer.
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STORM SEWER means surface works or sewer which carries storm, surface waters
and other drainage from any Storm Drain or other drainage source, but not
Wastewater and industrial wastes, other than unpolluted cooling water.
SUSPENDED SOLIDS means solids that either float on the surface of, or are in
suspension in, treated or untreated water, Wastewater, or other liquid, and which
are removable by laboratory filtering.
TERMS AND CONDITIONS means the manner in which the County is to provide Utility
Services as contemplated in Schedules "A" through "H" of this Bylaw.
TEST MANHOLE means a manhole or other facility used by the County for obtaining
flow measurement and Wastewater samples of any and all discharges into any
Sanitary Sewer or Storm Sewer.
TOTAL DISSOLVED SOLIDS means solids that dissolve in treated or untreated water,
Wastewater, or other liquid, and which are not removable by laboratory filtering.
TOTAL KJELDAHL NITROGEN (TKN) means organic nitrogen plus ammonia
expressed in mg/L as set forth in Standard Methods.
TOTAL SUSPENDED SOLIDS (TSS) means solid matter that can be removed by
filtration through a standard filter as set forth in the Standard Methods.
UTILITIES MAIN CONNECTION means that portion of pipes constructed by the County
and used or intended to be used for the supply of Water or collection of
Wastewater, as the context may require, in the case of a Water Utility Service
extending from the Water Main to the property line, and in the case of a Sewer
Utility Service extending from a Sanitary Sewer to the property line.
UTILITY ACCOUNT means an account created pursuant to Schedule "B".
UTILITY INVOICE means an invoice rendered to a Consumer for Rates and Charges
payable pursuant to the provision of the Utility Service governed by the Bylaw.
UTILITY SERVICE(S) means and includes, as the context may require:
(a) the supply of Water; and/or
(b) the provision of Wastewater collection and disposal.
VIOLATION TAG means a violation tag issued by the County pursuant to the
Municipal Government Act and Part 12 of this Bylaw.
VIOLATION TICKET means a violation ticket as defined in the Provincial Offences
Procedures Act (Alberta).
VOLUNTARY PAYMENT means a voluntary payment as defined in the Provincial
Offences Procedure Act (Alberta).
WASTEWATER means a combination of water-carried wastes from a Premises,
excluding ground, surface, and storm waters to the extent that such connections
and discharges into the Sanitary Sewers are prohibited.
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WASTEWATER FACILITY means a facility used by the County for the collection,
treatment and disposal of Wastewater comprised of land, buildings, equipment and
other facilities, and WASTEWATER FACILITIES means all such facilities.
WATER means treated water suitable for human consumption.
WATER FACILITY means a facility used by the County for treatment and supply of
Water comprised of land, buildings, reservoirs, equipment, and other facilities and
WATER FACILITIES means all such facilities.
WATER MAIN means those pipes installed by the County for the conveyance of Water
throughout the County to which a Utilities Main Connection and a Service
Connection may be connected.
3. TERMS AND CONDITIONS - GENERAL (SCHEDULE "B")
The general Terms and Conditions for the provision of the Utility Services are as set out
in Schedule "B."
4. TERMS AND CONDITIONS - WASTEWATER SERVICES (SCHEDULE "C")
The Terms and Conditions for the provision of Wastewater Utility Services are as set out
in Schedule "C."
5. TERMS AND CONDITIONS - WATER SUPPLY (SCHEDULE "D")
The Terms and Conditions for the provision of Water Utility Services are as set out in
Schedule "D."
6. CHARGES AND RATES
The County may impose:
6.1. Charges as set out in the Fees for Service Bylaw and
6.2. Rates for the provision of Utility Services as set out in the Fees for Service Bylaw.
7. OFFENCES
7.1. Any Person who violates or contravenes any provision of this Bylaw is guilty of
an offence.
7.2. It is the intention of Council that all offences created under this Bylaw be
interpreted to be strict liability offences.
7.3. Where a contravention of this Bylaw is of a continuing nature, a contravention
shall constitute a separate offence in respect of each day, or part of a day, on
which that offence continues.
7.4. No Person shall hinder or interrupt or cause or procure to be hindered or
interrupted, the County, or any of its respective employees, officers, contractors,
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servants, agents, workmen, or any of them, in the exercise of any of the powers
and duties related to and authorized by or contained in this Bylaw.
8. REMEDIAL ORDERS
8.1. If the CAO or their designate determines that a Person is contravening this Bylaw,
the CAO or their designate may issue a Remedial Order to that Person. The
Remedial Order may:
8.1.1.
direct the Person to stop doing something or to change the way in which
the Person is doing it;
8.1.2.
direct the Person to take any action or measures necessary to remedy
the contravention of this Bylaw;
8.1.3.
state a time within which the Person must comply with the CAO or their
designates directions and provide proof of compliance to the CAO or their
designate; and
8.1.4.
state that if the Person does not comply with the directions within a
specified time, the County may take the action or measure at the expense
of the Person.
8.2. Any Person who receives a Remedial Order may request a review of the Remedial
Order by Council in accordance with Section 547 of the Municipal Government Act
by filing a written request for review of the Remedial Order together with a fee of
$50.00 with the CAO or their designate within 14 days of receipt of the Remedial
Order. The request for review shall set out the grounds for the request.
8.3. Within thirty (30) days after receipt of the request for review, Council shall review the
Remedial Order and may confirm, vary, substitute, or cancel the Remedial Order and
shall issue a written decision, including reasons for the decision, to the Person who
requested the review.
8.4. Any Person affected by the decision of Council may appeal the decision to the Court
of King's Bench in accordance with Section 548 of the Municipal Government Act.
9. SERVICE OF NOTICES AND REMEDIAL ORDERS
9.1. In any case where the CAO or their designate is required to issue a notice or
Remedial Order to any Person pursuant to this Bylaw, the CAO or their designate
shall effect such service either:
9.1.1.
by causing a written copy of the notice or Remedial Order to be delivered
to and left in a conspicuous place at or about the Premises within which
the Utility Service was being supplied to the Owner or Consumer affected
by such notice or where the Bylaw contravention which is the subject of
the Remedial Order has occurred or is occurring;
9.1.2.
by causing a written copy of the notice or Remedial Order to be mailed or
delivered to the last known address of the Owner as disclosed in the land
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registry system established by the Land Titles Act of Alberta as shall
appear to the CAO or their designate most appropriate in the
circumstances; or
9.1.3.
by causing a written copy of the notice or Remedial Order to be mailed or
delivered to the last known address of the Consumer and/or Owner as set
out in the Utility Account for the Premises within which the Utility Service
was being supplied to the Consumer affected by such notice or where the
Bylaw contravention which is the subject of the Remedial Order has
occurred or is occurring.
10. INSPECTION
10.1.
The CAO is a designated officer for the purpose of Section 542 of the
Municipal Government Act and is authorized to enter onto and into Premises
to carry out inspections, remedies, enforcement, or other actions with
respect to this Bylaw in accordance with the Municipal Government Act.
11. PENALITIES (SCHEDULE 'H')
Penalties are as set out in Schedule "H" of this Bylaw.
12. VIOLATION TAG
12.1.
An Officer is hereby authorized and empowered to issue a Violation Tag to
any Person whom the Officer has reasonable and probable grounds to
believe has contravened any provision of this Bylaw.
12.2.
A Violation Tag may be served on such Person who is an individual,
either:
12.2.1. by delivering it personally to such Person; or
12.2.2. by leaving a copy for such Person at their last known Premises with an
individual at the Premises who appears to be at least 18 years of age; and
such service shall be adequate for the purposes of this Bylaw.
12.3.
A Violation Tag may be served on a Person which is a corporation, either:
12.3.1. by sending it by registered mail to the registered office of the corporation,
or
12.3.2. by delivering it personally to the manager, secretary or other executive
officer of the corporation or the person apparently in charge of a branch
office of the corporation at an address held out by the corporation to be
its address, and such service shall be adequate for the purposes of this
Bylaw.
12.4.
The Violation Tag shall be in a form approved by the CAO and shall state:
12.4.1. the Person's name;
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12.4.2. the offence;
12.4.3. the appropriate voluntary penalty for the offence as specified in this
Bylaw;
12.4.4. that the voluntary penalty shall be paid within (10) days of issuance of the
Violation Tag in order to avoid further prosecution; and
12.4.5. any other information as may be required by the CAO or their designate.
12.5.
Where a contravention of this Bylaw is of a continuing nature, further
Violation Tags may be issued by the Officer provided, however, that no more
than one Violation Tag shall be issued for each day that the contravention
continues.
12.6.
Where a Violation Tag has been issued in accordance with this Bylaw, the
Person to whom the Violation Tag has been issued may, in lieu of being
prosecuted for the offence, pay to the County cashier the penalty within the
time frame specified in the Violation Tag.
12.7.
The voluntary penalty for a first offence shall be 50% of the Specified Penalty
for a first offence of that particular offence. The voluntary penalty for a
second and each subsequent offence shall be 50% of the Specified Penalty
for a second and subsequent offence of that particular offence.
12.8.
Nothing in this Bylaw shall prevent an Officer from immediately issuing a
Violation Ticket.
13. VIOLATION TICKET
13.1.
An Officer is hereby authorized and empowered to issue a Violation Ticket
to any Person whom the Officer has reasonable and probable grounds to
believe a Person has contravened any provision of this Bylaw.
13.2.
A Violation Ticket may be served on such Person who is an individual, either:
13.2.1. by delivering it personally to such Person, or
13.2.2. by leaving a copy for such Person at their last known Premises with an
individual at the Premises who appears to be at least 18 years of age, and
such service shall be adequate for the purposes of this Bylaw.
13.2.3. A Violation Ticket may be served on a Person which is a corporation,
either by sending it by registered mail to the registered office of the
corporation, or by delivering it personally to the manager, secretary or
other executive officer of the corporation or the person apparently in
charge of a branch office of the corporation at an address held out by the
corporation to be its address, and such service shall be adequate for the
purposes of this Bylaw.
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14. RECOVERY OF ENFORCEMENT COSTS
14.1.
The expenses and costs of any action or measures taken by the County
under this Bylaw are an amount owing to the County by the Person in
contravention of this Bylaw.
14.2.
Where the Owner contravened this Bylaw and the contravention occurred on
the Owner's Premises, any unpaid expenses or costs may be added to the
tax roll of that Premises in accordance with the Municipal Government Act.
14.3.
The costs and expenses incurred by the County in the enforcement of this
Bylaw may be collected as a civil debt.
15. TRANSITION AND SEVERABILITY
15.1.
If any term, clause or condition of this bylaw or the application thereof is
found to be invalid or unenforceable, the remainder of this bylaw or
application of such term, clause or condition shall not be affected and
shall remain in force and effect.
15.2.
Nothing in this bylaw relieves any person from compliance with any other
bylaw or any applicable federal or provincial law, regulation, or
enactment.
15.3.
This bylaw shall come into effect upon third and final reading.
15.4.
Water Service Bylaw 2017-026 is hereby rescinded.
READ a first time on this 5th day of June, 2024.
READ a second time on this 19th day of June, 2024.
READ a third time and passed on this 19th day of June, 2024.
[original signed]
________________________________
Jason Schneider, Reeve
[original signed]
________________________________
Nels Petersen, CAO
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SCHEDULE "A"
SERVICE AREA
HAMLET OF KIRKCALDY
(as indicated in the blue outline)
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SERVICE AREA
HAMLET OF MOSSLEIGH
(as indicated in the blue outline)
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SERVICE AREA
VULCAN INDUSTRIAL PARK
(as indicated in the blue outline)
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SCHEDULE "B"
TERMS AND CONDITIONS - GENERAL
MANAGEMENT
1. The County shall, in accordance with the Terms and Conditions prescribed in this Bylaw, be
responsible for the operation and management of all County owned facilities and equipment
utilized for:
1.1. Wastewater collection, treatment, and disposal; and
1.2. the treatment, supply, or distribution of Water.
2. The Manager may establish standards, guidelines and specifications for the design,
construction and maintenance of all works required for the operation of the County's Utilities
Services.
3. The Manager shall exercise the powers and perform the duties with respect to Utilities
Services given or assigned to them by this and any other Bylaw of the County.
INSPECTIONS
4. The CAO or their designate together with any duly authorized employee of the County, or
contractor engaged by the County, bearing proper credentials and identification, may enter
upon any Premises for the purpose of inspection, observation, measurement, sampling or
testing in accordance with the provisions of Part 10 of this Bylaw and the Municipal
Government Act. If such an inspection discloses any failure, omission, or neglect
respecting any Utility Services upon the Premises, or discloses any defect in the location,
construction, design or maintenance of any facility or connection, the CAO or their designate
may, in writing, notify the Consumer, Owner, proprietor or occupier to rectify the cause of
complaint within a reasonable time as determined by the CAO or their designate. Such
Person shall, within the time specified in the notice, rectify the complaint stated in the notice.
5. Notwithstanding Section 4, the CAO or their designate may issue a Remedial Order in
accordance with Part 8 of the Bylaw at any time.
6. Whilst acting under the authority of Section 4 of this Schedule, the CAO, their designate,
employee or contractor, as the case may be, shall observe all safety rules applicable to the
Premises established by the Owner or Occupant.
7. For the purpose of determining compliance or non-compliance with the provisions of this
Bylaw, the County may test Water and/or Wastewater streams located within a Residential
or Commercial Premise, at a Test Manhole or at the discharge point where the Wastewater
enters any Sanitary Sewer.
8. A single Grab Sample or a Composite Sample may be used to determine compliance with
any provision of the Bylaw.
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9. Any duly authorized employee of the County, or contractor engaged by the County, bearing
proper credentials and identification may enter upon the easement area of any Premises
which is subject to an easement in favour of the County for the purpose of, but not limited to,
the inspection, observation, measurement, repair or maintenance of any portion of works
lying within such easement area.
ENGINEERING COSTS
10. In any case under this Bylaw in which a Person is required to pay the cost of work to be
done by the County, or a contractor engaged by the County, the cost shall include an
engineering expense consisting of all the County's direct and indirect expenses arising out
of such work including but not limited to reasonable out of pocket expenses such as travel,
meals, etc..
RATES AND CHARGES
11. Unless otherwise provided, all Rates and Charges payable to the County for or in respect of
the issuance of permits and other services provided by the County pursuant to this Bylaw
shall be levied and paid in accordance with the provisions of this Bylaw, Schedules "B" to
"D" inclusive, the Fees for Service Bylaw, and other applicable Bylaws as amended from
time to time.
NEW SERVICES
12. Each Service Connection shall be constructed and maintained by the Owner of the
Premises on which it is located in accordance with the requirements of this Bylaw and the
Regulations.
13. Each Utilities Main Connection shall be constructed under supervision of the County at the
expense of the Owner of the Premise benefited by the Utility Service.
14. Application for connection of Water or Sewer Utility Services to a property shall be made by
the Owner on the form prescribed by the County and it shall be accompanied by a site plan
showing the size and location of the service and any other information required to
appropriately design and install the service.
15. The cost of installation of a Utilities Main Connection as estimated by the Manager shall be
paid by the Owner to the County prior to installation of the service.
15.1.
Provided that pipes forming part of the County's Water Main and/or Sanitary
Sewer are located within a road, easement, public utility lot, utility right of way, or
other property owned or controlled by the County, the CAO or their designate
may require the Owner of Premises located adjacent to the Water Main and/or
Sanitary Sewer to connect that Premises to the Water Main and/or Sanitary
Sewer including but not limited to requiring the Owner to:
15.1.1. provide or pay for a Service Connection and Utilities Main Connection
from that Premises to the Water Main and/or Sanitary Sewer including the
installation of an on-lot septic Grinder Pump Station when connecting to
a Low-Pressure Sanitary Sewer at the Owner's sole cost and expense;
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15.1.2. pay all applicable Charges set out in Fees for Service Bylaw including but
not limited to payment of a connection fee and/or a Deposit;
15.1.3. install a Meter at the Owner's sole cost and expense;
15.1.4. disconnect the Premises from a Private Wastewater Disposal System
and/or Private Water System;
15.1.5. remove and/or remediate the Private Wastewater Disposal System in
accordance with Schedule "C": Section 6;
15.1.6. disconnect the Private Water System from building(s) on the Premises in
accordance with Schedule "D": Section 2.5;
15.1.7. set up a Utility Account for the Premises; and
15.1.8. obtain Utility Service for Water and/or Wastewater from the County.
GENERAL
16. The County shall remain the owner of all Utility Services and Utilities Main Connections
unless the County and the Consumer have expressly agreed in writing otherwise. Any
payment made by the Consumer does not entitle the Consumer to ownership, unless
agreed in writing otherwise.
17. The County and the Consumer are subject to and shall comply with all applicable federal,
provincial, and municipal legislation, regulation, Bylaws, orders, and requirements.
18. The Terms and Conditions contained in this Bylaw are governed by the laws of the Province
of Alberta and the Federal laws of Canada applicable in the Province of Alberta. Any lawsuit
arising in connection with the Terms and Conditions shall be brought in the courts of the
Province of Alberta.
19. The Terms and Conditions of Utility Services contained in this Bylaw apply to all Utilities and
to every Consumer, and to the relationship between the County and a Consumer.
20. A Consumer is deemed to have accepted the Terms and Conditions upon one of the
following:
20.1.
The Owner's Application for the supply of Utility Services.
20.2.
The payment by or on behalf of a Consumer of an account by the County for
Rates or Charges.
20.3.
Receipt by the Consumer of Utility Services supplied by the County.
20.4.
Connection to the Water Main and/or Sanitary Sewer.
21. The Consumer shall:
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21.1.
pay all Charges and Rates for Utility Services performed by the County or its
agents in accordance with this Bylaw;
21.2.
adhere to the requirements of these Terms and Conditions;
21.3.
be responsible for the condition and protection of all facilities on the Consumer's
property. The Consumer shall be liable for any destruction of or damage to the
County's Water Facilities or Wastewater Facilities located on the Consumer's
property unless the destruction or damage is caused by the act of an agent or
employee of the County.
21.4.
not extend a Service Connection from one Lot to another without the prior written
consent of the County.
21.5.
at the request of the County, grant, or cause to be granted to the County, at the
Consumer's expense, such easements or rights-of-way over, upon or under the
property owned or controlled by the Consumer as the County reasonably
requires for the construction, installation, maintenance, repair, inspection and
operation of the facilities required for a service to the Consumer, and for the
performance of all other obligations required to be performed by the County to
maintain the Utility Services.
22. No Person shall:
22.1.
remove, operate, alter any portion of the Utilities Services owned by the County,
except an authorized agent or employee of the County. A Consumer shall be
responsible for all damage to or loss of such property.
22.2.
use the Utility Service in any manner that causes any interference or disturbance
to any other Consumer's use of the Utility Services;
22.3.
obstruct or impede free and direct access to any service, Water Main, Sanitary
Sewer, or any other aspect of the Utility Services;
22.4.
install or allow to be installed any temporary or permanent structures that could
interfere with the proper and safe maintenance and operation of the Utility
Services or result in any damage to the Water Main, Water Facilities, Sewer,
Sewer Facilities, or a Utilities Main Connection.
23. A Consumer and the County may enter into an agreement that provides for the waiver,
alteration, or amendment of any part of the Terms and Conditions provided that the
agreement is in writing and executed by both parties.
24. Upon request the County shall provide the Consumer with information on the method and
manner of installing services.
25. The County shall reasonably respond to a Consumer's request to attend a Premises, in
order to minimize or rectify an actual or potential interruption to Utility Services. A Consumer
shall pay the Charges for a Consumer's requested service call unless the source of the
problem is caused by the County.
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26. The County may without limitation act in response to governmental or civil authority
directives, which may affect Utility Services. The Consumer agrees to cooperate with the
County in order to comply with directives.
27. The County's Liability and Responsibility:
27.1.
The County shall not be liable for any loss, injury, damage, expense, charge,
cost or liability of any kind, whether of direct, indirect, special or consequential
nature (except only as specifically provided for in this section) arising out of or in
any way connected with any failure, defect, fluctuation, reduction or interruptions
in the provision of Utility Services by the County to its Consumers howsoever
caused.
27.2.
The County shall be liable only for direct physical loss, injury or damage to a
Consumer or Consumer's property resulting from the willful act of the County, its
employees, or agents in relation to the provision of Utility Services to a
Consumer.
27.3.
For the purpose of defining the County's liability and restricting the generality
thereof, "direct physical loss, injury or damage" shall not include loss of revenue,
loss of profits, loss of earnings, loss of production, loss of contract, cost of capital
and loss of use of any facilities or property or any other similar damage or loss
whatsoever arising out of or in any way connected with the failure, defect,
fluctuation, reduction or interruption in the provision of Utility Services to a
Consumer.
27.4.
Any claim filed by a Consumer for direct losses, damages, expenses, charges,
costs, or other liabilities must be filed with the County within 180 days from the
date of the occurrence of the incident that is the subject of the claim, failing which
the claim is deemed to be settled by continuation of the Utility Service.
27.5.
The County shall not be liable for damages
27.5.1. caused by the break or failure of any portion of the Wastewater Facilities
or Water Facilities;
27.5.2. caused by the interference or cessation of Utility Services in connection
with the repair or proper maintenance of the Wastewater Facilities or
Water Facilities; or
27.5.3. generally, for any accident or incident due to the operation of the Utility
Services unless such costs or damages have been shown to be directly
due to the willful act of the operating County or its employees.
Without limiting the generality of the foregoing, the County is not responsible or
liable for costs or damages that are based on nuisance. All limitations, protections
and exclusions of liability contained in any provincial or federal legislation shall be
applicable to and shall benefit the County in respect of any action brought or
contemplated in respect of the provision of the Utility Services or anything else
associated to these Terms and Conditions.
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27.6.
The County shall endeavor to provide regular and uninterrupted operations of the
Utility Services as provided in the Terms and Conditions. However, breaks to
Sewers, Water Mains and other Water Facilities or Wastewater Facilities are
inherent to the normal operation of the Utility Services. The right to discontinue
Utility Services for any reason with or without notice is fundamental to these
Terms and Conditions.
27.7.
The County shall have the right to disconnect, interrupt or reduce Utility Services
at any time:
27.7.1. for making repairs or improvements necessary to facilitate construction,
installation, maintenance, repair, replacement, or inspection of any part
of the Wastewater Facilities or Water Facilities;
27.7.2. to restrict and regulate the use of Water for the purpose of conserving
Water;
27.7.3. to maintain the safety and reliability of the Utility Services;
27.7.4. due to any other reason, including non-payment of Rates and/or
Charges, emergencies, forced outages, Force Majeure or potential
shortage or interference with the normal delivery of the Utility Service.
27.8.
The County will use reasonable efforts to:
27.8.1. provide notice of any Utility Service reduction or interruption;
27.8.2. minimize such interruption duration and occurrences;
27.8.3. schedule planned interruptions as much as possible at times convenient
to Consumers.
28. Should the County be rendered unable (wholly or in part) by Force Majeure to carry out its
obligation to supply Utility Services, the County's obligations so far as they are affected by
Force Majeure shall be suspended. The County shall where practicable give notice of the
occurrence of Force Majeure to Consumers affected.
29. Provision of Utility Services:
29.1.
The County will provide all or any portion of the Utility Services listed in this
Bylaw in accordance with these Terms and Conditions. All additional
supplementary or commercial services provided by the County to a Consumer
will be charged in accordance with the agreement between the parties. Payment
for all Utility Services shall be in accordance with the provisions of these Terms
and Conditions.
29.2.
The County will restore extended service interruptions due to breaks of Water
Mains or Sanitary Sewers, plugged or collapsed Water Mains or Sanitary Sewers
or other reasons as soon as practically possible.
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29.3.
The County will maintain and repair the Utility Services at no direct charge to the
Consumer unless the damage is due to Consumer negligence or intentional
damage.
29.4.
When the County performs a repair on the Utilities Main Connection that affects a
Consumer's property, the County will return the property to its original or similar
to original condition.
29.5.
The County, or agent of the County, will own, install, and maintain all Water
Meters and measuring devices, unless such Meters and measuring devices were
installed by the Consumer for his own purposes.
29.6.
The County will provide for construction and testing of all Utilities Main
Connections, and connection and disconnection in accordance with these Terms
and Conditions and at Rates and Charges provided for in this Bylaw.
29.7.
The County will endeavor to provide a continuous supply of Utility Services.
However, a continuous supply of Utility Services is not guaranteed.
29.8.
In the case of extended service interruptions, the County will make reasonable
efforts to supply Utility Services to Consumers or groups of Consumers through
alternative means.
29.9.
The County is not responsible for the effects of Force Majeure events.
29.10.
The County is not responsible for changes to the characteristics or properties of
the Water as a result of complying with Health Canada standards. The County is
not responsible for any resulting changes to any facility, process or production or
cost impacts upon Consumers or their business as a result of such measures.
29.11.
The County shall not be responsible for any damage (on property), loss or injury
of any nature or resulting directly or indirectly from the installation of a Service
Connection, unless such costs, losses or damages have been shown to be
directly due to a willful act of the County or its employees.
29.12.
The Consumer shall take all necessary measures to prevent damage to a
Service Connection due to any cause, including settlement of the structure or
ground through which the pipe passes.
29.13.
Where a service passes through disturbed ground, the obligation of the County to
construct does not include the incremental construction costs required to stabilize
the service and bring the disturbed ground to a stable state. The Consumer may
be required to pay all additional construction costs including the costs of any
required support system.
30. Any Person who requires Utility Services shall make an Application to the County on such
form as shall be utilized by the County from time to time and shall pay to the County the
Application Charge set forth in Fees for Service Bylaw.
31. Upon the acceptance of the Application, the Utility Account shall be set up in the name of
the Applicant.
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32. There shall be a separate Utility Account with respect to each Meter.
33. The Application shall be supported by such evidence of the identity of the Applicant and
status of the Applicant to make the Application as the Manager may require.
DEPOSITS
34. Subject to agreement otherwise, an Applicant may at the time of Application be required to
pay a Deposit as follows:
34.1.
Residential Consumer - The amount set pursuant to the provisions of Fees for
Service Bylaw;
34.2.
Non-Residential Consumer - The amount set pursuant to the provisions of Fees
for Service Bylaw or the amount estimated by the Manager to be the cost of
supply of Utility Services to the Premises over a THREE (3) month period,
whichever is greater.
35. Notwithstanding Section 30 of this Schedule:
35.1.
an Applicant opening a new Utility Account who is indebted to the County for
Utility Services previously supplied will not be allowed to complete their
Application, or be entitled to receive Utility Services, until payment of the
outstanding account and any Deposit required in accordance with Section 34 of
this Schedule;
35.2.
an Applicant opening a new Utility Account due to a change of residence within
the County shall be charged the same Deposit as required for their previous
Utility Account, subject to the increased Deposit provisions of Section 36 of this
Schedule;
35.3.
the Manager may waive the requirement of a Deposit under Section 34 of this
Schedule for a Residential Consumer who has been established for at least
TWELVE (12) months in the County and the Consumer's Utility Account or
accounts was, or were, maintained in good standing;
35.4.
the Manager may waive the requirement of a Deposit under Section 34 of this
Schedule for a Non-Residential Consumer who has been established at least
TWENTY-FOUR (24) months in the County and the Consumer's Utility Account
or accounts was, or were, maintained in good standing;
35.5.
if a Consumer has an existing Utility Account that is not in arrears, and for which
no Deposit is being held, then if Application is made for another Utility Service in
the same name and of the same type, the Manager may waive the requirement
for a Deposit.
36. Notwithstanding Sections 34 and 35 of this Schedule, if:
36.1.
payment of the Utility Invoice is in arrears;
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36.2.
the Utility Service to a Premises has been shut off for non-payment of the Utility
Account;
36.3.
a cheque received for payment of the Utility Invoice has been returned by the
financial institution on which it is drawn marked with words indicating that the
cheque has not been honoured;
36.4.
the Applicant wishes to set up the Utility Account in any name other than that of
the Owner of the Premises (subject always to the discretion and acceptance by
the Manager); or
36.5.
an Applicant's previous Utility Account or other current Utility Account has not
been maintained in good standing;
then, in addition to paying any arrears of County Rates or Charges, the Applicant may
be required to pay an additional Deposit equal to the amount estimated by the
Manager to be the cost of supply of Utility Services to the Premises over a THREE (3)
month period.
INTEREST ON DEPOSITS
37. No interest shall be paid on Deposits pursuant to the provisions of this Bylaw.
REFUND ON DEPOSITS
38. If a Residential Consumer has paid all Utility Invoices rendered to such Consumer on or
before the due dates stated in such invoices for a period of TWELVE (12) consecutive
months, the Deposit or Deposits paid by such Consumer pursuant to Sections 34 and/or 36
of this Schedule shall be refunded.
39. If a Non-Residential Consumer has paid all Utility Invoices rendered to such Consumer on
or before the due dates stated in such invoices for a period of TWENTY-FOUR (24)
consecutive months, the Deposit or Deposits paid by such Consumer pursuant to Sections
34 and/or 36 of this Schedule shall be refunded.
40. If refundable pursuant to this Section, or upon termination of the supply of Utility Services, a
Deposit shall be returned to a Consumer after deducting therefrom all outstanding Charges
for the supply of Utility Services, including the cost of Shut-Off or discontinuing any Utility
Service for non-payment of Utility Accounts.
WATER
41. The County may levy and Consumers shall pay for Water supplied by the County at the
Rates set pursuant to the provisions of Fees for Service Bylaw.
42. In case of a dispute, the Manager shall determine the Rate established pursuant to the
provisions of Fees for Service Bylaw which is applicable to a particular Consumer.
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43. The amount payable by a Consumer shall be determined by reference to the reading of the
Meter supplied to such Consumer. If for any reason a Meter cannot be read, the Manager
may estimate the flow of Water based on usage during the same period in the previous
year, or on the past 3 months if the previous year's usage is not available and render an
account in accordance with such estimate.
44. Notwithstanding the foregoing, the County shall read each Meter at least four times each
year and, failing that as a result of the Consumer's actions or inactions, after providing not
less than thirty (30) days' prior written notice, the Manager may Shut-Off the Water supply to
such Meter until such time as the County is able to read the same.
SEWER SERVICE
45. The County may levy and Consumers shall pay for Wastewater collected and disposed of
by the County at the Rates set pursuant to the provisions of Fees for Service Bylaw hereto.
46. In case of a dispute, the Manager shall determine the Rate established pursuant to the
provisions of Fees for Service Bylaw which is applicable to a particular Consumer.
47. Where the supply of Water to the Premises is metered, the amount payable by a Consumer
for Wastewater may be determined in part by reference to the reading of the Water Meter
supplied to such Consumer. If for any reason a Meter cannot be read, the Manager may
estimate the flow of Water based on usage during the same period in the previous year, or
on the past 3 months if the previous year's usage is not available and render an account in
accordance with such estimate.
EFFECTIVE DATE
48. The terms provided in this Bylaw for the provision of Utility Services shall come into effect
on the date this Bylaw comes into force.
UTILITY ACCOUNTS
49. The Utility Account for all or any of the Utility Services shall be set-up in the name of:
49.1.
the Owner of the Premises serviced by one or more of the Utility Services; or
49.2.
with the approval of the Manager, a bulk Consumer on behalf of two (2) or more
Owners receiving service through a single Utilities Main Connection and/or
Meter.
50. The County shall start charging an Owner as soon as the final building permit inspection of
the Premises is done or a permit to occupy has been issued by the County. In the absence
of such, the start date for charging will be based on the possession date of the Owner or
any other Occupant, as the case may be.
51. Notwithstanding the occupation of any Premises by tenants or renters, Utility Services will
be the responsibility of the Owner of the Premises and the Owner shall be directly
responsible for the Utility Account.
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52. Any Premises that has been issued an occupancy permit by the County but remains
unoccupied shall still be charged in accordance with the Rate and Charges.
53. All Rates and Charges are due and payable as of the billing date. Payment can be made at
the County office by cheque, direct deposit, on-line banking, and credit card, or by a pre-
authorized payment plan.
54. Any fees, Charges or payment penalties owing by the Owner of Premises and remaining
unpaid for a period of sixty (60) days after the billing date will be made a charge against or
lien upon the Premises serviced by the County, and in this event, the charge or lien so
made will be subject to the same penalties and shall be collected by the same procedure as
property taxes levied by the County, where applicable. Where permissible pursuant to the
Municipal Government Act, all outstanding fees, Charges, or payment penalties will be
transferred to the County tax roll for the subject Premises.
55. Notwithstanding Section 54 of this Schedule, where the CAO or Manager has reasonable
grounds to believe that the subject Premises are or will be offered for sale or are or will
otherwise be subject to a form of transfer of ownership to another Person, any unpaid fees,
Charges or payment penalties imposed pursuant to this Bylaw and owing by the Owner of
the Premises may be transferred to the County tax roll for the Premises immediately upon
any of these amounts going into arrears.
56. All new Consumers shall pay to the County a one-time administration fee, for the purpose of
opening the Utility Account, as set out in the Fees for Service Bylaw.
57. All Rates and Charges payable hereunder shall be paid to the County within the time
prescribed by this Bylaw.
58. The Utility Invoice is due and payable when rendered and, if not paid on the due date stated
on the invoice, is deemed to be in arrears. Failure to receive the Utility Account does not
relieve a Consumer of liability for payment.
59. If a Consumer shall only partially pay the Utility Invoice, all monies paid shall,
notwithstanding any contrary direction by the Consumer, be applied towards payment of the
amount due under such invoice in the following order:
59.1.
Deposits;
59.2.
penalties;
59.3.
arrears of Charges for all Utility Services;
59.4.
current Wastewater Charges;
59.5.
current Water Charges.
60. If a Consumer fails to pay the Utility Invoice prior to or on the due date stated therein, or
such later due date as may be approved by the Manager, such Consumer shall pay a late
payment interest charge of the current Charges invoiced, as set out in the Fees for Service
Bylaw. Payments made by mail or at a financial institution must be received by the County
on or before the due date in order for a Consumer to avoid such interest charge.
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61. If any Rate or Charge for the provision of Utility Services is designated by reference to a
specific period of time, the cost for a lesser period of time shall be calculated on a
proportionate basis.
62. If a Consumer is in arrears in payment of any Rates or Charges imposed pursuant to this
Bylaw, the Manager may enforce payment by all or any of the following procedures:
62.1.
action in any court of competent jurisdiction;
62.2.
Shut-Off or discontinuing any Utility Service being supplied to such Consumer
after providing not less than five (5) business days' written notice; and/or
62.3.
enforcing Court judgement against the Consumer by distress and sale of the
goods and chattels of such Consumer wherever such goods and chattels may be
found in the County.
WAIVER
63. The Manager may waive any penalty Rate or Charge imposed or levied under this Bylaw if,
in the circumstances, the Manager is of the view that doing so is just and equitable.
EXTENSION OF SERVICE AREA
64. Subject to the provisions of this Bylaw, the County shall provide Utility Services within the
boundaries of the County as identified in Schedule 'A'.
64.1.
The County shall continue to supply Utility Services to all areas of the County
that received Utility Services from the County prior to the effective date of this
Bylaw.
64.2.
The County may agree to supply Utility Services to Premises that have not
previously been serviced by Utility Services, upon the request of the Owner and
the Owner constructing or paying for Water and Sewers, services, and related
appurtenances.
64.3.
Notwithstanding the above, the County will provide Utility Services at the request
of the Owner except in circumstances where the County is unable to provide
Utility Services for reasons including:
64.3.1. capacity limitations of the Water Mains, Water Facilities, Sewers, or
Sewer Facilities;
64.3.2. operational limitations of the Utility Services;
64.3.3. damage to the Water Mains, Water Facilities, Sewers, or Sewer
Facilities;
64.3.4. contractual restrictions;
64.3.5. restrictions resulting from applicable federal, provincial, or County
legislation, bylaws, regulations, or directives.
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SCHEDULE "C"
TERMS AND CONDITIONS OF SERVICE - WASTEWATER SERVICES
USE OF PUBLIC SEWER
1. Restricted Discharge
1.1.
No Person shall discharge into any Storm Sewer or Natural Outlet within the
County or in any area under the jurisdiction of the County any Wastewater or
other Polluted Wastes.
1.2.
No Person shall discharge any treated or untreated water, Wastewater, or other
Polluted Wastes into the Wastewater Facilities unless through an approved
connection complying with the provisions of this Bylaw and the Regulations.
2. Installation and Connection of Toilet Facilities
Where required by the CAO or their designate in accordance with Section 15.1 of
Schedule "B", subdivision approval, development permit, County servicing standards or a
government authority having jurisdiction, the Owner of each Premises used for human
occupancy, employment, recreation or other purpose located on property lying along the
Sanitary Sewer shall install suitable toilet facilities therein and connect such facilities
directly with the Sanitary Sewer.
3. Restricted Facilities
Except as permitted by this Bylaw (including, without restriction, pursuant to Sections 4 to
8, inclusive, of this Schedule), or the Regulations, no Person shall construct or maintain
any privy, privy vault, septic tank, cesspool, or other facility intended or used for the
collection or disposal of Wastewater.
PRIVATE WASTEWATER DISPOSAL
4. Sanitary Sewer Not Available
With the exception of Premises which come within the scope of Section 2 of this Schedule
or Premises which are not located along the line of any Sanitary Sewer, the toilet facilities
in any house or other building on such property shall be connected to a Private
Wastewater Disposal System complying with the provisions of this Bylaw and the
Regulations, as well as the requirements of any applicable subdivision or development
approval or permit applicable to the said property.
5. Requirements for Private Wastewater Disposal
5.1.
The type, capacity, location, and layout of a Private Wastewater Disposal System
shall comply with all requirements of the Alberta Private Sewage Disposal
Regulations or the Regulations (as applicable) and all code requirements
contemplated thereunder, and all County requirements.
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5.2.
No Private Wastewater Disposal System shall discharge to any Storm Sewer or
Natural Outlet.
6. Connection to Sanitary Sewer and Remediation of Private Wastewater
Disposal System
Where connection to the Sanitary Sewer is required by the Chief Administrative Officer in
accordance with Section 15.1 of Schedule "B", subdivision approval, development permit,
County servicing standards or a government authority having jurisdiction, any existing
Private Wastewater Disposal System shall be abandoned, cleaned of sludge and filled
with dirt or pit-run gravel, or removed and replaced with fill material approved by the CAO
or their designate at the Owner's sole cost and expense.
7. Operation of Private Wastewater Disposal
The Owner of a property shall at all times operate and maintain in a sanitary manner any
Private Wastewater Disposal System located on such property, and in compliance with all
Regulations and all laws.
8. Hauling of Wastewater From Outside Sources
The owner shall not accept wastewater produced outside of the designated service area.
SEWER SERVICE CONNECTIONS
9. Approval
Unless authorized by the Manager, no Person shall uncover, make any connection with or
opening into, use, alter, or disturb any Sanitary Sewer or appurtenance thereof.
10. Maintenance of Service Connections
10.1.
The County shall maintain Utilities Main Connections from a Sanitary Sewer to
the property line at the County's expense.
10.2.
The Owner of a Premises shall maintain the Service Connection from the
property line to the main Cleanout, at the Owner's expense.
11. Abandonment of Service Connections
11.1.
The Manager may declare a Service Connection abandoned if:
11.1.1. use of the Service Connection is discontinued for six (6) consecutive
months or more;
11.1.2. there is no building on the Premises and no building is currently being
constructed; or
11.1.3. there is no Utility Account in respect of the Premises.
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11.2.
Where the Manager has declared a Service Connection to be abandoned, the
Manager may require the Owner to take any steps that the Manager considers
necessary or desirable for the closure or removal of the Service Connection.
11.3.
If any Sanitary Sewer connection is abandoned, the County shall, at the Owner's
expense, effectively block up such connection at a suitable location within the
Owner's property so as to prevent Wastewater backing up into the soil, or dirt
being washed into the Sanitary Sewer.
12. Separate Service Connection Required
A separate Service Connection shall be provided for every building except that, if a new
building is constructed at the rear of an existing building and, in the opinion of the
Manager, it is not practicable to construct a separate Service Connection to the new
building, the Service Connection to the existing building may be extended to the new
building.
13. Re-use of Service Connections
13.1.
An existing Service Connection may only be used to provide service to a new
building with the Manager's approval.
13.2.
Under no circumstances will any Person be allowed to re-use a No-Corrode
Service Connection to provide service to a new building.
13.3.
The County shall be responsible for all costs incurred in constructing a new
Utilities Main Connection if the old pipe is deemed unacceptable for reuse, and
no upsizing of the pipe is required.
13.4.
The Owner of a Premises shall be responsible for all costs incurred by the
County in constructing a new Utilities Main Connection where upsizing of the old
pipe is required.
13.5.
The Owner of a Premises shall be responsible for all costs incurred by the
County in constructing a new Utilities Main Connection to Premises that were not
previously serviced or where additional Utilities Main Connections are required.
14. Requirements for Service Connection
14.1.
The size, slope, alignment, and materials used in construction of a Service
Connection and the methods to be used in excavating, placing of the pipe,
jointing, testing, and backfilling the trench shall all conform to the requirements
set forth by the Manager.
14.2.
The materials and procedures set forth by the Manager shall comply with the
standards published by the American Society of Testing and Materials, the
Canadian Standards Association and American Water Works Association.
14.3.
A Service Connection from the main Cleanout to the Sanitary Sewer shall have a
minimum diameter of 100mm.
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14.4.
When connecting to a Low-Pressure Sanitary Sewer, the Owner shall install an
on-lot septic Grinder Pump Station at the Owner's sole cost and expense.
15. Wastewater Lifting Required
15.1.
Whenever practicable, a Service Connection shall be brought to a building at an
elevation at least 1.8 meters below finished grade level.
15.2.
In any buildings in which a Floor Drain, Garage Drain, or other Fixture permitted
to be connected to a Sanitary Sewer is too low to permit gravity flow to the
Sanitary Sewer, Wastewater carried by such Fixtures shall, at the Owner's
expense, be lifted by means approved by the County and discharged to the
Service Connection and the Sanitary Sewer.
16. Restricted Connections to Sanitary Sewer
16.1.
No Person shall connect any Storm Drain to any Sanitary Sewer nor any Service
Connection which in turn is connected directly or indirectly to any Sanitary
Sewer.
16.2.
Unless permitted by the Manager pursuant to this Schedule, no Person shall:
16.2.1. connect any roof downspout, Weeping Tile, Foundation Drain or
Areaway Drain; or
16.2.2. collect or direct other sources of surface runoff or ground water;
16.2.3. to a Sanitary Sewer or to a Service Connection which in turn is
connected directly or indirectly to any Sanitary Sewer.
17. New, Altered and Expanded Connections
17.1.
No Person shall:
17.1.1. make, install, alter, or expand, remove, or allow the making, installation,
alteration, expansion, or removal of any Service Connection to a
Sanitary Sewer;
17.1.2. increase the volume of Wastewater being discharged into the Sanitary
Sewer;
17.1.3. alter the composition of Wastewater being discharged into the Sanitary
Sewer; or
17.1.4. commence, re-commence, alter, or expand any industrial or commercial
activity which results in discharge of Wastewater to the Sanitary Sewer,
without first having obtained prior written approval from the Manager in accordance with
this Bylaw.
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17.2.
The Owner shall make written Application to the Manager requesting approval for
the following:
17.2.1. the installation, alteration, expansion, or removal of a Service
Connection to a Sanitary Sewer,
17.2.2. an increase of the volume of Wastewater being discharged into Sewer,
17.2.3. altering the composition of Wastewater being discharged into Sewer, or
17.2.4. commencing, re-commencing, altering, or expanding any industrial or
commercial activity which results in discharge of Wastewater to the
Sanitary Sewer
by submitting an Application to the Manager.
17.3.
The Application of the Owner of Commercial Premises shall include a report
certified by a Professional Engineer indicating:
17.3.1. the daily volumes and peak discharges of Wastewater from the
Commercial Premises;
17.3.2. a description of the industrial or commercial activity to be carried on
within the Commercial Premises including the particulars of any
alteration, expansion, or addition;
17.3.3. the anticipated:
17.3.3.1. Biochemical Oxygen Demand;
17.3.3.2. Total Suspended Solids;
17.3.3.3. Fats, Oil and Grease;
17.3.3.4. Total Phosphorus; and
17.3.3.5. Total Kjeldahl Nitrogen
in the Wastewater to be discharged from the Commercial Premises;
17.3.4. the type of waste to be processed or discharged on or from the
Commercial Premises including information as to whether or not any
Prohibited Waste or Restricted Waste is included in such waste;
17.3.5. the proposed pre-treatment, flow equalization or mixing facilities to be
utilized on the Commercial Premises;
17.3.6. the location of Test Manholes for Wastewater to be discharged from the
Commercial Premises;
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17.3.7. the monitoring equipment to be utilized on the Commercial Premises;
and
17.3.8. such other information as the Manager may request.
17.4.
The Manager may allow an industrial or commercial activity to be commenced,
re- commenced, altered, or expanded and a connection to be made without
receipt of the report referred to above if the Manager is satisfied on the basis of
the information available that the proposed activity will not have an Adverse
Effect on a Sanitary Sewer.
17.5.
Where in the opinion of the Manager any source connected to a Sanitary Sewer
may produce Wastewater in contravention of this Bylaw, the Manager may order
the testing of the characteristics and concentrations of Wastewater being
discharged.
17.6.
Should any testing undertaken pursuant to the above provisions disclose that a
Wastewater concentration is not in compliance with the Bylaw, the Manager may
direct the Owner from which the Wastewater originates to:
17.6.1. comply with this Bylaw, and the Owner shall forthwith take all action
necessary to ensure that the Wastewater complies with the
requirements of the Bylaw;
17.6.2. install, utilize, and maintain such monitoring equipment as the Manager
or Council deems necessary at the Owner's expense;
17.6.3. provide the results of such monitoring to the Manager.
17.7.
The Owner or Person responsible for the development of the lands shall be
responsible for the construction of all private drainage systems and Service
Connections, which shall be constructed of approved materials and in
accordance with the County's Design Manual and Construction Manual and:
17.7.1. shall ensure that all Service Connections receive approval from the
County prior to construction; and
17.7.2. shall not backfill the excavation until after the County has inspected the
work or has advised that it will not require inspection.
18. Protection of People and Property
18.1.
All excavations for works required or permitted by this Bylaw shall be adequately
guarded with barricades, lights, and other warning devices adequate to protect
the public.
18.2.
If so required by the Manager, the Owner of a Premises, or any Person engaged
in construction of such works, shall immediately provide such additional
barricades, lights and other warning devices or safety precautions as the
Manager shall deem appropriate.
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18.3.
Roads, parklands, and other public property disturbed in the course of such
works shall be restored in a manner satisfactory to the Manager.
19. Roots
19.1.
Tree roots infesting a Service Connection shall be the responsibility of the Owner
of the property containing the Service Connection.
19.2.
Tree roots infesting a Utilities Main Connection or a Sanitary Sewer shall be the
responsibility of the County.
19.3.
The proximity to a Service Connection of a tree or trees contributing to the root
infestation shall have no bearing on the responsibility of a party to clear the
blockage.
20. Root Foaming
No Person shall chemically treat tree roots in a Service Connection without the Manager's
approval.
21. Video Inspection or Electronic Line Location
Where a dispute exists as to the responsibility for Sewer Utility Service failures or
blockage, a video inspection or an electronic line location may be performed in an attempt
to determine the location of the problem. All costs associated with such a determination
shall be borne by the party responsible for maintaining the portion of the Service
Connection, Utilities Main Connection, or Sanitary Sewer as the case may be, where the
problem is found to exist.
22. Service Calls
Prior to the County doing any service repairs at a Consumer's request, the Consumer
requesting the same shall sign a service call log authorizing the County to make the
necessary repairs and invoice the cost in accordance with the Charges as outlined in
Fees for Service Bylaw.
23. Cleanouts
23.1.
A Service Connection that is connected to a Sanitary Sewer shall be equipped
with a main Cleanout with a minimum diameter of 100mm, located not more than
25 meters from the Sanitary Sewer. The main Cleanout shall be located as close
as practicable to the point where the Sewer Service Connection leaves the
building and in such a manner that the opening is readily accessible and has
sufficient clearance (minimum 2 meters horizontally and vertically) for effective
rodding, cleaning, and video inspection. The Service Connection from the main
Cleanout to the property line shall be as straight as possible, and, in any case,
the angular sum of all bends installed shall not exceed 135 degrees and it shall
not contain a 90-degree elbow.
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Generally, the main Cleanout shall be located inside the foundation of a building. If
sufficient clearance cannot be provided inside the building, the main Cleanout shall be
installed outside the building and as close as practicable to the foundation.
23.2.
All main Cleanouts shall be a wye fitting and shall be usable and accessible.
23.3.
No Person shall enclose the main Cleanout in or under partitions, walls, or
flooring or in any way restrict access to same.
23.4.
Main Cleanouts installed in a horizontal position below floor level shall be
enclosed in an access box.
PROHIBITED/RESTRICTED DISCHARGE
24. Discharge of Uncontaminated Water
No Person shall discharge or cause to be discharged any storm water, surface water,
groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or
unpolluted industrial water to any Sanitary Sewer, except with the approval of the
Manager which may be given in a situation where exceptional conditions prevent
compliance with this Section, in which case a Rate shall be levied at the Rate set
pursuant to the provisions of Fees for Service Bylaw for amounts applied to the volume of
water estimated by the Manager to have been discharged into the Sanitary Sewer.
25. Discharge of Storm Water
Storm water and all other drainage shall not be discharged into the Sanitary Sewer or
Wastewater Facilities.
26. Polluted Wastes
No Person shall discharge, or cause or permit to be discharged, any Wastewater
containing Prohibited Waste or Restricted Waste into any Sanitary Sewer. Without
restricting the forgoing, no Person shall discharge, or cause or permit to be discharged,
any of the following described Wastewater or wastes into any Sanitary Sewer:
26.1.
any garbage that has not been shredded so as to pass through a 6mm sieve and
is not specifically prohibited in this section;
26.2.
any water or wastes containing strong acid, iron pickling wastes, or concentrated
plating solutions whether neutralized or not;
26.3.
pollutants, other than those listed in Schedule "E" or Schedule "F", prohibited
from being discharged under any Federal or Provincial legislation;
26.4.
any waters or wastes containing phenols or other taste or odour producing
substance, in such concentration as to exceed limits which may be established
by the Manager as necessary, after treatment of the Composite Wastewater, to
meet the requirements of any Provincial, Federal, or other public agencies having
jurisdiction;
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26.5.
wastes which contain, exert, or cause:
26.5.1. unusual concentration of inert Suspended Solids, including but not
limited to fullers earth, Lime Slurries, and Lime Residue, or of dissolved
solids, including but not limited to sodium chloride and sodium sulphate;
26.5.2. excessive discoloration, including but not limited to dye, wastes, and
vegetable tanning solutions;
26.5.3. unusual B.O.D., C.O.D., or chlorine requirements in such quantities as
to constitute, in the opinion of the Manager, a significant load on a
Wastewater Treatment Plant; and
26.5.4. unusual volume of flow or concentration of wastes constituting a Slug;
26.6.
waters or wastes containing substances which are not amenable to treatment or
reduction by the Wastewater treatment processes employed by the County, or
are amenable to treatment only to such degree that a Wastewater Treatment
Plant effluent cannot meet the requirements of other agencies having jurisdiction;
26.7.
any noxious or malodorous gas or substance capable of creating a public
nuisance including, but not limited to, hydrogen sulphide, Mercaptans (Thiols),
carbon disulphides, other reduced sulphur compounds, amines, and ammonia.
27. Rejection of Polluted Wastes
If any waters or wastes are proposed to be discharged from a Premises to a Sanitary
Sewer, which contain any substance or possess the characteristics of any substance
enumerated in section 26 or any other substance which, in the opinion of the Manager,
would have a deleterious effect upon the Wastewater Facilities or receiving waters, or
which otherwise create a hazard to life or constitute a public nuisance, the Manager may:
27.1.
reject the waters or wastes;
27.2.
require pre-treatment to an acceptable condition for discharge to the Sanitary
Sewers;
27.3.
require control over the quantities and rates of discharge; and/or
27.4.
require payment by the Consumer to cover the added cost of handling and
treating the wastes not covered by existing Wastewater Rates or other Charges
under the provisions of this Bylaw. If the Manager permits the pre-treatment or
equalization of waste flows, the design and installation of the plants and
equipment shall be subject to the review and approval of the Manager, and to the
requirements of all applicable codes, statutes, Bylaws and Regulations.
27.5.
If preliminary treatment of Wastewater or flow-equalizing equipment is required
by the County, the necessary facilities shall be provided by and maintained in
satisfactory and effective operation by the Owner at the Owner's expense.
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28. Interceptors
28.1.
Interceptors shall be provided for all garages, automotive service stations and
vehicle and equipment washing establishments and for other types of business
when required by the Regulations or, in the opinion of the Manager, such
Interceptors are necessary for the proper handling of liquid wastes containing
grease in excessive amounts, or any flammable wastes, sand, mud or other
harmful ingredients.
28.2.
All Interceptors shall be of a type and capacity which conform to the Regulations
and shall be located so as to be readily and easily accessible for cleaning and
inspection.
28.3.
All Interceptors shall be maintained at all times in satisfactory and effective
operation by the Owners of the properties on which they are installed at the
Owner's expense.
28.4.
All Interceptors shall be connected to the Sewer unless the Manager shall
otherwise stipulate.
28.5.
If the drainage system in any new commercial or industrial building includes an
Interceptor, then a Control Manhole is required.
28.6.
Garage Drains connected to a Sanitary Sewer, or a Service Connection which is
in turn connected to a Sanitary Sewer, must have a mud Interceptor of sufficient
size and design to effectively trap solids.
29. Control Manhole
29.1.
If required by the Manager, the Owner of any property serviced by a Service
Connection shall, at the Owner's expense, install and maintain a suitable Control
Manhole and other necessary appurtenances to facilitate observation, sampling,
and measurement of the Wastewater quality, temperature, rate of flow and other
characteristics.
29.2.
Any such Control Manhole shall be located wholly on Private Property and
constructed in accordance with the Construction Manual and maintained so that
it is accessible and in good condition at all times.
30. Test Manholes
30.1.
A Consumer who carries on an industrial or commercial activity on Commercial
Premises which is or will be connected to a Sanitary Sewer, shall provide to the
County, at no cost to the County, Test Manhole(s) for the testing of Wastewater
from the Commercial Premises.
30.2.
The Test Manholes will be constructed in accordance with the applicable Design
Manual and/or Construction Manual as established, amended, or replace from
time to time.
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30.3.
The purpose of the Test Manhole is to achieve a discreet Wastewater stream of
the Commercial Premise. The Test Manhole shall not be used as collection
manhole with multiple Premises discharging into it.
30.4.
The Test Manhole shall be:
30.4.1. located on the Commercial Premises unless the County allows an
alternative location;
30.4.2. constructed and maintained at the expense of the Owner of the
Commercial Premises;
30.4.3. accessible at all times by the County (accessible includes access by a
vehicle);
30.4.4. constructed in accordance with the County's Specifications; and
30.4.5. maintained to ensure access and structural integrity.
30.5.
The Test Manhole must not be:
30.5.1. in a parking spot;
30.5.2. in a high traffic area;
30.5.3. on a steep bank;
30.5.4. covered or surrounded by landscaping; or
30.5.5. located where a vehicle cannot approach directly over the Test Manhole;
30.6.
If a Test Manhole has not been installed at a Commercial Premises on which an
industrial or commercial activity is occurring, or if the Test Manhole provided is
not accessible to the satisfaction of the Manager for the purpose of testing the
Wastewater the Manager may give notice in writing, requiring the Owner to:
30.6.1. construct and install the required Test Manhole in a location that does
not conflict with the location of onsite storm water management
infrastructure,
30.6.2. construct and install the required Test Manhole within 30 days of
receiving the notice, or as required by the Manager; or
30.6.3. pay the County that amount of money that the Manager deems
necessary to cover the cost of constructing and installing a Test
Manhole, which amount will be paid within 30 days of receiving the
notice or as required by the Manager.
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31. Standards for Sampling and Analysis of Wastes
31.1.
All sampling, measurements, tests, and analysis of the characteristics of waters
and wastes to which reference is made in this Bylaw shall be determined in
accordance with Standard Methods and the Methods Manual for Chemical
Analysis of Water and Wastes published by the Alberta Environmental Centre,
Vegreville, Alberta, 1996, AECV96-M1, as amended.
31.2.
Sampling shall be conducted using customarily accepted methods to determine
the effect of constituents upon the Wastewater Facilities and whether there exists
a hazard to persons or property. The initial analysis of the discharge from a
Premises will determine whether a twenty-four (24) hour Composite Sample of all
discharge from such Premises is sufficient. If practicable, the B.O.D. and
Suspended Solids analysis will be obtained from 24-hour Composite Samples of
all discharges whereas the PH will be determined from periodic Grab Samples.
32. Protection From Damage
No Person shall maliciously, willfully, or negligently break, damage, destroy, uncover,
deface, or tamper with any structure, appurtenance, or equipment which is part of the
County.
33. Sewer Service Surcharge
33.1.
Any Residential Premises or Commercial Premises where Wastewater is
released that contains one or more constituents that are considered Overstrength
Wastewater will be subject to a Sewer Utility Service surcharge.
33.2.
Sampling for the Sewer Utility Service surcharge program shall be performed as
two separate sampling events. The results of each constituent from the two
sampling events will be averaged and the averaged value will be used in the
surcharge calculation.
33.3.
An Autosampler will be used whenever possible, however if the use of an
Autosampler is not possible then manual Grab Samples may be used to
calculate a surcharge factor. Grab Samples procedures for the Sewer Utility
Service surcharge program is as follows:
33.3.1. a minimum of 4 single Grab Samples per sampling event must be used
with at least one hour between Grab Samples but not more than 24
hours;
33.3.2. results from the two sampling events will be averaged and the average
value will be used in the surcharge calculation;
33.3.3. all Grab Samples must be of the same volume and taken at the same
location; and
33.3.4. the Grab Samples for each sampling event will be composited and
treated as one sample.
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33.3.5. The surcharge factor will be recalculated monthly based on the Water
consumption or on Wastewater Meter values if Water consumption data
is not available.
33.4.
The Sewer Utility Service surcharge will remain in effect until the next sampling
event. Sampling of a Residential Premises or Commercial Premises for the
purpose of the Sewer Utility Service surcharge program will occur no less than
four (4) months from the previous sampling period. However, this does not apply
to sampling or monitoring for compliance with this Bylaw.
33.5.
In the event that a common Sewer service exists where more than one Premises
or Consumer's Wastewater mixes upstream or enters a common manhole and a
discrete sample is not possible, the surcharge factor will apply to all Premises or
Consumers whose effluent is discharged to that common manhole.
33.6.
Notwithstanding the forgoing, if a Residential Premises or Commercial Premises
experiences an abnormally high surcharge, or makes changes to the pre-
treatment system that significantly reduces the effluent strength, at the discretion
of the Manager, a request to re-sample the Premises and, if warranted, make an
adjustment to the surcharge factor can occur prior to the expiration of the
minimum four month period.
33.7.
If a Consumer requests an adjustment to the surcharge factor as noted above,
the Consumer must provide in writing to the Manager:
33.7.1. a request for review of the surcharge factor;
33.7.2. justification for the review including all relevant documentation; and
33.7.3. details on changes to or new installation of a pre-treatment system or
new procedures and policies that would result in a significant and
permanent reduction in the effluent strength.
33.7.4. Prior to a surcharge adjustment being approved by the County the
Consumer must wait for a minimum of 2 new surcharges (8 months) to
be calculated. The new surcharge values must be consistently and
significantly lower than the requested adjustment surcharge Rate for an
adjustment to occur.
GENERAL
34. Authority to Sample
The Manager may from time to time determine by sampling and analysis the
characteristics of the Wastewater being discharged into the Wastewater Facilities from
any Premises which by reason of the type of industry or business being conducted or
operated thereon, or for any other reason is, in the Manager's opinion, likely to produce
Wastewater with concentrations of harmful or deleterious substances which exceed those
permitted under this Bylaw or other applicable legislation, and shall maintain a record of
each such analysis.
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35. Duration of Sampling and Analysis
The Manager may take and analyze samples over a period which, in the Manager's
opinion, is sufficient to permit determination of the quality of the average effluent from a
Premises under normal conditions.
36. Request for Additional Sampling
If the Owner of a Premises to which a Wastewater surcharge is applicable is of the
opinion that the degree of concentration of the Wastewater discharge from the property
has been reduced from that shown in a test made by the Manager, such Owner may ask
the Manager to make a further test at the Owner's expense.
37. Special Agreements
This Bylaw shall not be construed so as to prevent any agreement or arrangement
between the County and any Person whereunder the County may accept Industrial
Wastewater of unusual strength or character for treatment.
38. Garbage Grinders
The installation of any garbage grinder equipped with a motor of 560 watts or greater shall
require the approval of the Manager.
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SCHEDULE "D"
TERMS AND CONDITIONS OF SERVICE - WATER SERVICES
ADMINISTRATION OF WATER SUPPLY
1. Authority to Shut Off in Emergency
Notwithstanding any other provision in this Bylaw, in the event of an Emergency,
the Manager may shut off the Water supply without prior notice to a Consumer, a
group of Consumers or a geographical area.
2. Supply of Water
2.1.
With the exception of Private Water Systems and pre-existing Water providers,
the County shall be the sole provider of potable Water within the boundaries of
the Service Areas as defined in Schedule "A."
2.2.
The County does not guarantee the pressure, nor the continuous supply of Water
and the County may at any time, without notice, change the operating Water
pressure and Shut- Off Water.
2.3.
Any Person requiring a continuous and uninterrupted supply or pressure of Water
or having processes or equipment that require particularly clear or pure Water
shall provide such facilities as that Person considers necessary to ensure a
continuous and uninterrupted supply, pressure, or quality of Water.
2.4.
Where required by the CAO or their designate in accordance with Section 15.1 of
Schedule "B", subdivision approval, development permit, County servicing
standards or a government authority having jurisdiction, the Owner of each
Premises used for human occupancy, employment, recreation or other purpose
located on property lying along the Water Main shall connect such Premises
directly with the Water Main.
2.5.
Where connection to the Water Main is required by the CAO or their designate in
accordance with Section 15.1 of Schedule "B", subdivision approval,
development permit, County servicing standards or a government authority
having jurisdiction, the Owner of the Premises shall disconnect the Private Water
System from the building(s) located on the Premises at the Owner's sole cost
and expense.
2.6.
In no case shall a Private Water System be connected to any Utilities Main
Connection or Water Facilities of the County, unless specifically agreed upon by
the County.
3. Bulk Water Sales
3.1.
The Bulk Water Facilities within a Service Area, shall be the only source of bulk
Water available for use or sale, with the exception of Water incorporated into a
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manufactured consumer product as described in section 7 of this Schedule or
Water otherwise supplied by the County.
3.2.
Bulk Water may only be purchased within the County at Bulk Water Facilities
designated by the County.
3.3.
Rates for Bulk Water shall be as set pursuant to the provisions of Fees for
Service Bylaw
4. Sprinklering
4.1.
The CAO may at such times and for such length of time as they consider necessary
or advisable, regulate, restrict, or prohibit Sprinklering as per Water Use and
Conservation Bylaw 2024-010.
5. Restriction of Water Supply
5.1.
The CAO may at such times and for such length of time as they consider necessary
or advisable, regulate or restrict water supply as per Water Use and Conservation
Bylaw 2024-010.
6. Obstruction of Water Supply
6.1.
No Consumer shall operate, use, interfere with, obstruct, or impede access to
Water Facilities or any portion which is on, or in the vicinity of, the Consumer's
property in any manner not expressly permitted by this Bylaw, or in a manner
contrary to the provisions of this Bylaw.
6.2.
If a Consumer shall be in breach of section 6.1, after providing not less than twenty-
four (24) hours prior written notice, the Manager may cause the Water being
supplied to such Consumer to be Shut-Off until the Manager is satisfied that such
Consumer has remedied the breach and is otherwise complying with all of the
provisions of this Bylaw.
7. Wastage
7.1.
No Consumer shall cause, permit, or allow the discharge of Water so that it runs
to waste, whether by reason of leakage from underground piping, a faulty plumbing
system or otherwise.
7.2.
After providing not less than twenty four (24) hours prior written notice, the
Manager may cause the Water supply to any Consumer who violates section 7.1
to be Shut-Off until such time as such Consumer establishes to the satisfaction of
the Manager that he/she has taken such steps as may be necessary to ensure that
any Water supplied to the Consumer by the County will not run to waste.
7.3.
Notwithstanding the foregoing, the Manager may under such conditions as they
consider reasonable allow a Consumer to discharge Water so that it runs to waste
if such Consumer's Water service would otherwise be susceptible to freezing, or if
it is required to maintain Water quality.
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7.4.
Water permitted to run to waste as described in section 7.3 shall be metered and
charged for where the potential for freezing is the result of a shallow or unprotected
Service Connection.
8. Use of Water
8.1.
No Consumer shall:
8.1.1.
lend or sell Water, unless such Water has been incorporated into a
manufactured consumer product, which the manufacturer is licensed to
manufacture, such as but not limited to ice and soft drinks;
8.1.2.
give away or permit Water to be taken;
8.1.3.
use or apply any Water to the use or benefit of others;
8.1.4.
increase the usage of Water beyond limits agreed upon with the County;
or
8.1.5.
wrongfully waste Water.
8.2.
Section 8.01 does not apply to Water purchased from a Bulk Water Facility
designated by the County.
9. Investigation into Water Supply Service Failure
9.1.
If a Consumer shall complain of a failure or interruption of Water supply, and
investigation of the complaint necessitates excavation, the Consumer shall, prior
to the excavating being done, deposit with the County a Deposit for the Charge as
estimated by the Manager based upon the anticipated actual cost of performing
the excavation.
9.2.
If the failure or interruption was caused by the County, its Water Main or its Utilities
Main Connection, such Deposit shall be refunded.
9.3.
If the failure or interruption was caused by the Service Connection, the actual cost
of such excavating shall be paid by the Consumer and the Deposit paid pursuant
to section 9.01 shall be applied towards payment of such cost.
10. Service Calls
If a Consumer requests a service call and the County's employee responding to
the call is for any reason unable to enter the Consumer's Premises, the Consumer
shall pay a Charge as established pursuant to Fees for Service Bylaw.
11. Noise and Pressure Surges
11.1.
No Consumer shall cause, permit, or allow any apparatus, fitting or fixtures to be
or to remain connected to the Consumer's Water supply or allow such Water
supply to be operated in such a manner as to cause noise, pressure surges or
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other disturbance which may in the opinion of the Manager result in annoyance or
damage to other Consumers of the Water Facilities.
11.2.
After providing not less than twenty-four (24) hours prior written notice, the
Manager may Shut-Off the Water supply to any Consumer who is in breach of
section 11.1
11.3.
Any Water supply Shut-Off pursuant to section 11.2 shall not be restored until the
Consumer has ceased to be in breach of section 11.1.
12. Operation of Valves
12.1.
Unless authorized by the Manager, no Person shall turn on or off a Water Service
Valve or any other valve or valves in the Water Facilities.
12.2.
Unless authorized by the Manager, no Person shall turn on a Water Service Valve
which has been turned off on the instructions of the Manager.
13. Trespassing
No Person shall trespass on any property which is utilized or operated by the
County.
14. Operation of Fire Hydrants
14.1.
No Person other than authorized County employees or County fire department
employees shall operate or tamper with a Fire Hydrant under any circumstances.
14.2.
Fire Hydrants shall not be used for any purpose other than fire protection, unless
authorized by the Manager.
14.3.
No Person shall allow anything to be constructed, placed, erected, or planted
adjacent to a Fire Hydrant, which may in any way interfere with access to, use,
maintenance, or visibility of the Fire Hydrant.
14.4.
If requested by any Person for any reason which the Manager deems appropriate,
the Manager may, at such Person's expense, permit the relocation, raising or
lowering of a Fire Hydrant situated on County property.
14.5.
Prior to a Fire Hydrant being relocated, raised, or lowered pursuant to section 14.4,
the Person requesting the same shall pay to the County the Charge for the work
as estimated by the Manager based upon the actual anticipated costs of such
work.
14.6.
The County may require that a Fire Hydrant be installed on Private Property at the
expense of the Owner of the property.
14.7.
No Person shall use Water from a Fire Hydrant located on Private Property for any
purpose other than fire protection.
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14.8.
Any Person owning or occupying a property with a Fire Hydrant adjacent to such
property shall be responsible for clearing snow and cutting weeds or grass around
the Fire Hydrant in a manner that allows the Fire Hydrant to be clearly visible and
accessible from the point on the Road closest to the Fire Hydrant.
14.9.
If a Fire Hydrant is equidistant from two properties, the Owner and Occupant of the
property immediately to the north or west of the Fire Hydrant shall comply with the
provisions of section 14.8
CONTAMINATION
15. Flow Prevention / Cross Connection Control
15.1.
No Consumer shall cause, permit, or allow to remain connected to the Water
supply system any piping, fixture, fitting, container, or other apparatus which may
cause water from a source other than the Water Facilities or any other actual or
potentially harmful or deleterious liquid or substance to enter the Water Facilities.
15.2.
Flow prevention devices shall be present where a contaminant could enter the
Water Facilities, and at all Commercial Premises and:
15.2.1. flow prevention devices shall be tested annually by a certified technician
and the "passed" inspection report shall be submitted to the Manager;
and
15.2.2. inspection, maintenance, and repair of flow prevention devices is the
responsibility of the Owner.
15.3.
If a condition is found to exist which is contrary to section 15.1, the Manager
shall, depending on the nature of the hazard:
15.3.1. conduct an inspection and issue such order or orders to the Owner,
Consumer or other Person as may be required to obtain compliance with
section 15.1; or
15.3.2. without prior notice Shut-Off the Water service or services.
15.4.
If the Owner, Consumer, or other Person to whom the Manager has issued an
order fails to comply with that order, the Manager in his discretion may:
15.4.1. give notice to the Person to whom the order was directed to correct the
fault at the expense of such Person within a specified time period and if
the notice is not complied with the Manager may then Shut-Off the
Water service or services; or
15.4.2. without prior notice Shut-Off the Water service or services.
15.5.
Any Water supply so Shut-Off shall not be restored until the breach of section
15.1 has been remedied.
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METERS
16. General
16.1.
All Water supplied by the County through a Service Connection shall be measured
by a Meter owned, installed, and maintained by the County unless otherwise
provided under this Bylaw or a special agreement is entered into between the
County and an Owner.
16.2.
All Meters except subsidiary Meters as described in Section 18 of this Schedule
shall be supplied, owned, and maintained by the County unless otherwise provided
by this Bylaw or a special agreement is entered into between the County and an
Owner.
17. Installation Responsibility
17.1.
Meters shall be supplied and installed by the County at the expense of the Owner
and shall thereafter be maintained by the County at the County's expense.
17.2.
All Meters supplied to replace obsolete Meters shall be supplied and installed by
the County at the expense of the County.
17.3.
Notwithstanding section 17.2, any re-sizing during the replacement of obsolete
Meters shall be subject to section 24 of this Schedule and conditions contained
therein, except where re-sizing is a requirement of the County.
18. Subsidiary Meter
A Consumer may, for their own benefit, and at their own cost, install a Meter
between the Meter supplied by the County and the point of use of the Water supply,
provided that the County shall under no circumstances be required to maintain or
read such Meter. A subsidiary Meter shall remain the property of the Consumer.
19. Provision of a Meter Setting
19.1.
If constructing a new building, or reconstructing an existing building, an Owner
shall make provision acceptable to the Manager for the installation of a Water
Meter.
19.2.
In so doing, the Owner shall ensure that the Meter is installed in accordance with
the Construction Manual.
19.3.
Any Consumer:
19.3.1. whose Water supply is not metered, or
19.3.2. whose Meter is not positioned to the satisfaction of the Manager, shall,
at the Consumer's expense, arrange for installation of a new Meter or for
the Meter to be moved, as the case may be.
20. Special Meter Readings
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A Consumer who asks the County for a special Meter reading shall pay the Charge
specified in Fees for Service Bylaw
21. Testing or Calibration on Disputed Meter Reading
21.1.
If a Meter reading is disputed by either the County or a Consumer, the party
disputing the reading shall give written notice to the other party. Following such
notice, the Meter in question shall be tested or calibrated by a Person appointed
by the County.
21.2.
If the Meter is found to be accurate within 97% to 103% of the Water passing
through it, the cost for the test or calibration shall be borne by the party disputing
the reading.
21.3.
If the Meter is found not to be accurate within those limits:
21.3.1. it shall be forthwith repaired or replaced and the cost, as well as the
expense of the test or calibration, shall be borne by the County;
21.3.2. the accounts based upon the readings of that Meter during the period of
six (6) months immediately preceding the date of the test or calibration
shall be corrected to reflect the error in the Meter and the Consumer
shall pay, or there shall be refunded to the Consumer, as the case may
be, the amount so determined, which payment or refund shall be
accepted by both the County and the Consumer in full settlement of any
claim arising out of the error in the Meter.
22. Meter Chamber
If, in the opinion of the Manager, a building or other location to be supplied with
Water does not have an acceptable site for the installation of a Meter, the Owner
shall, at the Owner's expense, construct on the property line a container for a
Meter, such container to be satisfactory to the Manager in all respects, including
siting, construction, size and access. The Owner shall, at the Owner's expense,
thereafter maintain such container to the satisfaction of the Manager.
23. Meter and Services
23.1.
The County shall not be obligated to supply more than one Meter for each Water
service to any one building.
23.2.
For each additional Meter supplied by the County to a single building, the Owner
shall provide, at his expense, a separate Water service.
23.3.
If a building other than a Single-Family Residence is to be constructed over more
than one Lot, a separate Water and Sewer Service Connection and Meter is
required for each portion of such building situated on a separate Lot, unless the
Manager otherwise permits.
23.4.
If an existing property is to be subdivided into separate Lots, a separate Water and
Sewer Service Connection and one Meter is required for each additional Lot.
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24. Meter Size
The size of a Water Meter shall be determined as follows:
24.1.
The maximum size of the Meter shall not exceed the size of the Service
Connection.
24.2.
If the Service Connection is a Combined Service, the internal diameter of
the private service branch off the Fire Line shall determine the Meter size
for the purpose of sections 24.1 and 24.2.
24.3.
If a Consumer requires that an existing Meter be replaced with one of a
distinct size, the Consumer will be directly responsible for all necessary
plumbing modifications.
24.4.
If considered appropriate by the Manager, a request to re-size a Meter may
be withheld pending a review of consumption history, usage patterns and
maximum flow requirements. Where the review does not support the
Consumer's request, a Charge for the review may be charged to the
Consumer pursuant to Fees for Service Bylaw.
24.5.
Where required by the County for its purposes, appropriate size verification
shall be performed by the County at no cost to the Consumer.
25. Non-Registering Meter
25.1.
If it is determined, otherwise than pursuant to section 21, that a Meter has failed to
properly record the flow of Water, the Manager shall estimate the flow of Water
based on usage during the same period in the previous year or on the past 3
months if the previous year's usage is not available and render an account in
accordance with such estimate.
25.2.
A Consumer shall immediately notify the Manager of any breakage or stoppage of
a Meter or any irregularity in its operation.
26. Protection of Meter
26.1.
A Consumer shall adequately protect the Meter on the Consumer's property
against freezing, heat and any other internal or external damage failing which such
Consumer shall pay to the County the cost of repairing the Meter.
26.2.
No Person shall obstruct, interfere with, or impede direct, safe, and convenient
access to any Meter for the purpose of the installation, inspection, removal,
replacement, repair and reading of such Meter.
26.3.
No Person shall break or tamper with any Meter, Remote Reading Device,
Communication Wire or Seal.
26.4.
A Consumer may only relocate, alter, or change an existing Meter with the written
approval of the Manager and at the Consumer's expense.
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26.5.
If a Meter is removed or stolen, the Owner of the Premises on which it was located
shall pay the cost of acquiring and installing a replacement Meter.
27. Reading
27.1.
If practicable, all Meters shall be read at least four times per year. If any Meter
cannot be read within such period, the Manager may estimate the flow of Water
upon such basis as he considers to be fair and equitable and render an account.
27.2.
In any event, every Meter must be read at least once in each twelve (12) month
period and if in any case a reading cannot be so made as a result of the
Consumer's actions or inactions, after providing not less than thirty (30) days prior
written notice to the Consumer, the Manager may Shut-Off the Water supply to the
Meter in question until such time as the County is able to obtain a reading.
27.3.
Any Meter not having a Remote Reading Device will be assessed an amount
reflecting the increased cost of obtaining Meter readings. This Rate will be levied
on a monthly basis in accordance with the prevailing Rates set pursuant to the
provisions of Fees for Service Bylaw
28. Meter Valving
28.1.
All Owners shall, at the Owner's expense, supply and maintain valves on both
sides of and within 300mm of the Meter, regardless of size.
28.2.
The main shut-off valve shall be located immediately inside a building at the point
where the Water service enters through the floor.
29. Remote Reading Devices
29.1.
The County shall supply and install Remote Reading Devices on all Premises
receiving Water service from the County at the cost of the Consumers.
29.2.
The location of a Remote Reading Device shall be at a location as determined by
the County.
29.3.
Subject to the Manager's approval, a Remote Reading Device may be relocated
at any time at the Consumer's expense.
29.4.
In the case of new construction, and if required by the County, the Owner shall, at
the Owner's expense, install conduit for a Remote Reading Device for each Meter.
Any such conduit shall meet the specifications in the Construction Manual.
29.5.
All Remote Reading Devices shall be owned and maintained by the County.
29.6.
If at any time there shall be a conflict between the reading recorded on a Remote
Reading Device and the main Meter, the reading recorded by the main Meter shall
be deemed to be accurate. When an adjustment is required, the same procedure
as described in 21.3 of this Schedule will be applied.
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30. Construction Meters
30.1.
For the purpose of providing temporary Water services during construction, the
County may install a construction Meter.
30.2.
Construction Meters shall have a maximum size of 19mm.
31. Water Service Surcharge
31.1.
Any Premises where Water is consumed in excess of service commitments or
capacity allocations to the Consumer, or in excess of such other service
restrictions and limitation as the County may impose from time to time, will be
subject to a Water service surcharge.
31.2.
Metering for the Water service surcharge shall be performed through the
applicable Meter servicing the said Premises.
31.3.
The surcharge factor will be recalculated monthly based on the Water consumption
Meter values.
31.4.
The Water service surcharge will remain in effect until the next month-end metering
demonstrating that the consumption is within the requirements imposed.
SERVICES AND SERVICING
32. Plumbers and Plumbing Contractors
All Persons doing any work or service upon a Service Connection or the
plumbing system attached thereto shall comply with the Safety Codes Act (R.S.A.
2000, c. S-1), and any regulations passed pursuant to that Act.
33. Re-use of Water Services
33.1.
An existing Utilities Main Connection and Service Connection may only be used to
provide service to a new building with the Manager's approval.
33.2.
Under no circumstances will any Person be allowed to re-use a lead Utilities Main
Connection or Service Connection to provide service to a new building.
33.3.
The County shall be responsible for all costs incurred by the County in constructing
a new Utilities Main Connection if the old pipe is deemed unacceptable for reuse,
and no upsizing of the pipe is required.
33.4.
The property Owner shall be responsible for all costs incurred by the County in
constructing a new Utilities Main Connection where upsizing of the old pipe is
required.
33.5.
Existing 19mm diameter Service Connection may be re-used in conjunction with
the development of single detached Dwelling Units, except where fire sprinklering
is required. Re-use of a single 19mm diameter service in conjunction with the
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development of duplex or semi-detached dwelling will be permitted if the
Consumer can demonstrate that the necessary capacity exists to meet the fixture-
unit Water demand and no subdivision of the property is intended or required.
34. Fire Protection Services
34.1.
A Combined Service or Fire Line shall not be installed without the prior approval
of the Manager.
34.2.
A Fire Line shall be used only for fire protection purposes.
34.3.
If the Manager shall determine that a Meter should be affixed to a Fire Line, a
Meter shall be supplied and installed in a manner satisfactory to the Manager at
the Consumer's expense.
35. Temporary Water Service
35.1.
If for any reason a temporary Water service is required, the Applicant shall pay to
the County in advance the cost of its construction and abandonment as estimated
by the Manager based upon the anticipated actual cost of the temporary Water
service.
35.2.
Application for a temporary Water service shall be made in accordance with
Schedule "B."
35.3.
A Meter shall be installed on a temporary Water service at a location approved by
the Manager.
36. Discontinuation of Service
36.1.
No Person shall cause, permit, or allow to be demolished or removed; a building
connected to a Water Main until application has been made to the Manager for the
discontinuation of Water service.
36.2.
If the potential for re-use of the Water service exists, or for any other reason the
Manager deems acceptable, the Water service may be temporarily disconnected
at the property line at the cost of the Owner. If a temporary discontinuation is
allowed and thereafter, for any reason the Manager deems it necessary to do a
Service Kill, a Charge will be made to the Owner pursuant to Fees for Service
Bylaw
36.3.
If, in the Manager's opinion, a temporary disconnection is inappropriate, a Service
Kill shall be performed at the Water Main at the Owner's expense.
36.4.
If the Water is to be Shut-Off and the Meter removed for the purpose of demolition,
the property Owner shall be responsible for all costs associated with such. If the
Water cannot be Shut-Off due to a damaged Service Box or Service Valve, the
County shall excavate to the Water Service Connection and disconnect the
services at the expense of the Owner.
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37. Thawing Service
37.1.
If, in the opinion of the Manager, a Service Connection or the plumbing system
connected thereto is frozen, the cost of thawing by the County shall be borne by
the Consumer.
37.2.
If a Utilities Main Connection is frozen and, in the opinion of the Manager, such
freezing is a result of a Consumer's negligence, the cost of thawing by the County
shall be borne by such Consumer. Otherwise, the County shall bear the cost of
thawing.
38. Boilers and Similar Systems
In any case where a steam boiler or equipment of a like nature is supplied directly
from Water Service Connection, such boiler or other equipment shall be equipped
with at least one safety valve, vacuum valve, or other device sufficient to prevent
collapse or explosion in the event that the Water supply is Shut-Off.
39. Request for Water Turn Off and/or On
If a Consumer requires the supply of Water to be turned on and/or shut off for their
own purposes, such Consumer shall pay a Charge pursuant to Fees for Service
Bylaw.
40. Maintenance of the Water Service
40.1.
The County shall, at its expense, maintain the Water Utilities Main Connection from
the Water Main up to the connection with the private Service Connection, including
the Service Valve.
40.2.
An Owner shall, at the Owner's expense, maintain the Water Service Connection
from the Owner's building up to and including the connection with the Utilities Main
Connection.
41. Protection of Service Boxes
41.1.
Service Boxes to buildings under construction shall be protected from damage by
the Owner from the time the building permit is issued to the time of occupancy.
41.2.
At all times during construction, the Owner shall keep the Service Box exposed at
final grade level and clearly marked with a blue wooden stake.
41.3.
If the Service Box is damaged prior to the Owner occupying the site the County
shall be notified by the Owner prior to application for a building permit, final
inspection, or occupancy permit being made.
42. Replacement of Service Boxes
If the installation of a Water and Sewer service or the repair of a Water and Sewer
service necessitates excavation at the Service Box, the County may require
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replacement of the Service Box by the Person doing the installation or repairs. The
County will provide a replacement Service Box at no charge if damage to the
Service Box is not the fault of the Owner or any prior Owner of the Premises or the
Person performing the work. The Owner will pay the cost of installing the
replacement Service Box.
43. Verification of Water Service Pressure
Any Person installing a new Service Connection is responsible for verifying that
adequate Water pressure exists at the Service Valve. If the County is notified at
any time after the connection is made that there is a lack of pressure, and upon
inspection it is ascertained that the pressure is inadequate, the Person who
installed the service shall be responsible for the cost of re-excavating the Service
Valve for the purposes of such inspection.
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SCHEDULE "E"
PROHIBITED WASTES
Prohibited Waste shall consist of Wastewater containing the following materials:
1. Waste which causes or will cause an Adverse Effect;
2. Any Flammable Liquid or explosive material;
3. A solvent or petroleum derivative including but not limited to gasoline, naphtha, or
fuel oil;
4. Wastewater having a PH of less than 5.5 or greater than 10.0;
5. Any matter, other than Domestic Wastewater, which by itself or in combination
with another substance is capable of creating odours related to but not limited to
hydrogen sulphide, carbon disulphide, other reduced sulphur compounds,
amines, or ammonia outside or in and around a Sanitary Sewer;
6. Pesticides;
7. Unused pharmaceuticals;
8. Wastewater containing materials which by themselves or in combination with
other materials become highly coloured and pass through a Sanitary Sewer
discolouring the effluent;
9. Solid or viscous substances in quantities or of such size as to be capable of
causing obstruction to the flow in a Sanitary Sewer, including but not limited to
ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers,
tar, plastics, wood, unground garbage, animal guts or tissues, paunch manure,
and whole blood;
10. Radioactive Substances in excess of concentrations greater than that specified
under the Atomic Energy Control Act and the Atomic Energy Control Regulations
or amended versions thereof;
11. Grit removed from Commercial Premises including but not limited to grit removed
from car washing establishments, automobile garages and restaurant sumps or
from Interceptors;
12. Any corrosive or toxic Wastewater or other wastes which could adversely affect a
Sanitary Sewer or Wastewater Facilities;
13. Wastewater which will create tastes or odours in drinking water supplies making
such waters unpalatable after conventional water purification treatment;
14. Wastewater which will be discharged in layers or will form layers;
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15. Wastes which will interfere with the disposal of biosolids resulting from municipal
Wastewater treatment;
16. Wastes which will cause a violation or non-compliance event in the operating
approval for the Wastewater Facilities;
17. Biological Wastes;
18. Storm water drainage or sub-surface drainage unless authorized by Council
pursuant to this Bylaw or otherwise;
19. Hazardous Waste or Hazardous Substances;
20. Wastewater containing Restricted Waste, consisting of substances of a
concentration, expressed in mg/L, in excess of any one or more of the limits in
Schedule "F" of this Bylaw, unless the discharge is in accordance with a valid
discharge agreement issued by the County.
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SCHEDULE "F"
RESTRICTED WASTES
Restricted Waste shall consist of Wastewater containing the materials listed in
excess of the following concentrations:
Material
Concentration
Aluminum
0.0 mg/L
Ammonia
24 mg/L
Antimony
5.0 mg/L
Arsenic
0.1 mg/L
Benzene
0.01 mg/L
Beryllium
1.0 mg/L
Biochemical Oxygen Demand
1200 mg/L
Bismuth
5.0 mg/L
Boron
5.0 mg/L
BTEX
0.5 mg/L
Cadmium
0.2 mg/L
Chemical Oxygen Demand
2400 mg/L
Chloride
1500 mg/L
Chloroform
0.04 mg/L
Chromium, total
0.37 mg/L
Cobalt, total
5.0 mg/L
Copper, total
1.0 mg/L
Cyanide, total
1.0 mg/L
Dichlorobenzene
0.09 mg/L
Ethylbenzene
0.5 mg/L
Fats, Oils & Grease, animal / vegetable
450 mg/L
Oils & Grease, mineral / synthetic
15 mg/L
Fluoride
10.0 mg/L
Hexachlorobenzene
0.055 mg/L
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Hydrocarbons
50.0 mg/L
Iron
50.0 mg/L
Lead, total
0.01 mg/L
Manganese
5.0 mg/L
Mercury
0.1 mg/L
Methylene Chloride (Dichloromethane)
0.1 mg/L
Molybdenum, total
5.0 mg/L
Nickel, total
0.55 mg/L
Nitrogen, Total Kjeldahl
70 mg/L
PCBs (Chlorobiphenols)
0.004 mg/L
Phenol Compounds
1.0 mg/L
Phosphorus, total
12 mg/L
Selenium, total
0.82 mg/L
Silver, total
0.29 mg/L
Sulphate (SO4)
1500 mg/L
Sulphides (H2S)
0.3 mg/L
Tetrachloroethane
0.04 mg/L
Tetrachloroethylene
0.05 mg/L
Thallium
0.5 mg/L
Tin
5.0 mg/L
Titanium
5.0 mg/L
Toluene
0.08 mg/L
Total Suspended Solids
1200 mg/L
Trichloroethylene
0.054 mg/L
Vanadium
5.0 mg/L
Xylenes (total)
0.32 mg/L
Zinc, total
0.03 mg/L
Bylaw 2024-013
Page 61 of 63
SCHEDULE "G"
REMEDIAL ORDER
[METHOD OF SERVICE]
[DATE]
[ADDRESS]
Attention: [
]:
RE:
[Legal Description] _ (the "Property")
It has come to Vulcan County's attention that you, as the Owner/Occupant of the
Property, are in violation of Vulcan County's Water/Wastewater Utilities Bylaw
2024- 013 (the "Bylaw") by:
1.
2.
3.
A full copy of the Bylaw is available on Vulcan County's website. A full copy of
the Municipal Government Act, R.S.A. 2000 Chapter M-26 is available on the
Alberta King's Printer website.
In accordance with Section 545 of the Municipal Government Act, R.S.A. 2000
Chapter M-26, you are HEREBY ORDERED to take the following steps on or
before [ DATE]:
1.
2.
3.
Please be advised that failure to comply with these directions may result in
Vulcan County taking steps at your sole cost and expense to enforce the terms of
this Remedial Order. Such enforcement steps include, but are not limited to:
1. Entering upon the Property and taking any action necessary to bring the
Property into compliance with the Bylaw in accordance with Section 549
of the Municipal Government Act. Such action may include but is not
limited to all remedial action set out above including:
a)
b)
c)
Bylaw 2024-013
Page 62 of 63
2. Registering this Remedial Order against the Certificate of Title to the
Property pursuant to the Land Titles Act and Section 546.1 of the
Municipal Government Act;
3. Legal action including, but not limited to, injunctive relief from the Alberta
Court of King's Bench pursuant to Section 554 of the Municipal
Government Act; and
4. Issuing a Violation Ticket and seeking the imposition of fines and
penalties (maximum fine is$10,000.00) and a Compliance Order as
provided for in Section 566 and 567 of the Municipal Government Act.
Please be further advised that in the event that you do not comply with the terms
of this Remedial Order and Vulcan County is thereby required to take any or all
of the above noted enforcement steps, in accordance with Section 553 of the
Municipal Government Act, the costs of doing so, including but not limited to
solicitor and his own client costs, will be added to the tax roll of the Property.
Such amounts will form a special lien against the Property, will be deemed to be
property taxes, and will be subject to the same collection provisions as property
taxes.
You may request that the Vulcan County Council review this Remedial Order in
accordance with Section 547 of the Municipal Government Act by providing a
written request for review of the Remedial Order, including reasons for the
request, to the Vulcan County Council within 14 days of receipt of this Remedial
Order at the following address: Vulcan County Council, Box 180, 102 Centre
Street, Vulcan Alberta T0L2B0 Attention: Chief Administrative Officer.
Signed: ________________
Date: ________________
Bylaw 2024-013
Page 63 of 63
SCHEDULE 'H'
PENALTIES
Bylaw
Section
Description
First
Offence
Second
Offence
Third
Offence or
Subsequent
Offence
Schedule 'C'
Section 26
Polluted
Waste
$500
$1,000
Not less
than $1,000
and not
more than
$2500
Schedule 'D'
Section 11.1
Noise,
Pressure
surges, or
other
disturbances
$500
$750
Not less
than $750
and not
more than
$2500
Any bylaw
provision
other than
Section 26
of Schedule
'C' or
Section 7.1
or 11.1 of
Schedule 'D'
$100
$250
Not less
than $250
and not
more than
$2500
Water Use and Conservation Bylaw 2024-010 shall be referred to for
additional penalties associated with water use and wastage.