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Bylaw 2024-010
Water Use and Conservation Bylaw
Page 1 of 8
VULCAN COUNTY
BYLAW 2024-010
Being a bylaw of Vulcan County in the Province of Alberta to govern municipal supplied
water use and water conservation measures during events of water shortage or prolonged
drought.
WHEREAS pursuant to the Municipal Government Act, RSA 2000, Chapter M-26 as
amended, a municipal council has authority to govern and the authority to pass bylaws
respecting the municipality, including services provided by or on behalf of the municipality;
AND WHEREAS the Council of Vulcan County deems it advisable and necessary to make
provisions for the conservation and restriction of the use of water and for the protection of the
supply of water;
NOW THEREFORE the Council of Vulcan County, in the Province of Alberta, duly assembled
enacts as follows:
1. TITLE
1.1. This bylaw may be cited as the "Water Use and Conservation Bylaw".
2. DEFINITIONS
2.1. In this bylaw and any schedules to this bylaw, the following terms, phrases, words,
and their derivations shall have the following meanings:
a) CAO means the Chief Administrative Officer of Vulcan County.
b) Council means the duly elected Council of Vulcan County.
c) County means the municipality of Vulcan County in the Province of Alberta, or
where the context so requires, its municipal boundaries.
d) Non-Essential Water Use means the use of water that does not have any health
or safety impacts, is not required by regulation, or is not required by the County for
municipal purposes, and includes but is not limited to:
i.
washing or pressure washing streets, sidewalks, parking lots and other paved
areas, or building exteriors, unless necessary for maintaining public sanitation
or public safety;
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Water Use and Conservation Bylaw
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ii.
filling of recreational or decorative fountains, swimming pools, hot tubs, or
recreational facilities (skating, curling, pools, etc.);
iii.
water for construction purposes, such as grading and compacting;
iv.
any other uses deemed non-essential by the Chief Administrative Officer on an
event-specific basis, given the severity and specific circumstances of the
specific event.
e) Officer means any individual(s) designated and appointed from time to time by
Vulcan County for administration and enforcement of this bylaw and shall include
a Person designated as a Bylaw Enforcement Officer, a Peace Officer appointed
by the Province of Alberta, and any member of the Royal Canadian Mounted
Police.
f) Outdoor Water Use means the use of water outside of the building by customers,
occupants and/or owners for the purposes of:
i.
filling of outdoor pools, hot tubs or similar uses;
ii.
washing of vehicles, driveways, sidewalks, or garage floors
iii.
filling of any fountains, ponds, or other decorative features;
iv.
recreational use of sprinklers, water toys and wading pools;
v.
washing of exterior windows, siding, or stucco on buildings;
vi.
conducting any other outdoor water activity similar in nature to the
foregoing.
g) Person means any individual, corporation, society, association, partnership, or
firm.
h) Vehicle means a device in or by which someone travels, or something is carried
on or conveyed, including but not limited to cars, trucks, tractors, trailers,
recreational vehicles, all-terrain vehicles (ATVs) and motorcycles.
i) Violation Ticket means a ticket issued pursuant to Part 2 of the Provincial
Offences Procedures Act, R.S.A. 2000, Chapter P-34, and amendments made
thereto, and any Regulations made thereunder.
j) Water Restriction means the applicable restriction on water use imposed by the
CAO, as described in Schedule "A".
2.2. The headings in this bylaw do not form part of this bylaw and shall not affect its
interpretation.
2.3. Any references in this bylaw to any Statutes are to the Province of Alberta Statutes
as amended or replaced from time to time and any amendments thereto.
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2.4. Within the text of this Bylaw;
a) use of a pronoun or determiner which indicates one gender shall include all
genders unless the context requires otherwise, and
b) use of the singular shall include the plural and the plural shall include the singular
as the context requires.
2.5. The word 'may' when used in this bylaw shall be construed as permissive and
empowering, and the word 'shall' when used in this bylaw shall be construed as
imperative.
3. Water Conservation and Restriction Strategies
3.1. The determination as to when to declare a water shortage shall be solely at the
discretion of the CAO upon:
a) consultation with the Twin Valley Regional Water Commission, as the supplier of
water services, or
b) consultation with the senior management team, the Director of Emergency
Management, or the Vulcan County Regional Emergency Management
Partnership Advisory Committee.
3.2. These actions may become effective immediately and are at the CAO's discretion,
having regard to factors including the raw water reservoir or potable water reservoir
levels or the reliable raw water withdrawal rate. That may include, without limitation,
determining whether the reliable raw water withdrawal rate that feeds the potable
water system drops below:
a) the system-wide average annual daily raw water demand for a significant period,
or
b) the flow rate needed to adequately replenish the raw water reservoir in a timely
manner, or
c) any other flow associated with a critical water system issue that necessitates
Water Restrictions.
3.3. When the CAO has declared a state of water shortage:
a) The CAO may impose a Mandatory Water Conservation (Level 2), or Emergency
Water Restriction (Level 3) as set out in Schedule "A".
b) The CAO shall not be required to impose levels of restriction in successive stages
but may proceed to impose any level of restriction the CAO has determined is
warranted in the circumstances.
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3.4. The County shall provide notice of the state of water shortage and the Water
Restriction imposed through whatever media sources the CAO or designate
determines sufficient and may include but not be limited to, signage, website, social
media, and bulk mail notification, and/or local radio or television.
3.5. When the CAO has imposed a Mandatory Water Conservation (Level 2) or
Emergency Water Restriction (Level 3), no Person shall use County-supplied water
contrary to the restriction as set out in Schedule "A". This shall apply equally to all
regional customers outside the County boundary unless alternative arrangements are
made between the regional customer and the County.
3.6. The state of Water Restriction, once imposed, shall remain in effect until the CAO
declares that the risk to the overall water supply has improved to an acceptable level
and the Water Restriction has ended.
3.7. Regardless of any Water Restriction in effect, water conservation measures will be
promoted by encouraging the following conservation activities including, but not
limited to:
a) Not running partial loads in washing or dishwashing machines.
b) Curtailment of all non-essential maintenance operations that require large volumes
of water for recreational swimming pools, or other high-water use recreational
facilities.
c) Refraining from non-essential maintenance operations (those that do not impact
public health and safety).
3.8. Exceptions:
a) The CAO, at their discretion, may grant exceptions to the water use restrictions.
Examples may include, but are not limited to, Community Gardens, health and
safety, and critical commercial activities.
b) Water that a Person can establish is not supplied by the County is not subject to
these restrictions. Examples of alternate water supplies include, but are not limited
to, rain barrels filled by natural precipitation, private wells, or water purchased from
sources other than County-supplied water.
4. Wasting Water
4.1. All consumers or Persons are prohibited from wasting water.
4.2. No consumer or Person will allow potable water to run off the property as a result of
water uses including, but not limited to, over-watering of lawns, trees/shrubs or
gardens or broken irrigation.
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4.3. While washing of vehicles or surfaces is permitted, unless excepted by the issuance
of Emergency Water Restrictions (Level 3), the continuous or excessive use of water
for these purposes would be considered wasteful. The use of a spring-loaded trigger
spray nozzle is recommended to prevent such waste.
5. Enforcement
5.1. A Person who violates any section of this Bylaw is guilty of an offence and liable,
upon summary conviction, to a fine as set out in section 6 of this Bylaw.
5.2. An Officer who has reasonable grounds to believe a contravention of this Bylaw has
occurred or is occurring is authorized and empowered to:
a) Issue a verbal and/or written warning to the Person violating this Bylaw; and/or
b) Issue a Violation Ticket pursuant to Part II of the Provincial Offences Procedures
Act to the Person violating this Bylaw, with or without having issued any such
warning.
5.3. If a Violation Ticket is issued in respect of an offence, the Violation Ticket may:
a) Provide that the Person who committed the offence may, within a specified period,
pay a specified penalty as listed in section 6 of this Bylaw; or
b) Require a Person to appear in court without the alternative of making a voluntary
payment.
6. Penalties
6.1. A Person committing a breach of any of the provisions of this Bylaw, upon conviction
of breach thereof, shall be liable to a penalty as outlined below.
Item
1st Offence
2nd Offence
3rd Offence
Non-compliance with Seasonal
Watering Schedule
N/A
N/A
$100
Non-compliance with
Mandatory Water Conservation
Schedule (Level 2, Schedule
"A")
$100
$250
$800
Non-compliance with
Emergency Water Restrictions
(Level 3, Schedule "A")
$250
$800
$1,500
4.2 Wasting Water
$100
$250
$800
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7. Enforcement - Part 13 of Municipal Government Act
7.1. In addition to any penalty which may be imposed under this Bylaw, the County may
seek a court order granting relief in the nature of an injunction or any other order
necessary to enforce compliance. (including pursuant to Part 13 of the Municipal
Government Act).
8. General Provisions and Coming into Force
8.1. 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.
8.2. Nothing in this bylaw relieves any person from compliance with any other bylaw or
any applicable federal or provincial law, regulation, or enactment.
8.3. In the event of a conflict between this bylaw and any other bylaw or any applicable
federal or provincial law, regulation or enactment respecting public health and safety,
the other bylaw, law, regulation, or enactment shall prevail to the extent of the conflict.
8.4. This bylaw shall come into force and effect on the date of third and final reading.
8.5. Bylaw 2010-006 is hereby rescinded.
READ a first time on this 17th day of April, 2024.
READ a second time on this 17th day of April, 2024.
READ a third time on this 17th day of April, 2024.
[original signed]
________________________________
Jason Schneider, Reeve
[original signed]
________________________________
Nels Petersen, CAO
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SCHEDULE 'A'
Water Conservation Thresholds
Twin Valley Reservoir Level as
Recorded at EPA Station 05AC940
Conservation Level
Greater than 963.64
No Restrictions
962.50 to 963.63
Level 1
960.50 to 962.49
Level 2
Lower than 960.49
Level 3
Seasonal Watering (Level 1)
All Outdoor Water Use is permitted. The recommended hours for watering lawns, on the
days noted below, are:
-
6:00 am to 9:00 am, or
-
7:00 pm to 11:00 pm, or
-
2:00 am to 5:00 am, for automatic irrigation systems.
Use the last number of your civic address (odd or even) to determine your watering days.
Odd numbered addresses (ending in 1,3,5,7,9) may water on:
Wednesday, Friday, and Sunday
Even numbered addresses (ending in 0,2,4,6,8) may water on:
Tuesday, Thursday, and Saturday
Mandatory Water Conservation (Level 2)
All Outdoor Water Use is permitted, however watering of lawns, trees, and shrubs, is
restricted to the following schedule:
Watering may occur on prescribed days, only during the following hours:
-
6:00 am to 9:00 am, or
-
7:00 pm to 11:00 pm, or
-
2:00 am to 5:00 am, for automatic irrigation systems.
Odd numbered addresses (ending in 1,3,5,7,9) may water on:
Wednesdays and Sundays
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Even numbered addresses (ending in 0,2,4,6,8) may water on:
Tuesdays and Saturdays
Hand watering may be done at any time when using a watering container or a hose with a
spring-loaded trigger spray nozzle to water flower beds, vegetable gardens, or for newly
planted trees or shrubs until they are established.
Requests for site and condition-specific irrigation scheduling for commercial or industrial
operations, using a metered irrigation system, may be approved in writing by the CAO.
Requests for water restriction exemption permits, for newly seeded lawns or freshly planted
sod, may be applied for at the Municipal Office.
Bulk Water Sales may be restricted.
Emergency Water Restrictions (Level 3)
All Outdoor Water Use, watering of lawns, trees and shrubs, and Non-essential Water Use
is strictly prohibited.
Vegetable gardens may be hand-watered at any time when using a watering container or a
hose with a spring- loaded trigger spray nozzle.
Bulk Water Sales will be restricted, with consideration given through application to the CAO.