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Elected Official Initial ________
City Manager Initial ________
BYLAW NO. 2081-24
BEING A BYLAW OF THE CITY OF WETASKIWIN IN THE PROVINCE OF ALBERTA REGULATING
AND PROVIDING FOR THE TERMS, CONDITIONS, RATES AND CHARGES FOR THE SUPPLY
AND USE OF WATER SERVICES AND WASTEWATER SERVICES PROVIDED BY PEACE HILLS
UTILITIES INC. WITHIN THE CITY OF WETASKIWIN
WHEREAS pursuant to section 3 of the Municipal Government Act, RSA 2000, Chapter M-26, as
amended, the purposes of a municipality include providing services, facilities or other things that, in
the opinion of council, are necessary or desirable for all or a part of the municipality; and
WHEREAS pursuant to section 7(a) of the Municipal Government Act, a council of a municipality may
pass bylaws for municipal purposes respecting the safety, health and welfare of people and the
protection of people and property; and
WHEREAS pursuant to section 7(g) of the Municipal Government Act, a council of a municipality may
pass bylaws for municipal purposes respecting public utilities; and
WHEREAS the City of Wetaskiwin has contracted with Peace Hills Utilities Inc. for the provision of
water and wastewater utility services within the City; and
WHEREAS the City of Wetaskiwin wishes to set the terms and conditions, and rates and charges
under which water and wastewater utility services shall be provided by Peace Hills Utilities Inc.;
NOW THEREFORE the Council of the City of Wetaskiwin, in the Province of Alberta, duly assembled,
enacts as follows:
PART I - TITLE AND DEFINITIONS
1.
TITLE
1.1
This bylaw shall be known as the 'Water and Wastewater Bylaw'.
2.
PURPOSE
2.1
The purpose of this bylaw is to confirm that the City of Wetaskiwin (City) and Peace Hills
Utilities Inc. (PHU) have entered into an agreement for PHU to be the sole provider of Water
Services and Wastewater Services to Customers within the City and approve:
a)
rates, fees, and charges for Water Services and Wastewater Services provided by PHU
to Customers within the City; and
b)
terms and Conditions for Water Services and Wastewater Services, and a mechanism
whereby Utility Services Guidelines that are not inconsistent with this bylaw may be
implemented by PHU and amended or replaced from time to time.
3.
DEFINITIONS
3.1
In this Bylaw, unless the context otherwise requires:
a)
'Account' means an agreement between a Customer and PHU for the supply of
Utility Services of which the terms of this Bylaw shall form a part and includes the
amounts payable from time to time by the Customer to PHU;
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 2 of 59
b)
'Accredited Laboratory' means any laboratory accredited by an authorized
accreditation body in accordance with a standard based on 'CAN-P-1585:
Requirements for the Accreditation of Environmental Testing Laboratories' established
by the Standards Council of Canada, as amended, or 'ISO/IEC/EN 17025: General
Requirements for Competence of Calibration and Testing Laboratories' established by
the International Organization for Standardization, as amended;
c)
'Additional Overstrength Surcharge' means a rate, fee, or charge imposed upon a
Person who releases Wastewater to the Wastewater System that exceeds one or
more constituent concentrations set out in Column 'B' of Schedule 'F';
d)
'Alberta Private Sewage Systems Standard of Practice' means the Alberta
Private Sewage Systems Standard of Practice 2015, adopted by the Private
Sewage Disposal Systems Regulation, A/R 229/97, as amended or replaced
from time to time;
e)
'Best Management Practices (BMP)' means an integrated plan to control and
reduce the release of Restricted Waste and Prohibited Waste into the Wastewater
System to a practicable extent, through methods including physical controls, Pre-
Treatment processes, operational procedures, and staff training;
f)
'Biochemical Oxygen Demand (BOD)' means the five-day BOD which is the
determination of the molecular oxygen utilized during a five-day incubation period for
the biochemical degradation of organic material (carbonaceous demand), and the
oxygen used to oxidize inorganic material such as sulphides and ferrous iron, and the
amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand)
as determined by the appropriate procedure in Standard Methods;
g)
'Biomedical Waste' means biomedical waste as defined in the Waste Control
Regulation;
h)
'Blowdown Water' means recirculating water that is discharged from a cooling or
heating water system for the purpose of controlling the level of water in the system or
for the purpose of discharging from the system materials contained in the system, the
further build-up of which would or might impair the operation of the system;
i)
'Chemical Oxygen Demand (COD)' means a measure of the capacity of water to
consume oxygen as a result of oxidation of inorganic chemicals and decomposition of
organic Matter;
j)
'City Manager' means the Chief Administrative Officer of the City or the Chief
Administrative Officer's delegate;
k)
'City' means the municipal corporation of the City of Wetaskiwin and its duly
authorized employees, agents, contractors, and other representatives or the
geographic area contained within the boundaries thereof, as the context requires;
l)
'Clear-Water Waste' includes Non-Contact Cooling Water and other water that
has not come into contact with Wastewater contaminant sources;
m)
'Code of Practice' means a set of practices applicable to specific Designated Sector
Operations; a code of practice identifies mandatory procedures, equipment, training,
or other provisions required as a condition of Wastewater discharge into the
Wastewater System. A code of practice may be included in approved Best
Management Practices;
n)
'Combustible Liquid' means a liquid that has a flash point not less than 37.8
degrees Celsius and not greater than 93.3 degrees Celsius;
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 3 of 59
o)
'Compliance Program' means the necessary steps undertaken by a Customer to
bring Wastewater discharged into the Wastewater System into compliance with the
terms and conditions of this Bylaw or related permit. Compliance Programs are
applicable to existing Customers only; new Customers must fully comply with the
requirements of this bylaw;
p)
'Composite Sample' means a volume of Wastewater made up of four or more
Grab Samples that have been combined automatically or manually and taken at
intervals during the sampling periods;
q)
'Cooling Water' means water that is used in a process for the purpose of removing heat
and that has not, by design, come into contact with any raw material, intermediate
product, waste product or finished product, but does not include Blowdown Water;
r)
'Council' means the municipal council of the City;
s)
'Cross Connection' means any temporary, permanent, or potential connection of
any piping, fixture, fitting, container, or appliance to the Water System that may allow
backflow to occur, including but not limited to: swivel or changeover devices,
removable sections, jumper connections, and bypass arrangements;
t)
'Cross Connection Control Device' means a testable Canadian Standards
Association (CSA) certified device that prevents the backflow of water;
u)
'Curb Stop' means a valve connected to a Service Connection enabling the turning-
on and shutting-off of the water supply to a Customer's Property;
v)
'Customer' means any Person receiving Utility Services and, where the context or
circumstances so require, includes any Person who is named on an Account, or who
makes or has made an application for Utility Services or otherwise seeks to receive
Utility Services, and also includes any Person acting as an agent or representative of
a Customer;
w)
'Dental Amalgam' means a dental filling material consisting of an amalgam of
mercury, silver, and other materials such as copper, tin, or zinc;
x)
'Dental Amalgam Separator' means any technology, or combination of
technologies, designed to separate Dental Amalgam particles from dental
operation Wastewater;
y)
'Designated Sector Operations' means Industrial, commercial, or Institutional
sectors required to adopt Codes of Practice;
z)
'Domestic Wastewater' means sanitary Wastewater produced on a residential
premises, or sanitary waste and Wastewater from sanitary facilities produced on a
non-residential property;
aa)
'Dwelling' means a private residence with sleeping and cooking facilities used or
intended to be use as a residence;
bb)
'Engineering Design Standards' means the City's Minimum Engineering Design
Standards, or in the absence of such standards, generally accepted municipal
engineering standards;
cc)
'Emergency' means a condition that creates an imminent danger or a real
possibility of Property damage, or personal injury, or when a condition or situation
is declared to be an emergency by Council, or the Federal or Provincial Crown, or
other civil authority having jurisdiction;
dd)
'Facilities' means any infrastructure forming part of:
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Water and Wastewater Bylaw
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i.
the Water System, including without limitation: water treatment plants,
reservoirs, pumping stations, Water Mains, Water Service Lines, bulk water
stations, Curb Stops, valves, fittings, fire hydrants, chambers, Meters, Cross
Connection Control Devices, and all other equipment and machinery of
whatever kind owned by the City or PHU that is used to produce and supply
potable water to Customers, or
ii.
the Wastewater System, including without limitation: Wastewater treatment
plants, Wastewater lagoons, pumping stations, Wastewater Mains,
Wastewater Service Lines, valves, fittings, chambers and all other
equipment and machinery of whatever kind owned by the City or PHU that
is used for the collection, transmission, treatment and disposal of
Wastewater, as the context requires;
ee)
'Fees and Charges Bylaw' means Bylaw 2045-23, as amended or repealed and
replaced from time to time;
ff)
'Flashpoint' means the temperature at which enough vapour collects on the
surface of a liquid to become flammable. The lower the flashpoint, the more
flammable the material is;
gg)
'Fuel' means alcohol, gasoline, naphtha, diesel fuel, fuel oil, or any other ignitable
substance intended for use as a fuel;
hh)
'Grab Sample' means a volume of Wastewater, Storm Water, or Uncontaminated
Water which is collected over a period not exceeding 15 minutes;
ii)
'Groundwater' means water beneath the earth's surface accumulating as a
result of seepage;
jj)
'Hauled Waste' means any Industrial waste which is transported to and deposited
into any location in the Wastewater System, excluding Hauled Wastewater;
kk)
'Hauled Wastewater' means Wastewater removed from a collection system,
including a cesspool, a septic tank system, a privy vault or privy pit, a chemical toilet,
a portable toilet or a Wastewater holding tank;
ll)
'Hazardous Substance' means:
i.
any substance or mixture of substances, other than a Pesticide, that exhibits
characteristics of flammability, corrosivity, reactivity, or toxicity, and
ii.
any substance that is designated as a hazardous substance within the
meaning of the Environmental Protection and Enhancement Act and Waste
Control Regulation;
mm)
'Ignitable Waste' means a substance that is:
i.
a liquid, other than an aqueous solution containing less than 24 percent
alcohol by volume and has a Flashpoint less than 93 degrees Celsius, as
determined by the Tag Closed Cup Tester (ASTM D-56- 97a), the Setaflash
Closed Cup Tester (ASTM D-3828-97 or ASTM D- 3278-96e1), the Pensky-
Martens Closed Cup Tester (ASTM D-93-97), or as determined by an
equivalent test method,
ii.
a solid and is capable, under standard temperature and pressure, of causing
fire through friction, absorption of moisture, or spontaneous chemical
changes and, when ignited, burns so vigorously and persistently that it
creates a danger,
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 5 of 59
iii.
a compressed gas within the meaning of the Dangerous Goods
Transportation and Handling Regulation and the Dangerous Goods
Transportation and Handling Act, or
iv.
an oxidizing substance within the meaning of the Dangerous Goods
Transportation
and
Handling
Regulation
and
Dangerous
Goods
Transportation and Handling Act;
nn)
'Industrial' means of or pertaining to manufacturing, commerce, trade, or
business, as distinguished from domestic or residential;
oo)
'Industrial Customer' means any Owner or operator of Industrial, commercial, or
Institutional premises from which there is a discharge of any Matter directly or
indirectly into the Wastewater System;
pp)
'Inspector' means a Person authorized by PHU to conduct inspections, take
measurements, conduct sampling, and perform testing, as contemplated in this Bylaw;
qq)
'Institution' means a facility, usually owned by a government, operated for public
purposes, such as schools, universities, medical facilities (hospitals, nursing stations,
nursing homes), museums, prisons, government offices, military bases. Some of
these facilities produce non- residential discharges to the Wastewater System from,
for example, laboratories, chemical use, or Industrial processes;
rr)
'Institutional' means of or pertaining to an Institution;
ss)
'Interceptor' means a receptacle that is installed to prevent oil, grease, sand,
Dental Amalgam, or other materials from passing into the Wastewater
System;
tt)
'Lower Explosive Limit (LEL)' means the concentration of a gas or vapour in the air.
Below the LEL, there is not enough vapour in the air to fuel a fire;
uu)
'Matter' includes any solid, liquid or gas;
vv)
'Meter' means the individual or compound water meter and all other equipment and
instruments, including but not limited to, radio frequency units and remote meter
reading devices supplied and used by PHU to calculate and register the amount of
water consumed relative to the land and buildings that the Meter is designed to
monitor;
ww)
'Monitoring Access Point' means an access point, such as a chamber, in a
Private Wastewater Line to allow for observation, sampling, and flow
measurement of the Wastewater, Uncontaminated Water, or Storm Water
therein;
xx)
'Multiple Dwelling' means a wholly or partially residential development
containing more than one Dwelling, whether or not the development is within a
single building;
yy)
'Municipal Tag' means a tag or similar document issued by the City pursuant
to the Municipal Government Act that alleges a bylaw offence and provides a
Person with the opportunity to pay an amount to the City in lieu of prosecution
for the offence;
zz)
'Non-Contact Cooling Water' means water which is used to reduce temperature
for the purpose of cooling, and which does not come into direct contact with any
raw material, intermediate, or finished product other than heat;
aaa)
'Non-Domestic Wastewater' means all Wastewater except Domestic
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Water and Wastewater Bylaw
Page 6 of 59
Wastewater and Uncontaminated Water;
bbb)
'Occupant' means a Person occupying a Property, including a lessee or licensee,
who has actual use, possession, or control of the Property;
ccc)
'Oil and Grease' means n-Hexane extractable Matter as described in Standard Methods;
ddd)
'Oil - Water Separator' means a three-stage oil-water separator that meets the
Standard for Oil-Water Separators (ULC-S656-14) prepared by Underwriters'
Laboratories of Canada or the equivalent oil-water separation technology able to
achieve a Wastewater quality of 100 mg/L of Oil and Grease (mineral-
synthetic/hydrocarbons) or less;
eee)
'Overstrength' means Wastewater released to the Wastewater System that is higher
in concentration for one or more constituent concentrations set out in Schedule 'F' of
this bylaw;
fff)
'Overstrength Surcharge' means a rate, fee, or charge imposed upon a Person
who releases Wastewater to the Wastewater System that exceeds one or more
constituent concentrations set out in Column 'A' of Schedule 'F'
ggg)
'Owner' means:
i.
in the case of land, the Person who is registered under the Land Titles Act
as the owner of the fee simple estate in the parcel of land; or
ii.
in the case of any property other than land, the Person in lawful possession of it;
hhh)
'Pathological Waste' means pathological waste within the meaning of the federal
Human Pathogens and Toxins Act;
iii)
'PCBs' means any monochlorinated or polychlorinated biphenyl or any mixture of
them or mixture that contains one or more of them;
jjj)
'PHU' means Peace Hills Utilities Inc. and its duly authorized employees,
agents, contractors, and other representatives as the context requires;
kkk)
'Peace Officer' includes a Bylaw Enforcement Officer appointed by the City, a
Community Peace Officer whose appointment includes enforcement of the City's
bylaws, and a member of the Royal Canadian Mounted Police;
lll)
'Person' means any individual, firm, partnership, association, corporation, trustee,
executor, administrator, or other legal representative to whom the context applies
according to law;
mmm) 'Pesticide' means a pesticide regulated under the Pest Control Products Act, the
Pesticide (Ministerial) Regulation, and/or Pesticide Sales, Handling, Use and
Application Regulation;
nnn)
'Pre-Treatment' means the reduction, elimination, or alteration of Matter in
Wastewater prior to discharge into the Wastewater System. This reduction or
alteration can be obtained by physical, chemical, or biological processes, through
pollution prevention, or by other means, except by diluting the concentration of the
pollutants;
ooo)
'Private Wastewater Disposal System' means a system for the treatment and
disposal of Wastewater that is not connected to the Wastewater System, including
on-site Wastewater treatment systems as defined in the Alberta Private Wastewater
Systems Standard of Practice;
ppp)
'Private Wastewater Line' means that portion of a Service Connection, which
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 7 of 59
extends from the Service Connection Point to and within a Customer's Property,
comprised of the Customer-owned assembly of pipes, fittings, fixtures, traps, and
appurtenances for the collection and transmission of Wastewater into the
Wastewater System;
qqq)
'Private Water Line' means that portion of a Service Connection, which extends
from the Service Connection Point to and within a Customer's Property, comprised of
the Customer- owned assembly of pipes, fittings, fixtures, traps and appurtenances
for providing water to a Customer's Property, excluding the Meter supplied by PHU
and owned by the City;
rrr)
'Prohibited Waste' means prohibited waste as defined in Schedule 'D' of this bylaw;
sss)
'Property' means:
i.
in the case of land, a parcel of land including any buildings, or
ii.
in other cases, personal property;
ttt)
'Reactive Waste' means a substance that:
i.
is normally unstable and readily undergoes violent changes without detonating,
ii.
reacts violently with water,
iii.
forms potentially explosive mixtures with water
iv.
When mixed with water, generates toxic gases, vapours, or fumes in a quantity
sufficient to present danger to human health or the environment:
-
is a cyanide or sulphide bearing waste which, when exposed to pH
conditions between 2 and 12.5, can generate toxic gases, vapours, or
fumes in a quantity sufficient to present danger to human health or the
environment;
-
is capable of detonation or explosive reaction if it is subjected to a strong
initiating source or if heated under confinement;
-
is readily capable of detonation or explosive decomposition or reaction at
standard temperature and pressure; or
-
is an explosive as defined in the regulations under the Explosives Act;
uuu)
'Recreational Vehicle' means a vehicular or trailer type unit designed to provide
temporary living quarters for recreational, camping, travel, or seasonal use;
vvv)
'Restricted Waste' means restricted waste as defined in Schedule 'E' of this bylaw;
www) 'Sampling Port' means a valve, tap, or similar device on equipment, a drainpipe or at
another suitable location, to allow for sampling, consistent with technical guidelines that
PHU may establish or adopt from time to time;
xxx)
'Service Connection' means all the Facilities required to achieve a physical connection
between:
i.
a Water Main and the structure, improvement, or location that receives
Water Services, to allow a Customer to receive potable water, which
includes a Water Service Line, a Service Connection Point, and a Private
Water Line, or
ii.
a Wastewater Main and the structure, improvement, or location that receives
Wastewater Services, to allow a Customer to discharge Wastewater, which
includes a Wastewater Service Line, a Service Connection Point, and a
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 8 of 59
Private Wastewater Line as the context requires;
yyy)
'Service Connection Point' means the point on the Service Connection where:
i.
a Water Service Line physically connects to a Private Water Line, or
ii.
a Wastewater Service Line physically connects to a Private Wastewater Line;
zzz)
'Spill' means a direct or indirect discharge into the Wastewater System which is
abnormal in quantity or quality in light of all the circumstances of the discharge;
aaaa) 'Standard Methods' means a procedure or method set out in Standard Methods for the
Examination of Water and Wastewater published jointly by the American Public Health
Association, American Water Works Association, and the Water Environment
Federation, recent or latest edition, or approved in writing by PHU;
bbbb) 'Storm Sewer' means a pipe, conduit, drain, open channel or ditch for the collection and
transmission of Uncontaminated Water, Storm Water, drainage from land or from a
Watercourse, or any combination thereof;
cccc) 'Storm Water' means the water running off the surface of a drainage area during and
immediately after a period of rain or snow melt;
dddd) 'Subsidiary Meter' means a privately owned Meter installed on Property at the
Customer's expense and utilized strictly for the Customer's purposes;
eeee) 'Subsurface Water' means Groundwater including foundation drain water;
ffff)
'Terms and Conditions' means the terms and conditions in respect of Water
Services and Wastewater Services described in the Schedules of this bylaw;
gggg) 'Total Suspended Solids (TSS)' means insoluble Matter in liquid that is
removable by filtration, as determined by the appropriate procedure described in
Standard Methods;
hhhh) 'Toxic Substance' means any substance defined as toxic under the
Environmental Protection Act 1999, and within the meaning of Alberta's
Waste Control Regulation;
iiii)
'Uncontaminated Water' means water with a level of quality which is typical of potable
water normally supplied by PHU;
jjjj)
'Utility Services' means Water Services or Wastewater Services or both;
kkkk) 'Utility Services Guidelines' means those guidelines, procedures, protocols,
requirements, specifications or standards adopted by PHU from time to time pursuant to
Section 8 of this bylaw;
llll)
'Violation Ticket' has the same meaning as in the Provincial Offences Procedure Act;
mmmm) 'Waste Disposal Site Leachate' means the liquid containing dissolved or suspended
contaminants which emanates from waste (solid waste or garbage) and is produced by
water percolating through waste or by liquid in waste;
nnnn) 'Waste Radioactive Substances' means substances defined in the federal Nuclear
Safety and Control, and the regulations passed thereunder;
oooo) 'Wastewater' means the composite of water and water-carried wastes discharged from
residential, commercial, Industrial, or Institutional Properties;
pppp) 'Wastewater Discharge Permit' means a permit issued pursuant to this bylaw by PHU,
or an authorized representative of PHU, which authorizes and/or governs the discharge
of Wastewater or other Matter into the Wastewater System;
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 9 of 59
qqqq) 'Wastewater Main' means those pipes installed for the collection and transmission of
Wastewater within the City to which a Service Connection may be connected;
rrrr)
'Wastewater Service Line' means that portion of a Service Connection owned by the City
that extends from the Wastewater Main to the Service Connection Point;
ssss) 'Wastewater Services' includes the collection, transmission, treatment, and disposal of
Wastewater within the City, as applicable, and associated services offered to the
Customer under this bylaw;
tttt)
'Wastewater Sludge' means solid material recovered from the Wastewater treatment
process;
uuuu) 'Wastewater System' means the Facilities used for the collection, transmission,
treatment, and disposal of Wastewater within the City, which is deemed to be a public
utility within the meaning of the Municipal Government Act;
vvvv) 'Wastewater Treatment Facility' means any structure or thing used for the physical,
chemical, biological, or radiological treatment of Wastewater, and includes sludge
treatment, Wastewater Sludge storage and disposal facilities;
wwww) 'Watercourse' means an open channel, ditch, or depression, either natural or artificial,
in which flow of water occurs either continuously or intermittently.
xxxx) 'Water Conservation and Demand Management Measures' means restrictions upon
the use of water for non-essential purposes, including but not limited to:
i.
irrigation,
ii.
watering livestock,
iii.
washing of vehicles, driveways or sidewalks, and
iv.
any other purpose where water is utilized externally to a building and on any
certain day or for a certain time period;
yyyy) 'Water Main' means those pipes installed for the conveyance of potable water within the
City to which Service Connections may be connected;
zzzz) 'Water Service Line' means that portion of a Service Connection owned by the City that
extends from the Water Main to the Service Connection Point;
aaaaa) 'Water Services' means the provision of potable water within the City to a Customer's
Property and associated services offered to the Customer under this bylaw; and
bbbbb) 'Water System' means the Facilities used to supply potable water to Customers within
the City, which is deemed to be a public utility within the meaning of the Municipal
Government Act.
PART II - PROVISION OF UTILITY SERVICES
4.
UTILITY SERVICES PROVIDED BY PHU
4.1
The City and PHU have entered into an agreement for PHU to be the sole provider of Utility
Services within the City's boundaries.
4.2
PHU shall provide the Utility Services within the City's boundaries in accordance with the terms
and conditions of this bylaw and at the rates, fees and charges set out within this bylaw and the
Fees and Charges Bylaw.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 10 of 59
4.3
PHU shall, in accordance with the terms and conditions in this bylaw, be responsible for the
operation and management of the Water System and the Wastewater System used to provide
Utility Services.
4.4
As set out within section 11 of Schedule 'A' of this bylaw, the City maintains ownership of all
Facilities.
5.1
OTHER PUBLIC UTILITIES PROHIBITED
5.1
Except as set out within this bylaw, no Person shall provide a service within the City that is
similar in type to the Utility Services provided pursuant to this bylaw.
6.
TERMS AND CONDITIONS
6.1
All Utility Services shall be provided in accordance with Schedules 'A', 'B' and 'C' of this
bylaw, as applicable.
7.
RATES< FESS AND CHARGES
7.1
PHU will provide Utility Services to Customers within the City at the rates, fees or other
charges specified in this bylaw and the Fees and Charges Bylaw, as may be amended by
Council by bylaw from time to time.
7.2
Where rates, fees, or charges have not been established in this bylaw or the Fees and
Charges Bylaw for a particular service, PHU may establish charges for services provided.
Without limiting the generality of the foregoing, PHU may establish charges for the following:
a)
meter accuracy tests;
b)
meter resizing;
c)
repair or replacement of damaged City Facilities where the Facilities are under the
Customer's care or have been operated or interfered with by the Customer;
d)
missed appointment;
e)
fire hydrant permits;
f)
construction water;
g)
after hours service callout;
h)
frozen/damaged Meter.
7.3
Subject to subsection (4), additional services provided by PHU to a Customer will be billed to
the Customer in accordance with an agreement between the Customer and PHU.
7.4
Additional costs arising from:
a)
requirements or requests for specific non-routine services not more particularly
described in this section or the acts or omissions of any particular Customer or defined
group of Customers, or
b)
repairs or remedies of any loss or damage to Facilities or other property that is caused
by a Customer or any other party for whom a Customer is responsible in law, including,
without limitation, any costs or damages described in any judgment of a court in PHU's
favour may, at PHU's sole option (and in addition to any other legally available
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 11 of 59
remedies), be added to a Customer's Account as an additional amount due and payable
by the Customer to PHU.
8.
UTILITY SERVICE GUIDELINES
8.1
Subject to subsection 8.2, the PHU may adopt, amend, repeal, and replace Utility Services
Guidelines from time to time as the PHU deems advisable.
8.2
Utility Services Guidelines must not be inconsistent with this bylaw, and in the event of an
inconsistency, this bylaw shall prevail.
8.3
Without limiting the generality of subsection 8.1, Utility Service Guidelines may deal with any
or all of the following subject matters:
a)
procedures or requirements that a Customer must comply with before a Service
Connection is installed or activated, or before Utility Services are provided, or as a
condition of ongoing provision of Utility Services;
b)
Customer Accounts, including, without limitation, provisions or requirements
concerning:
i.
opening an Account,
ii. making payments on an Account,
iii. consequences for failure to pay Accounts in full,
iv. lost bills,
v. dishonoured cheques,
vi. collection of delinquent Accounts,
vii. adjusting improperly billed Accounts,
viii. Utility Services application fees,
ix. handling of confidential Customer Account information,
x. closing an Account, and
xi. any other matter relating to Customer Accounts;
c)
measurement of water consumption, including without limitation to the provision or
requirements concerning:
i.
meter inspection and testing,
ii. meter settings,
iii. chambers and installations,
iv. meter reading,
v. disputes concerning meter data,
vi. estimates of consumption or Subsidiary Meters,
vii. remote meter reading devices,
viii. relocation of meters,
ix. access for meter readers, and
x. adjustments to bills when meters have malfunctioned;
Bylaw No. 2081-24
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d)
procedures or requirements concerning investigating Customer complaints and
concerns;
e)
procedures or requirements for provision of temporary Water Services, including
without limitation to Water Services provided during the construction phase of a
development;
f)
procedures or requirements that a Customer must comply with in order to access a
bulk water station;
g)
procedures or requirements for upgrading, re-sizing, relocating, or otherwise
changing a Service Connection, whether at the instigation of PHU or at the request of
a Customer or the City;
h)
the turn-on and turn-off of Water Services, whether at the instigation of PHU or at
the request of a Customer or the City; and
i)
supply of water for firefighting purposes, including without limitation to procedures
or requirements concerning the maintenance of public and private fire hydrants and
permissible use of water from fire hydrants.
9.
NOTICES
9.1
In any case in which written notice is required to be provided to a Customer pursuant to this
bylaw, the PHU may serve notice:
a)
personally;
b)
by mailing or delivering a copy of the notice to the last known address of the
Customer as disclosed by the Customer to PHU or as shown on the certificate of
title for the Property where Utility Services are provided;
c)
by email, if the Customer has consented to receive documents from PHU
electronically and has provided an email address to PHU for that purpose; or
d)
if the Customer does not answer the door when personal delivery is attempted, by
placing the written notice on the door of the Property where Utility Services are
provided.
10.
AUTHORITY OF THE PHU
10.1
Without restricting any other power, duty or function granted by this bylaw, the PHU is
authorized to, in accordance with this bylaw and all other applicable laws:
a)
take any steps and carry out any actions required to give effect to, and enforce,
the provisions of this bylaw;
b)
establish forms for the purpose of this bylaw; and
c)
delegate any powers, duties, or functions under this bylaw to an employee, agent,
contractor, or other representative of PHU.
PART III - ENFORCEMENT
11.
OFFENCE
11.1
A Person who contravenes any provision of this bylaw is guilty of an offence.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 13 of 59
12.
CONTINUING OFFENCE
12.1
In the case of an offence that is of a continuing nature, a contravention constitutes a
separate offence in respect of each day, or part of a day, on which it continues and a Person
guilty of such an offence is liable to a fine in an amount not less than that established by this
bylaw for each such day.
13.
VICARIOUS LIABLITY
13.1
For the purposes of this bylaw, an act or omission by an employee or agent of a Person is
deemed also to be an act or omission of the Person if the act or omission occurred in the
course of the employee's employment with the Person, or in the course of the agent's
exercising the powers or performing the duties on behalf of the Person under their agency
relationship.
14.
CORPORATIONS AND PARTNERSHIPS
14.1
When a corporation commits an offence under this bylaw, every principal, director, manager,
employee, or agent of the corporation who authorized the act or omission that constitutes the
offence or assented to or acquiesced or participated in the act or omission that constitutes
the offence is guilty of the offence whether or not the corporation has been prosecuted for the
offence.
14.2
If a partner in a partnership is guilty of an offence under this bylaw, each partner in that
partnership who authorized the act or omission that constitutes the offence or assented to or
acquiesced or participated in the act or omission that constitutes the offence is guilty of the
offence.
15.
FINES AND PENALTIES
15.1
A Person who is guilty of an offence is liable to a fine in an amount not less than $100.00 and
not exceeding $10,000.00.
15.2
Without restricting the generality of subsection 15.1 the fine amounts established for use on
Municipal Tags and Violation Tickets, if a voluntary payment option is offered, are as set out in
Schedule 'G' of this bylaw.
16.
MUNICIPAL TAG
16.1
A Peace Officer is hereby authorized and empowered to issue a Municipal Tag to any
Person who the Peace Officer has reasonable and probable grounds to believe has
contravened any provision of this bylaw.
16.2
A Municipal Tag may be issued to such Person:
a)
either personally; or
b)
by mailing a copy to such Person at their last known post office address.
16.3
The Municipal Tag shall be in a form approved by the City Manager and shall state:
a)
the name of the Person;
b)
the offence;
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 14 of 59
c)
the specified penalty established by this Bylaw for the offence;
d)
that the penalty shall be paid within thirty (30) days of the issuance of the Municipal
Tag; and
e)
any other information as may be required by the City Manager.
17.
PAYMENT IN LIU OF PROSECUTION
17.1
Where a Municipal Tag is issued pursuant to this bylaw, the Person to whom the Municipal
Tag is issued may, in lieu of being prosecuted for the offence, pay to the City the penalty
specified within the time period indicated on the Municipal Tag.
18.
VIOLATION TICKET
18.1
If a Municipal Tag has been issued and if the specified penalty has not been paid within the
prescribed time, then a Peace Officer is hereby authorized and empowered to issue a
Violation Ticket pursuant to the Provincial Offences Procedure Act.
18.2
Notwithstanding subsection 18.1, a Peace Officer is hereby authorized and empowered to
immediately issue a Violation Ticket pursuant to the Provincial Offences Procedure Act to
any Person who the Peace Officer has reasonable and probable grounds to believe has
contravened any provision of this bylaw.
18.3
Subject to the Provincial Offences Procedure Act and the regulations thereunder, if a
Violation Ticket is issued in respect of an offence, the Violation Ticket may:
a)
specify the fine amount established by this bylaw for the offence; or
b)
require a Person to appear in court without the alternative of making a voluntary
payment.
19.
VOLUNTARY PAYMENT
19.1
A Person who commits an offence may:
a)
if a Violation Ticket is issued in respect of the offence; and
b)
if the Violation Ticket specifies the fine amount established by this bylaw for the offence;
c)
make a voluntary payment by submitting to a Clerk of the Provincial Court, on or before
the initial appearance date indicated on the Violation Ticket, the specified penalty set out
on the Violation Ticket.
20.
OBSTRUCTION
20.1
No Person shall obstruct, hinder, or impede any authorized representative of the City in the
exercise of any of their powers or duties pursuant to this bylaw.
PART IV - GENERAL
21.
APPLICATION
21.1
Nothing in this bylaw relieves a person from complying with any provision of any federal or
provincial law or regulation, other bylaw or any requirement of any lawful permit, order, or
license
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 15 of 59
21.2
Any heading, sub-headings, or tables of contents in this bylaw are included for guidance
purposes and convenience only and shall not form part of this bylaw.
21.3
Specific reference to other bylaws, statutes and regulations are intended to refer to the
current laws applicable within the Province of Alberta as at the time this bylaw is enacted,
and as such may be amended from time to time, including successor legislation.
22.
SCHEDULES
22.1
The following schedules are included in, and form part of, this bylaw:
a)
Schedule 'A' - General Terms and Conditions of Utility Services;
b)
Schedule 'B' - Terms and Conditions of Water Services;
c)
Schedule 'C' - Terms and Conditions of Wastewater Services;
d)
Schedule 'D' - Prohibited Wastes;
e)
Schedule 'E' - Restricted Wastes;
f)
Schedule 'F' - Wastewater Overstrength Limits; and
g)
Schedule 'G' - Specified Penalties.
23.
SEVERABILITY
23.1
Every provision of this bylaw is independent of all other provisions and if any provision of this
bylaw is declared invalid for any reason by a Court of competent jurisdiction, all other
provisions of this bylaw shall remain valid and enforceable.
24.
TRANSITION
24.1
This bylaw repeals Bylaw No. Water and Wastewater Bylaw No. 2020-22.
24.2
This bylaw shall come into force upon third and final reading.
READ a first time this 9th day of December, 2024
READ a second time this 9th day of December, 2024
READ a third time this 13th day of January, 2025
Original Signed & Sealed
Tyler Gandam, Mayor
Original Signed & Sealed
Sue Howard, City Manager
SCHEDULE 'A'
GENERAL TERMS AND CONDITIONS OF UTILITY SERVICES
PART I - GENERAL WATER AND WASTEWATER PROVISIONS
1.
Duty to Supply
1.1
PHU, as the sole provider of Water Services within the City's boundaries, shall, insofar as
there is sufficient capacity and supply, supply Water Services, upon such terms as set out
within this bylaw and the Utility Services Guidelines, to any Customer within the City situated
along a Water Main.
1.2
PHU, as the sole provider of Wastewater Services within the City's boundaries, shall, insofar
as there is sufficient capacity and supply, supply Wastewater Services, upon such terms as
set out within this Bylaw and the Utility Services Guidelines, to any Customer within the City
situated along a Wastewater Main.
1.3
All Utility Services provided by PHU shall be provided in accordance with these Terms and
Conditions, and these Terms and Conditions shall apply to and be binding upon all
Customers receiving Utility Services from PHU.
2.
No Guarantee of Continuous Supply
2.1
Neither the City nor PHU guarantee or warrant the continuous supply of potable water and
PHU reserves the right to change the operating pressure, restrict the availability of Water
Services, or to disconnect or shut-off Water Services, in whole or in part, with or without
notice, in accordance with this bylaw.
2.2
Customers depending upon a continuous and uninterrupted supply or pressure of water or
who require or have processes or equipment that require particularly clear or pure water shall
provide such facilities, as they are considered necessary, to ensure a continuous and
uninterrupted supply, pressure or quality of water required for this use. Neither the City nor
PHU assume responsibility for same.
2.3
Neither the City nor PHU guarantee or warrant the continuous capacity to collect, store, and
transmit Wastewater and PHU reserves the right to restrict the availability of Wastewater
Services or to disconnect or shut-off Wastewater Services, in whole or in part, with or without
notice, in accordance with this bylaw.
2.4
Neither the City nor PHU shall be liable for damages, including losses caused by a break
within the Water System or Wastewater System or caused by the interference or cessation of
water supply including those necessary or advisable regarding the repair or proper
maintenance of the Water System or Wastewater System, or generally for any accident due
to the operation of the Water System or Wastewater System or for the disconnection of a
Service Connection or shut-off of a Utility Service, nor by reason of the water containing
sediments, deposits, or other foreign Matter.
PART II - SERVICE CONNECTIONS
3.
Application for Service Connection
3.1
A Customer requesting Utility Services involving a new Service Connection shall apply to
PHU by submitting an application in a form acceptable to, or adopted by, PHU paying all
associated fees and supplying information regarding the location of the Property to be
served, the manner in which the Service Connection will be utilized, and any other
information that may be reasonably required by PHU.
3.2
Without limiting the generality of subsection 3.1, PHU may require a Customer, in
conjunction with an application under subsection 3.1, to submit a water modelling
application, in a form acceptable to or adopted by PHU, along with any associated fee,
which application may be utilized to determine if the requested Service Connection is
feasible.
3.3
Upon receipt of all required application documents, information and fees, verification of the
Customer's identity and the accuracy of the information, PHU will advise the Customer
whether and on what terms PHU is prepared to supply Utility Services to the Customer, the
type and character of the Service Connection(s) it is prepared to approve for the Customer,
and any conditions, including without limitation, payments by the Customer, that must be
satisfied as a condition of installation of a Service Connection(s) and supply of Utility
Services.
4.
Easements and Rights-of-Way
4.1
At the request of PHU, the Customer shall grant or cause to be granted to PHU, without cost
to PHU, such easements or rights-of-way over, upon, or under Property owned or controlled
by the Customer as PHU may reasonably require for the construction, installation,
maintenance, repair, and operation of the Water System or Wastewater System.
5.
Design and Engineering Requirements for Service Connections
5.1
Detailed requirements for engineering and construction of Service Connections are set out in
the Engineering Design Standards, or as may be otherwise directed by PHU. It is the
Customer's responsibility to supply, at the Customer's cost, any plans and engineering
reports pertaining to the Service Connection that PHU may reasonably require, signed and
sealed by a professional engineer.
6.
Construction of Service Connections
6.1
PHU shall provide and install all Facilities up to the Service Connection Point, subject to the
terms of this bylaw, including, without limitation, payments by the Customer.
6.2
The Customer shall be responsible for, and shall bear all costs associated with, the
installation and condition of the Private Water Line or Private Wastewater Line and all other
piping and equipment or other facilities of any kind whatsoever on the Customer's side of the
Service Connection Point and:
a)
shall ensure that the Customer's proposed Private Water Line or Private
Wastewater Line receives approval from PHU prior to construction;
b)
shall ensure that all work undertaken on behalf of the Customer is performed by
qualified workers holding appropriate certifications, in accordance with this Bylaw
and applicable requirements set out in the Engineering Design Standards and the
Utility Services Guidelines; and
c)
shall not backfill the excavation until such time as PHU has inspected and approved
of the work.
6.3
If an excavation is backfilled in contravention of subsection 6.2(c), PHU may, in addition to
any other rights and remedies that may be available to PHU, require the Customer in
question to dig out and expose the said work at the Customer's cost.
7.
Repair and Maintenance of Private Wastewater and Water Lines
7.1
A Customer is responsible for the repair, maintenance, and replacement of Private
Wastewater Lines and Private Water Lines located on the Customer's Property, and for all
costs associated therewith.
7.2
PHU may require a Customer to perform work described in subsection 7.1 if PHU, in their
discretion, considers such work to be necessary or desirable for the protection or proper
operation of the Water System and/or Wastewater System, as applicable.
7.3
Where PHU requires a Customer to perform work pursuant to subsection 7.2, PHU shall
establish a deadline by which the work in question must be completed by the Customer.
7.4
If a Customer fails to complete, by the deadline established under subsection 7.3, all work
required by PHU, to the satisfaction of PHU, PHU may, at its option, and in addition to
any other remedy available, enter onto the Customer's Property and perform the said
work.
7.5
The Customer shall pay all costs incurred by PHU in performing work pursuant to subsection
7.4.
8.
Customer Responsibility for Service Connection
8.1
The Customer assumes full responsibility for the proper use of any Service Connection and
any Utility Services provided by PHU and for the condition, suitability, and safety of any and
all devices or equipment necessary for receiving Utility Services that are located on the
Customer's Property.
8.2
The Customer shall be responsible for determining whether the Customer requires any
devices to protect the Customer's Property from damage that may result from the use of a
Service Connection or Utility Services, or to protect the safety or reliability of the Water
System or Wastewater System. The Customer shall provide and install any such devices at
the Customer's sole expense.
9.
Compliance with Requirements and Use of Service Connection
9.1
A Customer shall ensure that the Customer's Facilities comply with the requirements of this
bylaw, all applicable statutes, codes, standards, and regulations and with PHU's
specifications.
9.2
A Customer shall not use a Service Connection or any Utility Service received in a manner
so as to interfere with any other Customer's use of a Service Connection or Utility Services.
9.3
A Customer who has breached subsection 9.2 shall, at PHU's request, take whatever
action is required to correct such interference or disturbance at the Customer's expense.
10.
Abandonment of Service Connection
10.1
Whenever a Customer wishes to abandon a Service Connection, the Customer shall first
obtain approval from PHU for the method and location of abandonment and the Customer
shall assume responsibility for all costs associated with the same.
11.
Ownership of Facilities
11.1
The City retains ownership of all Facilities necessary to provide Utility Services to a
Customer, up to and including the Service Connection Point, unless a written agreement
between the City and PHU or a Customer specifically provides otherwise.
11.2
Payment made by a Customer for costs incurred by the City or PHU for supplying and
installing Facilities does not entitle the Customer to ownership of any such Facilities, unless a
written agreement between the City and PHU or the Customer specifically provides
otherwise.
12.
Access to Facilities
12.1
No Person shall obstruct or impede either the City's or PHU's free and direct access to any
Facilities.
12.2
A Customer shall be responsible for managing vegetation on the Property owned or
controlled by the Customer to maintain adequate clearances and reduce the risk of contact
with the Facilities.
12.3
A Customer shall not install or allow to be installed on Property owned or controlled by the
Customer any temporary or permanent structures that could interfere with the proper and
safe operation of the Facilities or result in non-compliance with applicable statutes,
regulations, standards, or codes.
12.4
Where a Customer contravenes any provision of this section and fails to remedy such
contravention within ten (10) days after receiving from PHU a notice in writing to do so, then
in addition to any other legal remedy available PHU may take any steps necessary to remedy
the contravention and may charge any costs of doing so to the Customer's Account.
13.
Interference with or Damage to Facilities
13.1
No Person shall interfere with or alter any Facilities or permit the same to be done by any
Person other than an authorized agent of the City or PHU.
14.
Protection of Facilities on Customer's Property
14.1
The Customer shall furnish and maintain, at no cost to PHU, the necessary space and
protective barriers to safeguard Facilities installed or to be installed upon the Customer's
Property. If the Customer refuses, PHU may, at their option, furnish and maintain, and
charge the Customer for furnishing and maintaining, the necessary protection. Such space
and protective barriers shall be in conformity with applicable laws and regulations and
subject to PHU's specifications and approval.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 20 of 59
15.
Customer to Pay Relocation Costs
15.1
The Customer shall pay all costs of relocating Facilities at the Customer's request, if such
relocation is for the Customer's convenience, or if necessary to remedy any violation of law
or regulation caused by the Customer. If requested by PHU, the Customer shall pay the
estimated cost of the relocation in advance.
16.1
Prohibited Extension of Customer Owned Facilities
16.1
A Customer shall not extend or permit the extension of a Private Water Line, Private
Wastewater Line, or any other Customer-owned piping, equipment, or other assets that are
connected directly or indirectly to the Water System or Wastewater System, beyond the
Property in respect of which they are used to supply Utility Services through a Service
Connection.
PART III - UTILITY ACCOUNTS
17.
Requirement for Account
17.1
The Owner of a Property shall apply for an Account with PHU, in a form acceptable to PHU,
and pay all applicable fees as a condition of obtaining Utility Services, regardless of whether
the provision of services requires installation of a new Service Connection(s) or construction
of any new Facilities.
17.2
In the case of a Multiple Dwelling, PHU may require that a separate Account be opened in
respect of each Dwelling, as applicable, within the Multiple Dwelling, regardless of the number
of Service Connections associated with the Multiple Dwelling.
17.3
Except as provided under this bylaw, PHU shall not grant Utility Services to, or open an
Account in the name of, an Occupant that is not the Owner of the Property.
17.4
Notwithstanding subsection 17.3 above, an Owner may request to have bills mailed to an
Occupant that is not the owner of the Property under the Owner's name. However, the
Owner of a Property where Utility Services are received shall be responsible for all services
delivered or consumed and all fees, rates, and charges levied for services delivered or
consumed.
17.5
If, notwithstanding subsection (3), Utility Services are currently being provided to an
Occupant that is not the Owner of the Property, the Owner of the Property shall forthwith
inform PHU of this and apply for an Account with PHU, failing which PHU may deem an
application to have been received from the Owner of the Property and open an Account in
the Owner's name.
17.6
Upon the change of ownership of a Property supplied with Utility Services, the new Owner
shall apply for an Account with PHU, failing which PHU may deem an application to have
been received from the new Owner of the Property and open an Account in the new Owner's
name.
18.
Security Deposits
18.1
PHU may, in their sole discretion, at the time of a Customer's application for Utility Services
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 21 of 59
or at any time thereafter require the Customer to post a security deposit or increase an
existing security deposit
18.2
PHU may, in their sole discretion, determine that a Customer is not required to post a
security deposit or is no longer required to maintain an existing security deposit.
18.3
A deposit made by a Customer shall be returned to the Customer when a Customer's Utility
Services are terminated, and the Customer's Account is closed. Where a Customer's Utility
Services are terminated and the Customer's Account is closed for non-payment, prior to any
refund, the security deposit will be applied to the balance owing by the Customer to PHU.
18.4
PHU is not obliged to pay interest on any security deposit held by PHU to a Customer.
19.
Obligation to Pay
19.1
PHU may add to a Customer's Account the charges for all Utility Services provided by PHU
to the Customer, and the Customer is obligated to pay in full all such charges without
reduction or set-off for any reason whatsoever, on or before the due date for the charges.
19.2
For greater certainty, non-receipt of a bill or invoice does not relieve a Customer of the
obligation to pay for Utility Services provided.
19.3
No reduction in charges for Utility Services will be made for water supplied to or made
available for use by any Customer because of any interruption due to any cause whatsoever
of the water supply.
19.4
Billing shall be in accordance with the following:
a)
the amount of the billing shall be based upon the rates, fees, and charges set out
in this bylaw;
b)
Customers shall be billed monthly, or at such frequency as may be determined by
PHU, in their discretion;
c)
for rates, fees, and charges that are based on water consumption, the water
consumption through Service Connections shall be determined by the applicable
Meter reading, obtained at such frequency as may be determined by PHU in their
discretion, with a consumption estimate to be utilized in months for which no Meter
reading is scheduled to occur;
d)
where a Meter reading is not obtainable a water consumption estimate may, at
PHU's discretion, be used.
19.5
Where, pursuant to any provision of this bylaw, a Service Connection that provides a Utility
Service to a Customer has been disconnected, or a Utility Service has otherwise been shut-
off or discontinued, the Customer shall continue, for the duration of the disconnection, shut-
off or discontinuance of service, to be obligated to pay all applicable non-consumption
related rates, fees, and charges set out in this bylaw, including, without restriction, all
applicable flat rate or fixed rate charges for Water Services and Wastewater Services.
19.6
Payment on Accounts may be made to PHU at such locations designated, and under any
payment methods approved, by PHU from time to time.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 22 of 59
20.
Past Due Accounts
20.1
A late payment charge shall be applied to all charges on a Customer's Account if the
Customer's payment has not been received by PHU by the due date. The Customer may
also be charged a dishonoured cheque charge for each cheque returned for insufficient
funds.
20.2
Any charge on a Customer's Account remaining unpaid after the due date will be in arrears
and constitute a debt owing to PHU and is recoverable by any or all of the following methods,
namely:
a)
by action, in any Court of competent jurisdiction; and
b)
by disconnecting the Service Connection to the Customer or shutting off a Utility
Service and imposing a re-connection fee prior to re-establishing Utility Services.
c)
by transfer to property taxes in accordance with the Municipal Government Act.
21.
Shut-off Without Notice
21.1
If PHU believes there is any actual or threatened danger to life or Property, or in any other
circumstances the nature of which, in PHU's sole judgment, requires such action, PHU has
the right to withhold connection, disconnect a Service Connection or shut-off a Utility Service
without prior notice to the Customer.
22.
Shut-off with Notice
22.1
PHU may withhold connection, disconnect a Customer's Service Connection or shut-off a
Utility Service (without prejudice to any of PHU's other remedies) after providing forty-eight
(48) hours' advance notice to the Customer, as applicable, in the following circumstances:
a)
if the Customer neglects or refuses to pay when due any amounts required to be
paid under this bylaw, which amount is not the subject of a good faith dispute;
b)
as required by law;
c)
if the Customer is in violation of any provision of this bylaw or any agreement
between the Customer and PHU for the provision of Utility Services; or
d)
any other similar circumstances to those described above that PHU determines, in
their sole discretion, acting reasonably, require the withholding, disconnecting, or
shut-off of service upon forty-eight (48) hours' notice.
23.
Customer Requested Shut-off
23.1
A Customer who is the Owner of a Property that receives Utility Services through a Service
Connection may request, in writing, that PHU temporarily shut-off a Utility Service provided to
the Property.
23.2
A Customer who requests shut-off of a Utility Service under subsection 23.1 must pay all
applicable fees or charges provided for in this bylaw or the Fees and Charges Bylaw.
23.3
Upon receipt of a valid request under subsection 23.1, and all applicable fees and charges
under subsection 23.2, PHU may shut-off the Utility Service in question.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 23 of 59
24.
Reconnection of Service
24.1
Before PHU reconnects or restores Utility Services, the Customer shall pay:
a)
any amount owing to PHU for the provision of Utility Services;
b)
the applicable reconnection charges; and
c)
any applicable security deposit.
25.1
PHU's Right of Entry
25.1
As a condition of receipt of Utility Services and as operational needs dictate, an Inspector
shall have the right to enter a Customer's Property at all reasonable times, or at any time
during an Emergency, for the purpose of:
a)
installing, inspecting, maintaining, replacing, testing, monitoring, reading, or
removing any Facilities associated with the Water System or Wastewater System;
b)
investigating or responding to a Customer complaint or inquiry;
c)
conducting an unannounced inspection where PHU has reasonable grounds to
believe that unauthorized use of water or interference with Facilities, including but
not limited to a Meter, has occurred or is occurring;
d)
inspecting, observing, sampling, and measuring the flow in any Private
Wastewater Line, Monitoring Access Point, Sampling Port or other component of
the Wastewater System;
e)
taking samples of Wastewater, Storm Water, Clear-Water Waste, and Subsurface
Water being released from a Customer's premises or flowing within a Service
Connection;
f)
performing on-site testing of the Wastewater, Storm Water, Clear-Water Waste,
and Subsurface Water within or being released from Private Wastewater Lines,
Pre-Treatment facilities, and Storm Water management facilities;
g)
collecting and analyzing samples of Hauled Wastewater or Hauled Waste coming
to a discharge location into the Wastewater System;
h)
making inspections of the types and quantities of chemicals being handled or used
on a Customer's premises in relation to possible release to the Wastewater
System;
i)
requiring information from any Person concerning a matter relevant to Utility
Services or Facilities;
j)
inspecting and copying documents relevant to Utility Services or Facilities, or
removing such documents from premises to make copies;
k)
inspecting chemical storage areas and Spill containment facilities and requesting
Safety Data Sheets (SDS) for materials stored or used on site;
l)
inspecting the premises where a release of Prohibited Waste or Restricted Waste,
or of water containing Prohibited Waste or Restricted Waste has been made or is
suspected of having been made, and to sample any or all Matter that could
reasonably have been part of the release; and
m)
for any other purpose incidental to the provision of Utility Services.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 24 of 59
25.2
The Inspector will make reasonable efforts to notify the Customer in advance of entering a
Customer's property or to notify any other Person who is at the Customer's property and
appears to have authority to permit entry, except:
a)
in cases of an Emergency;
b)
where entry is permitted by order of a court or other authority having jurisdiction;
c)
where otherwise legally empowered to enter;
d)
where the purpose of the entry is in accordance with subsection 25.1(c) above.
25.3
No Person shall hinder or prevent an Inspector from carrying out any of the Inspector's duties
under this bylaw.
25.4
The Customer shall pay a no access fee sufficient to cover PHU's reasonable out-of- pocket
and administrative costs, if an Inspector's lawful entry to a Customer's Property is prevented
or hindered, whether by a Customer not keeping a scheduled appointment or for any other
cause.
26.
Removal of Facilities
26.1
Where any Customer discontinues Utility Services furnished by PHU, or PHU lawfully refuses
to continue any longer to supply it, PHU may at all reasonable times enter the Customer's
Property to remove any Facilities in or upon such Property.
27.
False Information
27.1
If a Person who submits documentation to PHU, pursuant to this bylaw considers some or
all of the information contained in the document to be confidential, or otherwise wishes to
request that some or all of the information not be disclosed, that Person shall indicate this,
in writing, on the documentation in question.
27.2
No Person shall supply false information or make inaccurate or untrue statements in a
document or information required to be supplied to PHU pursuant to this bylaw.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 25 of 59
SCHEDULE 'B'
TERMS AND CONDITIONS OF WATER SERVICES
PART I - GENERAL WATER SERVICES PROVISIONS
1.
Water Conservation and Demand Management Measures
1.1
PHU may, at such times and for such lengths of time as is considered necessary or
advisable, implement Water Conservation and Demand Management Measures to
restrict water usage in any or all parts of the City.
1.2
All water restrictions shall be duly advertised by posting on PHU's website or by use of local
media, printed or otherwise, prior to taking effect.
1.3
No Person shall contravene the terms or conditions of any Water Conservation and Demand
Management Measures, without first obtaining PHU's authorization.
2.
Requirement to Connect to Water System
2.1
Subject to subsection 2.3, all developed Properties adjacent to a Water Main must connect to
the Water System on or before a date set by PHU.
2.2
Subject to subsection 2.3, all new development, including redevelopment, on Property
adjacent to a Water Main must connect to the Water System prior to occupancy.
2.3
PHU may, in their discretion, exempt a given developed Property, new development or
redevelopment from the connection requirement established by subsection
2.1 or 2.2, as applicable.
2.4
Where an exemption has been granted under subsection 2.3, PHU may, at any time after
the granting of the exemption, require that the developed Property, new development or
redevelopment in question be connected to the Water System within an alternate timeframe
prescribed by PHU.
2.5
If an Owner fails to take all required steps to connect the Owner's Property to the Water
System when required, by this section, to do so, PHU may enter onto the Property in
question and, at the Owner's sole expense, take any and all steps that PHU considers
necessary to connect that Property to the Water System, including, without restriction,
constructing a Private Water Line and related facilities on the Property.
3.
Alternate Water Supply
3.1
Subject to subsection 3.2, once a Property is connected to the Water System:
a)
no Person shall allow water to be supplied to that Property by way of a well, spring
or other source of water supply that is not connected to the Water System; and
b)
any existing well, spring, or other source of water supply not connected to the
Water System, that is located on that Property, shall be decommissioned by the
Owner, at the Owner's expense, in accordance with all applicable laws and
regulations.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 26 of 59
3.2
PHU may allow a Person to maintain an alternate source of water supply subject to such
terms and conditions as PHU deems necessary, which may include, without limiting the
generality of the foregoing, restrictions on the period of time for which an alternate source of
water supply may be used and the purposes for which it may be used.
3.3
No Person who has been granted permission by PHU to maintain an alternate water supply
under this section shall allow the alternate source of water to be connected, directly or
indirectly, to the Water System.
4.
Resale and Supply of Water
4.1
No Person shall, unless authorized by PHU in writing:
a)
resell water obtained from the Water System to any other Person;
b)
supply water obtained from the Water System to any Person who intends to sell
the water; or
c)
supply water from the Water System to any Property that could be supplied with
water through its own Service Connection.
5.
Unauthorized Use of Water
5.1
No Person shall use water from the Water System, or allow water obtained from the Water
System to be used:
a)
in a manner that will impede water use by other Customers;
b)
in a manner that is wasteful;
c)
unless an Account has been opened by the Customer;
d)
unless the water has first passed through a Meter, except in a case where,
pursuant to this bylaw, unmetered supply of water is specifically authorized; or
e)
in any other unauthorized manner.
5.2
If PHU finds an unauthorized use of water including, without restriction, as a result of any
tampering with a Meter or other Facilities, PHU may make such changes in the Meters,
appliances, or other Facilities or take such other corrective action as may be appropriate to
ensure only the authorized use of the Facilities, and to ensure the safety of the general
public.
5.3
Upon finding an unauthorized use of water, PHU may immediately disconnect the Service
Connection or shut-off the water supply, without notice, and shall charge the Person all
costs incurred in correcting the condition, in addition to any other rights and remedies that
may be available to PHU.
5.4
A Person that uses water in contravention of this section shall pay the following charges:
a)
the applicable rate for the water used and, where necessary, based on an estimate
by PHU of the amount of water used in contravention of this section;
b)
all costs incurred by PHU in dealing with the contravention; and
c)
any other applicable fees or charges provided for in this bylaw.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 27 of 59
6.
Authorizations and Approvals for Private Water Line
6.1
The Customer shall be responsible for obtaining all permits, certificates, licenses,
inspections, reports, and other authorizations necessary for the installation and operation of
the Private Water Line.
6.2
PHU shall not be required to commence Water Services to a Property unless and until the
Customer has complied with the requirements of all governmental authorities, permits,
certificates, licenses, inspections, reports, and other authorizations, all right-of-way
agreements, and all of PHU's requirements applicable to the installation and operation of the
Private Water Line. PHU reserves the right, but is not obligated, to verify that all necessary
authorizations have been obtained by the Customer.
7.
Temporary Water Services
7.1
PHU may provide temporary Water Services wherever practicable to a Customer for the
purposes of facilitating construction of a new development. The Customer will pay a rate,
charge, or fee for such Water Services as specified in this bylaw or the Fees and Charges
Bylaw. A Customer who is receiving temporary Water Services for the construction phase of
a development ceases to be entitled to take temporary Water Services at the construction
rate and is required to apply for permanent metered Water Services when:
a)
a City final inspection is issued for the development; or
b)
the development is being used for its intended purpose;
whichever event occurs first.
8.
Bulk Water
8.1
PHU may, at its discretion, make water available for sale at PHU bulk water stations.
8.2
PHU is not obligated to supply water at its bulk water stations and the supply of water may
be interrupted for any reason.
8.3
All purchases of bulk water at PHU operated bulk water stations require an Account and an
access number assigned by PHU.
8.4
A Customer requesting access to a PHU operated bulk water station may apply to PHU for
a bulk water Account by:
a)
supplying any information that may be reasonably required by PHU or set out within
the Utility Services Guidelines;
b)
paying any applicable fee or charge established by this bylaw, the Fees and
Charges Bylaw or PHU, including, without restriction, a fee payable to obtain a bulk
water station access number; and
c)
loading the Customer's Account through pre-paying for a supply of bulk water in
such volume as the Customer may require from time to time.
8.5
No Person, other than a Customer with a bulk water Account in good standing, shall access
or draw water from a PHU operated bulk water station without prior PHU authorization.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 28 of 59
8.6
Customers shall be billed monthly, or at such frequency as may be determined by PHU in
their discretion. The Customer is obligated to pay in full all such charges without reduction or
set-off for any reason whatsoever, on or before the due date for the charges.
8.7
Payments on bulk water Accounts may be made to PHU at such locations designated, and
under any payment methods approved, by PHU from time to time.
8.8
A Customer may be charged a dishonoured cheque charge for each cheque returned for
insufficient funds when paying a balance on the Customer's bulk water Account.
8.9
Any charge on a Customer's bulk water Account remaining unpaid after the due date will be
in arrears and constitute a debt owing to PHU and is recoverable, by action, in any Court of
competent jurisdiction. If an Account remains unpaid after the due date, PHU may, in
addition to any other remedy, revoke the Customer's pin code access to PHU operated bulk
water stations and close the Customer's bulk water Account.
PART II - WATER METERS
9.
Provision and Ownership of Meters
9.1
All water supplied by PHU through each Service Connection shall be measured by one Meter
unless PHU, in their sole discretion, has specified otherwise. A separate Curb Stop must be
installed for each Meter.
9.2
PHU shall, at the Customer's sole cost, supply and install one or more Meters for the
purpose of measuring the volume of water delivered to a Customer by way of a Service
Connection. Each Meter shall remain the sole property of the City, notwithstanding the
Customer has paid the costs of supply, unless the City, PHU and the Customer have
expressly agreed in writing otherwise.
9.3
In the case of new construction on Property adjacent to a Water Main, a Customer's Property
may only be occupied after the Meter is installed and an Account opened.
10.
Responsibilities of Customer
10.1
Each Customer shall ensure that a location on the Customer's Property for Meter installation
is provided, and that access to the Meter is provided for the purpose of reading or servicing
the Meter, in accordance with all applicable Utility Services Guidelines.
10.2
Each Customer shall provide adequate protection for the Meter supplied by PHU against
freezing, heat or any internal or external damage.
10.3
When a Meter is damaged due to frost, heat, or any other condition or means against which
the Customer neglected to provide adequate protection, the cost of removal and repair or
replacement of the Meter shall be borne by the Customer.
11.
General Meter Restrictions
11.1
No Person, other than an authorized agent of PHU, shall install, test, remove, repair, replace
or disconnect a Meter.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 29 of 59
11.2
No Person shall break, tamper or interfere with any Meter including, without restriction, any
seal attached thereto.
11.3
If a Meter is lost, damaged or destroyed, the Customer shall pay for the entire cost of the
Meter removal, repair and reinstallation or for the cost of replacing the Meter.
11.4
No Person shall obstruct or impede direct and convenient access to Meters for the purpose
of inspection, removal, repair, replacement or reading.
12.
Subsidiary Meters
12.1
A Customer may, for the Customer's own benefit, and at the Customer's own cost, install a
Subsidiary Meter between the Meter supplied by PHU and the point of use of the water
supplied, provided that PHU shall under no circumstances be required to maintain or read a
Subsidiary Meter installed under this section.
12.2
All Subsidiary Meters shall remain the property of the Owner.
12.3
Where, in the opinion of PHU, a Subsidiary Meter has been installed in a manner so as to
interfere with the operation of or access to the Meter supplied by PHU, PHU may direct, in
writing, that the Customer relocate or remove the Subsidiary Meter within a time frame
selected by PHU.
13.
Access to Meters
13.1
PHU may, at any reasonable time, read, inspect, remove, repair, replace or test a Meter
installed on Property owned or controlled by the Customer.
14.
Remote Meter Reading
14.1
In this section:
a)
'Remote Reading' means a Meter reading obtained by PHU electronically, without
physically travelling to the location of a Meter and viewing it in-person; and
b)
'In-Person Reading' means a Meter reading obtained by PHU by physically
travelling to the location of a Meter and viewing it in-person.
14.2
Without limiting the generality of section 13 of this Schedule, PHU may, in their discretion,
and at the Customer's sole cost, alter or replace a Meter so as to make the Meter capable of
being read remotely.
14.3
Where a Meter is capable of being read remotely, PHU may, in its discretion, read the Meter
by way of either a Remote Reading or In-Person Reading.
14.4
In the event of an inconsistency between a Remote Reading and In-Person Reading,
obtained at a specific point in time, the In-Person Reading shall prevail.
15.
Meter Readings
15.1
Where 3 consecutive estimated Meter readings have been used for billing purposes due to
the Meter not being read by PHU as a result of the Customer failing to provide or allow PHU
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 30 of 59
access to the Meter during a billing period:
a)
a notice may be left at the Customer's address requesting the Customer to contact
PHU within two (2) working days, advising of the date and time that PHU will be
able to have access to the Meter for the purpose of obtaining an actual Meter
reading; or
b)
in the case where the Customer does not contact PHU within two (2) working days,
PHU may disconnect the Service Connection or shut-off Utility Services, without
any further notice, until such time as an actual Meter reading can be obtained.
16.
Meter Testing
16.1
At the request of a Customer, PHU shall arrange for on-site Meter verification and, if
necessary, shall arrange for a Meter to be tested by a person qualified to perform such
work. If, upon verification or testing or both, the Meter is found to be recording accurately,
which for this purpose is defined as recording between 98.5% and 101.5% of actual
consumption, then the Customer shall pay all applicable fees and charges for this service.
16.2
If the Meter is found to be recording inaccurately, as defined above:
a)
PHU will repair or replace the Meter and the cost, along with the costs of verification
and testing, shall be borne by PHU; and
b)
subject to subsection 16.3, the Account based on the readings of that Meter during
the period of 3 months immediately preceding the date of the test or calibration
shall be corrected to reflect the error in the Meter and the Customer shall pay, or
shall be refunded, as the case may be, the amount so determined, which payment
or refund shall be accepted by both PHU and the Customer in full settlement of
any claim that may arise out of the error in the Meter.
16.3
PHU may at any time inspect or test any Meter, on its own initiative, regardless of whether
the Customer has requested inspection or testing. In such case, no fees or charges are
payable by the Customer.
17.
Circumvention of Meter
17.1
If under any circumstances, a Person other than PHU prevents a Meter from accurately
recording the total volume of water supplied, PHU may disconnect the Service Connection,
shut-off Utility Services or take other appropriate actions to ensure access to accurate Meter
data or both.
17.2
PHU may then estimate the demand and amount of water supplied but not recorded by the
Meter at the Service Connection. The Customer shall pay the cost of the estimated water
consumption plus all costs related to the investigation and resolution of the matter.
PART III - FIRE PROTECTION
18.
Use of Water from Fire Hydrants
18.1
Unless authorized by PHU, no Person shall operate or interfere with a fire hydrant,
whether owned by the City or privately owned, except as necessary for firefighting
purposes.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 31 of 59
18.2
A Customer requesting authorization to use water from a City owned fire hydrant shall apply
to PHU by paying all associated fees and supplying information regarding the location of the
fire hydrant to be accessed, the manner in which it will be used, and any other information
that may be reasonably required by PHU.
18.3
PHU will advise the Customer whether and on what terms PHU is prepared to authorize
use of a City owned fire hydrant and any conditions, including without limitation, payments
by the Customer that must be satisfied as a condition of using a City owned fire hydrant.
19.
Interference with Fire Hydrants
19.1
No Person shall do anything to obstruct access to, or interfere with the operation of, a fire
hydrant.
19.2
Each Customer who owns Property on which a fire hydrant is located or Property that is
adjacent to Property on which a fire hydrant is located shall maintain a clearance of at least 1
meter (3 feet) around a fire hydrant and shall not permit anything to be constructed, erected,
placed, or planted within that minimum clearance.
20.
Private Fire Protection Equipment
20.1
In this section 'Private Fire Protection Equipment' means equipment, infrastructure, or
facilities, not owned by PHU or the City, which is located on a Customer's Property and is
intended to be used to provide fire protection, including, without limiting the generality of the
foregoing, private fire hydrants, fire sprinklers and outlets for fire hoses.
20.2
No Customer shall connect Private Fire Protection Equipment to the Water System without
first applying for, and obtaining, the written approval of PHU.
20.3
A Person applying for approval under subsection (2) shall pay any applicable fee and provide
PHU with all information that PHU may require.
20.4
PHU may, in their discretion, acting reasonably, approve or reject an application under
subsection (2) and may, in granting an approval, impose conditions or requirements on the
Customer, which may include, without restriction, a requirement that a separate Service
Connection be constructed and installed, at the Customer's sole cost, for the purpose of
supplying the Private Fire Protection Equipment.
20.5
Neither the City nor PHU guarantee or warrant that the Water System, or any portion thereof,
will be capable of connecting to and/or adequately supplying Private Fire Protection
Equipment on a Customer's Property and, without limiting the authority of PHU under
subsection 20.4, an application under subsection 20.2 may be rejected if PHU determines
that the Water System, or portion thereof, is not capable of connecting to or adequately
supplying the proposed Private Fire Protection Equipment.
20.6
A separate Service Connection for fire protection that is installed pursuant to subsection 20.4
shall only be utilized to supply water for fire protection purposes.
20.7
Where a separate Service Connection for fire protection is required pursuant to subsection
20.4, PHU may require that a separate Meter be installed on that Service Connection at
the sole expense of the Customer.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 32 of 59
20.8
A Customer that installs Private Fire Protection Equipment is responsible for complying with
any applicable laws and regulations that relate to the installation, operation, and
maintenance of that Fire Protection Equipment.
20.9
A Customer shall ensure that all Private Fire Protection Equipment located on the
Customer's Property maintains an adequate volume, pressure, and flow rate of water
required for firefighting purposes.
20.10 PHU may, at any reasonable time, inspect and test Private Fire Protection Equipment.
PART IV - CROSS CONNECTIONS
21.
Cross Connections
21.1
No Person shall install, or allow to exist, any Cross Connection that could cause or allow
drinking water in any part of the Water System to become contaminated or polluted in any
way.
21.2
Where PHU determines that there exists a Cross Connection prohibited by this section, PHU
shall give notice to the Customer to correct the Cross Connection at the expense of the
Customer within the time specified in the notice and may, in addition to any other legal remedy,
immediately disconnect the Service Connection or shut-off the water supply for such time as
the prohibited Cross Connection continues.
22.
Cross Connection Control Devices
22.1
PHU may, in their discretion, require any Customer to install, at the Customer's expense, one
or more Cross Connection Control Devices on Private Water Lines servicing the Customer's
Property, in locations approved by PHU and the Customer shall complete such installation in
the time provided by PHU.
22.2
A Customer is responsible, at the Customer's expense, for ensuring that Cross Connection
Control Devices located on the Customer's Property are installed, and regularly inspected,
repaired, and maintained, by a Person certified and qualified to install, inspect, repair, and
maintain Cross Connection Control Devices.
PART V - OTHER FACILITIES
23.
Operation of Curb Stops
23.1
No Person, other than PHU, shall operate a Curb Stop on any Property.
23.2
No Person shall interfere with, damage or obstruct access to any Curb Stop.
24.
Boilers
24.1
Where a boiler is supplied with water from the Water System, the Customer shall ensure that
a safety valve or other appropriate device is installed to prevent danger from collapse or
explosion if water supply to the Customer is disconnected or otherwise discontinued.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 33 of 59
SCHEDULE 'C'
TERMS AND CONDITIONS OF WASTEWATER SERVICES
PART I - GENERAL WASTEWATER SERVICES PROVISIONS
1.
Requirement to Connect to Wastewater System
1.1
Subject to subsection 1.3, all developed Properties adjacent to a Wastewater Main must
connect to the Wastewater System on or before a date set by PHU.
1.2
Subject to subsection 1.3, all new development, including redevelopment, on Properties
adjacent to a Wastewater Main must connect to the Wastewater System prior to occupancy.
1.3
PHU may, in their discretion, exempt a given developed Property, new development or
redevelopment from the connection requirement established by subsections
1.1 or 1.2, as applicable.
1.4
Where an exemption has been granted under subsection 1.3, PHU may, at any time after
the granting of the exemption, require that the developed Property, new development or
redevelopment in question be connected to the Wastewater System within an alternate
timeframe prescribed by PHU.
1.5
If an Owner fails to take all required steps to connect the Owner's Property to the
Wastewater System when required, by this section, to do so, PHU may enter onto the
Property in question and, at the Owner's sole expense, take any and all steps that PHU
considers necessary to connect that Property to the Wastewater System, including, without
restriction, constructing a Private Wastewater Line and related Facilities on the Property.
1.6
The Owner of a Property in respect of which PHU has provided an exemption under
subsection 1.3 shall install, at the Owner's expense, a Private Wastewater Disposal
System that meets the approval of PHU.
1.7
An Owner who installs a Private Wastewater Disposal System pursuant to subsection 1.6
shall be responsible for obtaining, and complying with, all permits, certificates, licenses,
inspections, reports, and other authorizations necessary for the installation and operation of
the Private Wastewater Disposal System, and for complying with all applicable laws and
regulations.
2.
Alternate Wastewater System
2.1
Subject to subsection 2.2, once a Property is connected to the Wastewater System,
a)
no Person shall, unless authorized in writing by PHU, continue to use any Private
Wastewater Disposal System located on that Property for the collection or disposal
of Wastewater; and
b)
any existing Private Wastewater Disposal System that is located on the Property
shall be decommissioned, at the Owner's expense, in accordance with all
applicable laws and regulations.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 34 of 59
2.2
PHU may allow a Person to maintain a Private Wastewater Disposal System subject to
such terms and conditions as PHU deems necessary, which may include, without limiting
the generality of the foregoing, restrictions on the period of time for which the Private
Wastewater Disposal System may be used and the purposes for which it may be used.
2.3
No Person who has been granted permission by PHU to maintain a Private Wastewater
Disposal System shall allow that alternate facility to be connected, directly or indirectly, to
the Wastewater System.
3.
Authorizations and Approvals for Private Wastewater Line
3.1
The Customer shall be responsible for obtaining all permits, certificates, licenses,
inspections, reports and other authorizations necessary for the installation and operation of
the Private Wastewater Line.
3.2
PHU shall not be required to commence Wastewater Services to a Property unless and until
the Customer has complied with the requirements of all governmental authorities, permits,
certificates, licenses, inspections, reports and other authorizations, all right-of- way
agreements and all of PHU's requirements applicable to the installation and operation of the
Private Wastewater Line. PHU reserves the right, but is not obligated, to verify that all
necessary authorizations have been obtained by the Customer.
PART II - USE AND PROTECTION OF THE WASTEWATER SYSTEM
4.
Protection of Wastewater System
4.1
No Person shall remove, damage, destroy, alter, or tamper with any Facilities forming part of
the Wastewater System, except as authorized by PHU.
4.2
No Person shall interfere with the free discharge of any Wastewater Main or part thereof, or
do any act or thing that may impede or obstruct the flow to, or clog up, the Wastewater
System.
4.3
No Person shall connect any storm drain, weeping tile or sump pump to any portion of the
Wastewater System.
4.4
In case of a blockage, either wholly or in part, of the Wastewater System by reason of
negligence or the failure or omission to strictly comply with the provisions of this bylaw, the
Customer concerned or Person responsible shall be liable for all clogs and the cleaning of
such blockages and for any other amount for which PHU may be held liable for due to such
blockages.
5.
Unauthorized Use of Wastewater System
5.1
No Person shall use the Wastewater System, or allow the Wastewater System to be used:
a)
in a manner that will impede the Wastewater System's use by other Customers;
b)
unless an Account has been opened by the Customer; or
c)
in any other unauthorized manner.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 35 of 59
5.2
If PHU finds an unauthorized use of the Wastewater System including without restriction any
tampering with any of the Facilities, PHU may make such changes in its Facilities or take
such other corrective action as may be appropriate to ensure only the authorized use of the
Facilities, and also to ensure the safety of the general public.
5.3
Upon finding an unauthorized use of the Wastewater System, PHU may immediately
disconnect the Service Connection or shut-off Wastewater Services, without notice, and
shall charge the Person all costs incurred in correcting the condition, in addition to any
other rights and remedies that may be available to PHU.
5.4
A Person that uses the Wastewater System in contravention of this section shall pay the
following charges:
a)
the applicable rate for the Wastewater Services used based on an estimate by
PHU of the value the contravention of this section;
b)
all costs incurred by PHU in dealing with the contravention; and
c)
any other applicable fees or charges provided for in this bylaw.
6.
Releases to the Wastewater System and Wastewater Discharge Permits
6.1
No Person shall release, or permit the release of, any Matter into the Wastewater
System except:
a)
Domestic Wastewater;
b)
Non-Domestic Wastewater that complies with the requirements of this bylaw;
c)
Hauled Wastewater, including septage, that complies with the requirements of this
bylaw, or where a Wastewater Discharge Permit authorizing the release has been
issued by PHU; or
d)
Storm Water, Clear-Water Waste, Subsurface Water, or other Matter where a
Wastewater Discharge Permit authorizing the release has been issued by PHU.
6.2
No Person shall release or permit the release of any Prohibited Waste or Restricted Waste,
without a valid Wastewater Discharge Permit that authorizes the release in question.
6.3
PHU may prohibit, or set discharge concentration and loading rate limits for, any Matter not
identified in this bylaw if PHU determines, acting reasonably, that it is necessary to do so in
order to protect the Wastewater System, meet Wastewater standards or legislative
requirements, control biosolids quality or adopt prohibitions, discharge concentration limits
or flow rate limits established by a third party, and no Person shall discharge Wastewater to
the Wastewater System in contravention of a prohibition or limit established pursuant to
this subsection.
6.4
If required by PHU, a Customer shall complete and submit an application for a Wastewater
Discharge Permit, and such application shall be of a type, and in a form, specified by PHU.
6.5
If required by PHU, a Customer shall not discharge into the Wastewater System until the
Customer has obtained a Wastewater Discharge Permit from PHU.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 36 of 59
6.6
PHU may issue, and amend, a Wastewater Discharge Permit to allow the discharge of
Wastewater into the Wastewater System upon such terms and conditions as PHU, as
applicable, considers appropriate and, without limiting the generality of the foregoing, may,
in the Wastewater Discharge Permit:
a)
place limits and restrictions on the quantity, composition, frequency, and nature of
the Wastewater permitted to be discharged;
b)
require the holder of a Wastewater Discharge Permit to repair, alter, remove, add
to, or construct new Pre-Treatment Facilities; and
c)
provide that the Wastewater Discharge Permit will expire on a specified date, or
upon the occurrence of a specified event.
6.7
A Person that holds, or is subject to, a Wastewater Discharge Permit shall comply with the
Wastewater Discharge Permit.
7.
Commercial or Industrial Wastes
7.1
No Wastewater or other matter resulting from any commercial, trade, industrial, or
manufacturing process shall be discharged or permitted to be discharged into the
Wastewater System unless prior approval has been granted by PHU and only then after any
required pretreatment of the Wastewater or other matter, as prescribed by PHU.
7.2
All necessary pretreatment equipment or works shall be installed by the Customer, at the
Customer's sole expense, prior to the construction of the Service Connection and thereafter
shall be continuously maintained and operated by the Customer.
8.
No Dilution
8.1
No Person shall dilute or permit to be diluted any Wastewater in order to enable its discharge
in compliance with these Terms and Conditions.
9.
Sampling
9.1
Subject to section 16.6 of this Schedule, where sampling is required for the purposes of
determining the concentration of constituents in Wastewater, Storm Water or
Uncontaminated Water, the sample may:
a)
be collected manually or by using an automatic sampling device; and
b)
contain additives for its preservation.
9.2
For the purpose of determining compliance with Schedules 'D' or 'E', discrete Wastewater
streams within premises may be sampled, at the discretion of PHU or its Inspector.
9.3
Any single Grab Sample may be used to determine compliance with Schedules 'D' or 'E'.
9.4
All tests, measurements, analyses, and examinations of Wastewater, its characteristics or
contents pursuant to this bylaw shall be carried out in accordance with 'Standard Methods'
and be performed by a laboratory accredited for analysis of the particular substance(s) using
a method which is within the laboratory's scope of accreditation or to the satisfaction of PHU
as agreed in writing prior to sample analysis.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 37 of 59
10.
Customer Self-Monitoring
10.1
A Customer shall, at the Customer's expense, complete any monitoring or sampling of any
discharge to the Wastewater System as required by PHU, and provide the results to PHU, in
the form specified by PHU, as applicable.
11.
Hauled Wastewater
11.1
In this Section:
a)
'Approved Hauler' means a Person that has been authorized, pursuant to
subsections 11.2 to 11.4, to discharge Hauled Wastewater or Hauled Waste into
one or more Transfer Stations; and
b)
'Transfer Station' means a Facility owned or operated by PHU at which Hauled
Wastewater or Hauled Waste may be discharged from Wastewater hauling
vehicles into the Wastewater System.
11.2
A Person who is the owner or operator of one or more vehicles designed to collect, transport,
and discharge Hauled Wastewater or Hauled Waste may apply to PHU for approval to
discharge Hauled Wastewater or Hauled Waste at a Transfer Station.
11.3
An application made pursuant to subsection (2) shall:
a)
be in a form adopted by, or acceptable to, PHU;
b)
be accompanied by any fee or charge established by PHU, which may include,
without restriction, a fee payable to obtain a Transfer Station access card or access
code; and
c)
contain any information that may be required by PHU.
11.4
Upon receipt of a complete application pursuant to subsection 11.3, accompanied by any
applicable fee or charge that is payable to PHU, PHU may authorize the applicant to, subject
to the requirements of this bylaw, discharge Hauled Wastewater or Hauled Waste at one or
more Transfer Stations and, upon granting such an authorization, shall provide the applicant
with one or more access cards or access codes required for entry to the Transfer Station or
Transfer Stations in question.
11.5
No Person, other than an Approved Hauler, shall discharge or permit the discharge of
Hauled Waste or Hauled Wastewater into the Wastewater System.
11.6
An Approved Hauler shall not discharge or permit the discharge of Hauled Wastewater or
Hauled Waste into the Wastewater System:
a)
except in accordance with the requirements of this Bylaw;
b)
except at a Transfer Station approved by PHU;
c)
unless the Approved Hauler meets all conditions for discharge that are or may be
set from time to time by PHU, including, without restriction, payment of applicable
fees and charges;
d)
unless the Hauled Wastewater or Hauled Waste meets all conditions set out in all
applicable federal and provincial environmental protection regulations;
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 38 of 59
e)
unless the Approved Hauler, operating as a waste management system, is certified
according to all applicable federal and provincial legislation and a copy of the most
recent certificate of approval, or provisional certificate, and any amendments
thereto is provided to PHU; and
f)
without the use of a discharge hose placed securely in the discharge portal at the
approved Transfer Station.
11.7
An Approved Hauler shall:
a)
safeguard the access card or access code provided by PHU pursuant to
subsection 11.4 so as to ensure that access card or access code is not lost,
duplicated or used by any Person other than the Approved Hauler;
b)
ensure that the vehicle used by the Hauler to collect, transport, and discharge
Hauled Wastewater or Hauled Waste is kept clean, well maintained, and in a safe
condition;
c)
if the Approved Hauler's vehicle was used to transport any Matter which, if
discharged into the Wastewater System, would result in contravention of this
Bylaw, clean the holding tank of the vehicle before collecting any Hauled
Wastewater or Hauled Waste;
d)
collect, transport, and discharge Hauled Wastewater or Hauled Waste so as to
prevent spillage of the Hauled Wastewater or Hauled Waste;
e)
immediately report to PHU, any spillage of wastewater or debris, or damage to a
Transfer Station, caused or contributed to by the Approved Hauler;
f)
upon exiting a Transfer Station, ensure that the Transfer Station access gate is
closed and locked, unless:
i.
another Approved Hauler is using the Transfer Station at that time, or
ii.
the access gate in question automatically closes and locks;
g)
allow an Inspector to access a vehicle used by the Approved Hauler to collect,
transport, and discharge Hauled Wastewater or Hauled Waste, for the purpose of
undertaking inspections, measurement, sampling, and testing to determine
compliance with this Bylaw.
11.8
If an Approved Hauler contravenes a provision of this Bylaw, PHU may, in addition to any
other remedy available, revoke or cancel an authorization provided pursuant to subsection
11.4 and prohibit the Approved Hauler from discharging Hauled Wastewater or Hauled
Waste at Transfer Stations.
12.
Non-Contact Cooling Water
12.1
The discharge of Non-Contact Cooling Water or Uncontaminated Water to the Wastewater
System from any residential property is prohibited unless the discharge is in accordance with
a Wastewater Discharge Permit.
13.
Water Originating from a Source Other Than PHU Water Supply
13.1
The discharge of water originating from a source other than PHU's water supply, including
Storm Water or Groundwater, directly or indirectly to the Wastewater System is prohibited,
unless the discharge is in accordance with a Wastewater Discharge Permit.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 39 of 59
14.
Spills
14.1
In the event of a Spill, the Person responsible for the Spill or the Person having the charge,
management, and control of the Spill, shall:
a)
immediately notify and provide any requested information with regard to the Spill
to:
i.
if there is any immediate danger to human health and/or safety:
-
9-1-1 emergency; and
-
PHU's emergency phone number,
or
ii.
if there is no immediate danger to human health and/or safety:
-
PHU's emergency phone number,
-
the Owner of the premises where the Spill occurred, and
-
any other Person whom the Person reporting knows or ought to know
may be directly affected by the Spill;
b)
provide a detailed report on the Spill to PHU and, if directed by PHU, within five
(5) working days after the Spill, containing the following information to the best of
their knowledge:
i.
location where the Spill occurred,
ii.
name and telephone number of the Person who reported the Spill and the
location and time, where and when they can be contacted,
iii.
date and time of Spill,
iv.
material spilled,
v.
characteristics and composition of material spilled,
vi.
volume of material spilled,
vii.
duration of Spill event,
viii.
work completed and any work still in progress in the mitigation of the spill,
ix.
preventive actions being taken to ensure a similar Spill does not occur
again, and
x.
copies of applicable Spill prevention and Spill response plans.
14.2
The Person responsible for a Spill, and the Person having charge, management, and control
of the Spill, shall do everything reasonably possible to contain the Spill, protect the health
and safety of other Persons, minimize damage to Property, protect the environment, clean up
the Spill and contaminated residue, and restore the affected area to its condition prior to the
Spill.
14.3
Nothing in this bylaw relieves any Person from complying with any notification or reporting
provisions of:
a)
other government agencies, including federal and provincial agencies, as required
and appropriate for the material and circumstances of the Spill; or
b)
any other bylaw of the City.
14.4
Without limiting any other remedy available, any costs incurred by PHU as a result of a Spill
may, at PHU's option, be charged to a Person responsible for the Spill as an amount due
and payable by that Person to PHU.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 40 of 59
14.5
PHU may require a Person responsible for a Spill to prepare and submit a Spill contingency
plan to PHU to indicate how risk of future Spills will be reduced and how future Spills will be
addressed.
15.
Monitoring Access Points
15.1
A Customer who is the Owner or operator of commercial, Institutional or Industrial premises
shall install and maintain in good repair in each Private Wastewater Line a suitable
Monitoring Access Point to allow observation, sampling and flow measurement of the
Wastewater, Uncontaminated Water, or Storm Water therein, provided that, where
installation of a Monitoring Access Point is not possible, an alternative device or Facility,
which may include, without restriction, a Sampling Port, may be substituted with the prior
written approval of PHU.
15.2
PHU may require a Customer that is not otherwise captured by subsection
15.1 to comply with subsection 15.1 if, in the opinion of PHU, acting reasonably, it is necessary
or desirable to do so in order to protect the Wastewater System, or Persons or Property.
15.3
Each Monitoring Access Point, or alternative device or facility, shall be located as close to
the property line as possible, unless PHU has given prior written approval for a different
location.
15.4
Each Monitoring Access Point, or alternative device or facility, installed shall be designed
and constructed in accordance with good engineering practice and the requirements of the
Engineering Design Standards, and shall be constructed and maintained by the Customer at
the Customer's expense.
15.5
A Customer who is the Owner or operator of premises at which a Monitoring Access Point, or
alternative device or Facility, is installed shall at all times ensure that every Monitoring
Access Point, or alternative device or Facility, is accessible to PHU and its Inspectors for the
purposes of observing, sampling and flow measurement of the Wastewater, Uncontaminated
Water or Storm Water therein.
16
Overstrength Surcharge
16.1
In this section:
a)
'Additional Overstrength Concentration Limit' means the concentration limit, in
mg/L, of a Substance set out in Column 'B' of Schedule 'F' of this bylaw;
b)
'Additional Overstrength Surcharge Mass' means the mass, in kg, of a
Substance, to which an Additional Overstrength Surcharge is applied, which mass
is determined by applying the following formula:
Additional Overstrength Surcharge Mass = ((Measured Substance
Concentration - Additional Overstrength Concentration Limit) x Water
Volume) x 1,000,000 (to convert mg to kg);
c)
'Substance' means a substance identified in Schedule 'F' of this bylaw;
d)
'Overstrength Concentration Limit' means the concentration limit, in mg/L, of a
Substance set out in Column 'A' of Schedule 'F' of this bylaw;
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 41 of 59
e)
'Overstrength Surcharge Mass' means the mass, in kg, of a Substance, to which
an Overstrength Surcharge is applied, which mass is determined by applying the
following formula:
Overstrength Surcharge Mass = ((Measured Substance Concentration
- Overstrength Concentration Limit) x Water Volume) x 1,000,000 (to
convert mg to kg)
f)
'Measured Substance Concentration' means the concentration, in mg/L, of a
Substance found in Wastewater discharged, by the Customer, into the Wastewater
System; and
g)
'Water Volume' means:
i.
if the Property in question receives metered water service from PHU, the volume
of treated water delivered to, or consumed by, the Customer during the relevant
period; and
ii.
if the Property in question does not receive metered water service from PHU,
the volume of Wastewater discharged by the Customer into the Wastewater
System during the relevant period
as determined by PHU.
16.2
PHU may impose Overstrength Surcharges upon Customers who discharge, into the
Wastewater System, Wastewater containing one or more Substances with Measured
Substance Concentrations that exceed the applicable Overstrength Concentration Limit.
16.3
PHU may impose Additional Overstrength Surcharges upon Customers who discharge, into
the Wastewater System, Wastewater containing one or more Substances with Measured
Substance Concentrations that exceed the applicable Additional Overstrength Concentration
Limit, and, for greater certainty, such Additional Overstrength Surcharges shall be payable in
addition to, not in lieu of, the applicable Overstrength Surcharge.
16.4 The Overstrength Surcharges payable per unit of Overstrength Surcharge Mass and the
Additional Overstrength Surcharges payable per unit of Additional Overstrength Surcharge
mass are set out in the Fees and Charges Bylaw.
16.5 Overstrength Surcharges and Additional Overstrength Surcharges are payable in addition to
any other rates, fees, and charges payable for, or in connection with, Wastewater Services.
16.6 Testing to identify Substances present, and Measured Substance Concentrations, for the
purpose of calculating Overstrength Surcharges and Additional Overstrength Surcharges,
shall be conducted by PHU or its Inspector, or by the Customer to the satisfaction of PHU
that a representative sample is obtained, using automated sampling devices or in
accordance with the following manual sampling protocol:
a)
samples from the Wastewater produced at a location will be collected each day for
a minimum of two days;
b)
a minimum of four Grab Samples of equal volume shall be taken each day, such
samples to be taken at least one hour apart;
c)
the analysis shall be conducted on a Composite Sample made of each day's Grab
Samples; and
d)
the respective results of these tests for each of the days on which samples are
taken, shall be averaged to determine the characteristics and concentration of the
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 42 of 59
Wastewater being discharged into the Wastewater System
PART III - INTERCEPTORS AND PRE-TREATMENT
17.
Interceptors General
17.1
In addition to the specific requirements related to Interceptors set out within this Part, if the
Utility Service Guidelines or the Engineering Design Standards require a given Property to
have an Interceptor, or if PHU is of the opinion that an Interceptor is necessary for the proper
handling of liquid wastes from a given Property, the Customer who is the Owner or operator
of that Property shall install and maintain an Interceptor, at their sole cost, in accordance with
the Utility Service Guidelines and the Engineering Design Standards.
18.
Food-Related Grease Interceptors
18.1
Every Customer who is the Owner or operator of a restaurant or other Industrial, commercial,
or Institutional premises where food is cooked, processed or prepared, for which the
premises is connected directly or indirectly to the Wastewater System, shall take all
necessary measures to ensure that Oil and Grease are prevented from entering the
Wastewater System in excess of the provisions of this bylaw.
18.2
The Customer referred to in subsection 18.1 shall install, operate, and properly maintain, at
the Customer's expense, an Oil and Grease interceptor in any piping system at its premises
that connects directly or indirectly to the Wastewater System. The Oil and Grease
interceptors shall be installed in compliance with the most current requirements of the
applicable Building Code and the National Plumbing Code of Canada.
18.3
All Oil and Grease interceptors shall be maintained in good working order according to the
manufacturer's recommendations. The testing, maintenance, and performance of the
interceptor shall meet the requirements of CAN/CSA B-481. Traps should be cleaned before
the thickness of the organic material and solids residuals is greater than twenty- five percent
of the available volume; cleaning frequency should not be less than every four weeks.
Maintenance requirements should be posted in the workplace in proximity to the grease
interceptor. Maintenance and clean out shall be documented at the time it is performed.
18.4
A maintenance schedule and record of maintenance carried out shall be submitted to PHU
upon request for each interceptor installed.
18.5
A Customer who is the Owner or operator of premises as set out in subsection 18.1 shall, for
two years, keep the records which document the maintenance and clean outs performed for
interceptor clean-out and Oil and Grease disposal.
19.
Vehicle and Equipment Service Oil and Grease Interceptors
19.1
Every Customer who is the Owner or operator of a vehicle or equipment service station,
repair shop or garage, or of an Industrial, commercial, or Institutional premises or any other
establishment where motor vehicles are repaired, lubricated, or maintained and where the
discharge is directly or indirectly connected to the Wastewater System shall install an Oil and
Grease interceptor designed to prevent motor oil and lubricating grease from passing into the
Wastewater System in excess of the limits in this bylaw.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 43 of 59
19.2
The Customer referred to in subsection 19.1 shall install, operate, and properly maintain an
Oil and Grease interceptor in any piping system at its premises that connects directly or
indirectly to the Wastewater System. The Oil and Grease interceptors shall be installed in
compliance with the most current requirements of the applicable Building Code and be
maintained as recommended by the Canadian Fuels Association (formerly the Canadian
Petroleum Products Institute).
19.3
All Oil and Grease interceptors and separators shall be maintained in good working order
and according to the manufacturer's recommendations and shall be inspected regularly to
ensure performance is maintained to the manufacturer's specifications for performance and
to ensure the surface oil and sediment levels do not exceed the recommended level. In the
absence of manufacturer's recommendations, the floating Oil and Grease shall not
accumulate in the final stage chamber of the Oil and Grease separator in excess of 5% of the
wetted height and the settled solids shall not accumulate in the final stage chamber of the Oil
and Grease separator in excess of 25% of the wetted height. Maintenance and clean out
shall be documented at the time it is performed.
19.4
A maintenance schedule and record of maintenance shall be submitted to PHU upon
request for each Oil and Grease interceptor installed.
19.5
A Customer who is the Owner or operator of the premises as set out in subsection 19.1 shall,
for two years, keep the records which document the maintenance and clean outs performed
for interceptor clean-out and Oil and Grease disposal.
20.
Sediment Interceptors
20.1
Every Customer who is the Owner or operator of premises from which sediment may directly
or indirectly enter the Wastewater System, including but not limited to premises using a ramp
drain or area drain and vehicle wash establishments, shall take all necessary measures to
ensure that such sediment is prevented from entering the Wastewater System in excess of
the limits in this bylaw.
20.2
All sediment interceptors shall be maintained in good working order, at the Customer's
expense, according to manufacturer's recommendations and shall be inspected regularly to
ensure performance is maintained to the manufacturer's specifications for performance. In
the absence of manufacturer's recommendations, the settled solids shall not accumulate in
the final stage chamber of the sediment interceptor in excess of 25% of the wetted height.
Maintenance and clean out shall be documented at the time it is performed.
20.3
A maintenance schedule and record shall be submitted to PHU upon request for
each sediment interceptor installed.
20.4
A Customer who is the Owner or operator of a premises as set out in subsection 20.1, shall,
for two years, keep the records which document interceptor clean-out and sediment disposal.
21.
Dental Amalgam Separator
21.1
Every Customer who is the Owner or operator of premises from which Dental Amalgam may
be discharged, which waste may directly or indirectly enter the Wastewater System, shall
install, operate and properly maintain, at the Customer's expense, Dental Amalgam
Separator(s) with at least 95% efficiency in amalgam weight and certified ISO 11143 -
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 44 of 59
'Dental Equipment: Amalgam Separators', in any piping system at its premises that connects
directly or indirectly to the Wastewater System except where the sole dental-related practice
at the premises consists of one or more of the following specialties or type of practice:
a)
Orthodontics and dentofacial orthopedics;
b)
Oral and maxillofacial surgery;
c)
Oral medicine and pathology;
d)
Periodontics; or
e)
a dental practice consisting solely of visits by a mobile dental practitioner who
prevents any Dental Amalgam from being released directly or indirectly to the
Wastewater System.
21.2
Notwithstanding compliance with subsection 21.1 all Persons operating or carrying on the
business of a dental practice shall comply with Schedules 'D' and 'E' of this bylaw.
21.3
All Dental Amalgam Separators shall be maintained in good working order and according to
the manufacturer's recommendations.
21.4
A Customer who is the Owner or operator of a premises as set out in subsection 21.1, shall,
for two years, keep the records which document Dental Amalgam Separator clean-out and
waste disposal.
21.5
A maintenance schedule and record of maintenance shall be submitted to PHU upon
request for each Dental Amalgam Separator installed.
22.
Pre-Treatment Facilities
22.1
Where required by PHU, a Customer shall install, on premises that the Customer owns or
occupies, and prior to the sampling point, a Wastewater Pre-Treatment facility.
22.2
Pre-Treatment facilities shall be installed, operated, and maintained by the Customer at the
Customer's expense.
22.3
The Customer shall ensure the design, operation, and maintenance of the Pre-Treatment
facility achieves the treatment objectives, operates and is maintained in accordance with the
manufacturer's recommendations.
22.4
The maintenance records and waste disposal records shall be submitted to PHU upon
request.
22.5
The Customer shall keep documentation pertaining to the Pre-Treatment facility and waste
disposal for two years.
23.
Disposal
23.1
No Person shall discharge the waste products of an interceptor, Dental Amalgam Separator,
or Pre-Treatment facility into the Wastewater System or a Storm Sewer and shall ensure that
such waste products are disposed of in a safe manner.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 45 of 59
PART IV - COMPLIANCE PROGRAMS, BEST MANAGEMENT PRACTICES AND CODES OF
PRACTICE
24.
Compliance Programs
24.1
Without limiting any other provision of this bylaw governing Wastewater Discharge Permits, PHU
may require an Industry Customer to apply for and obtain a Wastewater Discharge Permit to
discharge Wastewater to the Wastewater System that does not comply with Schedule 'D'
and/or 'E' of this bylaw. The Industry Customer shall be entitled to make non- complying
discharges in the amount and only to the extent set out in the Wastewater Discharge Permit.
24.2
As a term set out in the Wastewater Discharge Permit, PHU, may require an Industry
Customer to submit a Compliance Program setting out activities to be undertaken by the
Industry Customer that would result in the prevention or reduction and control of the
discharge or deposit of Matter, including, without restriction, Uncontaminated Water, Ground
Water or Storm Water from the Industry Customer's premises into the Wastewater System.
This may include, but is not limited to, planning, design and construction or installation of
facilities or works needed to implement the approved Compliance Program.
24.3
Each Compliance Program shall include the following:
a)
a description of the processes at the premises which produce discharges that do
not comply with the requirements of this bylaw;
b)
a description of those processes at the premises which are to be the subject of the
Compliance Program;
c)
a list of non-complying pollutants present at the premises at any stage of the
operations at the premises;
d)
a description setting out the types, quantities, and concentrations of all non-
complying pollutants discharged, directly or indirectly, to the Wastewater System;
e)
a description of current Wastewater reduction, recycling, treatment and
compliance activities at the premises with respect to discharges to the Wastewater
System from the premises;
f)
a description of compliance options for non-complying pollutants and Wastewater
discharge and an evaluation of those options;
g)
a list of possible targets and timeframes (in compliance with any Wastewater
Discharge Permit that may have been issued to the Customer) to reduce or
eliminate the discharge of non-complying Matter to the Wastewater System;
h)
a declaration, from a Person authorized by the Industry Customer, that the content
of the Compliance Program is, to the best of that Person's knowledge, true,
accurate and complete.
24.4
Every proposed Compliance Program shall be for a specified length of time during which
Pre-Treatment facilities or other measures are to be installed or implemented and shall be
specific as to the remedial actions to be implemented by the Industry Customer, the dates of
commencement and completion of the activity and the materials or other characteristics of
the Matter to which it relates. The final activity completion date shall not be later than the
final compliance date in the Compliance Program.
24.5
Industry Customers that are required to submit a Compliance Program shall also submit a
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Water and Wastewater Bylaw
Page 46 of 59
Compliance Program progress report to PHU, within fourteen (14) days after the scheduled
completion date of each activity listed in the Compliance Program.
24.6
PHU may terminate any proposed Wastewater Discharge Permit related to a Compliance
Program by written notice at any time to the Industry Customer in the event that the Industry
Customer fails or neglects to carry out or diligently pursue the activities required of it under its
Compliance Program.
24.7
Where an Industry Customer receives notice from PHU that its Compliance Program has not
been approved, PHU may provide the Industry Customer with a date by which it must submit
an amended Compliance Program to PHU for approval in accordance with this section.
24.8
In the event that a Compliance Program resubmitted to PHU in accordance with subsection
28.7 does not comply with the requirements of this bylaw, PHU shall so notify the Industry
Customer and the Industry Customer shall be in contravention of subsection 24.1 and shall
continue to be in contravention until such time as PHU approves an amended Compliance
Program resubmitted by the Industry Customer, in accordance with this section.
24.9 When required by PHU, an Industry Customer which has received approval from PHU for its
Compliance Program shall submit a revised and updated Compliance Program for the
approval of PHU within the timeframe specified by PHU. Such revised and updated
Compliance Program shall, in addition to the requirements otherwise set out in this section,
detail and evaluate the progress of the Industry Customer to accomplish the objectives set
out in its Compliance Program.
24.10 A copy of the Compliance Program shall be kept at all times at the premises in respect of
which it was prepared and shall be available for inspection by PHU at any time.
25.
Best Management Practices and Codes of Practice
25.1
PHU may adopt Best Management Practices and Codes of Practice and may, without limiting
the generality of the foregoing, adopt Best Management Practices and Codes of Practice that
have been established or adopted by a third party.
25.2
PHU may define Designated Sector Operations to which a Code of Practice Applies and
may, without limiting the generality of the foregoing, adopt definitions or descriptions of
Designated Sector Operations that have been established by a third party.
25.3
A Code of Practice adopted by PHU applies to all Customers that fall within the Designated
Sector Operations to which that Code of Practice applies but does not apply to a Customer
that is subject to a Wastewater Discharge Permit, unless the Wastewater Discharge Permit
specifies otherwise, and does not apply to the discharge of Domestic Wastewater.
25.4
All Customers to whom a Code of Practice applies shall comply with that Code of Practice.
25.5
Nothing in a Code of Practice relieves a Person discharging Wastewater from complying with
this bylaw, a Wastewater Discharge Permit, or any other applicable enactment, but if a Code
of Practice establishes a requirement that is inconsistent with a requirement in this bylaw, the
requirement in the Code of Practice shall prevail.
25.6
A Customer that is subject to a Code of Practice must submit to PHU, a completed Code of
Practice registration form, in the form approved by PHU:
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Water and Wastewater Bylaw
Page 47 of 59
a)
within ninety (90) days after the date that the Code of Practice was adopted or
established, if the Customer was receiving Wastewater Services at the time that
the Code of Practice was adopted or established; and
b)
in all other cases, within thirty (30) days of the date on which the Customer began
to receive Wastewater Services.
25.7
A Customer who has submitted a Code of Practice registration form must report to PHU, any
change in the ownership, name, location, contact person, telephone number, or email
address of the Customer within thirty (30) days of the change by submitting a completed
Code of Practice registration form showing the changes.
25.8
A Customer who has submitted a Code of Practice registration form must, within 30 days of
any change in the Customer's practices or operations that results in the Customer no longer
falling within the Designated Sector Operations to which the Code of Practice applies, report
the change to PHU, by submitting a completed Code of Practice registration form describing
the changes.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 48 of 59
SCHEDULE 'D'
PROHIBITED WASTES
No Person shall discharge directly or indirectly or deposit or cause or permit the discharge or deposit
of Wastewater into the Wastewater System in circumstances where:
1.1
To do so may cause or result in:
a)
a health or safety hazard to a Person authorized by PHU to inspect, operate,
maintain, repair or otherwise work on the Wastewater System;
b)
an offence under, or contravention of, any applicable federal or provincial
legislation, or bylaw, as amended from time to time, or any regulation made
thereunder from time to time;
c)
Wastewater Sludge from the Wastewater Treatment Facility to which Wastewater
discharges, either directly or indirectly, to fail to meet the objectives and criteria as
listed in any applicable federal or provincial legislation, as amended from time to
time;
d)
interference with the operation or maintenance of the Wastewater System, or
which may impair or interfere with any Wastewater treatment process;
e)
a hazard to any Person, animal, property or vegetation;
f)
an offensive odour emanating from the Wastewater System, and without limiting
the generality of the foregoing, Wastewater containing hydrogen sulphide, carbon
disulphide, other reduced sulphur compounds, amines or ammonia in such
quantity as may cause an offensive odour;
g)
damage to the Wastewater System; or
h)
an obstruction or restriction to the flow in the Wastewater System;
1.2
The Wastewater has two or more separate liquid layers.
1.3
The Wastewater contains:
a)
a Hazardous Substance;
b)
combustible liquid;
c)
Biomedical Waste, including, but not limited to, any of the following categories:
human anatomical waste, animal waste, untreated microbiological waste, waste
sharps, and untreated human blood and body fluids known to contain viruses and
agents listed in 'Risk Group 4' as defined in 'Laboratory Biosafety Guidelines'
published by Health Canada, dated 2004, as amended;
d)
specified risk material for bovine spongiform encephalopathy as defined in the
federal Fertilizers Regulations, including material from the skull, brain, trigeminal
ganglia, eyes, tonsils, spinal cord, and dorsal root ganglia of cattle aged 30 months
or older, or material from the distal ileum of cattle of all ages;
e)
dyes or colouring materials which may or could pass through the Wastewater
System and discolour the Wastewater within the Wastewater System;
f)
Fuel;
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 49 of 59
g)
Ignitable Waste;
h)
Pathological Waste;
i)
PCBs;
j)
a Pesticide which is not otherwise regulated in this bylaw;
k)
Reactive Waste;
l)
a Toxic Substance which is not otherwise regulated in this bylaw;
m)
Waste Radioactive Substances in excess of concentrations greater than those
specified for release to the environment under the Nuclear Safety and Control Act
and Regulations or amended versions thereof; or
n)
solid or viscous substances in quantities or of such size to be capable of causing
obstruction to the flow in the Wastewater System, including but not limited to
ashes, bones, cinders, sand, mud, soil, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, unground garbage, animal parts or tissues, and
paunch manure;
1.4
The Wastewater contains a concentration, expressed in milligrams per litre, in excess of any
one or more of the limits in Schedule 'E' of this bylaw, unless:
a)
the discharge is in accordance with a valid Wastewater Discharge Permit,
b)
the discharge is authorized in a Code of Practice approved by PHU; and
c)
all requirements of Part III of Schedule 'C' of this Bylaw (Interceptors and Pre-
Treatment) have been fully satisfied.
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 50 of 59
SCHEDULE 'E'
RESTRICTED WASTES
The following substances are Restricted Waste when present in Wastewater at a concentration in
excess of the applicable concentration listed below:
Table A - CONVENTIONAL CONTAMINANTS
Substance
Concentration Limit
(mg/L)
Biochemical Oxygen Demand
10,000
Chemical Oxygen Demand
20,000
Oil and Grease, Total - Animal and Vegetable + Mineral and
Synthetic/Petroleum Hydrocarbons
500
Total Suspended Solids
5,000
Total Kjeldahl Nitrogen
500
Phosphorus
200
Concentrations that do not exceed these constituent concentrations limits are permitted for
discharge, however, may be subject to an Overstrength Surcharge or Additional Overstrength
Surcharge.
Table B - INORGANIC CONTAMINANTS
Substance
Concentration Limit
(mg/L)
Arsenic (As)
1.0
Cadmium (Cd)
0.10
Chlorine (total) (Cl2)
5.0
Chromium (Hexavalent) (Cr+6)
2.0
Chromium (total) (Cr)
4.0
Cobalt (Co)
5.0
Copper (Cu)
2.0
Cyanide (CN)
2.0
Lead (Pb)
1.0
Mercury (Hg)
0.10
Molybdenum (Mo)
5.0
Nickel (Ni)
4.0
Selenium (Se)
1.0
Silver (Ag)
5.0
Sulphide (S=)
3.0
Thallium (Tl)
1.0
Zinc (Zn)
2.0
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 51 of 59
Schedule 'E' - Restricted Wastes (con't)
Table C - ORGANIC CONTAMINANTS
Substance
Concentration Limit
(mg/L)
Benzene
0.5
Ethylbenzene
0.5
Oil and Grease - Mineral and Synthetic/Petroleum Hydrocarbons
100
Phenols, Total (or phenolic compounds)
1.0
Toluene
0.5
Xylene
0.5
Wastewater that falls outside one or more of the parameter limits listed below is Restricted
Waste:
Table D - PHYSICAL PARAMETERS
Parameter
Limit
Flashpoint
Not ≤ 60.5° C
Lower Explosive Limit (LEL) in headspace
10% of the LEL
pH
6.0 - 11.5 (unitless)
Temperature
60 degrees Celsius
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 52 of 59
SCHEDULE 'F'
WASTEWATER OVERSTRENGTH LIMITS
Column A
Column B
Substance
Overstrength
Surcharge
Concentration Limits,
(mg/L)
Additional
Overstrength
Concentration Limits,
(mg/L)
Biochemical Oxygen Demand (BOD)
300
3000
Chemical Oxygen Demand (COD)
600
6000
Oil and Grease , Total (O&G) - Animal
and Vegetable + Mineral and
Synthetic/Petroleum Hydrocarbons
100
400
Total Suspended Solids (TSS)
300
3000
Total Kjeldahl Nitrogen (TKN)
50
200
Total Phosphorus (TP)
10
75
Note: Concentrations in Column A become surchargeable with a second-tier surcharge when
reaching concentrations in Column B
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 53 of 59
SCHEDULE 'G'
SPECIFIED PENALTIES
Section
Description
Penalty
Municipal Tag
Violation Ticket
First
Offence
Second or
Subsequent
Offence
First
Offence
Second or
Subsequent
Offence
Bylaw, s. 20
Obstruct an
authorized
representative
$5,000
$10,000
$8,000
$12,000
Schedule 'A', s. 6(2)(c)
Backfill before
Service Connection
inspection
$2,500
$4,000
$3,000
$4,500
Schedule 'A', s. 7
Contravention of
Repair and
Maintenance
Requirements
$500
$1,000
$1,000
$2,000
Schedule 'A', s. 9(2)
Interfere with
another Customer's
Service Connection
/Utility Services
$1,000
$2,000
$2,000
$4,000
Schedule 'A', s. 12(1)
Obstruct access to
Facilities
$4,000
$9,000
$5,000
$10,000
Schedule 'A', s. 12(2)
Failure to manage
vegetation on
Property
$500
$1,000
$1,000
$1,500
Schedule 'A', s. 12(3)
Install structure that
interferes with proper
and safe operation of
Facilities
$2,500
$4,000
$3,000
$5,000
Schedule 'A', s. 13
Interfere with or alter
Facilities
$2,500
$4,000
$3,000
$6,000
Schedule 'A', s. 16
Extend Customer
owned- infrastructure
beyond Property
$2,000
$4,000
$3,000
$6,000
Schedule 'A', s. 25(3)
Hinder or prevent an
Inspector from
carrying out duties
$5,000
$10,000
$8,000
$12,000
Schedule 'A', s. 27(2)
Supply false or
inaccurate information
$5,000
$10,000
$8,000
$12,000
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 54 of 59
Section
Description
Penalty
Municipal Tag
Violation Ticket
First
Offence
Second or
Subsequent
Offence
First
Offence
Second or
Subsequent
Offence
Schedule 'B', s. 1(3)
Fail to comply with
Water Conservation
and Demand
Management
Measures
$3,000
$6,000
$4,000
$7,000
Schedule 'B', s. 3(1)(a)
Obtain water from
source not
connected to the
Water System, after
connection to Water
System
$1,000
$2,000
$1,500
$3,000
Schedule 'B', s. 3(1)(b)
Fail to decommission
alternate water
supply, after
connection to Water
System
$1,000
$2,000
$1,500
$3,000
Schedule 'B', s. 3(3)
Connect an alternate
water source to the
Water System
$1,000
$2,000
$1,500
$3,000
Schedule 'B', s. 4
Unauthorized resale
or supply of water
$1,000
$2,000
$1,500
$3,000
Schedule 'B', s. 5(1)
Unauthorized use of
water
$1,000
$2,000
$1,500
$3,000
Schedule 'B', s. 10
Contravention of
Customer Meter
installation rules and
requirements
$1,000
$2,000
$1,500
$3,000
Schedule 'B'. s. 11
Contravention of
General Meter
Restrictions
$1,000
$2,000
$1,500
$3,000
Schedule 'B' s. 18(1)
Unauthorized
operation of a fire
hydrant
$2,500
$4,000
$3,000
$6,000
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 55 of 59
Section
Description
Penalty
Municipal Tag
Violation Ticket
First
Offence
Second or
Subsequent
Offence
First
Offence
Second or
Subsequent
Offence
Schedule 'B', s. 19
Obstruct access to
or operation of a fire
hydrant
$2,500
$4,000
$3,000
$6,000
Schedule 'B', s. 20
Contravention of
requirement
respecting Private
Fire Protection
Equipment
$2,500
$4,000
$3,000
$6,000
Schedule 'B' s. 21
Unauthorized Cross
Connection
$2,500
$4,000
$3,000
$6,000
Schedule 'B', s. 22(1)
Customer fails to
install required Cross
Connection Control
Device
$2,500
$4,000
$3,000
$6,000
Schedule 'B', s. 22(2)
Customer
contravenes Cross
Connection Control
Device installation,
inspection, repair, or
maintenance
requirements
$2,500
$4,000
$3,000
$6,000
Schedule 'C', s. 2(1)(a) Unauthorized use of
Private Wastewater
Disposal System,
after connection to
Wastewater System
$1,000
$2,000
$1,500
$3,000
Schedule 'C', s. 2(1)(b) Fail to decommission
Private Wastewater
Disposal System,
after connection to
Wastewater System
$1,000
$2,000
$1,500
$3,000
Schedule 'C', s. 2(3)
Allow Private
Wastewater Disposal
System to be
connected to the
Wastewater System
$1,000
$2,000
$1,500
$3,000
Schedule 'C', s. 4
Contravention of
requirement
respecting protection
$1,000
$2,000
$1,500
$3,000
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 56 of 59
Section
Description
Penalty
Municipal Tag
Violation Ticket
First
Offence
Second or
Subsequent
Offence
First
Offence
Second or
Subsequent
Offence
of Wastewater
System
Schedule 'C', s. 5(1)(a) Impede Wastewater
Use of other
Customers
$1,000
$2,000
$1,500
$3,000
Schedule 'C', s. 5(1)(b) Use Wastewater
System without an
Account
$1,000
$2,000
$1,500
$3,000
Schedule 'C', s. 5(1)(c) Use Wastewater
System in
unauthorized manner
$1,000
$2,000
$1,500
$3,000
Schedule 'C', s. 6(1)
Discharge matter
other than Domestic
Wastewater
$1,500
$3,000
$2,000
$4,000
Schedule 'C', s. 6(2)
Release or permit
the release of any
Prohibited Waste or
Restricted Waste
without a valid
Wastewater
Discharge Permit
$4,000
$9,000
$5,000
$10,000
Schedule 'C', s. 6(3)
Discharge
Wastewater into the
Wastewater System
in contravention of a
prohibition or limit
established
$1,500
$3,000
$2,000
$4,000
Schedule 'C', s. 6(5)
Discharge into
Wastewater System
prior to obtaining a
Wastewater
Discharge Permit
$4,000
$9,000
$5,000
$10,000
Schedule 'C', s. 6(7)
Fail to comply with
Wastewater
Discharge Permit
$1,500
$3,000
$2,000
$4,000
Schedule 'C', s. 7(1)
Discharging
commercial, trade,
industrial or
$3,000
$6,000
$4,000
$7,000
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 57 of 59
Section
Description
Penalty
Municipal Tag
Violation Ticket
First
Offence
Second or
Subsequent
Offence
First
Offence
Second or
Subsequent
Offence
manufacturing Matter
without approval or
proper Pre-
Treatment
Schedule 'C', s. 8
Diluting Wastewater
to allow for
discharge into
Wastewater System
$2,500
$4,000
$3,000
$5,000
Schedule 'C', s. 10
Failure to complete
monitoring or
sampling and
provide results to
PHU as required
$1,500
$3,000
$2,000
$4,000
Schedule 'C', s. 11
Contravention of
Hauled Wastewater
requirements
$1,500
$3,000
$2,000
$4,000
Schedule 'C', s. 12
Discharge Non-
Contact Cooling
Water or
Uncontaminated
Water to Wastewater
System from a
residential premises
contrary to a
Wastewater
Discharge Permit
$1,500
$3,000
$2,000
$4,000
Schedule 'C', s. 13
Discharge of water
originating from a
source other than
PHU's water supply
to Wastewater
System without or
contrary to a
Wastewater
Discharge Permit
$2,500
$5,000
$3,000
$5,000
Schedule 'C', s. 14
Contravention of
requirements for
Spill response
$4,000
$8,000
$5,000
$10,000
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 58 of 59
Section
Description
Penalty
Municipal Tag
Violation Ticket
First
Offence
Second or
Subsequent
Offence
First
Offence
Second or
Subsequent
Offence
Schedule 'C', s. 15
Contravention of
requirements for
Monitoring Access
Points
$2,500
$5,000
$3,000
$4,500
Schedule 'C', s. 17
Contravention of
requirements for
Interceptor (General)
$2,500
$4,000
$3,000
$5,000
Schedule 'C', s. 18
Contravention of
requirements for
Food-Related
Grease Interceptors
$2,500
$4,000
$3,000
$5,000
Schedule 'C', s. 19
Contravention of
requirements for Oil
and Grease
Interceptors
$2,500
$4,000
$3,000
$5,000
Schedule 'C', s. 20
Contravention of
requirements for
Sediment
Interceptors
$2,500
$4,000
$3,000
$5,000
Schedule 'C', s. 21
Contravention of
requirements for
Dental Amalgam
Separator
$2,500
$4,000
$3,000
$5,000
Schedule 'C', s. 22
Contravention of
requirements for Pre-
Treatment facilities
$2,500
$4,000
$3,000
$5,000
Schedule 'C', s. 23
Discharge waste
products of an
interceptor, Dental
Amalgam Separator
or Pre- Treatment
facility into the
Wastewater System
or a Storm Sewer
$2,500
$4,000
$3,000
$5,000
Schedule 'C', s.24
Contravention of
requirements
Compliance Program
$3,000
$6,000
$4,000
$7,000
Bylaw No. 2081-24
Water and Wastewater Bylaw
Page 59 of 59
Section
Description
Penalty
Municipal Tag
Violation Ticket
First
Offence
Second or
Subsequent
Offence
First
Offence
Second or
Subsequent
Offence
Schedule 'C', s. 25
Contravention of
requirements related
to Best Management
Practices and Codes
of Practice
$2,500
$4,000
$3,000
$5,000