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WHEATLAND COUNTY
BYLAW NO. 2021-33
THE WATER AND SEWAGE SERVICES BYLAW
WHEREAS, pursuant to section 3 of the Municipal Government Act 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;
NOW THEREFORE the Council of Wheatland County, in the Province of Alberta, duly assembled,
enacts as follows:
Bylaw Title
1
This Bylaw shall be known as "The Water and Sewage Services Bylaw".
Purpose
2
The purpose of this Bylaw is to regulate and provide for the terms, conditions, rates, fees and
charges for the supply and use of Water Services and Sewage Services provided by the
County.
Definitions
3
In this Bylaw, unless otherwise specified or the context otherwise requires:
(a)
"Account" means an agreement between a Customer and the County 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 the County;
(b)
"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, AIR 229/97, as amended or replaced from
time to time;
(c)
"Chief Administrative Officer"
means the chief administrative officer of
Wheatland County or the chief administrative officer's delegate;
(d)
"Council" means the municipal council of Wheatland County;
(e)
"County" means the municipal corporation of Wheatland County and its duly
authorized employees, agents, contractors and other representatives, or the
geographic area contained within the boundaries Wheatland County, as the
context requires;
(f)
"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;
(g)
"Cross Connection Control Device" means a testable CSA certified device that
prevents the backflow of water;
(h)
"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;
(i)
"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;
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Bylaw No. 2021-31
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()
"Dwelling" means a private residence with sleeping and cooking facilities used or
intended to be use as a residence;
"Engineering Design Standards" means the County's Minimum Engineering
Design Standards adopted by the Chief Administrative Officer from time to time or,
in the absence of such standards, generally accepted municipal engineering
standards;
(I)
"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;
(m)
"Facilities" means any infrastructure forming part of:
i.
the Water System, including without limitation: water treatment plants,
reservoirs, pumping stations, Water Mains, Water Service Lines, 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 County that is used to
produce and supply potable water to Customers; or
i .
the Sewage System, including without limitation: Sewage treatment
plants, Sewage lagoons, pumping stations, Sewer Mains, Sewer
Service Lines, valves, fittings, chambers, Meters, and all other
equipment and machinery of whatever kind owned by the County that
is used for the collection, transmission, treatment and disposal of
Sewage;
as the context requires.
(n)
"Hazardous Waste" has the same meaning as in the Environmental Protection
and Enhancement Act and associated regulations;
(o)
"Master Schedule of Fees Bylaw means the Master Schedule of Fees Bylaw#
2021-21, as may be amended or replaced by Council by bylaw from time to time;
(p)
"Meter" means the individual or compound water meter and all other equipment
and instruments, including but not limited to, radio frequency units and remote
meter reading devices supplied and used by the County to calculate and register
the amount of water consumed relative to the land and buildings that the Meter is
designed to monitor;
(q)
"Multiple Dwelling" means a wholly or partially residential development containing
more than one Dwelling, whether or not the development is within a single building;
(r)
"Municipal Tag" means a tag or similar document issued by the County pursuant
to the Municipal Government Act that alleges a bylaw offence and provides a
Person with the opportunity to pay an amount to the County in lieu of prosecution
for the offence;
(s)
"Occupant" means a Person occupying a Property, including a lessee or licensee,
who has actual use, possession or control of the Property;
(t)
"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;
(u)
"Peace Officer" includes a Bylaw Enforcement Officer appointed by the County, a
Community Peace Officer whose appointment includes enforcement of the
County's Bylaws and a member of the Royal Canadian Mounted Police;
(v)
"Person" means any individual, firm, partnership, association, corporation, trustee,
executor, administrator or other legal representative to whom the context applies
according to law;
(w)
"Private Drainage Line" means that portion of a Service Connection that extends
from the property line to an improvement or location on a Customer's Property that
receives, or is to receive Sewage Services, comprised of the Customer-owned
Page 2 of 26
(k)
Bylaw No. 2021-31
Page 3 of 26
assembly of pipes, fittings, fixtures, traps and appurtenances for the collection and
transmission of Sewage into the Sewage System;
(x)
"Private Sewage Disposal System" means a system for the treatment and
disposal of Sewage that is not connected to the Sewage System, including on-site
Sewage treatment systems as defined in the Alberta Private Sewage Systems
Standard of Practice;
(y)
"Private Water Line" means that portion of a Service Connection that extends
from the property line to an improvement or location on a Customer's Property that
receives, or is to receive, Water Services, comprised of the Customer-owned
assembly of pipes, fittings, fixtures, traps and appurtenances for providing water
to a Customer's Property, excluding the Meter owned by the County;
(z)
"Property" means:
i.
in the case of land, a parcel of land including any buildings; or
ii.
in other cases, personal property;
(aa)
"Recreational Vehicle" means a vehicular or trailer type unit designed to provide
temporary living quarters for recreational, camping, travel or seasonal use;
(bb)
"Service Connection" means all of the Facilities required to achieve a physical
connection between:
i.
the County's 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 and a Private Water Line;
or
i .
the County's Sewer Main and the structure, improvement or location
that receives Sewage Services, to allow a Customer to discharge
Sewage, which includes a Sewer Service Line and a Private Sewage
Line;
as the context requires;
(cc)
"Sewage" means the composite of water and water-carried wastes discharged
from residential, commercial, industrial or institutional Properties;
(dd)
"Sewage Services" includes the collection, transmission, treatment and disposal
of Sewage, as applicable, and associated services offered to the Customer under
this Bylaw;
(ee)
"Sewage System" means the Facilities used by the County for the collection,
transmission, treatment and disposal of Sewage, which is deemed to be a public
utility within the meaning of the Municipal Government Act;
(ff)
"Sewer Main" means those pipes installed for the collection and transmission of
Sewage within the County to which a Service Connection may be connected;
(gg)
"Sewer Service Line" means that portion of a Service Connection owned by the
County that extends from the Sewer Main to the property line of a Property that
receives, or is to receive, Sewage Services;
(hh)
"Subsidiary Meter" means a privately owned Meter installed on Property at the
Customer's expense and utilized strictly for the Customer's purposes;
(ii)
"Terms and Conditions" means the terms and conditions in respect of Water
Services and Sewage Services described in Schedules "A", "B", "C" and "D";
Uj)
"Utility Services" means Water Services or Sewage Services or both;
(kk)
"Utility Services Guidelines" means those guidelines, policies, procedures,
protocols, requirements, specifications or standards adopted by the Chief
Administrative Officer from time to time pursuant to Section 9 of this Bylaw;
(II)
"Violation Ticket" has the same meaning as in the Provincial Offences Procedure
Act;
(mm)
"Water Conservation and Demand Management Measures" means restrictions
upon the use of water for non-essential purposes, including but not limited to:
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irrigation, watering livestock, washing of vehicles, driveways or sidewalks, and any
other purpose where water is utilized externally to a building and on any certain
day or for a certain time period;
(nn)
"Water Main" means those pipes installed for the conveyance of potable water
within the County to which Service Connections may be connected;
(oo)
"Water Service Line" means that portion of a Service Connection owned by the
County that extends from the Water Main to the property line of a Property that
receives, or is to receive, Water Service;
(pp)
"Water Services" means the provision of potable water by the County to a
Customer's Property and associated services offered to the Customer under this
Bylaw; and
(qq)
"Water System" means the Facilities used by the County to supply potable water
to Customers, which is deemed to be a municipal public utility within the meaning
of the Municipal Government Act.
Rules of Interpretation
4
( 1) The headings in this Bylaw are for guidance purposes and convenience only.
(2) Any reference to the provisions of a Provincial or Federal statute or regulation, or other
bylaw, is a reference to that statute, regulation or bylaw, as amended from time to time.
Other Legal Requirements
5
Nothing in this Bylaw relieves a Person from complying with any provision of any Provincial
or Federal statute or regulation, other bylaw or any requirement of any lawful permit, order
or licence.
PART I- PROVISION OF UTILITY SERVICES
Other Public Utilities Prohibited
6
No Person shall provide a utility service within the County that is the same or similar in type
to the Utility Services provided by the County pursuant to this Bylaw, unless authorized by
Council.
Terms and Conditions
7
All Utility Services shall be provided by the County in accordance with Schedules "A", "B", "C"
and "D" of this Bylaw, as applicable.
Rates, Fees and Charges
8
(1) The County will provide Utility Services to Customers within the County at the rates, fees
or other charges specified in the Master Schedule of Fees Bylaw.
(2) Subject to subsection (3), additional services provided by the County to a Customer will
be billed to the Customer in accordance with an agreement between the Customer and
the County.
(3) 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 the County 's favour
may, at the Chief Administrative Officer's sole option, and in addition to any other legally
available remedies, be added to a Customer's Account as an additional amount due and
payable by the Customer to the County.
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Page 5 of 26
Utility Services Guidelines
9
(1) Subject to subsection (2), the Chief Administrative Officer may adopt, amend, repeal and
replace Utility Services Guidelines from time to time as the Chief Administrative Officer
deems advisable.
(2) Utility Services Guidelines must not be inconsistent with this Bylaw and, in the event of an
inconsistency, this Bylaw shall prevail.
(3) Without limiting the generality of subsection (1), Utility Services 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: opening an Account, making payments on an Account, consequences
for failure to pay Accounts in full, lost bills, dishonoured cheques, collection of
delinquent Accounts, adjusting
improperly billed Accounts,
Utility Services
application fees, handling of confidential Customer Account information, closing
an Account, and any other matter relating to Customer Accounts;
(c)
measurement of water consumption, including without limitation provision or
requirements concerning: meter inspection and testing, meter settings, chambers
and installations, meter reading, disputes concerning meter data, estimates of
consumption or Subsidiary Meters, remote meter reading devices, relocation of
meters, access for meter readers, and adjustments to bills when meters have
malfunctioned;
(d)
procedures or requirements concerning investigating Customer complaints and
concerns;
(e)
procedures or requirements for provision of temporary Water Services, including
without limitation Water Services provided during the construction phase of a
development;
(f)
procedures or requirements that a Customer must comply with in order to access
a County bulk water station;
(g)
procedures or requirements for upgrading, re-sizing, relocating or otherwise
changing a Service Connection, whether at the instigation of the County or at the
request of a Customer;
(h)
the turn-on and turn-off of Water Services, whether at the instigation of the County
or at the request of a Customer; and
(i)
supply of water for firefighting purposes, including without limitation procedures or
requirements concerning the maintenance of public and private fire hydrants and
permissible use of water from fire hydrants.
Notices
10 Any notice required to be provided to a Customer pursuant to this Bylaw may be served:
(a)
personally on the Customer;
(b)
by e-mail if the Customer has consented to receive documents from the County by
e-mail and has provided an e-mail address to the County for that purpose; or
(c)
by mailing or delivering a copy of the notice to the last known address of the
Customer as disclosed in the County's assessment roll for the Property.
Authority of the Chief Administrative Officer
11 \Without restricting any other power, duty or function granted by this Bylaw, the Chief
Administrative Officer 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;
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Bylaw No. 2021-31
Page 6 of 26
(b)
establish forms for the purpose of this Bylaw; and
(c)
delegate any powers, duties or functions under this Bylaw to an employee of the
Municipality.
PART II - ENFORCEMENT
Offence
12 A Person who contravenes any provision of this Bylaw is guilty of an offence.
Continuing Offence
13 In the case of an offence that is of a continuing nature, a contravention constitutes a separate
offence in respect of each day, or part of a day, on which it continues and a Person guilty of
such an offence is liable to a fine in an amount not less than that established by this Bylaw for
each such day.
Vicarious Liability
14 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.
Corporations and Partnerships
15
(1) When a corporation commits an offence under this Bylaw, every principal, director,
manager, employee or agent of the corporation who authorized the act or omission that
constitutes the offence or assented to or acquiesced or participated in the act or omission
that constitutes the offence is guilty of the offence whether or not the corporation has been
prosecuted for the offence.
(2) If a partner in a partnership is guilty of an offence under this Bylaw, each partner in that
partnership who authorized the act or omission that constitutes the offence or assented to
or acquiesced or participated in the act or omission that constitutes the offence is guilty of
the offence.
Fines and Penalties
16
(1) A Person who is guilty of an offence under this Bylaw is liable to a fine in an amount not
less than $50.00 and not exceeding $2,500.00.
(2) Without restricting the generality of subsection (1) the fine amounts established for use on
Municipal Tags and Violation Tickets for offences under this Bylaw, if a voluntary payment
option is offered, are as follows:
i)
for a first offence, a specified penalty of $50.00;
i ) for a second offence, a specified penalty of $100.00; and
i i) for a third or subsequent offence, a specified penalty of $200.
Municipal Tag
17
(1) A Peace Officer is hereby authorized and empowered to issue a Municipal Tag to any
Person who the Peace Officer has reasonable and probable grounds to believe has
contravened any provision of this Bylaw.
(2) A Municipal Tag may be issued to such Person:
(a)
either personally; or
(b)
by mailing a copy to such Person at the Person's last known post office address.
(3) The Municipal Tag shall be in a form approved by the Chief Administrative Officer and
shall state:
(a)
the name of the Person;
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Bylaw No. 2021-31
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(b)
the offence;
(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 Chief Administrative Officer.
Payment in Lieu of Prosecution
18 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 County the penalty
specified within the time period indicated on the Municipal Tag.
Violation Ticket
19
(1) If a Municipal Tag has been issued and if the specified penalty has not been paid within
the prescribed time, then a Peace Officer is hereby authorized and empowered to issue a
Violation Ticket pursuant to the Provincial Offences Procedure Act.
(2) Notwithstanding subsection (1), a Peace Officer is hereby authorized and empowered to
immediately issue a Violation Ticket pursuant to the Provincial Offences Procedure Act to
any Person who the Peace Officer has reasonable and probable grounds to believe has
contravened any provision of this Bylaw.
(3) 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.
Voluntary Payment
20 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;
make a voluntary payment by submitting to a Clerk of the Provincial Court, on or before
the initial appearance date indicated on the Violation Ticket, the specified penalty set out
on the Violation Ticket.
Obstruction
21
No Person shall obstruct, hinder or impede any authorized representative of the County in
the exercise of any of their powers or duties pursuant to this Bylaw.
PART Ill - GENERAL
Schedules
22 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 Sewage Services;
Severability
23
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.
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Repeal
24 This Bylaw repeals the Wheatland Sewer and Waterworks By-Law 2017-19, as amended.
Enactment
25 This Bylaw takes effect upon being passed.
READ a first time this 21 day of December, 2021.
READ a second time this 21 day of December, 2021.
READ a third time this 21 day of December, 2021.
SIGNED AND PASSED this 21° day of December, 2021.
-
Chief Administrative Officer
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Bylaw No. 2021-31
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SCHEDULE "A"
GENERAL TERMS AND CONDITIONS OF UTILITY SERVICES
PART I- GENERAL WATER AND SEWAGE SERVICES PROVISIONS
Supply of Utility Services
1
(1) The County having constructed, operated and maintained a Water System as a municipal
public utility shall continue, insofar as there is sufficient capacity and supply, to supply
Water Services, upon such terms as Council considers advisable, to any Property within
the County that is situated adjacent to a County Water Main, upon the written request of
the Owner of the Property.
(2) The County having constructed, operated and maintained a Sewage System as a public
utility shall continue, insofar as there is sufficient capacity and supply, to supply Sewage
Services, upon such terms as Council considers advisable, to any Property within the
County that is situated adjacent to a County Sewer Main, upon the written request of the
Owner of the Property.
(3) If there is no County Water Main or County Sewer Main adjacent to a Property, the County
shall not be obliged to provide Utility Services to the Property but may, in its sole and
unfettered discretion, agree to construct new Facilities or an extension to or modification
of the Water System or Sewage System, or both, in order to supply Utility Services to the
Property, subject to the Customer entering into a customer service application and
agreement on terms acceptable to the County including, without limitation, the Customer
agreeing to pay costs associated with the construction of any new Facilities, extension to
or modification of the Water System or Sewage System, or both, that may be required in
order to supply Utility Services to the Property.
(4) All Utility Services provided by the County shall be provided in accordance with these
Terms and Conditions, and these Terms and Conditions shall apply to and be binding
upon all Customers receiving Utility Services from the County.
No Guarantee of Continuous Supply
2
(1) The County does not guarantee or warrant the continuous supply of potable water and the
County 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) 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. The County
assumes no responsibility for same.
(3) The County does not guarantee or warrant the continuous capacity to collect, store and
transmit Sewage and the County reserves the right to restrict the availability of Sewage
Services or to disconnect or shut-off Sewage Services, in whole or in part, with or without
notice, in accordance with this Bylaw.
(4) The County shall not be liable for damages, including losses caused by a break within the
County's Water System or Sewage System or caused by the interference or cessation of
water supply including those necessary or advisable regarding the repair or proper
maintenance of the County's Water System or Sewage System, or generally for any
accident due to the operation of the County's Water System or Sewage 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
Application for Service Connection
3
(1) A Customer requesting Utility Services involving a new Service Connection shall apply to
the Chief Administrative Officer by paying all associated fees and supplying information
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Bylaw No. 2021-31
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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 reasonably be required by
the Chief Administrative Officer.
(2) Without limiting the generality of subsection (1 ), the Chief Administrative Officer may
require a Customer, in conjunction with an application under subsection (1 ), to submit a
water modelling application, in a form acceptable to or adopted by the Chief Administrative
Officer, along with any associated fee, which application may be utilized to determine if
the requested Service Connection is feasible.
(3) Upon receipt of all required application documents, information and fees, verification of
the Customer's identity and the accuracy of the information, the Chief Administrative
Officer will advise the Customer whether and on what terms the County 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.
Easements and Rights-of-Way
4
At the request of the Chief Administrative Officer, the Customer shall grant or cause to be
granted to the County, without cost to the County, such easements or rights-of-way over, upon
or under Property owned or controlled by the Customer as the County may reasonably require
for the construction, installation, maintenance, repair, and operation of the Water System or
Sewage System.
Design and Engineering Requirements for Service Connections
5
Detailed requirements for engineering and construction of Service Connections are set out in
the Engineering Design Standards, or as may be otherwise directed by the Chief
Administrative Officer.
It is the Customer's responsibility to supply, at the Customer's cost,
any plans and engineering reports pertaining to the Service Connection that the County may
reasonably require, signed and sealed by a professional engineer.
Construction of Service Connections
6
(1) The County shall provide and install all Facilities up to the Customer's property line,
subject to the terms of this Bylaw, including, without limitation, payment of service
connection fees by the Customer.
(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 Drainage Line and all other
piping and equipment or other facilities of any kind whatsoever on the Customer's side of
the property line and:
(a)
shall ensure that the Customer's proposed Private Water Line or Private Drainage
Line, as applicable, receives approval from the County 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 the County has inspected and
approved of the work.
(3) If an excavation is backfilled in contravention of clause (2)(c), the Chief Administrative
Officer may, in addition to any other rights and remedies that may be available to the
County, require the Customer in question to dig out and expose the work at the Customer's
cost.
Repair and Maintenance of Private Drainage and Water Lines
7
( 1) The Customer is responsible for the repair, maintenance and replacement of Private
Drainage Lines and Private Water Lines located on the Customer's Property, and for all
associated costs.
(2) The Chief Administrative Officer may require a Customer to perform work described in
subsection (1) if the Chief Administrative Officer, in his or her discretion, considers such
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Bylaw No. 2021-31
Page 11 of 26
work to be necessary or desirable for the protection or proper operation of the Water
System or Sewage System, as applicable.
(3) Where the Chief Administrative Officer requires a Customer to perform work pursuant to
subsection (2), the Chief Administrative Officer shall establish a deadline by which the
work in question must be completed by the Customer.
(4) If the Customer fails to complete, by the deadline established under subsection (3), all
work required, to the satisfaction of the Chief Administrative Officer, the County may, at
its option, and in addition to any other remedy available, enter onto the Customer's
Property and perform the work.
(5) The Customer shall pay all costs incurred by the County in performing work pursuant to
subsection (4).
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 the County and for the condition, suitability and safety
of all devices or equipment necessary for receiving Utility Services that are located on the
Customer's Property.
(2) The Customer shall be responsible for determining whether the Customer requires any
devices to protect the Customer's Property from damage that may result from the use of
a Service Connection or Utility Services, or to protect the safety or reliability of the Water
System or Sewage System. The Customer shall provide and install any such devices at
the Customer's sole expense.
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, regulations, codes, and standards and with the County's
specifications.
(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.
(3) A Customer who has breached subsection (2) shall, at the Chief Administrative Officer's
request, take whatever action is required to correct such interference or disturbance at the
Customer's expense.
-
Abandonment of Service Connection
10 Whenever a Customer wishes to abandon a Service Connection, the Customer shall first
obtain approval from the Chief Administrative Officer for the method and location of
abandonment and the Customer shall assume responsibility for all associated costs.
Ownership of Facilities
11
(1) The County retains ownership of all Facilities necessary to provide Utility Services to a
Customer, up to the Customer's property line, unless a written agreement between the
County and a Customer specifically provides otherwise.
(2) Payment made by a Customer for costs incurred by the County for supplying and installing
Facilities does not entitle the Customer to ownership of any such Facilities, unless a written
agreement between the County and the Customer specifically provides otherwise.
Access to Facilities
12
(1) No Person shall obstruct or impede the County's free and direct access to any Facilities.
(2) A Customer shall be responsible for managing vegetation on the Customer's Property to
maintain adequate clearances and reduce the risk of contact with the County's Facilities.
(3) A Customer shall not install or allow to be installed on the Customer's Property any
temporary or permanent structures, or complete or allow any excavation or modification
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to the Customer's Property, that could interfere with the proper and safe operation of the
County's Facilities or result in non-compliance with applicable statutes, regulations,
standards or codes.
(4) Where a Customer contravenes any provision of this section and fails to remedy such
contravention within fourteen (14) days after receiving from the Chief Administrative
Officer a notice in writing to do so, then in addition to any other legal remedy available the
Chief Administrative Officer may take any steps necessary to remedy the contravention
and may charge any costs of doing so to the Customer's Account.
Interference with or Damage to Facilities
13 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 County.
Protection of Facilities on Customer's Property
14 The Customer shall furnish and maintain, at no cost to the County, the necessary space and
protective barriers to safeguard Facilities installed or to be installed upon the Customer's
Property.
If the Customer refuses, the Chief Administrative Officer may, at his or her option,
furnish and maintain, and charge the Customer for furnishing and maintaining, the necessary
protection. Such space and protective barriers shall be in conformity with applicable laws and
regulations and subject to the Chief Administrative Officer's specifications and approval.
Customer to Pay Relocation Costs
15 The Customer shall pay all costs of relocating the County's Facilities at the Customer's
request, if such relocation is for the Customer's convenience, or if necessary to remedy any
violation of law or regulation caused by the Customer.
If requested by the County, the
Customer shall pay the estimated cost of the relocation in advance.
Prohibited Extension of Customer Owned Facilities
16 A Customer shall not extend or permit the extension of a Private Water Line, Private Sewer
Line or any other Customer-owned piping, equipment or other assets that are connected
directly or indirectly to the Water System or Sewage System, beyond the Property in respect
of which they are used to supply Utility Services through a Service Connection.
PART Ill -
UTILITY ACCOUNTS
Requirement for Account
17
(1) The Owner of a Property shall apply for an Account with the County, in a form acceptable
to the County, 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.
(2) In the case of a Multiple Dwelling, the Chief Administrative Officer 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.
(3) Except as provided under this Bylaw, the County shall not grant Utility Services to, or open
an Account in the name of, an Occupant that is not the Owner of the Property.
(4) Notwithstanding subsection (3), an Owner may request to have County utility invoices sent
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.
(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
immediately inform the County of this and apply for an Account with the County, failing
which the County may deem an application to have been received from the Owner of the
Property and open an Account in the Owner's name.
(6) Upon the change of ownership of a Property supplied with Utility Services, the new Owner
shall apply for an Account with the County, failing which the County may deem an
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application to have been received from the new Owner of the Property and open an
Account in the new Owner's name.
Security Deposits
18
(1) The Chief Administrative Officer may, in his or her sole discretion, at the time of a
Customer's application for Utility Services or at any time thereafter require the Customer
to post a security deposit or increase an existing security deposit in circumstances that
may include, without limitation, the following:
i)
the Customer making application for Utility Services has a credit rating that is not
satisfactory to the County;
ii) the Customer has issued more than one cheque or pre-authorized debit that has
been returned for non-sufficient funds in the previous 12 months;
i i) the Customer is requesting Water Services to be reconnected after having
previously been shut off for non-payment.
(2) The Chief Administrative Officer may, in his or her sole discretion, determine that a
Customer is not required to post a security deposit or is no longer required to maintain an
existing security deposit,
in circumstances that may include, without limitation, the
following:
i)
the Customer has a good payment history with the County; or
ii) where a result satisfactory to the County is obtained from an external credit check.
(3) A deposit made by a Customer shall be returned to the Customer when a Customer's
Utility Services are terminated and the Customer's Account is closed.
Where a
Customer's Utility Services are terminated and the Customer's Account is closed for non-
payment, prior to any refund, the security deposit will be applied to the balance owing by
the Customer to the County.
(4) The County is not obliged to pay interest on any security deposit held by the County to a
Customer.
Obligation to Pay
19
(1) The Chief Administrative Officer may add to a Customer's Account the charges for all
Utility Services provided by the County to the Customer, and the Customer is obligated to
pay in full all such charges without reduction or set-off for any reason whatsoever, on or
before the due date for the charges.
(2) For greater certainty, non-receipt of a bill or invoice does not relieve a Customer from the
obligation to pay for Utility Services provided.
(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.
(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 the Master Schedule of Fees Bylaw;
(b)
Customers shall be billed monthly, or at such frequency as may be determined by
the Chief Administrative Officer, in his or her 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 the Chief
Administrative Officer in his or her discretion, with a consumption estimate to be
utilized in months for which no Meter reading is scheduled to occur;
(d)
Where a Meter reading cannot be obtained a water consumption estimate may, at
the Chief Administrative Officer's discretion, be used.
(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
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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 the Master Schedule of Fees
Bylaw, including, without restriction, all applicable flat rate or fixed rate charges for Water
Services and Sewer Services.
(6) Payment on Accounts may be made to the County at such locations designated, and
under any payment methods approved, by the Chief Administrative Officer from time to
time.
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 the County by the due date. The Customer
may also be charged a dishonoured cheque charge for each cheque returned for
insufficient funds.
(2) Any charge on a Customer's Account remaining unpaid after the due date will be in arrears
and constitute a debt owing to the County and is recoverable by any or all of the following
methods, namely:
(a)
by action, in any Court of competent jurisdiction;
(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 the Chief Administrative Officer adding the outstanding Account balance to the
tax roll of the Property in accordance with the authority granted by Municipal
Government Act and hereby delegated by Council.
Shut-off without Notice
21
If the Chief Administrative Officer believes there is any actual or threatened danger to life or
Property, or in any other circumstances the nature of which, in the Chief Administrative
Officer's sole judgment, requires such action, the Chief Administrative Officer has the right to
withhold connection, disconnect a Service Connection of shut-off a Utility Service without prior
notice to the Customer.
Shut-off with Notice
22 The Chief Administrative Officer may withhold connection, disconnect a Customer's Service
Connection or shut-off a Utility Service (without prejudice to any of the County'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 the County for the provision of Utility Services; or
(d)
any other similar circumstances to those described above that the Chief
Administrative Officer determines, in his or her sole discretion, acting reasonably,
require the withholding, disconnecting or shut-off of service upon forty-eight (48)
hours' notice.
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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 the County temporarily shut-off a Utility Service
provided to the Property if the Property is not occupied;
(2) A Customer who requests shut-off of a Utility Service under subsection (1) must pay all
applicable rates, fees or other charges specified in the Master Schedule of Fees Bylaw.
(3) Upon receipt of a valid request under subsection (1 ), and all applicable fees and charges
under subsection (2), the Chief Administrative Officer may shut-off the Utility Service in
question.
Reconnection of Service
24 Before the County reconnects or restores Utility Services, the Customer shall pay:
(a)
any amount owing to the County for the provision of Utility Services;
(b)
the applicable reconnection charges; and
(c)
any applicable security deposit.
The County's Right of Entry
25
(1) As a condition of receipt of Utility Services and as operational needs dictate, authorized
agents of the County 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 Sewage System;
(b)
investigating or responding to a Customer complaint or inquiry;
(c)
conducting an unannounced inspection where the Chief Administrative Officer has
reasonable grounds to believe that unauthorized use of water or interference with
Facilities, including but not limited to a Meter, has occurred or is occurring; and
(d)
for any other purpose incidental to the provision of Utility Services.
(2) The Chief Administrative Officer 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 clause (1 )(c) above.
(3) The Customer shall pay a no access fee sufficient to cover the County's reasonable out-
of-pocket and administrative costs, if the County's lawful entry to a Customer's Property
is prevented or hindered, whether by a Customer not keeping a scheduled appointment
or for any other cause.
Removal of County Facilities
26 Where any Customer discontinues Utility Services furnished by the County, or the County
lawfully refuses to continue any longer to supply it, any authorized agent of the County may
at all reasonable times enter the Customer's Property to remove any Facilities in or upon such
Property.
False Information
27 No Person shall supply false information or make inaccurate or untrue statements in a
document or information required to be supplied to the County pursuant to this Bylaw.
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SCHEDULE "B"
TERMS AND CONDITIONS OF WATER SERVICES
PART I -
GENERAL WATER SERVICES PROVISIONS
Water Conservation and Demand Management Measures
1
(1) The Chief Administrative Officer 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 County.
(2) All water restrictions shall be duly advertised by posting on the County's website or by use
of local media, printed or otherwise, prior to taking effect.
(3) No Person shall contravene the terms or conditions of any Water Conservation and
Demand Management Measures, without first obtaining the Chief Administrative Officer's
authorization.
Requirement to Connect to Water System
2
(1) Subject to subsection (2), all new development, including redevelopment, on Property
adjacent to a County Water Main must connect to the Water System prior to occupancy.
(2) The Chief Administrative Officer may, in his or her discretion, exempt a given development
from the connection requirement established by subsection ( 1) in circumstances that may
include, without limitation, the following:
(a) use of the development for its intended purpose does not require a supply of
potable water,
(b) the development has unusual characteristics that might adversely affect the quality
of Water Services supplied to other Customers, public health or safety, the health
or safety of County personnel, or the safety or reliability of any other Facilities, or
(c) the development has special potable water needs and requires a continuous and
uninterrupted supply or pressure of potable water or a particularly clear or pure
water, or both, which the County is unable to supply.
(3) Where an exemption has been granted under subsection (2), the Chief Administrative
Officer may, at any time after the granting of the exemption, require that the Property in
question be connected to the Water System within an alternate timeframe prescribed by
the Chief Administrative Officer.
(4) 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, the County may enter onto the Property
in question and, at the Owner's sole expense, take any and all steps that the County
considers necessary to connect that Property to the Water System, including, without
restriction, constructing a Private Water Line and related facilities on the Property.
Alternate Water Supply
3
(1) No Person may drill a well on any Property that is situated adjacent to a County Water
Main without prior written approval of the Chief Administrative Officer.
(2) Subject to subsection (3), 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.
(3) The Chief Administrative Officer may allow a Person to maintain an alternate source of
water supply subject to such terms and conditions as the Chief Administrative Officer
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deems necessary, which may include imposing 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.
(4) No Person who has been granted permission by the Chief Administrative Officer,
in
writing, 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.
Resale and Supply of Water
4
No Person shall, unless authorized by the Chief Administrative Officer 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.
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)
unless an Account has been opened by the Customer;
(b)
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;
(c)
in a manner that will impede water use by other Customers; or
(d)
in a manner that is wasteful.
(2) If the Chief Administrative Officer finds an unauthorized use of water including, without
restriction, as a result of any tampering with a Meter or other Facilities, the Chief
Administrative Officer may make such changes in the County's 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 also to ensure the safety of the general public.
(3) Upon finding an unauthorized use of water, the Chief Administrative Officer 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 the County.
(4) A Person that uses water in contravention of this section shall pay the following charges:
(a)
the applicable rate for the water used and, where necessary, based on an estimate
by the Chief Administrative Officer of the amount of water used in contravention of
this section;
(b)
all costs incurred by the County in dealing with the contravention; and
(c)
any other applicable rates, fees or other charges specified in the Master Schedule
of Fees Bylaw.
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.
(2) The County 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 the County's requirements applicable to the installation and
operation of the Private Water Line. The County reserves the right, but is not obligated,
to verify that all necessary authorizations have been obtained by the Customer.
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Temporary Water Services
7
The County may provide temporary Water Services wherever practicable to a Customer for
purposes of facilitating construction of a new development. The Customer will pay the rates,
fees or other charges specified in the Master Schedule of Fees 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 County final inspection is issued for the development; or
(b)
the development is being used for its intended purpose;
whichever event occurs first.
Bulk Water
8
(1) The County may, at its discretion, make water available for sale at County bulk water
stations.
(2) The County is not obligated to supply water at its bulk water stations and the supply of
water may be discontinued or interrupted for any reason.
(3) A Customer requesting access to a County bulk water station may apply to the County for
a bulk water Account and customer access code by:
(a) supplying any
information that may be reasonably required by the Chief
Administrative Officer, and
(b) paying any applicable fees or charges provided for in the Master Schedule of Fees
Bylaw.
(4) No Person, other than a Customer with a bulk water Account in good standing, shall
access or draw water from a County bulk water station without prior County authorization.
(5) Rates, fees or other charges shall be added to a Customer's bulk water Account as
specified in the Master Schedule of Fees Bylaw and billed in accordance with the Utility
Services Guidelines.
(6) Any rates, fees or other charges on a Customer's bulk water Account remaining unpaid
after the due date provided by the County will be in arrears and constitute a debt owing to
the County and is recoverable, by action, in any Court of competent jurisdiction. If an
Account remains unpaid after the due date, the County may, in addition to any other
remedy, revoke the Customer's pin code access to the County's bulk water stations and
close the Customer's bulk water Account.
PART II- WATER METERS
Provision and Ownership of Meters
9
(1) All water supplied by the County through each Service Connection shall be measured by
one Meter unless the Chief Administrative Officer,
in his or her sole discretion, has
specified otherwise. A separate Curb Stop must be installed for each Meter.
(2) The County 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 County, notwithstanding the
Customer has paid the County's costs of supply, unless the Chief Administrative Officer
and the Customer have expressly agreed in writing otherwise.
(3) In the case of new construction on Property adjacent to a Water Main, a Customer's
Property may only be occupied after the Meter is installed and an Account opened.
(4) Every Property that receives Water Services shall have a Meter installed to measure the
water supplied by the County through each Service Connection, in accordance with
subsection (2).
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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 Water Service Guidelines.
(2) Each Customer shall provide adequate protection for the Meter supplied by the County
against freezing, heat or any internal or external damage.
(3) When a Meter is damaged due to frost, heat or any other condition or means against which
the Customer neglected to provide adequate protection, the cost of removal and repair or
replacement of the Meter shall be borne by the Customer.
General Meter Restrictions
11
(1) No Person, other than an authorized agent of the County, shall install, test, remove, repair,
replace, or disconnect a Meter.
(2) No Person shall break, tamper, or interfere with any Meter including, without restriction,
any seal attached to the Meter.
(3) If a Meter is lost, damaged or destroyed, the Customer shall pay for the entire cost of the
Meter removal, repair and reinstallation or for the cost of replacing the Meter, as
applicable.
(4) No Person shall obstruct or impede direct and convenient access to Meters for the purpose
of inspection, removal, repair, replacement or reading.
Subsidiary Meters
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 the County and the point of use of the
water supplied, provided that the County shall under no circumstances be required to
maintain or read a Subsidiary Meter installed under this section.
(2) All Subsidiary Meters shall remain the property of the Owner.
(3) Where, in the opinion of the Chief Administrative Officer, a Subsidiary Meter has been
installed in a manner so as to interfere with the operation of or access to the County's
Meter, the Chief Administrative Officer may direct, in writing, that the Customer relocate
or remove the Subsidiary Meter within a time frame selected by the Chief Administrative
Officer.
Access to Meters
13 The Chief Administrative Officer may, at any reasonable time, read, inspect, remove, repair,
replace or test a Meter installed on Property owned or controlled by the Customer.
Remote Meter Reading
14
( 1) In this section,
(a)
"Remote Reading" means a Meter reading obtained by the County 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 the County by physically
travelling to the location of a Meter and viewing it in-person.
(2) Without limiting the generality of section 13 of this Schedule, the Chief Administrative
Officer may, in his or her discretion, and at the Customer's sole cost, alter or replace a
Meter so as to make the Meter capable of being read remotely.
(3) Where a Meter is capable of being read remotely, the County may, in its discretion, read
the Meter by way of either a Remote Reading or In-Person Reading.
(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.
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Meter Readings
15 Where 3 consecutive estimated Meter readings have been used for billing purposes due to
the Meter not being read by an authorized representative of the County as a result of the
Customer failing to provide or allow the County access to the Meter during a billing period:
(a)
a notice may be left at the Customer's address requesting the Customer to
contact the Chief Administrative Officer within two (2) working days, advising of the
date and time that the Chief Administrative Officer 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 the Chief Administrative Officer
within two (2) working days, the County 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.
Meter Testing
16
(1) At the request of a Customer, the Chief Administrative Officer 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.
(2) If the Meter is found to be recording inaccurately, as defined above:
(a)
the Chief Administrative Officer will repair or replace the Meter and the cost, along
with the costs of verification and testing, shall be borne by the County; and
(b)
subject to subsection (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 the County and the Customer in full settlement
of any claim that may arise out of the error in the Meter.
(3) The Chief Administrative Officer 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.
Circumvention of Meter
17
(1) If under any circumstances, a Person other than an authorized agent of the County
prevents a Meter from accurately recording the total volume of water supplied, the County
may disconnect the Service Connection, shut-off Utility Services or take other appropriate
actions to ensure access to accurate Meter data or both.
(2) The Chief Administrative Officer 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 Ill - FIRE PROTECTION
Use of Water from Fire Hydrants
18
(1) Unless authorized by the Chief Administrative Officer, no Person shall operate or interfere
with a fire hydrant, whether owned by the County or privately owned, except as necessary
for firefighting purposes.
(2) A Customer requesting authorization to use water from a County owned fire hydrant shall
apply to the Chief Administrative Officer 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 the Chief
Administrative Officer.
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(3) The Chief Administrative Officer will advise the Customer whether and on what terms the
County is prepared to authorize use of a County owned fire hydrant and any conditions,
including without limitation, payments by the Customer that must be satisfied as a
condition of using a County owned fire hydrant.
Interference with Fire Hydrants
19
(1) No Person shall obstruct access to, or interfere with the operation of, a fire hydrant.
(2) Each Customer who owns Property on which a fire hydrant is located or Property that is
adjacent to Property on which a fire hydrant is located shall maintain a clearance of at
least one (1) metre around a fire hydrant and shall not permit anything to be constructed,
erected, placed or planted within that minimum clearance.
Private Fire Protection Equipment
20
(1) In this section "Private Fire Protection Equipment" means equipment, infrastructure or
facilities, not owned by the County, 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.
(2) No Customer shall connect Private Fire Protection Equipment to the Water System without
first applying for, and obtaining, the written approval of the Chief Administrative Officer.
(3) A Person applying for approval under subsection (2) shall pay any applicable fee and
provide the Chief Administrative Officer with all information that the Chief Administrative
Officer may require.
(4) The Chief Administrative Officer may, in his or her 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.
(5) The County does not guarantee or warrant that the Water System, or any portion thereof,
will be capable of connecting to or adequately supplying Private Fire Protection Equipment
on a Customer's Property and, without limiting the authority of the Chief Administrative
Officer under subsection (4), an application under subsection (2) may be rejected if the
Chief Administrative Officer determines that the Water System, or portion thereof, is not
capable of connecting to or adequately supplying the proposed Private Fire Protection
Equipment.
(6) A separate Service Connection for fire protection that is installed pursuant to subsection
(4) shall only be utilized to supply water for fire protection purposes.
(7) Where a separate Service Connection for fire protection is required pursuant to subsection
(4), the Chief Administrative Officer may require that a separate Meter be installed on that
Service Connection at the sole expense of the Customer.
(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.
(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.
( 10) The Chief Administrative Officer may, at any reasonable time, inspect and test Private
Fire Protection Equipment.
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PART IV- CROSS CONNECTIONS
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.
(2) Where the Chief Administrative Officer determines that there exists a Cross Connection
prohibited by this section, the Chief Administrative Officer 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.
Cross Connection Control Devices
22
( 1) The Chief Administrative Officer may, in his or her 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 the Chief
Administrative Officer.
(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
Operation of Curb Stops
23
(1) No Person, other than an authorized agent of the County, shall operate a Curb Stop on
any Property.
(2) No Person shall interfere with, damage or obstruct access to any Curb Stop.
Boilers
24 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.
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SCHEDULE "C"
TERMS AND CONDITIONS OF SEWAGE SERVICES
Unauthorized Use of Sewage System
1
(1) No Person shall use the Sewage System, or allow the Sewage System to be used:
(a)
unless an Account has been opened by the Customer;
(b)
in a manner that will impede the Sewage System's use by other Customers; or
(c)
in any other unauthorized manner.
(2) If the Chief Administrative Officer finds an unauthorized use of the Sewage System
including without restriction any tampering with any of the Facilities, the Chief
Administrative Officer may make such changes in its Facilities or take such other
corrective action as may be appropriate to ensure only the authorized use of the Facilities,
and also to ensure the safety of the general public.
(3) Upon finding an unauthorized use of the Sewage System, the Chief Administrative Officer
may immediately disconnect the Service Connection or shut-off Sewage 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 the County.
(4) A Person that uses the Sewage System in contravention of this section shall pay the
following charges:
(a)
the applicable rate for the Sewage Services used based on an estimate by the
Chief Administrative Officer of the value the contravention of this section;
(b)
all costs incurred by the County in dealing with the contravention; and
(c)
any other applicable fees or charges provided for in the Master Schedule of Fees
Bylaw.
Requirement to Connect to Sewage System
2
(1) Subject to subsection (2), all new development, including redevelopment, on Properties
adjacent to a Sewer Main must connect to the Sewage System prior to occupancy.
(2) The Chief Administrative Officer may, in his or her discretion, exempt a given development
from the connection requirement established by subsection ( 1), in circumstances that may
include, without limitation, the following:
(a) use of the development for its intended purpose will not generate any sewage, or
(b) the development has unusual characteristics that might adversely affect the quality
of Sewer Services supplied to other Customers, public health or safety, the health
or safety of County personnel, or the safety or reliability of any other Facilities.
(3) Where an exemption has been granted under subsection (2), the Chief Administrative
Officer may, at any time after the granting of the exemption, require that the development
in question be connected to the Sewage System within an alternate timeframe prescribed
by the Chief Administrative Officer.
(4) If an Owner fails to take all required steps to connect the Owner's Property to the Sewage
System when required, by this section, to do so, the County may enter onto the Property
in question and, at the Owner's sole expense, take any and all steps that the County
considers necessary to connect that Property to the Sewage System, including, without
restriction, constructing a Private Drainage Line and related facilities on the Property.
(5) The Owner of a Property in respect of which the Chief Administrative Officer has provided
an exemption under subsection (2) shall install, at the Owner's expense, a Private Sewage
Disposal System that meets the approval of the Chief Administrative Officer, unless clause
(2)(a) applies.
(6) An Owner who installs a Private Sewage Disposal System pursuant to subsection (5) shall
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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 Sewage Disposal System, and for complying with all applicable laws and
regulations.
Alternate Sewage System
3
(1) Subject to subsection (2), once a Property is connected to the Sewage System,
(a)
no Person shall, unless authorized in writing by the Chief Administrative Officer,
continue to use any Private Sewage Disposal System located on that Property for
the collection or disposal of Sewage; and
(b)
any existing Private Sewage Disposal System that is located on the Property shall
be decommissioned, at the Owner's expense, in accordance with all applicable
laws and regulations.
(2) The Chief Administrative Officer may allow a Person to maintain a Private Sewage
Disposal System subject to such terms and conditions as the Chief Administrative Officer
deems necessary, which may include, without limiting the generality of the foregoing, the
ability to connect the Private Sewage Disposal System, directly or indirectly, to the
Sewage System, restrictions on the period of time for which the Private Sewage Disposal
System may be used and the purposes for which it may be used.
Authorizations and Approvals for Private Sewer Line
4
(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 Sewer Line.
(2) The County shall not be required to commence Sewage 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 the County's requirements applicable to the installation and
operation of the Private Sewer Line. The County reserves the right, but is not obligated,
to verify that all necessary authorizations have been obtained by the Customer.
Discharge into Sewage System
5
( 1) Except as agreed to in writing by the Chief Administrative Officer, no Person shall
discharge or permit to be discharged into the Sewage System any matter other than
domestic Sewage resulting from normal human living processes.
(2) For greater certainty, and without in any way restricting subsection (1 ), no Person shall
discharge or permit to be discharged into the Sewage System:
(a)
any matter containing Hazardous Waste;
(b)
any substance that may cause the County to be in violation of any regulatory or
operating licence, approval or permit for the Sewage System;
(c)
any flammable liquid or explosive matter which, by itself or in combination with any
other substance, is capable of causing or contributing to an explosion or supporting
combustion,
including, without restriction, hydrocarbon substances such as
gasoline and diesel fuel;
(d)
any matter which, by itself or in combination with any other substance, is capable
of obstructing the flow of or interfering with the operation or performance of the
Sewage System including, without restriction, grease and solid substances such
as sand, grit, mud, plastics, rags, sanitary napkins and wet wipes;
(e)
any matter with corrosive properties which, by itself or in combination with any
other substance, may cause damage to the Sewage System;
(f)
any substance having a pH of less than 5.5 or greater than 10;
(g)
pharmaceuticals;
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(h)
corrosive or toxic substances,
including, without restriction, pesticides and
herbicides;
(i)
radioactive materials;
(j)
condensing water,
(k)
any heated water or other liquids of a temperature higher than eighty (80) degrees
Celsius;
(I)
the contents of any privy vault, manure pit or cesspool;
(m)
the contents of a sump pump; or
(n)
storm water or surface water.
Commercial or Industrial Wastes
6
(1) No Sewage or other matter resulting from any commercial, trade,
industrial or
manufacturing process shall be discharged or permitted to be discharged into the Sewage
System unless prior approval has been granted by the Chief Administrative Officer and
only then after any required pretreatment of the Sewage or other matter, as prescribed by
the Chief Administrative Officer.
(2) All necessary pretreatment equipment or works shall be installed by the Customer, at the
Customer's sole expense, prior to the construction of the Service Connection and
thereafter shall be continuously maintained and operated by the Customer.
No Dilution
7
No Person shall dilute or permit to be diluted any Sewage in order to enable its discharge in
compliance with these Terms and Conditions.
Oil, Grease and Sand Interceptors
8
( 1) The Customer of any Property on which there is commercial or institutional food
preparation shall provide a grease and oil interceptor on all fixtures that may release oil
and grease.
(2) The Customer of any industrial, commercial or institutional Property where vehicles or
equipment are serviced, repaired, disassembled or washed shall provide a grease, oil and
sand interceptor on all fixtures that may release grease, oil or sand.
(3) The Chief Administrative Officer may require a Customer of any Property to install an
interceptor if the Chief Administrative Officer, in its sole discretion, determines that an
interceptor is required.
(4) All interceptors shall be:
(a)
of sufficient capacity and appropriate design to perform the service for which the
interceptors are used;
(b)
located to be readily accessible for cleaning and inspection; and
(c)
maintained by the Owner.
Protection of Sewage System
9
(1) No Person shall remove, damage, destroy, alter or tamper with any Facilities forming part
of the Sewage System, except as authorized by the Chief Administrative Officer.
(2) No Person shall interfere with the free discharge of any Sewer Main or part thereof, or do
any act or thing that may impede or obstruct the flow to, or clog up, the Sewage System.
(3) No Person shall connect any storm drain, weeping tile or sump pump to any portion of the
Sewage System.
(4) In case of a blockage, either wholly in in part, of the Sewage System by reason of
negligence or the failure or omission to strictly comply with the provisions of this Bylaw,
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the Customer concerned or Person responsible shall be liable for all clogs and the
cleaning of such blockages and for any other amount for which the County may be held
liable for due to such blockages.
Hauled Sewage
10
(1) No Person shall discharge or permit the discharge of hauled Sewage except at a hauled
Sewage discharge location approved by the Chief Administrative Officer and only then in
accordance with any terms and conditions imposed by the Chief Administrative Officer,
including payment of applicable fees and charges.
(2) If a hauled Sewage discharge location has been identified, by the County, as a
Recreational Vehicle discharge or dump location, that location shall be used solely for the
purpose of discharging Sewage from Recreational Vehicles, and no Person shall
discharge or permit the discharge, at that location, of Sewage from any vehicle, container,
structure or thing other than a Recreational Vehicle.
Spills
11
(1) Any Person who discharges or permits the discharge of any Sewage or other matter
contrary to this Bylaw shall, immediately after becoming aware of the discharge, notify:
(a)
the Chief Administrative Officer and provide the following information:
i.
name of the Person causing or permitting the discharge;
i .
location of the release;
i i. name and contact information of the Person reporting the discharge;
iv. date and time of the discharge;
v. type of material discharged and any known associated hazards;
vi. volume of the material discharged; and
vii. corrective action being taken, or anticipated to be taken, to control the
discharge;
(b)
the Owner of the Property, where the Person reporting the discharge is not the
Owner and knows, or is readily able to ascertain the identity of the Owner; and
(c)
any other Person whom the Person reporting knows or ought to know may be
directly affected by the discharge.
(2) The Person who discharged or permitted the discharge pursuant to subsection (1) shall,
as soon as the Person becomes aware or ought to have become aware of the discharge,
take all reasonable measures to:
(a)
confine, remedy and repair the effects of the discharge; and
(b)
remove or otherwise dispose of the matter in a lawful manner so as to minimize all
adverse effects.
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