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VILLAGE OF DUNNOTTAR
BY-LAW NO. 952/18
Being a By-Law of the Village of Dunnottar to provide for the regulation,
inspection and repair of holding tanks and/or other sewage disposal
systems.
WHEREAS The Municipal Act, S.M. 1996, c. 58 provides, in part, as follows:
232(1)
A council may pass by-laws for municipal purposes respecting the following
matters:
a) the safety, health, protection and well-being of people, and the safety and
protection of property;
b) people, activities and things in, on or near a public place or a place open to
the public, including parks, municipal roads, recreation centres, restaurants,
facilities, retail stores, malls, and private clubs and facilities that are exempt
from municipal taxation;
c) subject to section 233, activities or things in or on private property;
l) public utilities;
o) the enforcement of by-laws.
232(2)
Without limiting the generality of subsection (1), a council may in a by-law
passed under this Division
a) regulate or prohibit;
d) establish fees or other charges for services, activities or things provided or
done by the municipality or for the use of property under the ownership,
direction, management or control of the municipality;
e) except where a right of appeal is already provided in this or any other Act,
provide for an appeal and the body that is to decide the appeal, and related
matters;
233
A by-law under clause 232(1)(c) (activities or things in or on private property)
may contain provisions only in respect of
a) the requirement that land and improvements be kept and maintained in a
safe and clean condition;
d) activities or things that in the opinion of the council are or could become a
nuisance, which may include noise, weeds, odours, unsightly property,
fumes and vibrations.
AND WHEREAS the Council of the Village of Dunnottar deems it advisable and in the best
interest of the Village to provide for the regulation, inspection and repair of holding tanks
and/or other sewage disposal systems within the Village.
NOW THEREFORE the Council of the Village of Dunnottar in regular session assembled,
enacts as follows:
1) Where used in this By-Law, unless the context otherwise requires:
a) Designated Officer means a person appointed under the Designated Officer By-Law of
the Village of Dunnottar;
b) Environment Officer means the Public Health Inspector/Environment Officer as
persons appointed or designated under The Environment Act;
c) Holding tank means a watertight receptacle designed to retain sewage or sewage
effluent;
d) Insanitary condition means any nuisance or any condition, matter or thing which, in
the opinion of a Designated Officer or Environment Officer, may be injurious to health
or which in his or her opinion may result in the creation of a garbage control problem or
a nuisance
e) Occupier means the person in occupation of a premises, or if it is vacant, the person in
charge thereof;
Holding Tank Inspection/Repair By-Law
No. 952/18
Page 2 of 3
f) Residence shall include a building, house, tent, trailer or other accommodation that is
used for human habitation or to provide food, lodging or entertainment for a human
being or human beings or used for commercial or industrial purposes;
g) Sewage means human body, toilet, sink, laundry, or other grey water waste;
h) Solids shall mean the contents of the primary cell of a holding tank;
i) Village means the Village of Dunnottar.
2) Holding Tank Inspection Services
a) All holding tanks now or hereafter installed in the Village shall be constructed and
maintained in compliance with the regulations under The Environment Act, and to the
satisfaction of the Designated Officer.
b) All holding tanks now or hereafter installed within the Village shall have a leakproof
collar or other leakproof connection to the plumbing system.
c) When in the opinion of the Designated Officer he has reason to believe a holding tank
does not comply with the requirements imposed by this By-Law or any other Provincial
Act or any other By-Law, the Designated Officer may inspect the installation.
d) When, after completion of the inspection referred to above, the sewage disposal system
or holding tank is found not to comply with the requirements applicable to plumbing
systems as contained in this or any other By-Law or any Act of the Manitoba
Legislature, the Designated Officer shall issue a "Notice of Holding Tank Inspection"
in the form attached hereto. The time allowed for completion of those matters referred
to in such notice shall be 30 days.
e) Where an owner of a sewage disposal system or holding tank has been issued a "Notice
of Holding Tank Inspection" and has failed to complete any necessary alterations or
repairs in the time stated on the aforementioned notice, the Designated Officer may
suspend sewage collection services until such time as the required repairs/alterations
are completed and inspected.
f) When requested by the owner or authorized agent to inspect a holding tank, whether
existing or new installation, the fee charged will be as described in the "Fees and
Charges By-Law" in effect at the time.
3) No septic tank systems using a disposal field shall be utilized in the Village of Dunnottar.
4) No holding tank system shall be constructed or installed in the Village unless approval to
do so has been obtained from the Environment Officer, and any such construction or
installation shall be carried out in such manner, and with such materials and located in such
area as approved by the Environment Officer and the Designated Officer.
5) No modified or special-type indoor closet shall be constructed or installed in the Village,
a) unless approved by the Environment Officer, and any such construction or installation
shall be carried out in such manner and with such materials, and located in such area as
he may direct.
6) Holding Tank Services - Additional Pump outs
a) The emptying of a holding tank shall mean the removal by pumping of the contents
thereof, or of 1,000 gallons of liquid waste whichever shall be the lesser amount. The
emptying of the "solids" shall not be included in the regular weekly service but may be
requested as an additional pumpout from the Village Contractor.
b) Where a property requires the holding tank to be emptied more than once in a week,
they may contact the Village Contractor to request same, the charge for each additional
pumpout shall be paid before the service is received and shall be for the amount of an
additional pumpout as identified in the by-law governing the Sewage Hauling
Agreement in effect at the time.
c) Where an order is received from the Environment Officer to empty a holding tank more
than once a week, the owner or occupant of the property of which the service is
rendered shall pay the amount of an additional pumpout as identified in the by-law
governing the Sewage Hauling Agreement in effect at the time.
7) Any person who contravenes any provision of this By-Law is guilty of an offence, and
a) liable to a fine not exceeding $1,000.00 and costs.
Holding Tank Inspection/Repair By-Law
No. 952/18
Page 3 of 3
8) In all cases where the regulations under The Environment Act may be referred to, any
a) reference therein to Environment Officer shall mean Public Health
Inspector/Environment Officer as defined in this By-Law, and any reference to
Designated Officer, shall mean the person or persons appointed by the Village.
9) By-Law No. 617 and By-Law No. 630 of the Village of Dunnottar are hereby repealed.
10) This By-Law shall come into force and effect on and from the date of its enactment.
DONE AND PASSED by the Council of the Village of Dunnottar, in Council duly assembled,
at Dunnottar, in Manitoba, this day of , 2018.
Richard Gamble, Mayor
J.M. Thevenot, Administrator
Read a first time this
day of
A.D. 2018.
Read a second time this
day of
A.D. 2018.
Read a third time this
day of
A.D. 2018.