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BY-LAW #09/23
OF THE
RURAL MUNICIPALITY OF ROCKWOOD
Being a By-Law of the Rural Municipality of Rockwood to
regulate the Gunton Utility System and establish the new
water, and wastewater rates.
WHEREAS, The Rural Municipality of Rockwood owns and operates the Utility System
installed in Local Improvement District No. 3, the Gunton Sewer & Water Utility.
AND WHEREAS pursuant of Section 232(1) and (2) of The Municipal Act SM. 1996, c.58
provides in part, as follows:
232(1) A Council may pass by-laws for municipal purposes respecting the
following matters:
l) Public Utilities
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 for use of property under the ownership, direction,
management or control of the municipality;
(e) subject to the regulations, provide for a system of licences, permits or approvals
including any of the following:
(i)
establishing fees and terms for payment of fees, for inspections,
licences, permits and approvals including fees related to recovering
the costs of regulation,
(iii)
prohibiting a development, activity, industry, business or thing until
a licence, permit or approval is granted,
(iv)
providing that terms and conditions may be imposed on any licence,
permit or approval, and providing for the nature of the terms and
conditions and who may impose them,
(v)
providing for the duration of licences, permits and approvals and
their suspension or cancellation or any other remedy, including
undertaking remedial action, and charging and collection the cost of
such action, for failure to pay a fee or to comply q a term or condition
or with the by-law or any other reason specified in the by-law;
NOW THEREFORE BE IT ENACTED as a By-Law the Rural Municipality of
Rockwood, in Council duly assembled as follows:
1. THAT all accounts for minimum quarterly charges for metered services as set forth in the
Schedule of Quarterly Rates shall be billed quarterly in advance with any excess charges for
metered water and sewer services for the preceding quarter. Consumers shall pay for water
and sewer service supplied to them by the Rural Municipality of Rockwood at the rates and
terms set out in Schedule "A" attached hereto and forming part of this By-law.
2. THAT the Rural Municipality of Rockwood regulate service costs and permit fees to be paid
by the property owner at the rates and terms set out in Schedule "B" attached hereto and
forming part of this By-law.
3. THAT the provisions of this By-Law shall apply to all property located within the limits of
L.I.D. No. 3 (Local Improvement Plan #01/09) of the Municipality unless the provision of
this By-Law indicates otherwise.
4. THAT no person shall connect to the Utility System located in Gunton without first
obtaining a Permit from the Municipality. There shall be a fee payable for such Permit, and
such fee shall be established in Schedule "B" by the Municipality and amended from time to
time.
a)
Any building located within L.I.D. No. 3 which is used or designed for human
habitation, employment or recreation or any building used for commercial or
industrial purposes wherein water is required, and sewage is generated must be
connected to L.I.D. No. 3 Utility System.
b)
No person shall be permitted to drill a well on property located in L.I.D. No.3.
c)
Any property owner who presently has a well-functioning upon their property will
be permitted to retain such water system for the purposes of watering lawns only and
no such water system shall be used for household purposes or watering
vegetable/fruit gardens.
5. THAT no person shall connect by any means whatsoever an independent water supply to
the Water Distribution System of L.I.D. No. 3. For the purposes of this paragraph, Water
Distribution System includes all water supply lines of any nature whether on private or
municipal property and includes all lines within a building.
6. THAT only the Municipality or its authorized representative shall be allowed to make
connections to the Utility System. Any party wishing to connect to the Utility System must
apply in writing to the Municipality and pay a service connecting fee, said fee to be
determined annually by Resolution of Council, which shall represent the cost of installing
the Utility lines from the main lines to the edge of the applicant's property.
a)
Any owner of property served by L.I.D. No. 3 Water Distribution System shall pay
the cost of maintaining and or repairing the water supply lines from the building(s)
to the Utility System Water Mains.
b)
All connections to the Utility mains must be performed by a contractor certified to
the system certifications. Example: Level II Distribution means contractor must be
certified to a Level II Distribution, etc.
c)
All persons making any connections to the Utility System must have such
connections inspected and approved by the Designated Officer for the Municipality
prior to the connections being covered up. The Municipality requires 24 hours' notice
for inspections.
7. THAT the Municipality shall supply (but not install) one water meter for each water service
connection; the costs of the new or replacement meters including the installation thereof shall
be the sole responsibility of the property owner. Upon the installation of such meters, the
ownership of all such meters shall vest in the Municipality.
a)
Upon any water meter being installed, the Municipality shall inspect such meter
installation to ensure compliance with this By-Law. No person shall make water
available to any building without first having the water meter installation inspected
and sealed by the Designated Officer for the Municipality.
b) i)
The Municipality will replace, but not install, any water meter at no cost, if
the meter fails such repairs or replacement are necessitated by normal
deterioration of the meter.
ii)
Should such repairs or replacement be necessitated by other than normal
deterioration, then it shall be the responsibility of the property owner to pay
for the cost of the repairs and/or replacement water meter. The Municipality
shall be the sole party to determine whether a water meter needs replacement
by virtue of normal deterioration or otherwise.
iii)
All water meters shall be supplied by the Municipality; this is to ensure
compliance with meter reading system. All water meters will that are supplied will
be at the cost of the property owner.
c)
Any party who is connected to L.I.D. No. 3 Water Distribution System must have a
water meter duly connected on the incoming line from said system. All water which
comes from said system must pass through the said water meter and this water meter
shall not be bypassed in any form whatsoever.
d)
The owner of any property shall be responsible to ensure that the seal on the water
meter is not broken or tampered with. If such seal is broken or tampered with, then
the owner of such property is liable upon summary conviction, to the penalties set
forth in paragraph numbered 18 of this By-Law.
e)
Upon the seal of any water meter becoming broken, then the owner of said property
shall immediately advise the Municipality that such seal has been broken or tampered
with and failing to advise the Municipality of such breakage or tampering shall be
considered a separate offence under this By-Law and shall be subject to the penalties
set forth in paragraph numbered 18 hereof.
8. THAT no sullage pits shall be installed within the limits of L.I.D. No. 3 after the date of
passage of this By-Law.
9. THAT all sewage, other than rainwater, natural run-off or water used exclusively for cooling
purposes, shall be discharged directly into L.I.D. No. 3 Sewage Collection System, and at no
time shall any person discharge or dump sewage other than rainwater, natural run-off or
water used exclusively for cooling purposes on or into the ground.
a)
No rainwater, natural run-off or water used exclusively for cooling purposes shall be
discharged into L.I.D. No. 3 Sewage Collection System.
b)
No person shall:
i)
Alter the existing plumbing of any building such that water from the weeping
tiles is discharged into L.I.D. No. 3 Sewer Collection System.
ii)
Discharge / pump water from private wells, sump pump, swimming pools,
weeping tiles, or buildings directly into municipal ditches, roads or
neighbouring properties, unless authorized by resolution of council.
10. THAT no person shall discharge or cause to be discharged, any of the following kinds of
sewage into L.I.D. No. 3 Sewer System:
a)
Any gasoline, benzene, naphtha, fuel oil, or other solvent or other flammable or
explosive liquids, solids or gases.
b)
Any garbage other than "properly shredded garbage" from a garbage disposal unit.
c)
Any matter which may cause obstruction of flow or interference in the operation of
the Municipal Wastewater System.
11. THAT any owner of property served by L.I.D. No. 3 Sewage Collection and Water
Distribution System is responsible for maintaining all pipes and works of said system which
are located on their property.
a) Any owner of property served by L.I.D. No. 3 Sewage Collection System shall pay
the cost of maintaining and or repairing the sewer service pipes from the building(s)
to the property line.
b)
Any and all connections and repairs to the Utility System other than those located
upon a landowner's property, shall be performed by the Municipality's Utility
Department or such other party as they may designate.
c) The Municipality / Utility Department is not responsible for frozen water lines or
the cost of thawing or repairing frozen water lines on private property. The
Municipality may perform the service of thawing frozen lines for a fee as set out
in Schedule "A" attached hereto
12. THAT person shall not display upon their property any object which resembles a fire hydrant
unless same is a fire hydrant connected to the Water Distribution System. The Designated
Officer's decision as to whether an object resembles a fire hydrant shall be final and binding
upon the property owner. If, after 30 days' notice, any property owner has refused or
neglected to remove such object, then the Designated Officer shall be free to remove such
object and the Municipality shall not be liable for any damages incurred by the property
owner as a result of such object being removed.
13. THAT It is the responsibility of the property owner to maintain and or repair all water and
sewer service lines from the building(s) to the property line.
14. THAT Disruption of water/sewer service to a property's service lines including curb stops,
service boxes, rods, saddle, and main corp., i.e., leaks, plugs, etc. are the sole responsibility
of the property owner to make necessary repairs in a timely manner:
a) Disruptions of service to the above-mentioned service lines occur between the curb
stops and the main line on municipal property, the repairs will be completed by the
municipality and the property owners will be invoiced for all expenses associated
with the repairs including any restoration work required, if the damages are due to
the property owner's negligence.
b) Disruption of service to the above-mentioned service lines occur between the curb
stop and the building the repairs will be completed by the property owner in a timely
manner. The repairs must comply with the municipal standard spec as per the by-
law. The repairs must be inspected and approved by the utility manager or approved
inspector. If repairs are not completed in a timely manner service can and will be
turned off at the curb stop until necessary repairs are completed and inspected by the
municipality.
15. THAT A person who contravenes this by-law is guilty of an offence and is liable on
summary conviction to a fine of, not more than $1,000, and a penalty equal to the
enforcement costs associated with the conduct giving rise to the offence and enforcing the
by-law, which may be collected in the same manner as a tax may be enforced under the
Municipal Act..
16. THAT should any provisions of this By-Law or the Code hereby adopted be declared to be
invalid by a court of competent jurisdiction, it is the intent of Council that it would have
passed all other provisions of this By-Law and the Code independent of the elimination of
any such portion as may be declared invalid.
17. THAT By-Law #13/15 and By-Law #06/12 are hereby repealed on the day following the
date of final passage of this By-Law, #09/23.
18. THAT By-Law #09/23 shall come into full force and effect upon the day following the date
of final passage.
DONE AND PASSED by the Council of the Rural Municipality of Rockwood, in meeting duly
assembled, at the Town of Stonewall, in the Province of Manitoba,
SCHEDULE "A"
TO
BY-LAW #09/23
THE GUNTON WATER & SEWER UTILITY SYSTEM
SCHEDULE OF QUARTERLY RATES
1.
COMMODITY RATES PER CUBIC METRE:
WATER
SEWER
COMBINED
2025
$3.00
$2.53
$5.53
2.
MINIMUM QUARTERLY RATES:
Notwithstanding the commodity rates set forth in Paragraph 1 hereof, all customers will pay
the applicable minimum charges set out below which will include the water allowances
indicated:
WATER & SEWER CUSTOMERS:
2025:
Meter
Size
Group
Capacity
Ratio
Minimum
Quarterly
Volume
Service
Charge
Commodity Rates
Minimum
Quarterly
Charges
Water
Sewer
15
(5/8")
1
15
$23.50
$ 45.00
$37.95
$106.45
25
(1")
4
60
$23.50
$180.00
$151.80
$355.30
3.
SERVICE TO CUSTOMERS OUTSIDE THE BOUNDARIES:
The Council of the Rural Municipality of Rockwood may sign Agreements with customers
for the provision of water and sewer services to properties located outside the legal
boundaries of the Community of Gunton. Such Agreements shall provide for payment of
the appropriate rates set out in the Schedule, as well as a surcharge, set by Resolution of
Council, which shall be equivalent to the frontage levy, general taxes, and special taxes for
the utility purposes in effect at the time or may be in effect from time to time, and which
would be levied on the property concerned if it were within the Community boundaries. In
addition, all costs of connecting to the Utility's mains, installing, and maintaining, the
customer will pay service connections.
4.
BILLINGS AND PENALTIES:
Accounts shall be billed quarterly, and the due date shall be at least 14 days after the date on
the bills.
A late payment charge of 1.25% per month shall be charged on the dollar amount owing after
the billing due date.
5.
DISCONNECTION:
The Public Utilities Board has approved the Conditions Precedent attached hereto as
Appendix B, to be followed by the Municipality with respect to disconnection of service for
non-payment including such matters as notice and the right to appeal such action to The Public
Utilities Board.
SCHEDULE "A"
TO
BY-LAW #09/23
6.
RECONNECTION:
Any service disconnected due to non-payment of account shall not be reconnected until all
arrears, penalties, and a reconnection fee of $100.00 have been paid.
Upon written request and payment of the applicable fee to the Rural Municipality of
Rockwood as noted hereunder, service may be:
i)
Disconnected - $100.00
ii)
Removed
- $100.00
iii)
Reconnected - $100.00
7.
OUTSTANDING BILLS:
Pursuant to Section 252(2) of The Municipal Act, the amount of all outstanding charges for
water and sewer services are a lien and charge upon the land serviced and shall be collected
in the same manner, in which ordinary taxes upon the land are collectible, and with like
remedies. Upon doing so, the RM of Rockwood will charge a ($100.00) service fee to the
utility account.
In order to satisfy provisions of the Freedom of Information and Protection of Privacy Act,
the RM of Rockwood has developed an agreement between the utility, the account
holder/customer, and the property owner with provisions that establish recourse for unpaid
bills, and for renter's acknowledgement that information relating to their account status and
other information may be released to the property owner to assist with collections.
8.
HYDRANT CHARGES:
The Rural Municipality of Rockwood shall pay to the Utility an annual hydrant charge of
$200.00 for each hydrant connected to the System, which includes the cost of water for
firefighting.
9.
WASTEWATER SURCHARGES:
a)
There may be levied annually, in addition to the rates set forth above, a special
surcharge on sewage having a Biochemical Oxygen Demand in excess of 300 parts
per million, to be set by Resolution of Council.
b)
A special surcharge for substances requiring special treatment shall be charged based
on the actual costs of treatment required for the particular sewage or industrial waste.
10.
WATER ALLOWANCE DUE TO LINE FREEZING:
Where, at the request of Council, a customer is allowed to run water continuously for any
period of time to prevent the water lines in the Water System from freezing, the charge to that
customer for the current quarter shall be the average of billings for the last two quarters for
the same customer, or the same premises if the occupant has changed.
11.
DISCONNECT WATER - NON-EMERGENCY - $100.00 per Disconnection
a)
Temporary Disconnection:
-
Renovations; or
-
Property Owner is out of town for more than 30 days due to vacation or work.
-
Water to be reconnected upon completion of renovations or Property Owner
has returned from vacation/work as described in previous paragraph.
Responsibility of Property Owner:
-
"Request for temporary disconnection from Utility System at curb stop"
Form shall be completed by the Property Owner;
-
Fee/cost of $100.00 to be paid by the Property Owner to the Rural
Municipality of Rockwood prior to the Municipality disconnecting the water;
-
Property Owner or representative to be present when water is disconnected;
and
-
The Property Owner shall be responsible for the flat-rate quarterly billings
while the water is disconnected
b)
Permanent Disconnection:
-
Due to Demolition/Removal of Building with Property to remain vacant;
-
Fee/cost of $100.00 to be paid by the Property Owner to the Rural
Municipality of Rockwood prior to the Municipality disconnecting the water;
-
Property Owner or representative to be present when water is disconnected.
Responsibility of Property Owner:
-
"Request for permanent disconnection from Utility System at Curb stop"
Form shall be completed by the Property Owner;
-
Fee/cost of $100.00 to be paid by the Property Owner to the Rural
Municipality of Rockwood prior to the Municipality disconnecting the water;
-
Property Owner or representative to be present when water is disconnected;
-
The sewer line must be immediately detached and capped-off at the property
line/curb stop with the Property Owner responsible for having this work
completed and for all costs involved. The detachment and capping-off of the
sewer line must be inspected and approved by the Municipality.
12.
DISCONNECT WATER - EMERGENCY
- No Charge
-
Due to emergency repairs being required to the water and/or sewer lines on private
property, being between the curb stop and the outside meter on the serviced building;
-
Re-connection must take place within 48 hours of the disconnection.
Responsibility of Property Owner:
-
"Request for Disconnection from Utility System at Curb stop due to Emergency
Repairs" Form shall be completed by the Property Owner prior to the Municipality
disconnecting the water; and
-
Property Owner or representative to be present when water is disconnected.
13.
RE-CONNECT WATER - NON-EMERGENCY - $100.00 per Connection
Responsibility of Property Owner:
-
"Request for Re-Connection to Utility System at Curb stop" Form shall be completed
by the Property Owner;
-
That a fee/cost of $100.00 to be paid by the Property Owner to the Rural Municipality
of Rockwood per re-connect request and inspections;
-
Property Owner or representative to be present when water is re-connected.
14.
RE-CONNECT WATER - EMERGENCY - No Charge
-
Water to be re-connected after emergency repairs being completed to the water
and/or sewer lines on private property, being between the curb stop and the outside
meter on the serviced building.
Responsibility of Property Owner:
-
"Request for Re-connection to Utility System at Curb stop due to Emergency
Repairs" Form shall be completed by the Property Owner prior to the Municipality
re-connecting the water; and
-
Property Owner or representative to be present when water is re-connected; and
SCHEDULE "A"
TO
BY-LAW #09/23
15.
Thaw Frozen Water Lines on Private Property - Actual costs
16.
Installation of Water & Sewer for New Construction from the Main Line to the
Property Line:
a)
Service Application Information
- All applicants must fill out the application for service connections as well as
pay the fees associated with the application before work is to commence.
- Should any of the costs below be more than the fees collected the Rural
Municipality of Rockwood shall invoice the applicant for the balance.
b)
Service Fee Information
i) Residential:
Connections
- Fees Associated with connections:
Permit Fee $125.00
Connection Fee $8,500.00
Water Meter $675.00
Inspection Fee $300.00
Restoration Fee $950.00
Total $10,550.00
ii) Commercial / Industrial:
Connections
- Fees Associated with connections:
Permit Fee $125.00
Connection Fee $8,500.00
Water Meter $675.00
Inspection Fee $300.00
Restoration Fee $950.00
Total $10,550.00
SCHEDULE "B"
TO
BY-LAW #09/23
SPECIFICATIONS FOR UTILITY HOOK-UPS:
A.
SEWER SERVICE PIPE
- certified CSA; PVC PSM SDR 35 / 100mm (4")
The sewer piping will be installed in common trench with the water pipe. Where connection
takes place onto existing (exterior) piping, the process will be referred to as connection at
the building. The ground cover of the pipe will be a minimum of six (6) feet; variation to
this may only occur at the discretion of the Municipality. To meet the elevation of existing
piping and to maintain positive flow characteristics, the installation will, where deemed by
the Contractor or directed by the Municipality, include 45 degree long sweep bends or
standard (22 ¼ or 45 degree) elbows for grade and alignment.
Where the Contractor is required to terminate the service into the building, the process will
be referred to as "entry into building". In this process, the entry may simply be through a
wall opening. In some cases, it may require the Contractor to mine (burrow) under the
footing to an existing opening in the basement floor. Where this process takes place, the
pipe under the footing or through the wall will be C.S.A. B181.1 ABS drain waste pipe
or C.S.A. B181.2 P.V.C. drain waste pipe. The connection to the SDR 35 pipe shall be
a minimum of three (3) feet away from the exterior basement wall. The couplers joining
the two pipes shall be Fernco 1056.44 or 1056.66.
- Main line connections will be by saddle with stainless steel band clamps on Tee's.
- Bell & Spigot 45 degree long sweep shall be certified C.S.A. for PVC PSM SDR 35 piping
- Bell & Spigot (22 ½ or 45 degree) standard for SDR 35 piping
- Only one (1) sewer service line to service one (1) building
B.
WATER SERVICE PIPE
- O.D. Tubing sizes series 160 HDPE potable water polyethylene C.S.A. certified and
factory marked CAS B137.1 / 25mm (1")
- 25 mm (1") compression with stainless steel insert to a 25 mm (1") ball valve
All services to be installed with continuous pipe lengths. Where distances may require
joining pipe ends, the use of couplers will adhere to manufacturer's recommendations for
connection to polyethylene tubing. Only brass Mueller compression stainless steel inserts
for poly tubing is approved. At the curb stop, inserts must be used and at valve connections
in building.
The installation of water pipe will be in common trench with the sewer. The pipe will be
connected to the existing compression-type end Mueller curb stop at the property line. A
minimum cover of 2.43 metre (8 feet) will be maintained up to the "entry into building".
The Municipality may approve some deviation at the building provided the piping is
insulated by an approved insulating material. Rigid 50mm (2") sm will be a preferred choice.
The water and sewer lines running across the driveway or roadway MUST be insulated.
Entry into the building in the case where the sewer pipe is connected at the building will be
through an opening by the Contractor or by others. The pipe will be placed alongside the
sewer in the case of sewer entry into building. Requirement is for all outside taps to have
vacuum breakers on for backflow prevention.
Only one (1) water service line to service one (1) building
SCHEDULE "B"
TO
BY-LAW #09/23
C.
SERVICE LINES
i) Residential Water Service Line
Residential water service line shall be 25mm (1") Series 200 / 160 poly, no copper service
line. Each service line shall include a dual check valve connected directly to water meter
and have an expansion tank installed on the system after the check valve under sewer
line to curb stop.
ii) Commercial / Industrial Water Service Line
Commercial / Industrial water service line shall be 38mm (1 ½") line size. Series 200
poly (municipal tubing), no copper service line and must have lockable meter by-pass in
accordance with MPC / AWWA Specs. Industrial, commercial and institutional
buildings will have testable backflow prevention installed. The backflow to be tested
each year at property owner's expense.
iii) Sewer Service Line
Sewer service line pipe shall be 100mm (4") SDR 35 bell & spigot.
iv) Size of Sewer & Water Lines
Pending the usage of the building and at the discretion of the Municipality, the size of
the sewer and water lines may be required to be increased. Example: school, commercial
building, etc.
D.
CURB STOP
All curb stops shall be Mueller compression-type ends, be visible and accessible and clearly
marked with 2"x 6" board on 4 sides of curb stop, 1.2 meters (4 feet) above ground and
painted blue so water may be turned on by the Municipality. If not visible, it shall be the
property owner's responsibility to make said curb stop visible and accessible at all times.
Services boxes to be poly boot only and marked "Water".
Curb stop to be operated by Municipal Utility Department / Designated Officer only.
Curb stops shall not be located in a driveway or pathway.
E.
RESTORATION OF CURB STOP
Leaking curb stops will be repaired by the Municipality, including topsoil and grass seed,
"only" if the leak is on Municipal property. If the leak is on private property, the
Municipality will invoice the property owner for the repairs deemed necessary by the
Municipality.
F.
BEDDING AND INSTALLATION
- All pipe installations will adhere to manufacturer's recommendations.
- As a minimum requirement, all sewer pipe will be supported among its entire length by a
layer of no less than 100mm (4") in thickness of sand. Sand shall also be placed around
and above both sewer and water pipes by hand shovel and hand-tamped to no less than
200mm (8") above the pipes.
G.
INSPECTION
- All work, prior to being covered, is to be inspected by a duly authorized certified
representative of the Rural Municipality of Rockwood.
- Twenty-four (24) hours' notice is required for an inspection.