By-Law 18/23 - Stony Mountain Utility Rates

Rural Municipality of Rockwood, Manitoba

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BY-LAW #18/23 OF THE RURAL MUNICIPALITY OF ROCKWOOD Being a By-Law of the Rural Municipality of Rockwood to regulate the Stony Mountain Utility System and establish new water, and wastewater rates. WHEREAS, pursuant to Section 232(1)(L) of the Municipal Act, a municipality is given power to regulate and control its Municipal water system; AND WHEREAS the Council of the Rural Municipality of Rockwood deems it expedient and desirable to regulate the Stony Mountain and Rockwood Sensitive Area Water System; 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 Stony Mountain 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. 3which 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 property not serviced by the Municipal water system but located adjacent to Municipal water system's water line on the coming into force of this By-law a) Where Property not serviced by the Municipal water system is serviced by the Property's water system, and is located adjacent to the Municipal water system's water line on the coming into force of this By-law, the Owner or Occupier of a Property must connect the Property's water system to the Municipal water system by no later than one year from the date of application. If the Property is serviced by a well, the Owner or Occupier prior to connecting to the Municipal water system must disconnect the well from Property's water system, stop receiving water from the well. 8. 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. 9. 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. 10. 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. 11. 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. d) No person may permit the discharge of any of the following into the Wastewater system: - Sewage of which the BOD5 exceeds 500 milligrams per litre. - Sewage in which suspended solids exceed 500 milligrams per litre. - Sewage having pH lower than 5.5 or greater than 9.5 or which due to its nature or content, becomes less than 5.5 or greater than 9.5 during transmission to a wastewater treatment lagoon, or having any other corrosive, damaging, or hazardous characteristics with respect to the Municipal sewer system and sewer processes and/or personnel. - Sewage containing toxic or poisonous substances, or a waste which, combined with another waste, may cause toxic or poisonous substances to be liberated, or containing radioactive substances. - Sewage containing any part of the following mater in excess of the indicated concentration:  Phenols 0.10 milligrams per litre  Total Cyanides, expressed as HCN 1.00 milligrams per litre  Total Sulphides, expressed as 112S 2.00 milligrams per litre  Total Copper, expressed as Cu 1.00 milligrams per litre  Total Chromium, expressed as Cr 1.00 milligrams per litre  Total Nickel, expressed as Ni 1.00 milligrams per litre  Total Lead, expressed as Pb 1.00 milligrams per litre  Total Zinc, expressed as Zn 1.00 milligrams per litre  Total Cadmium, expressed as Cd 1.00 milligrams per litre  Total Chlorides, expressed as Cl 1500 milligrams per litre  Total Sulphates, expressed as Sot 1500 milligrams per litre  Total Phosphates, expressed as P 60 milligrams per litre  Total Nitrates, expressed as NO3 60 milligrams per litre 12. 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. 13. 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. 14. 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. 15. THAT Disruption of water/sewer service to a property owner service lines up to the property line may include curb stops, service boxes, rods, saddle, and main corp., i.e., leaks, plugs, etc. 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. 16. 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. 17. 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. 18. THAT By-Law #07/17, By-Law #17/17 and By-Law #18/17 are hereby repealed on the day following the date of final passage of this By-Law #18/23. 19. THAT By-Law #18/23 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 #18/23 THE STONY MOUNTAIN WATER & SEWER UTILITY SYSTEM SCHEDULE OF QUARTERLY RATES 1. COMMODITY RATES PER CUBIC METRE: WATER WASTEWATER COMBINED 2025 $2.60 $2.65 $5.25 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: a) WATER & SEWER CUSTOMERS: 2025: Meter Size Group Capacity Ratio Minimum Quarterly Volume Service Charge Commodity Rates Minimum Quarterly Charges Water Wastewater 5/8" 1 15 $13.36 $ 39.00 $39.75 $92.11 1" 4 60 $13.36 $156.00 $159.00 $328.36 1 ½" 10 140 $13.36 $364.00 $371.00 $748.36 2" 25 341 $13.36 $886.60 $903.65 $1,803.61 b) WATER ONLY CUSTOMERS: Customers with metered and unmetered service shall be charged the quarterly minimum charges for water and service at the rate applicable to the customer's meter size, less the wastewater charge. 3. BULK SALES: All water sold in bulk by the Rural Municipality of Rockwood shall be charged for at the following rates per cubic meter: iii) 2025: $3.03 plus a flat fee of $100.00 per fill in order to cover wages and travelling costs associated with the fill. 4. 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 Stony Mountain. 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. 5. 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. 6. 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. 7. 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 8. 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 a 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. 9. 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. 10. SEWER 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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 16. Thaw Frozen Water Lines on Private Property - Actual costs 17. Utility Hourly Call Back Rate: - Hourly call back rate - $125.00 (Call backs & re-inspections) 18. 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 #18/23 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 #18/23 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 service line. 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 - damaged curb stops will be repaired by the Municipality, including topsoil and grass seed, "only" if the leak or damage is on Municipal property. If the leak or damage 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.