City of Corner Brook Water and Sewerage Regulations — full text

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THE CITY OF CORNER BROOK WATER AND SEWERAGE REGULATION PURSUANT to the powers vested in it under sections 154, 168,169,174 and 187 of the City of Corner Brook Act, R.S.N.L. 1990, c. C-15, as amended, and all other powers it enabling, the Corner Brook City Council in a session convened on the 21' day of April, 2008, hereby passes and enacts the following regulation relating to the provision of water and sewerage services in the City of Corner Brook. 1. These Regulations may be cited as the City of Corner Brook Water and Sewerage Regulations. Definitions 2. In these Regulations: (a) "Council" means the Corner Brook City Council continued by section 12 of the City of Corner Brook Act; (b) "Director" means the Director of Operational Services; (c) "Connection" means the installation of pipes to supply water or to carry off sewage from any property or both and includes the act of connecting such pipes to any pipes owned by Council ; 3. For the purpose of the application of rates under these Regulations: (a) Houses and other buildings within sixty meters of any pipe of the Council's water supply system, whether connected or not, shall be regarded as having water services; (b) Houses and other buildings within sixty meters of any pipe of the Council's sewerage system, whether connected or not, shall be regarded as having sewerage services; (c) Vacant land which has access to a street and the nearest boundary line of which is situated within sixty meters of any pipe of the Council's water supply system, shall be regarded as having water services whether or not such vacant land is used for any purpose or is connected with the Council's water system; and (d) Vacant land which has access to a street and the nearest boundary line of which is situated within sixty meters of any pipe of the Council's sewerage system, shall be regarded as having sewerage services whether or not such vacant land is used for any purpose or is connected with the Council's sewerage system; Rates 4. Rates for water and sewerage services shall be set by a resolution of Council in accordance with section 154 of the City of Corner Brook Act, and such resolution may be contained in the Council's annual budget. Connections and Reconnections 5.1 No person shall lay water and sewer pipes to connect with Council's water or sewer pipes without first having obtained a permit in writing from Council. 5.2 No person shall make any connection with Council's water or sewer pipes except in the presence, under the supervision and in accordance with the directions of an employee of Council who has been authorized by Council or the Director to provide such supervision. 5.3 The minimum size of any pipe for the conduction of water to any property shall be 19 millimeters in diameter and the material of such pipe shall be of copper except that when the size of such pipe exceeds 50 millimeters in diameter, the said pipe may be of a material authorized by Council; and 5.4 No portion of any pipe used for the conduction of water may be soldered. 5.5 The minimum size of a sewer pipe for the conduction of sewage from any property shall be 100 millimeters in diameter and the material of such pipe shall be authorized for use by Council. The minimum sewer main size for residential streets shall be 200 millimeters in diameter and all main sewers shall be designed according to good engineering practice. 5.6 Council may, by resolution, and such resolution may be contained in the Council's annual budget, establish service charges to be payable upon the connection of any property to the water supply system or the sewerage system and for the reconnection to such systems in the event of disconnection for any reason. 5.7 No owner of a property shall cause or permit a connection to Council's water supply system or Council's sewerage system to be activated until a written application therefore has been filed with Council and a written permit to activate the connection has been issued by Council or the Director. No person, other than a person authorized by Council or the Director, shall activate any potable water connection to Council's water supply system, nor shall any such activation occur without the approval of the Director or his delegate. Temporary Connections 6.1 No person (other than a firefighter in the case of water hydrants) shall make a temporary connection with Council's water hydrants or any of its water or sewerage pipes or mains until a written application therefore has been filed with Council and a written authorization of Council to make such a connection is issued. 6.2 When an application is made pursuant to section 6.1, the applicant shall state in writing the purpose for which the connection is sought, the period for which the connection is sought, the location or locations of the proposed connections, and the estimated quantity of water required by the applicant. 6.3 Upon receipt of such written application Council may grant the authorization for the making of the temporary connections to its hydrants, mains or pipes as requested, subject to such terms and conditions as it deems fit, provided however that the use of any fire hydrant shall be subject to the approval of the Director. 6.4 A deposit in an amount to be set by resolution of Council shall be paid to Council prior to commencement of any temporary connection. In the event that damage results to Council's water hydrants or Council's water or sewerage pipes or mains as a result of the connection with or use of Council's mains or hydrants, Council shall retain so much of the said deposit as shall be necessary to pay the cost of repair of the damage without prejudice to any other remedy which Council may have against that person that made such connection at law. 6.5 No person shall, without the consent of Council use, makes connections with, or tampers with the water or sewer system of Council, or any part thereof. Subdivision of Land Service 7.1 Where the owners of lands request Council to open up a new locality or layout lands for building purposes Council may require the owners: (a) to carry out any improvements at their own expense in accordance with plans and specifications to be approved by Council; or (b) to deposit with Council the cost of any improvements as estimated by Council. 7.2 When a deposit has been made with Council by the owners of land as required by section 7.l(b), and after the improvements have been effected there is a variation between the estimated and the actual cost of the improvements: (a) if the actual cost is less than the amount so deposited, Council shall return the difference to the owners of the lands; and (b) if the actual cost is greater than the amount so deposited, the owners of the lands shall immediately pay the difference to Council. All sums payable to Council under this section shall be deemed to be local improvement assessments made under section 168 the City of Corner Brook Act. Adjustment of Charges in Individual Cases 8. Council may grant any exemption from or remission of the charges, rates and assessments and interest imposed by these Regulations, in whole or in part, if in the opinion of Council such exemption or remission is desirable or appropriate, provided such exemption or remission is granted by the unanimous vote of the members of Council present at a meeting whereby the decision to approve the exemption or remission is made and any such exemption or remission may be subject to any condition which Council deems fit. Interest 9. Council may, by resolution, and such resolution may be contained in the Council's annual budget, establish a rate of interest to be applied to amounts unpaid under these Regulations, the times at which such interest shall become payable and the manner in which such interest shall be computed. Penalty 10. Where any person contravenes any provision of these Regulations such person is guilty of an offence and liable on summary conviction to a fine or to a period of imprisonment or both in accordance with in accordance with s. 438 of the City of Corner Brook Act. Repeal 11. These regulations shall come into force as of the date enacted by Council and the City of Corner Brook Water and Sewerage Regulation - 1992 and all amendments thereto are hereby repealed upon the coming into force of these Regulations. IN WITNESS WHEREOF these Regulations are sealed with the Common Seal of the City of Corner Brook and subscribed by and on behalf of Council by the Mayor and City Clerk at the City of Corner Brook, in the Province of Newfoundland and Labrador, this 5th day of May. A.D., 2008. Mayor Published in the Western Star - March 12,2008 First Reading - March 3, 2008 Second Reading - April 21,2008