Town of Portugal Cove-St. Philip's Water and Sewer By-Law
Portugal Cove–St. Philip's, Newfoundland and Labrador
· adopted 2025-02-11
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Town of Portugal Cove-St. Philip's
Water and Sewer By-Law
Pursuant to the authority conferred in Section 8(f) of the Towns and Local Service
Districts Act, the Town Council of Portugal Cove-St. Philip's has adopted the following
By-Law on the 11TH DAY OF February, 2025.
1. TITLE
1.1. This document will be known and cited as the "Water and Sewer By-Law."
2. PURPOSE
2.1. The purpose of this By-Law is to establish and provide guidelines pursuant to
Section 8 of the Act, which the Town of Portugal Cove - St. Philips shall utilize
to support the distribution and use of Town managed infrastructure related to
drinking water, sanitary and storm sewer and all its necessary components.
3. INTERPRETATION/DEFINITION
3.1. "Act" means the Towns and Local Service District Act.
3.2. "Council" shall mean the Town Council of Portugal Cove - St. Philip's.
3.3. "Domestic Service" means the type of service supplied to the owner, occupant
or tenant of a space or area occupied for the distinct purpose of a dwelling
house, rooming house, apartment or other residence.
3.4. "Employee" or "Employees" shall mean any individual under an employment
contract with the Town of Portugal Cove-St. Philip's including all members of
staff, volunteers, contractors and members of Council.
3.5. "Employer" shall mean the Town of Portugal Cove-St. Philip's as represented
by the Chief Administrative Officer or his/her designate.
3.6. "Property Owner" means any legal owner (person, firm, or corporation) of real
property which contracts to be supplied with water and/or sewage disposal by
the system.
3.7. "Service Stub" means a service pipe connected to the system and extending to
the property line of the Property Owner.
3.8. System" means the public water supply and sewage system operated and
maintained by the Town of Portugal Cove-St. Philip's as the owner and operator
of the treatment plant, equipment for procurement, transmission, or delivery of
water to the public, and for the collection, conveyance, and disposal of sewage
3.9. "Town" shall mean the Town of Portugal Cove - St. Philip's.
4. APPLICATION
4.1. These By-Laws shall apply only in the area or areas of the Town in which water
and/or sewage service is provided by Council. Section 131 of the Act empowers
the Town to impose a water and sewage tax upon the owners of all real property
that is either connected to the system or is capable of being serviced by the
system. This mandatory provision applies to all real property including all vacant
land that is capable of being serviced.
5. BY-LAW STATEMENT
5.1. General
5.1.1. Per section 295 of the Act, Council shall not be liable if damage is
the result of water overflowing from a water or wastewater system,
drain, ditch or watercourse due to excessive snow, ice, mud or
rain; nor the construction, operation or maintenance of a system or
facility for the distribution of water of for the collection,
conveyance, treatment or disposal of wastewater, storm water or
both.
5.1.2. Per section 181 & 182 of the Act, no work related to water and/or
sewage system connection(s) shall commence prior to submission
of an application (which must be signed by the Property Owner)
and supplementary documents to the Town for consideration, and
the issuance of a Permit.
5.1.3. No water and/or sewage service shall be provided by the System
until the connection(s) has been inspected and approved by the
Town.
5.1.4. No permit shall be issued for water and/or sewage system
connection(s) unless the owner of the property which is subject of
the application remits payment of any and all fees and all
outstanding taxes for the previous calendar year, and any and all
other fees, or charges owed by the Property Owner (whether or
not the said taxes, fees or charges pertain to the property which is
the subject of the application), or suitable arrangements have
been made to pay the balance.
5.1.5. Per section 131 of the Act Property Owners shall be assessed an
annual rate for Water and Sewage Services in accordance with
the Town's current year Tax Structure and Schedule of Fees
5.1.6. Bills for water and sewage rates shall be rendered annually.
Property Owners in arrears of water and sewage assessments
may have their services discontinued, as per Section 160 of the
Act.
5.1.7. The contract between the Town and the Property Owner is implied
by their respective delivery and use of water and the disposal of
sewage. Payment shall be for a period of one year and thereafter
shall be self-renewing. Service may expire within thirty (30) days
with written notice from either party, unless otherwise stated in
these By-Laws.
5.1.8. No Property Owner shall permit the improper use or waste of
water, or the discharge of material harmful to the system into the
sewers. Water may not be sold to others or given away only under
conditions and for such purposes as may be approved by the
Town in writing.
5.1.9. The Property Owner is responsible for ensuring that all work
related to water and/or sewer connection(s) to their building,
premise, or vacant land meets all Occupational Health and Safety
By-Laws, National Building Codes, Municipal Water, Sewer and
Roads Master Construction Specifications and these By-Laws.
5.2. Connection
5.2.1. The owner of a building or premise which is within 61.0 meters
(200.0 feet) of the System shall, within 12 months of the
acceptance of the water and/or sewer main(s) which would service
the building or premise, have such building or other premise
connected to the system. In accordance with the Towns current
year Tax Structure & Schedule of Fees.
(a) Any building or premise failing to connect to the sewer system via a
gravity fed connection and requiring a residential lift pump will require
inspection by the Town. Any lift pumps shall be installed by the
Property Owner, at their cost. Lift pumps must be designed for
intended purpose, upon inspection if deemed unsatisfactory
equipment must be replaced with acceptable equipment, at the cost of
the Property Owner.
5.2.2. No building or other premise which is more than 152.4 meters
(500.0 feet) from the System shall be connected to the System by
an individual service pipe.
5.2.3. No person, except an authorized employee of the Town while in
the performance of their duties, shall open, enter, injure, or disturb
any manhole, chamber, control panel, or any other component of
the System; nor shall any unauthorized person open, close, make
connection to, nor draw water from, or in any way disturb or injure
any valve, pipe, meter, curb stop, or fire hydrant, or any other
component of the system.
5.2.4. Any contractor or individual who for any reason whatsoever, cuts,
breaks, obstructs, or otherwise interferes with any manhole, valve,
control, hydrant, or another component of the system shall be
liable for the cost of repairs to the system, unless some prior
written contract has been made in reference to the particular work.
5.2.5. The works of connecting a building, other premise, or vacant land to
the System will be performed as follows:
1.
The connection of water and/or sewage service stubs to the
System shall be done only by employees of the Town, or by a
contractor or person engaged by the Town for that purpose.
2.
During a capital works project undertaken on behalf of the Town,
service stubs will be installed by the above representatives of the
Town from the mains to the boundary line of the property. Cost will
be borne to the property owner as per the Towns current year Tax
Structure & Schedule of Fees.
(a) Upon completion of the service(s) installation, the contractor
shall backfill the excavated trench, rough grade, and remove
from the property all debris and surplus material resulting from
the installation.
(b) The contractor shall restore all areas of the property outside the
6.0 meter (19.7 feet) wide work area to its original condition. The
6.0-meter width will be established with a consistent dimension
reference to the trench centerline, but the dimensions may vary
from one side of the trench to the other.
(c) The Property Owner shall be responsible for the reinstatement
and all other restoration necessary to return the property within
the 6.0-meter-wide work area to its original condition. Such
reinstatement shall include but not be limited to the following:
- Fencing
- Landscaping
- Walls
- Other
- Driveway
- Storm Culverts
- Bridges
- Ditching
- Septic System
- Trees
(d) Should installation of the service lines to property boundary
cause the loss of an existing well, the Town will not be
responsible for the replacement of the said Well but shall
provide temporary water service until such time that the building
or premise is approved to connect to the Town's water supply.
Temporary supply of water shall be provided & removed
according to seasonal conditions, as determined by the Town.
(e) The terms and conditions of this agreement must be agreed to
prior to the completion of the service line to the edge of the road
right of way or the property boundary.
(f) The location of service(s) shall be specified by the Property
Owner on their application for service so that the service stub(s)
is brought to the location most convenient for their purposes.
The Town reserves the right to change the recommended
location if service to that point is found to be technically
unfeasible.
4.
The work of extending the service stub into a building or premise
and connecting to the internal plumbing system to the
specifications and inspection procedures as provided hereafter is
the responsibility of the Property Owner.
5.
When the complete service(s) is fully operable and all provisions of
these By-Laws have been met, the water will be turned on by an
employee of the Town.
6.
The cost of the Property Owners' connection to the system shall be
borne as follows:
(a) During Capital Works Projects:
i. Buildings and other premises in existence at the time of the
project shall have the service stubs installed in accordance
with Section 5.2.5(2) of these By-Laws.
ii. Vacant lands requesting water and/or sewer service(s)
during the project shall pay the full cost of installation. This
cost will be made available to the Property Owner prior to
any work starting. The Town shall determine this cost
based on the formula derived from the contractors pricing. If
the contractor has passed the vacant land and is required
to return, this cost may increase to reflect any extra work
the contractor may have to carry out.
(b) Existing Infrastructure:
i. Property Owners requesting service(s) for buildings,
premises, or vacant lands after the installation of the water
and/or sewage main(s) to which they will connect shall pay
the full cost of installing the service(s). The Town will carry
out the physical connection of the service stubs to the
mains. Fees and deposits associated with installing the
service stubs shall be in accordance with the Town's
current year Tax Structure & Schedule of Fees.
ii. At the time a permit is issued for the connection, a
refundable Infrastructure Damage Deposit will be charged
in accordance with the Town's current year Tax Structure
and Schedule of Fees. Once a satisfactory final inspection
of the connection has been completed by the Town, the
refund will be released. If damage occurs to Town
infrastructure (above or below ground) during the
connection, the Property Owner will be required to
complete the necessary repairs or, if required, the Town
will carry out the work and deduct all costs from the
deposit. The reminder will be refunded to whomever paid
the deposit. If the cost exceeds the deposit, the excess will
be charged to the Property Owner.
iii. If asphalt on a Town street is required to be cut, a
refundable Pavement Cut Deposit will be charged in
accordance with the Town's current year Tax Structure &
Schedule of Fees. The refund will be released one year
after the asphalt is placed provided the asphalt patch is in
good condition. In a case where the Property Owner
neglects to patch the asphalt or make repairs to the already
patched section in a reasonable time frame determined by
the Town, the Town or its representatives will carry out this
work and deduct all cost from the deposit. The remainder
will be refunded to whomever paid the deposit. If the cost
exceeds the deposit, the excess will be charged to the
Property Owner.
iv. All pavement cuts will require inspection during the
reinstatement process. This inspection will be performed by
the Town. If work has been performed without inspection,
the Town will request that the work be uncovered for
inspection at the property owner's expense. Pavement
reinstatement to follow Provincial or Municipal standards,
determined by owner of right-of-way. (ie. Two 50mm thick
lifts of asphalt along provincially maintained roadways, and
two 40mm thick lifts of asphalt along Town maintained
roadways.)
7.
In all cases, the Property Owner must bear the full cost of their own
work in extending the service stub to their building, and connecting
thereto, in addition to any costs incurred by the Town.
8.
All work done by the Property Owner in extending the service stub
into owner's premises, and making connections thereto shall be
done in accordance with these By-Laws and the Town's standard
drawings, and shall be subject to inspection by the Town as
outlined below:
(a) After all pipe and fittings have been installed, connected, and
bedded up to the mid-diameter as hereinafter specified, but
before backfilling is commenced, an inspection of the work shall
be made by the Town.
(b) If backfilling is done before the inspection is made, the Town
will request that the work be uncovered, at the Property Owner's
expense, for inspection before the service is activated. If the
Property Owner fails to uncover the work, the Town has the
authority to do so, and any expenses incurred by the Town to
uncover the work must be paid by the property owner before the
service is activated.
(c) It shall be the duty of the Property Owner to notify the Town
when the work is ready for inspection. A minimum of two (2)
working days' notice must be provided. Requests made on
Fridays may result in a delay in inspection.
(d) The inspection shall be done during regular office hours
(Monday-Friday, 8:30am-2:00pm).
(e) Backfilling operations may not commence until the Property
Owner has received written approval of the work from the Town,
which approval shall be given at the time of the inspection, or
within one (1) working day of inspection, provided that the work
is satisfactory.
(f) If the work is not found to be satisfactory, it shall be the Property
Owner's responsibility to have the work competed to a standard
acceptable to the Town, in accordance with a Deficiency List
which will be given to the Property Owner. The work will then be
re-inspected when the deficiencies have been made good.
(g) The service will not be activated until the Property Owner has
received approval of the work, and the excavation has been
backfilled.
(h) At all reasonable times during the period of the Property
Owners receipt of the water and/or sewage service(s) from the
Town, the Town may, upon request made to the owner or
occupant, enter and have free access to all parts of any building
or premises to which service is provided.
9.
No person, unless authorized by the Town in writing, shall connect
or have connected any basement floor drain to a sewer main (or a
service pipe there from). Every such connection made without such
authorization, even before the enactment of these By-Laws, shall
be deemed to be in contravention of these By-Laws.
10. No person(s) shall make, either knowingly or unknowingly, cross
connection between the sanitary sewer system and storm sewer
system. Upon identification of such cross connection, the
connection must be remedied to the satisfaction of the Town at the
property owners expense.
11. No persons, except the Towns Public Works Department or Fire
Department (Emergency Services) shall be allowed to connect to a
fire hydrant.
5.3. Material Specifications (Water):
1.
A list of materials required to connect to the water main is identified in
Appendix A of these By-Laws.
2.
Materials used in the extension of water service stubs to a building
shall comply with the following specifications:
(a) Pipe shall be Municipex Poly Pipe. The pipe size for Domestic
Services shall be determined from the following table:
Table 1 - Pipe Sizing
Pressure
Distance From Mains
25 ft
50 ft
75 ft
100 ft 200 ft
20-24 PSI
¾ in
¾ in
1in
1in
1in
40-60 PSI
¾ in
¾ in
¾ in
¾ in
¾ in
Over
60
PSI
¾ in
¾ in
¾ in
¾ in
¾ in
The above assumes the elevation of the building or premises is not
great enough to lose the main line pressures quoted in each
category.
This table is for single-family units (or for residences with
subsidiary apartments) and is based on a maximum demand of
8.33 IMP. GPM. Service pipes to multiple family units or to
commercial properties must be sized on the basis of expected
demand, pipe length, and water pressure. Approximate water
pressures for any area may be ascertained by contacting the
Public Works Department at the Town Office.
(b) Joints and fitting connections in water service pipes shall be
compression type and completely watertight.
3.
Each Property Owner shall install the following fittings as required
by the Town inside the building or premises to be serviced in an
easily accessible place. These fittings are to be compression type
and shall be installed upstream of the point at which the service
pipe connects to the building's internal plumbing system.
(a) A shut off valve of a type approved by the Town.
(b) A pressure reducing valve of a type approved by the Town.
(c) A vacuum relief (anti-siphon) and a pressure relief valve shall
be installed on all hot water heaters and all other pressure
vessels.
(d) All radiation (hot water) furnaces shall be equipped with a
AWWA approved backflow prevention device such as the watts
Series 9DM3/M2 or Series 911 combination backflow preventer hot
water boiler fill valve or an approved equal.
4.
The Property Owner shall be responsible for the proper setting and
maintenance of these valves and for any damage caused by its
improper setting or its failures.
5.4. Materials Specifications (Sewer):
1. A list of materials required to connect to the sewer main is identified in
Appendix A of these By-Laws.
2. Materials used in the extension of sewage service stubs to a building
shall comply with the following specifications:
(a) Pipe shall be Polyvinyl chloride (PVC) plastic pipe with joints as
specified hereafter and laid with bell and upstream of spigot end. Pipe
shall be CSA approved or type SDR 35 or better. Special approval may
be given by the Town in writing for another type of pipe to be used.
(b) Joints in sewage service pipes shall be water-tight using pipes with
bell and spigot ends and gaskets, as recommended by the manufacturer.
3. Service stubs shall be PVC SDR 35 sewer pipe or better. The Town shall
not permit the use of makeshift connections such as loose fit, concrete-
poured connections, etc.
4. Fittings on sewer lines shall be of a type approved by the Town and
designed specifically for connection to the particular type of pipe used.
All fittings shall be specified as follows:
(a) Bends or elbows in the pipes will be permitted only in special
cases, as outlined under Section 5.5.3 (b) of these By-Laws with clean
outs at each bend.
(b) Cleanouts are required on each separate service connection.
Section 5.5.4 of these By-Laws sets forth the materials and configuration
of each cleanout, which are to be located as follows:
i. In an easily accessible place inside the building, giving straight-
line access to the sections of sewer service pipe buried outside the
building.
ii. At all horizontal bends in the service pipe.
iii. At the property boundary next to the curb stop.
5. A check valve/backflow prevention device approved for use on sewage
lines shall be installed in an easily accessible place approved by the
Town on every sewage service pipe
5.5. Install Specifics:
In planning for the installation of water and/or sewer service pipes, the
following requirements for location and alignment of the pipes shall be
followed. List of required items can be seen in Appendix A.
1.
Water and/or sewer service shall only be installed subject to the
following conditions:
(a) No two primary use buildings supplied with water and/or sewer
shall be dependent on one service stub. A subsidiary
apartment may use the same service stub as the main unit
only if the internal plumbing system of the building is one
integrated system and not separate systems for each unit.
(b) An accessory building on a property may be supplied with
water and/or sewer using the same service stub as the main
unit only.
(c) No more than one service stub will be provided to each
Property Owner for any one parcel/lot. Unless property owner
has received permission from the Town to subdivide parcel
into approved building lots, based on the zoning By-Laws,
upon completion of the capitals works project.
Any service stub installed during Capital works project to
vacant land, not covered under the Capital works project will
be cost recovered by the Town, at the Property Owners
expense as per the Towns current year Tax Structure and
Schedule of Fees.
(d) No service pipes will be permitted to run along any private
road giving access to more than one dwelling unit or
commercial establishment, nor across the private property of
anyone other than the Property Owner receiving the service.
(e) Location, alignment, and configuration of service connections
shall in all cases comply with these By-Laws.
2.
The vertical alignment of the service pipes must be carefully
controlled to conform to the following requirements:
(a) The minimum depth of earth cover over the top of all pipes
must be 1.8 meters (6.0 feet), to provide protection against
freezing. In places where ground conditions make it impossible
to obtain this depth of cover, special approval must be
obtained from the Town. In such instances, the Town may
require that insulation, heat tracing, or some other special
protection be provided.
(b) Sewage service lines must be laid at a uniform and constant
slope, with no vertical bends or deflections from the service
stub to the inside of the building's foundation wall. A downward
slope, in the direction of flow, of at least one-quarter (1/4) of an
inch will be permitted where necessary if the slope is uniform,
workmanship is satisfactory, and there are no horizontal bends
or deflections in the line.
3.
The horizontal alignment of the service pipes must conform to the
following requirements:
(a) If possible, no horizontal bends or deflections shall be installed
on a sewer line anywhere between the service stub and the
inside foundation wall of the building.
(b) Horizontal bends may be permitted only if all of the following
conditions are met:
i. The Property Owner has received permission from the Town
to have bends installed.
ii. The building or premises to be served was built prior to the
installation of the water and sewer mains. Buildings
constructed after that time should be designed and located
such that a straight-line sewer run to the mains is possible.
iii. The bend(s) are necessary to properly align the service
pipes and the service stub.
iv. Renovations to the internal plumbing system of the
premises in order to change the entry point of the service lines
would be impossible or very costly.
v. A cleanout is installed at each bend in accordance with
Section 5.5.4 of these By-Laws.
vi. No more than two (2) ninety (90) degree long radius, or
three (3) forty-five (45) degree long radius bends are required.
vii. The slope of the sewage service pipe is at least one
quarter (1/4) of an inch to the foot.
4.
The installation of cleanouts on the sewage services shall conform
to the following requirements:
(a) Cleanouts located inside a building shall be placed at the
bottom of the soil stack provided that the service pipe between
this location and the foundation wall contains no bends or
deflections.
(b) Where a bend or deflection is located in the sewage line
between the foundation wall and the soil stack, the cleanout
shall be located either at the bend or immediately inside the
foundation wall.
(c) Cleanouts located inside a building or other premises shall be
kept easily accessible at all times and shall be located so as to
provide a minimum of 1.2 meter (4.0 feet) working space.
(d) If possible, cleanouts shall be located so to provide straight-
line access to the sewer line. Otherwise, the cleanout shall
form a maximum angle of forty- five (45) degrees with the
sewage line.
(e) Cleanouts installed at bends in the pipes shall be extended to
within 3.0 to 6.0 inches of finish grade, at an angle of forty-five
(45) degrees to the pipe.
(f) The Property Owner shall keep a permanent record of
measurements from each buried cleanout to at least three (3)
nearby permanent points for future location of the cleanout.
The Property Owner shall be responsible for locating and
uncovering any cleanouts should a blockage of the sewer pipe
occur.
(g) All cleanouts shall be capped with an approved threaded pipe
cup.
5.
All water and sewer service pipes are to be bedded and backfilled
in accordance with normally accepted engineering practices.
6.
All pipes shall be carefully supported along their entire length on a
bed consisting of one of the following materials specified in the
Master Specifications for Municipal Water, Sewer, and Roads:
(a) Undisturbed competent earth, as approved by an engineer.
(b) Hand-tamped or mechanically compacted Type 1 or 2 bedding
material.
(c) Hand-tamped or mechanically compacted excavated material,
hand selected and free from rocks or unsuitable material, as
approved by an engineer.
7.
Similar material to that used in the bed shall be placed and hand-
tamped under and around the pipes up to the mid-diameter and left
for inspection.
8.
After approval by the Town, the first 300mm of backfill shall be
hand selected and placed over the pipes in lifts of 150mm to a
height of 300mm. Approved type 1, or 2 bedding material must be
used within 300mm of pipe.
(a) If backfilling is done before the inspection is made, the Town
will request that the work be uncovered, at the Property
Owner's expense, for inspection before the service is activated.
If the Property Owner fails to uncover the work, the Town has
the authority to do so, and any expenses incurred by the Town
to uncover the work must be paid before the service is
activated.
9. The remaining backfill may then be placed either by hand or
machine. If any disturbance or damage is caused to any road, road
shoulder or drainage ditch, culvert, or other public property during
the course of the work, it shall be the responsibility of the Property
Owner to repair and/ or replace all disturbed property and clean up
to the satisfaction of the Town.
(a) Backfill material must be unfrozen and free from rocks larger
than 200mm, cinders, ashes. Sods refuse or other deleterious
materials.
5.6. Maintenance of Services:
5.6.1. No Property Owner shall discharge, nor permit the discharge of any
of the following materials in the sewage system:
1. Corrosive, explosive, toxic, or flammable material.
2.Non-biodegradable material such as plastic, glass, metal, or cloth.
3. Cooking oil or other such greases from establishments such as
Hotels, Motels, Restaurants, Take-out, etc. These establishments
shall be required to install grease traps to prevent discharge.
4. Large or bulky material that could promote the blockage of pipes
or damage to pumping or treatment equipment.
5. Sewage or effluent having a temperature in excess of 32°
Celsius, or a pH value of less than 5.5 or greater than 9.0.
6. Radio-active substance having a gross beta activity before
discharge of more than 37 Bq (Becquerel) per liter with the
exception of:
(a). radium 226 & strontium 90 which shall not exceed 0.37 Bq per
liter.
7. Effluent from garage floor drains, storm sewers, rain gutters, or
weeping tile.
5.6.2. If a leak, blockage, freezing, or other trouble occurs in a service
pipe, it shall be repaired as soon as possible, and the Property
Owner shall notify the Town of every such occurrence.
5.6.3. Any leak suspected or detected within the Towns water and sewer
infrastructure must be repaired or replaced as per the Towns Water &
Sewer Service Line Leak Policy.
5.6.4. When the repair work is being done by the contractor or Property
Owner, the Town must be notified prior to commencing any repairs
so that the Property Owner may obtain a permit to complete the
repairs, so the proper inspection procedures can be carried out
while the repair is being undertaken, and to activate any valves or
inspect any backfill procedures.
5.6.5. If freezing occurs, under no circumstances are welding machines or
other similar devices to be used for thawing purposes. Only CSA
approved thawing machines shall be used.
5.7. Service Discontinuance:
5.7.1. The Town shall have the right to permanently or temporarily
discontinue, refuse, or suspend services from the system to Property
Owners for any one of the following conditions:
5.7.2. Non-payment of water and/or sewer rates as per Section 160 of the
Towns and Local Service Districts Act, 2025.
5.7.3. Recurring discharge of unauthorized materials into the sewage
system.
5.7.4. Recurring and unnecessary wastage or improper use of the water
supplied.
5.7.5. Refusal to have a service line leak repaired if, in the opinion of the
Town, repair of the leak is necessary to prevent water wastage or
contamination of the soil.
5.7.6. In order to effect maintenance procedures, or to tie down new
services.
5.7.7. The Town shall give the following notice to any Property Owner
whose service(s) is to be permanently or temporarily discontinued:
5.7.8. Immediate disconnection for wasteful use of water or if the service
must be discontinued temporarily due to an emergency situation.
5.7.9. 24-hours' notice verbally, or through public notice, if service is to be
discontinued for maintenance of the system or to tie in new services.
5.7.10. 14 days' notice, in writing, if service is to be discontinued for
unauthorized discharge, as per Section 5.6 of these By-Laws, or
improper use of water.
5.7.11. A Property Owner's service may be discontinued at any time upon
the Town's receipt of the Property Owners written request to do so,
and payment of applicable fees as per the Town's current year Tax
Structure and Schedule of Fees.
5.7.12. Any service which is discontinued for any reason, except
immediate repairs or maintenance to the system or service pipe, or
tie in of new services, shall not be reconnected unless and until:
(a) Any arrears of water and/or sewer rates are paid in full, or
suitable arrangements have been made to pay the balances.
(b) All other taxes and/or outstanding bills are paid in full, or suitable
arrangements are made to pay the balances.
(c) Payment of a reconnection fee. A fee will also apply for
reconnection due to services being discontinued for non-
payment of taxes. See Town's current year Tax Structure and
Schedule of Fees for applicable fee(s). Reconnection fees on
weekends and after hours (except emergencies) will be applied
plus all associated costs with the call out.
6.
OFFENCES
6.1. A person who violates this By-Law commits an offense in accordance with s.
289 (f) of the Act.
6.2. This By-Law shall not exclude the application of other penalties not expressly
listed.
7. PENALTIES
7.1 A person who commits an offense under s. 289 of the Act is liable on Summary
Conviction to penalties under s. 290 of the Act.
8. PROSECUTIONS
8.1. Prosecutions for offenses in this By-Law may be carried out by the Town under
s. 291 (1) of the Act.
8.2. A Prosecution shall not be commenced by the Town with respect to an Offence
under the Act until after an appeal period which may apply to the activity giving
rise to the Offence has passed.
9. REPEAL OF PREVIOUS REGULATIONS AND BY-LAWS
9.1. All previous Town of Portugal Cove - St. Philips Water and Sewer Regulations
are repealed.
10. CAME INTO EFFECT
10.1 This By-Law came into effect on the February 11, 2025, through a resolution of
Council, #2025-054.
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Claudine Murray, Town Clerk
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Carol McDonald, Mayor