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Page 1 of 18
THE CORPORATION OF THE MUNCIPALITY OF BROCKTON
BY-LAW NO. 2011-08
BEING
A
BY-LAW
TO
ENACT
RULES
AND
REGULATIONS
FOR
THE
INSTALLATION, REPAIR, MAINTENANCE, AND ACCESS TO WATER METERS
AND CHECK VALVES, AND TO SET WATER AND WASTEWATER RATES IN THE
MUNCIPALITY OF BROCKTON
WHEREAS the Municipality of Brockton proposes to install water meters and
check valves on all individual residential, industrial, commercial, and institutional
establishments in Walkerton and other water systems in the Municipality.
AND WHEREAS the Municipality of Brockton proposes to install pressure reducing
valves on all premises where the pressure at the water meter in the owner's pre-
mises exceeds 80 pounds per square inch.
AND WHEREAS the Municipality of Brockton deems it necessary and desirable to
regulate the installation, repair, maintenance and access to water meters, check
valves and pressure reducing valves and to set fixed and volumetric rates for vari-
ous classes of water consumers and wastewater generators;
AND WHEREAS a lower-tier municipality may pass by laws respecting public utili-
ties, including sewage collection and treatment and water production, treatment,
storage and distribution where Counties are not assigned exclusive jurisdiction.
Municipal Act 2001, c.25, s11, (2) Table;2002
AND WHEREAS a public utility is defined as system providing water and sewage
services to the public, Municipal Act 2001, c.25, s1 (1)
AND WHEREAS connections to potable water systems shall be designed and in-
stalled so that non potable water or substances that may render the water non
potable cannot enter the system Building Code Act 1992-O.Reg 403/97 7.6.2.1
(1);
AND WHEREAS in situations where a the water supply is to be metered, the in-
stallation of the meter, including the piping that is part of the meter installation
and the valving arrangement for the meter installation shall be according to the
water purveyor's requirements. Building Code Act, 1992-O. Reg. 403/97 7.6.1.3 (5)
AND WHEREAS a municipality may, at reasonable times, enter on land to which
it supplies a public utility,
(a) to inspect, repair, alter or disconnect the service pipe or wire, valving, ma-
chinery, equipment and other works used to supply a public utility: or
(b) to inspect, install, repair, replace or alter a public utility meter
Municipal Act 2001, c.25, s80 (1)
AND WHEREAS a municipality, after reasonable notice is given, may shut off or
reduce the supply of the public utility to the land. Municipal Act 2001, c.25, s80 (2)
AND WHEREAS a municipality, after reasonable notice is given, may shut off the
supply of a public utility by the municipality to land if fees and charges payable by
the owners or occupants of the land for the supply of the public utility to the land
are overdue. Municipal Act 2001, c.25, s81 (1)
By-Law #2011-08 Water Meter By-Law
Page 2 of 18
AND WHEREAS in addition to the power under subsection 1 of Section 81 of the
Municipal Act, a municipality may shut off the supply of water to land if the fees or
charges payable by the owners or occupants of the land in respect of a sewage
system are overdue and the fees or charges are based on the fees payable for the
supply of water to the land Municipal Act 2001, c.25, s81 (2)
AND WHEREAS a municipality may recover all fees and charges payable despite
shutting off the supply of the public utility Municipal Act 2001, c.25,s81 (4)
AND WHEREAS the municipality may allocate the available public utility among
its consumers if the supply of a public utility to a municipality is interrupted or re-
duced. Municipal Act 2001, c.25, s82 (2)
AND WHEREAS a municipality may, as condition of supplying or continuing to
supply a public utility, require reasonable security be given for the payment of
fees and charges for supply of the public utility or for extending public utility to
land. Municipal Act 2001, c.25, s83
AND WHEREAS a municipality may pass by laws imposing fees or charges on any
class of persons for services or activities provided or done by or on behalf of it.
Municipal Act 2001, c.25, s391 (a)
AND WHEREAS fees and charges imposed by a municipality on a person consti-
tutes a debt of the person to the municipality. Municipal Act 2001, c.25, s398 (1)
AND WHEREAS the treasurer of a municipality may add fees and charges to the
tax roll of the property to which the public utility was supplied and collect them in
the same manner as municipal taxes. Municipal Act 2001, c.25, s398 (2)
NOW THEREFORE the Municipality of Brockton enacts as follows:
The Short Title for this by-law shall be "Water Meter By-Law"
DEFINITIONS
1.
In this by-law:
(a)
"building" shall mean a structure supplied with water or wastewater
treatment services by the Municipality.
(b)
"CAO/Clerk" shall mean the CAO/Clerk of The Corporation of the Mu-
nicipality of Brockton.
(c)
"check valve" shall mean an assembly, valve or means owned by the
Municipality that prohibits the backflow of any water from the owner's
premises into the potable water supply.
(d)
"consumer" for the purposes of supply of water shall mean the owner
or occupant of property which is serviced by, connected to, and takes
water from the Municipality's water works or is served by the Munici-
pality's wastewater treatment and collection system.
(e)
"commercial consumer" shall mean the applicant for water supply or
wastewater service, the owner or occupant of and the person to whom
By-Law #2011-08 Water Meter By-Law
Page 3 of 18
invoices are sent for water supplied to any premises in which the wa-
ter supplied is used directly or indirectly or wastewater treatment ser-
vices are provided, for or in the operation of any business, trade or
commercial undertaking.
(f)
"contractor" shall mean a person, partnership, or corporation who
contracts to undertake the execution of work commissioned by an
owner or the Municipality to install or maintain water meters and oth-
er appurtenances.
(g)
"Corporation" shall mean The Corporation of The Municipality of Brockton.
(h)
"Council" shall mean the Council of The Municipality of Brockton.
(i)
"developer" shall mean the owner or firm specifically named in a De-
velopment Agreement or in a Subdivision Agreement.
(j)
"external use of water" shall mean the use of water for any purpose
outside the walls of any building located at a municipal address.
(k)
"individual water service pipe" means any service where the water use
of any additional dwelling or other units on that service pipe cannot,
for practical or economic reasons, be metered.
(l)
"individual establishment" shall mean any property or premises capa-
ble of being serviced, within the limits of practicality or economics, by
an individual water service pipe.
(m)
"large user" shall mean any user that withdraws 3,500 cubic meters of
water or more per year from a municipal water system
(n)
"meter" shall mean the water meter supplied and owned by the Muni-
cipality to measure the quantity of water used by the consumer.
(o)
"meter pit" shall mean any chamber or pit the water service enters the
owner's property dug below the frost line outside a building where ap-
proved by the municipality for the purpose of containing a water meter.
(p)
"minimum charge" shall mean the charge applied to any premises
with pipes connecting it to the Municipal water or wastewater collec-
tion system even if no water is used.
(q)
"multiple unit building" shall mean a single building, served by a pri-
vate water service, and containing two or more living or other units
not served by an individual water service pipe.
(r)
"Municipality" shall mean The Corporation of The Municipality of Brockton.
(s)
"pressure reducing valve" shall mean an assembly or valve owned by
the Municipality that limits the water pressure in an owner's premises
to a level established by the Municipality as being appropriate for service.
By-Law #2011-08 Water Meter By-Law
Page 4 of 18
(t)
"new" shall mean any private water service connected after the date of final
passage of the by-law.
(u)
"occupant" shall include any lessee, tenant, owner, the agent of a les-
see, tenant or owner, or any person in possession of a premises.
(v)
"owner" shall include any person, persons or any firm or corporation
that is the registered owner of the property under consideration or
any agent thereof, a person entitled to a limited estate in land, a trus-
tee in whom land is vested, a committee of the estate of a mentally
incompetent person, an executor, an administrator and a guardian.
(w)
"potable water" shall mean water that is fit for human consumption.
(x)
"premises" shall mean the property being supplied or to be supplied
with water by means of an individual service pipe or by an individual
connection to the waterworks treatment system.
(y)
"private water service" shall mean the pipes and fixtures used for the
purpose of supplying any premises in the Municipality with water from
the water works established by the Municipality and situated between
the street line in front of or abutting the premises so supplied and the
premises.
(z)
"remote read-out unit" shall mean the device installed at a separate
location from the water meter and used to provide electronic access to
the consumption reading on the meter.
(aa) "shut-off valve" shall mean the valve on the water service or private
main owned and used by the Municipality to shut off or turn on the
water supply from the Municipality's water distribution system to any
premises.
(ab) "single residential dwelling" shall mean a single dwelling which is
freestanding, separate and detached form other main buildings or
main structures, including a split level dwelling.
WATER METER AND CHECK VALVES SUPPLY AND INSTALLATION
2.
All water supplied through existing and new private water services for use
on premises connected to any of the municipally owned water systems shall
pass through a meter, check valve and where required, a pressure reducing
valve all owned by the Municipality for use upon such premises and the
rates charged shall be those set from time to time by the Municipality, as
provided for under Sections 391 (a) of Chapter 25 of the Municipal Act
2001, and the owner of the premises will be held liable for all water and
wastewater treatment charges.
By-Law #2011-08 Water Meter By-Law
Page 5 of 18
3.
a) The manufacturer, model and style of all meters, check valves and pres-
sure reducing valves shall be approved by the Municipality.
b) The cost of installing meters, including the cost of such meters, check
valves and pressure reducing valves, all owned by the Municipality, shall
be paid by the owner of the private water service. If the meter is me-
chanically defective, then the cost of repairs shall be paid by the Munici-
pality, but if the meter, check valves, pressure reducing valve or any wir-
ing connecting these devices is damaged by the carelessness or neglect
of any person other than an employee or agent of the Municipality, the
owner of the premises shall pay to the Municipality the cost of making
the necessary repair to such meter, check valves or pressure reducing
valve.
4.
If a meter fails to register, the consumer will be charged for the consump-
tion in a previous pertinent period which shall not exceed the previous
twelve (12) months, for that consumer or with the consumption of a similar
consumer for the applicable period as determined by the Municipality.
5.
All water passing through a meter will be charged for, whether used or
wasted.
6.
The owner of premises to be supplied with water agrees to provide conve-
nient and safe space, free of charge or rent, for the Municipality's meter,
check valves, pressure reducing valves, pipes and other appliances on said
premises, and further agrees that no one who is not a servant or agent of
the Municipality or otherwise lawfully entitled to do so, shall be permitted to
remove, inspect or tamper with any of the Municipality's said equipment.
7.
The owner or the premises to be supplied with water agrees to provide ade-
quate heat in the premises to prevent frost damage to the meter, check
valve and pressure reducing valve. In the event that the owner will be away
from the premises for an extended period of time, they shall be required to
notify the Municipality fifteen (15) days before departure so the owner in
consultation with the Municipality can take the proper precautions to pre-
vent frost damage. Otherwise repair will be at the expense of the owner.
8.
a) The owner or occupant of premises shall provide ready and convenient
access to the meter, check valve and pressure reducing valve in said
By-Law #2011-08 Water Meter By-Law
Page 6 of 18
premises so that it may be frequently read and examined by persons au-
thorized by the Municipality for that purpose.
b) Where a meter and check valve cannot conveniently be placed inside a
building, it shall be placed in a meter chamber located outside the build-
ing where the water service enters the owners property, the exact loca-
tion and construction of which shall be discussed with the owner or occu-
pant of the premises as provided for in section 13 of the by-law, and as
approved by persons authorized by the Municipality, and the cost of
which is paid for by the owner.
9.
a) A meter will be removed and tested by the Municipality upon a written
request from the consumer. If the meter is found to register correctly or
not in excess of 3% in favour of the Municipality, the consumer request-
ing the test will be billed for the cost of the test and any expenses in-
curred in removing and testing the meter.
b) If a meter, when tested, is found to register in excess of 3% in favour of
the Municipality, a refund will be made to the consumer of an amount
equal to such excess percentage of the water rates charged on previous
water and sewer billings which in no case shall exceed twelve months
prior to the testing of the said meter and there shall be no cost charged
to the consumer for undertaking the test. Provided, however, that no
reduction shall be made which will reduce the water rates for the twelve
(12) months prior to the testing of such meter below the minimum water
rates fixed by Council.
10.
No reduction shall be made as provided in Section 9 if the owner or occu-
pant of the building has not complied with the provisions of this by-law.
11.
a) One meter and check valve shall be placed in each existing or new resi-
dential, commercial, industrial and institutional establishments in the
Municipality, and the plumbing shall be so arranged that all water used
on such premises shall pass through such meters and check valves and
the owner of the premises will be held liable for water charges. Where
the water pressure at the meter in the consumer's premises exceeds 80
pounds per square inch, a pressure reducing valve shall also be installed.
b) Consumers having previously installed a lawn irrigation system, or any
other water consuming system or device that is connected to the water
service pipe at a location that is before the water meter location, shall be
required to alter the connection to the water service pipe in such a man-
By-Law #2011-08 Water Meter By-Law
Page 7 of 18
ner that all water provided to the site passes through the water meter
and check valve. Failure to comply with this requirement may result in
the penalty provisions of Section 20.
c) Every meter, check valve and pressure reducing valve shall be placed in
such location as the persons authorized by the Municipality shall direct.
If possible, the water meter, check valve and pressure reducing valve
shall be installed in the basement of buildings, and shall be located after
the inlet valve on the consumer's plumbing, so as to ensure that all wa-
ter supplied to the building passes through the meter. In the event that
a building has no basement, the water meter and check valve shall be in-
stalled in another location in the building or in a meter pit as directed by
persons authorized by the Municipality.
d) The location of a meter, check valve and pressure reducing valve when
once installed to the standards of the Municipality shall not be changed
by any person except with the written consent of the persons authorized
by the Municipality..
e) Where the meter is equipped with a remote read-out unit of any type and
a discrepancy occurs between the reading at the register of the meter it-
self and the reading on the read-out device, the Municipality will consider
the reading at the meter to be correct, and will adjust and correct the
consumer's account accordingly.
f) Any leak that may develop at the meter, check valve or pressure reduc-
ing valve or any of their couplings must be reported immediately to the
Municipality.
12. a) It is the responsibility of the consumer to have any existing or new reduced
pressure backflow preventer, double check valve or pressure vacuum
breaker inspected and tested upon installation, when cleaned , repaired or
overhauled, when relocated and annually thereafter by an individual certi
fied as a backflow preventer tester in accordance with the Ontario Building
Code.
b) No person shall without the permission of the Municipality of Brockton re-
move any cross connection control or backflow prevention devices.
c) Any costs incurred for the inspection and testing of the municipality's back-
flow prevention devices as described in this by-law shall be borne by the
consumer.
By-Law #2011-08 Water Meter By-Law
Page 8 of 18
d) Any costs associated with the removal, cleaning, overhaul, relocation or re-
installation of any of the municipality's backflow prevention devices are the
responsibility of the consumer.
e) If the backflow prevention device installed by the municipality or by the
consumer proves to be mechanically defective the cost to replace the device
shall be paid by the municipality including the testing of the new device
upon its installation.
f) The individual or firm employed by the consumer where a backflow preven-
tion device is located shall submit a report to the municipality for any and all
tests performed on backflow prevention devices within fourteen (14) days of
a test and a record card or tag shall be displayed on or adjacent to the de-
vice on which the tester shall record the address of the premises, the loca-
tion, type, manufacturer, serial number and size of the device and the test
date, the tester's initials, the tester's name (if self employed) or the name of
his/her employer and the tester's licence number.
g) If a consumer fails to have a backflow prevention device tested on an an-
nual basis or immediately after the device is cleaned, overhauled or relo-
cated the municipality may notify the consumer that the device must be
tested within four (4) calendar days of the consumer receiving the notice. If
the consumer fails to have the device tested within the time allowed, the
municipality may shut off the water service or water services until the de-
vice has been tested and a report filed with the municipality.
h) When the results of a test referred to in sub-section f) of this policy show
that a backflow prevention device is not in good working condition, the con-
sumer shall make repairs or replace the device within four (4) calendar
days. If a consumer fails to repair or replace the device within the time al-
lowed, the municipality may shut off the water service or services until such
repair or replacement has been made.
13.
The Municipality may enter into agreements with owners to provide for the
installation of water services or meters, check valves and pressure reducing
valves.
By-Law #2011-08 Water Meter By-Law
Page 9 of 18
14.
a) Billings shall be rendered in accordance with Schedule A to this by-law, or
on any other basis at the discretion of the Municipality. If meters are for
any reason not read in accordance with Schedule A, an average of the
previous water consumption will be used for billing.
b) No charge for water supplied or wastewater service, for any type of ser-
vice, shall be for less than the minimum fixed rate as established by
Council.
15.
When water is supplied to a multiple unit building, the account for the water
supply shall be charged to the owner or principal occupant of the premises
and, in case of non-payment where any such default continues for the pe-
riod set out in Schedule B, the water may be shut off under authority of
Sub-sections 81 (1) and 81 (2) of Chapter 25 of the Municipal Act 2001,
notwithstanding that one or more of the occupants have paid part or all of
the account to such owner or principal occupant.
16.
All sums charged for water supplied, or for expenses incurred for the repair
of private water services, meters, check valves, pressure reducing valve,
fixtures and all other appliances connected with the water service or for
damage to the same shall be charged to the owner of the premises. If for
any reason charges for water rates cannot be collected from the owner, or
the occupant of the premises, the water shall be turned off in accordance
with Schedule B under authority of Sub-sections 81 (1), 81 (2) and 81 (4) of
Chapter 25 of the Municipal Act on account of non-payment. No application
for water supply for such premises shall be approved by the Municipality,
notwithstanding that the ownership of the said premises shall have changed,
until such sums and other charges have been paid in full to the Municipality.
17.
A book shall be kept in the offices of the Municipality, which book shall con-
tain the street number and location of premises from which water has been
turned off for non-payment of accounts and the sum remaining unpaid,
which book shall be for the information and protection of person or persons
intending to purchase any property whether any accounts appear upon such
book.
THERMAL EXPANSION TANK
18.
The Municipality will install a thermal expansion tank in residences if the fol-
lowing criteria are met:
By-Law #2011-08 Water Meter By-Law
Page 10 of 18
a)
The pressure relief valve on the hot water tank has been checked, by
a licensed plumber, and shown to be operating properly.
b)
If the pressure relief valve is not operating properly it is to be re-
placed.
c)
The pressure in the residence, as measured by a representative of the
Municipality, reaches a minimum level of 85 psi.
d)
The installation is pre approved by the Municipality.
e)
The installing plumber is approved by the Municipality.
The Municipality will cover the initial cost of the installation of the Thermal
Expansion Tank and necessary piping. Any subsequent replacements, or
repairs, to the initial thermal expansion tank, will be at the expense of the
owner. Any replacement, or repairs, to the Pressure Reducing Valves in-
stalled by the Municipality during the initial installation of the water meters,
is to be at the expense of the owner.
WATER AND WASTEWATER RATES
19.
a) The water and wastewater treatment service rates charged by the Muni-
cipality for water supplied through the water service connection shall be
those as set out in Schedule A to this By-Law, or as amended from time
to time by by-law. Wastewater treatment services provided to those
properties not connected to the municipal water system shall be those as
set out in Schedule A to this By-Law, or as amended from time to time
by by-law.
b) The Council may from time to time change said water and wastewater
rates in accordance with the provisions for notice set out in Section 12
(6) of Ontario Regulation 244/02 of the Municipal Act 2001 to any person
taking a supply of water from the Municipality.
c) Payment to the Municipality of accounts for the supply of water and
wastewater treatment services shall be made in accordance with Sche-
dule A to this by-law. Rates for water supply shall be due when billed.
A penalty, as set out in Schedule B to this by-law, shall be charged on all
accounts when an account is not paid on the due date. An overdue no-
tice will be mailed to the consumer on the fourteenth (14th) day after de-
fault of payment.
d) Should an account remain unpaid seven (7) days after the date of mail-
ing of the overdue notice, a final notice will be sent by mail to the con-
sumer, reminding him or her of the outstanding amount. Seven (7) days
By-Law #2011-08 Water Meter By-Law
Page 11 of 18
after the date of mailing of the final notice, should the account remain
unpaid, a notice of disconnection will be delivered by an employee of the
Municipality to the service address advising the consumer that unless
payment is received within forty-eight (48) hours, service will be discon-
nected.
e) When it has been necessary for a notice of disconnection to be delivered
as per section d) above, a collection charge shall be applied to the out-
standing account. The rates for the collection charges are shown in
Schedule B.
f) If the owner or occupant of any premises omits, neglects or refuses to
pay any bill rendered, whether for water, service pipes, meter, service
charge, wastewater treatment service or any other monies to which the
Municipality may be entitled in respect to such premises, the Municipality
may at its discretion, under the authority of Sections 81(1), 81(2),
81(4), 398(1) and 398(2) of Chapter 25 of the Municipal Act 2001, shut
off the water to the premises and such charges shall remain a lien on the
property and may be collected in the same manner as municipal taxes.
The bill shall be deemed to be served upon the owner if it is delivered or
sent by mail to the premises supplied or the tenant of the premises sup-
plied. The Corporation will not be liable for any damages to property or
injury to persons by reason of shut-off of the water supply.
g) In the case where there are any arrears of water rates, wastewater
charges or any other rates or charges owing to the Municipality that are
charged against any property, the water shall not be turned on for ser-
vice of such property until all such arrears are paid, but the Municipality
reserves all rights to collect the charges for water supplied, and all other
charges, by any means which would be open to it if this by-law had not
been passed.
h) Where it has been necessary to discontinue service as a result of non-
payment, a reconnection charge will be levied against the delinquent ac-
count, in addition to the applicable collection charge. The reconnection
charge rate is shown in Schedule B.
i) Where a new consumer is added to the billing system, a charge to cover
the cost of administrative work will be levied by the Municipality to the
new consumer. Where there is an ownership change for an existing ac-
count, a charge to cover administrative costs will be levied by the muni-
cipality. The charges referred to above are as shown in
Schedule A and will be included on the first billing to the consumer.
By-Law #2011-08 Water Meter By-Law
Page 12 of 18
j) When the owner or occupant requests a temporary removal of the water
meter from his/her premises for any reason, the meter removal and re-
installation charge, as shown in Schedule A, will be applied to his/her ac-
count.
k) When an owner requests additional services such as pipe thawing, the in-
stallation of a smaller meter, the installation of a new meter or other
such service, the charge as shown in Schedule A will be applied to
his/her account.
l) A consumer, for the purpose of payment shall be deemed to be the own-
er of the premises as identified in the current assessment roll.
REGULATIONS AND PENALTIES FOR OFFENSES
20.
In accordance with sections 425 (1) and 426(1) of Chapter 25 of the Munici-
pal Act 2001:
Every person who,
(i)
willfully hinders or interrupts, or causes or procures to be hin-
dered or interrupted, the Corporation or any of its officers, con-
tractors, agents, servants or worker, in the exercise of any of
the power conferred by this by law;
(ii)
willfully and/or maliciously lets off or discharges water so that
the water runs waste or useless out of the works;
(iii)
being a tenant or occupant of any house, building or other place
supplied with water from the water works, improperly wastes
the water or, without the consent of the Corporation improper-
ly, lends, sells or disposes of the water, gives it away, permits it
to be taken or carried away, uses or applies it to the use or
benefit of another, or to any use and benefit other than his
own, or increases the supply of water agreed for;
(iv)
without lawful authority willfully opens or closes any valve or
hydrant, or obstructs the free access to any hydrant, stopcock,
valve, chamber or pipe by placing on it any building material,
rubbish or other obstruction;
(v)
throws or deposits any injurious, noxious or offensive matter in-
to the water or waterworks, or in any way fouls the water or
commits any willful damage or injury to the works, pipes or wa-
ter, or encourages the same to be done;
By-Law #2011-08 Water Meter By-Law
Page 13 of 18
(vi)
willfully alters any meter placed upon any service pipe or con-
nected therewith, within or without any building or other place,
so as to lessen or alter the amount of water registered; or
(vii) lays or causes to be laid any pipe or main to connect to any
pipe or main of the water works, or in any way obtains or uses
the water without the consent of the Corporation,
is guilty of an offense.
21.
Every person who contravenes or causes or permits any contravention of
any of the provisions of this by law is guilty of an offence pursuant to the
Provincial Offenses Act for the Province of Ontario and on conviction is liable
to a fine of not more than $5,000 exclusive of costs.
22.
In addition to other sanctions and remedies provided in this by-law, the Mu-
nicipality may turn off or restrict the supply of water to any consumer where
such consumer has violated any of the provisions of this by-law, and
may refuse to restore normal service until the violation complained of has
been terminated or remedied. The Municipality will not be liable for any
damage to property or injury to person by reason of shut-off of water
supply.
ENACTMENT
23.
This by-law shall be in full force and effect on the third reading and final
passing hereof.
24.
By-law(s) #2007-110 and #2009-08 are hereby repealed.
THAT THIS BY LAW BE ENACTED, SIGNED AND SEALED THIS 14th DAY of February,
2011.
___________________________ __________________________
MAYOR - David Inglis
CLERK - Debra Roth
By-Law #2011-08 Water Meter By-Law
Page 14 of 18
THE CORPORATION OF THE MUNCIPALITY OF BROCKTON
SCHEDULE A of BY-LAW #2011-08
Water Service Rates and Charges
The following retail rate structure will apply to all classes of water consumers and
wastewater users in the Municipality water supply and wastewater treatment ser-
vice areas.
Rates will take effect as of the March 1st, 2011 billing.
WATER
Metered Water Use
All metered water users connected to a municipal water system will pay a fixed
charge, a volumetric charge plus a fixed and a volumetric wastewater treatment
service charge as set out below.
Fixed Water Charge per Annum
5/8X3/4 inch
$146
¾ inch
$161
1 inch
$205
1.5 inch
$262
2 inch
$423
2.5 inch
$1,605
3 inch
$2,044
4 inch
$3,065
6 inch
$4,232
Volumetric Water Charge
This charge applies to all water that passes through the meter.
for water use for the first 292 cubic meters per month
91¢ per cubic meter
for water use over 292 cubic meters per month
76¢ per cubic meter
Flat Water Rate
This rate applies to those who are connected to the Municipality's water system
but are not metered under a special arrangement as approved by the Municipal
Council.
Annual Fee
$459
Minimum Fixed Water Charge
This charge applies to all consumers connected to the Municipal water system and
will be assessed whether or not any water has been used.
Annual Fee
$146
Refusal to be Metered
If it is physically possible for a consumer to have a water meter installed but re-
fuses to allow one to be installed, the consumer will be charged three times (3X)
the flat water rate per year for any meter up to 2.5 inch. For consumers with a
meter larger than 2.5 inch, they will be charged three times (3X) the fixed water
charge per annum based upon their meter size as per the table above.
WASTEWATER
Based on Metered Water Use
All those who are connected to the Walkerton wastewater collection system and
use metered municipal water will pay, in addition to the water bill provisions set
out above;
1) a fixed wastewater charge as set out below and,
2) a volumetric charge as set out below
By-Law #2011-08 Water Meter By-Law
Page 15 of 18
Fixed Wastewater Charge per Annum
5/8X3/4 inch
$154
¾ inch
$169
1 inch
$214
1.5 inch
$276
2 inch
$445
2.5 inch
$1,686
3 inch
$2,145
4 inch
$3,220
6 inch
$4,445
Volumetric Wastewater Charge
This charge applies to all water that passes through the meter.
for water use for the first 292 cubic meters per month
96¢ per cubic meter
for water use over 292 cubic meters per month
80¢ per cubic me-
ter
Flat Wastewater Rate
This rate applies to those who are connected to the Municipality's wastewater col-
lection system but are not metered or not connected to a municipally owned water
system:
Annual Fee
$483
Minimum Fixed Wastewater Charge
This charge applies to all consumers connected to a municipal water system
and/or the municipal wastewater collection system and will be assessed whether
or not any water has been used.
Annual Fee
$154
Refusal to be Metered
If it is physically possible for a consumer to have a water meter installed but re-
fuses to allow one to be installed, the consumer will be charged three times (3X)
the flat wastewater rate per year for any meter up to 2.5 inch. For consumers
with a meter larger than 2.5 inch, they will be charged three times (3X) the fixed
water charge per annum based upon their meter size as per the table above.
Winter Rates (December 1-March 31)
For only those consumers that the Municipality has specifically authorized in writ-
ing to run taps during the winter months, the following rate structure will be applied:
X = Average daily Water Use for the months of October and November of the current year
For Smaller Users
Rate Calculation = Fixed monthly charge for water plus (X times the number of
days in the month times 91¢ cubic meter for water) plus the fixed monthly charge
for wastewater plus (X times the number of days in the month times 96¢ per cubic
meter for wastewater).
For Larger Users
Rate Calculation = Fixed monthly charge for water plus (X times the number of
days in the month times 91¢ per cubic meter for water use for the first 292 cubic
meters per month and 76¢ per cubic meter for water use over 292 cubic meters)
plus the fixed monthly charge for wastewater plus (X times the number of days in
the month times 96¢ cubic meter for the first 292 cubic meters per month and
80¢ per cubic meter for water use over 292 cubic meters).
Service Rates for Water Used from Hydrants:
Fire Departments
-
No charge
All Other Consumers (Metered Water Use Only) -
$1.78 per m³ +
By-Law #2011-08 Water Meter By-Law
Page 16 of 18
$11.30/month if connected
for one (1) month or more.
Lines directly connected to the hydrant for any purpose are to be pre-
approved by the Municipality and will be charged at a rate of:
$20.50/hour up to a 1" line
$30.75/hour up to a 1½" line
Service Rates for Construction Water:
All new construction water taking is to take place only after a building permit has
been issued by the Municipality.
The rate charge will be the regular volumetric charge for water and sewer after
the meter is installed, until the meter is sealed. No flat rate will be charged for
this time period.
After the meter is sealed the rate will be the regular rates of the Volumetric and
flat rate charges for water and sewer.
Water Meter Equipment Supply Charges
Supply charges for all water meter equipment supplied by the Municipality to be
installed by the applicant's plumber for new residences (detached, semi-detached,
etc.), apartment buildings, office buildings, schools, new commercial or new indus-
trial buildings will be equal to the price paid by the municipality for the acquisition
of this equipment and as such may vary from time to time based upon the prices
paid by the municipality to the supplier. The municipality reserves the right to dic-
tate the make, model and specifications for any water meter equipment it does
not directly supply. Any water meter equipment installed in a consumer's or
commercial consumer's premises shall become the property of the municipality.
The applicant is to apply to the Municipality's Chief Building Official and pay the
appropriate fees for the required equipment at the time of applying for a building
permit.
Water Meter Removal and Reinstallation Charges:
Where the owner or occupant requests a temporary removal of the water meter
from his/her premises, a charge of $75.00 for removal and $75 for reinstallation
shall be applied to his/her account on the first billing after reinstallation of the me-
ter.
Water Service Shutoff Charges:
Where the owner or occupant requests a temporary shutoff or service restoration
within normal working hours, no charge shall apply. Outside of normal hours,
where the owner or occupant requests a temporary shut off and the municipality
incurs a specific charge for this service, then a charge of $75.00 for shutoff and
$75 for service restoration shall be applied to his/her account on the first billing
after reinstallation. During the shutoff period, the minimum bill shall apply.
Water Meter Size Change Request
This occurs where a consumer wishes a smaller meter. Purchasing of the new
meter, accessories (back flow preventer, wire etc.), and installation cost is to be
paid by the owner. The old meter is to be returned to the Municipality. The cost
of dealing with the request and inspecting the installation and changing the ac-
count is $65.
Meter Freeze Up Repair by Municipality
By-Law #2011-08 Water Meter By-Law
Page 17 of 18
If the freeze up is the responsibility of the owner, then the fee for a broken back
plate repair is $128. If a meter, check valves or pressure reducing valve needs to
be replaced, then add the above meter and labour charges.
Pipe Thawing
If the Municipality thaws pipes, then the following charges would apply:
First Hour
$130
All additional Hours
$100
Broken or Damaged Hydrant or Additional Hydrant
Time and materials
Special Meter Readings
Requested at the time of real estate closings etc. The fee is $25.
Open New Account
The fee for the administrative work is $20.
THE CORPORATION OF THE MUNCIPALITY OF BROCKTON
SCHEDULE B of BY-LAW #2011-08
DUE DATES
Due Dates will be the last working day of the month. Bills will be processed bi-
monthly.
DELINQUENT ACCOUNTS
Late Payment Charge and Production of Overdue Notices:
When an account is not paid on the due date a 1.25%/month late payment charge
will be assessed to the account. An overdue notice will be sent by mail on the
fourteenth (14th) day after default of payment. Seven (7) days after that date, a
final notice will be sent by mail to the consumer, reminding him or her of the out-
standing amount.
Notice of Disconnection:
Seven (7) days after the final notice is mailed and, should the account remain un-
paid, a notice of disconnection will be delivered by an employee of the Municipality
to the service address, advising the consumer that, unless a payment is received
within forty-eight (48) hours, service will be disconnected. A copy of the Notice of
Disconnect shall also be mailed to the owner at the owner's address.
Collection Charge:
When it has been necessary for a notice of disconnection to be delivered by an
employee of the Municipality, a collection charge of $25.00 shall be applied to the
outstanding account in accordance with provisions specified through The Munici-
pality of Brockton. Where two or more consecutive billings have resulted in the
need for an employee of the Municipality to deliver a notice of disconnection, then
the collection charge shall remain at $25.00 for each occurrence.
Disconnection and Reconnection Charge:
Where it has been necessary to discontinue service as a result of non-payment, a
reconnection charge of $20.00 shall be levied against the delinquent account.
During any disconnection period, the minimum fixed water and sewer charge shall
apply.
By-Law #2011-08 Water Meter By-Law
Page 18 of 18
Procedure for Disconnection of Delinquent Account:
Where it becomes necessary to discontinue service, the following procedures shall
apply:
1.
Service shall be discontinued only if personal contact is made by a service-
man with the consumer or the consumer's representative.
2.
If personal contact cannot be made, then discontinuance of service shall be
deferred a minimum of 24 hours.
3.
If contact is made with the consumer or his representative by telephone or
by his acceptance of a registered letter advising him of discontinuance of
supply, then the requirements for contact as set out in (1) shall be deemed
to have been met.
4.
If contact is not made, then the approval of the CAO or his/her designate,
as a representative of the Council of the Municipality must be obtained prior
to any discontinuance of water service.
LIEN ON PROPERTY
If the owner or occupant of any premises omits, neglects or refuses to pay any bill
rendered, whether for water, service pipes, meter, service charge, wastewater
treatment service or any other monies to which the Municipality may be entitled
in respect to such premises, the Municipality may at its discretion, under the au-
thority of Sections 81(1), 81(2), 81(4), 398(1) and 398(2) of Chapter 25 of the
Municipal Act 2001, shut off the water to the premises and such charges shall re-
main a lien on the property and may be collected in the same manner as municipal
taxes. The bill shall be deemed to be served upon the owner if it is delivered or
sent by mail to the premises supplied or the tenant of the premises supplied. The
Corporation will not be liable for any damages to property or injury to persons by
reason of shut-off of the water supply.