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THE CORPORATION OF THE TOWN OF ERIN
By-Law # 24 - 56
Being a By-law to enact rules and regulations and
to establish water service rates and service fees
for the water systems servicing the Town of Erin,
and to repeal By-law 19-59.
Whereas, The Corporation of the Town of Erin (the "Town of Erin") operates water
production, treatment, storage and distribution systems;
And Whereas, pursuant to Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, (the
"Act"), as amended, the Town of Erin has the responsibility for public utilities, including
water distribution, production, treatment and storage within the Town of Erin and the
collection, production and treatment of such water and the financing thereof by a
municipal corporation or local board thereof and all the financing thereof by a municipal
corporation or local board thereof and all provisions of any special act relating to such
collection and treatment of such water apply;
And Whereas, Section 11(9) of the Act provides that a by-law may be passed with
respect to services or things provided by any person to the extent necessary;
And Whereas Part III of the Act (Specific Municipal Powers) under the heading "Public
Utilities" contains specific powers and provisions with respect to such systems;
And Whereas Part XIV of the Act (Enforcement) provides that the Town of Erin may
pass by-laws providing that any person who contravenes a By-law passed under the Act
is guilty of an offence, and contains other enforcement provisions;
And Whereas the Town of Erin is permitted to impose water fees and charges under
Part XII of the Act; and Section 398 of the Act provides that the Treasurer may add
charges so imposed to the tax roll for the property to which the said Public utilities were
supplied and collect them in the same manner as taxes; and further O.Reg 440/02
provides that charges so added to the tax roll for the supply of water have priority lien
status as provided for in Section 1 of the Act.
Now Therefore, the Council of The Corporation of the Town of Erin hereby enacts
as follows:
1.
Application
That the rules and regulations set out in this By-law shall govern and regulate the
financing of any system of the municipal water works owned by the Town of Erin
and shall be considered to form a part of the contract between the Town of Erin
and the owner, or occupant, of a property in which municipal water is supplied by
the Town of Erin.
2.
Definitions
That in this By-law, the following terms are defined as:
"Municipal Water User" means the owner or occupant of a property receiving
municipal water service by way of written agreement/authorization of the Town of
Erin Water Department
"Town of Erin Water Department" is a department of the Corporation of the
Town of Erin as established in accordance with the Municipal Act as a public
utility providing municipal water to the Town of Erin.
"Customer" means the owner, tenant or occupant of premises to which water is
supplied by the Town of Erin.
"Premises" means any house building, lot or part of lot or both, where water
service is supplied.
"Public Utility" means a water system service
"Town of Erin" means The Corporation of the Town of Erin.
"User" means as the context requires, the applicant for water supply, the owner
or occupant of or the person to whom invoices are sent for water supplied to a
premises.
"Water" means potable water that is fit for human consumption.
"Water Meter" means the water meter and backflow preventer valve as approved
by the Town of Erin and purchased by the property owner through the Town of
Erin and installed by a licensed plumber.
"Water Service Connection" means that part of the water service pipe from the
municipal water main to the street line including the shut off valve at the street
line, which supplies water to any premises in the Town of Erin.
3.
Connection Fees
3.1
An Infrastructure Tap In (ITI) fee will be applied to all new water service
installations that will be servicing an existing building. See Schedule "B"
of this By-law.
3.2
Where the water component of the development charges have been
imposed the ITI fee does not apply.
4.
Billing
4.1
The Town of Erin Water Department administers all matters relating to
billing and collection of water accounts in accordance with Schedules "A"
and "B".
4.2
Before the initial supply of water or any subsequent reconnection to the
water service for any premises in the Town of Erin, the owner shall make
application for same and the owner shall be governed by the requirements
of this By-law.
4.3
The water consumed on all premises in the Town of Erin shall be charged
for as indicated by the rates shown in Schedule "A" to the By-law. In this
By-law and Schedule "A" the work "charge" and the word "rate", both in
the singular and the plural, have the same meaning.
4.4
Water meters shall be read or stipulated rates charges and accounts
rendered quarterly, or on any other basis at the discretion of the Town of
Erin Water Department. The Town of Erin may serve bills upon the
customer, by email or mail, either at the address supplied by the
customer, or bills shall be deemed to be served upon the said customer, if
they are emailed or mailed to premises supplied with water.
4.5
All accounts shall be due and payable on or before the due date as printed
on the billing invoice. That upon default of payment interest will be
calculated at 1.25% per month on outstanding balances and added to the
account on the first day of each calendar month in which default
continues.
4.6
Additional charges in accordance with Schedule "B" shall be added to the
Quarterly Water Bill.
4.7
The minimum monthly base charge for providing and maintaining water
supply to any premises is payable per unit, in accordance with Schedule
"A". in instances when the occupant of any premises terminates their
account with the Town of Erin, subsequent minimum monthly base charge
shall be rendered to the owner of the premises until such time as a new
occupant applies to the Town of Erin for the supply of water.
4.8
The Town of Erin is authorized to accept Pre-Authorized Payments (PAP)
for provision of municipal water on behalf of the Town of Erin Water
Department.
4.9
Information concerning the Pre-Authorization Payments will be made
available to all water system users within the Town of Erin through the
billing process.
4.10 The pre-authorization payments will consist of;
a) Ten (10) equal monthly payments will be adjusted annually to the
amounts required by the annual water bill. The monthly payments will
be due on the 16th of each month from January to October or the next
business day if the 16th falls on a weekend or a statutory holiday. The
adjustment will be made on the 16th of November or the next business
day if the 16th falls on a weekend or a statutory holiday; or,
b) Quarterly pre-authorized payments of actual per bill amounts will be
due on the quarterly due date of the actual water bill issued.
4.11 Cost of Non-Sufficient Funds, (NSF) or PAP declining shall be added to
the owner water account in accordance with Schedule "B".
4.12 Where PAP has been declined by two (2) consecutive periods the
customer will be removed from the PAP plan and will then receive printed
invoices payable according to the billing cycle.
4.13 All costs incurred for service from the lot line to the residence will be the
sole responsibility of the property owner, including cost incurred by
tenants.
4.14 If, for any cause, a water meter fails to register, or the water meter is
found to be not working properly, the water usage shall be deemed
"unmetered" and the water user shall be billed at two and a half times the
average annual water consumption for the same period as determined by
the Town of Erin Water Department. An adjustment shall be made to the
account upon the next actual meter read. The unmetered charges will be
indicated on the water bill as "manual estimate". Upon receipt of the
estimated water bill the owner must contact the water department with an
actual read and to arrange an appointment with the Town of Erin Water
Department to have the water meter inspected.
4.15 When a municipal water user disputes the meter reading of water
consumption indicated on the water bill, a meter reading verification test
can be performed by the Town of Erin Water Department for an amount
identified in Schedule "B".
4.16 When the owner requests a temporary removal of the water meter from
their premises, for any reason, the water meter removal and reinstallation
shall be done entirely at the expense of the Property Owner by a licensed
plumber.
4.17 The Town of Erin, in its sole discretion, may recover the cost of providing
water during the construction phase of a building, from connection until
occupancy, in accordance to the flat rate set out in Schedule "A" of this
By-law.
5.
Collection
5.1
When an account is not paid by the due date on the water bill, a late
payment charge shown in Schedule "A" of this By-law will be added to the
account and an overdue notice shall be sent by mail reminding the
customer of the outstanding amount.
5.2
If the account has not been paid within ninety (90) days after the due date,
the municipality may shut off the supply of the public utility by the
municipality to land, provided that the municipality shall provide forty-eight
(48) hours notice to the owners and occupants of the land by personal
service or prepaid mail or by posting the notice on the land in a
conspicuous place, and if the notice is given by prepaid mail the forty-eight
hour period shall commence on the third day after the date of the mailing.
5.3
a)
If a customer omits, neglects or refuses to pay any bill rendered,
whether for water service pipes, water service charges or any other
monies to which the Town of Erin may be entitled in respect of the
water services to such premises under this By-law, the Town of
Erin may, at its discretion, shut off the flow of water to the premises
and in addition to the amount owing and unpaid, a disconnection
charge as shown in Schedule "B" of this By-law, will be levied
against the delinquent account.
b)
The Treasurer may add charges imposed under this By-law for the
supply of a public utility to the tax roll for the property to which the
public utility was supplied and collect them in the same manner as
municipal taxes.
c)
Pursuant to subsection 398 (2) of the Act every property to which
Public Utility Services have been supplied, regardless of the party
of whom they were supplied, may have the charges therefore
added to the tax roll for the property and they may be collected in
the same manner as municipal taxes.
d)
With respect to Landlord and Tenant situations where the tenancy
commences on, before or after the effective date of this By-law, the
Landlord shall provide the Tenant with water services, and those
services will be supplied to the Landlord/Property Owner who shall
be the account holder and be responsible for the payment of the
same as a debt to the municipality.
5.4
Where it has been necessary to discontinue service as a result of non-
payment, a reconnection charge as shown in Schedule "B" of this By-law
will be levied against the delinquent account.
6.
Validity and Severability
6.1
It is hereby declared that notwithstanding any of the sections or provisions
of this By-law or parts thereof, may be declared by a court of competent
jurisdiction to be invalid, unenforceable, illegal or beyond the powers of
the Council to enact, such sections or parts thereof shall be deemed to be
severable and shall not affect the validity of enforceability of any other
provision of this By-law shall be deemed to be separate and independent
therefrom and enacted as such.
7.
Repeal of By-law
7.1
The By-Law 19-59, including Schedule "A", and all sections relating to the
billing, collecting, fees, rates and charges of the water systems of the
Town of Erin are hereby repealed and replaced by this By-law on such
date that this By-law comes into force.
7.2
This By-law comes into force and effect on January 1, 2025.
Passed in open Council on December 12, 2024.
____________________________
Mayor, Michael Dehn
____________________________
Town Clerk, Nina Lecic
Town of Erin
Schedule "A"
By-Law # 24 - 56
Water Billing
WATER CONSUMPTION RATES 2025
Description
January
February
March
Constant Rates (commencing Jan 1,
2025)
Per cubic meter (m3)
$ 4.17
$ 4.17
$ 4.17
MONTHLY BASE CHARGES
Service Unit Description
January
February
March
<2" Service
$ 18.38
$ 18.38
$ 18.38
2" Service
$ 36.74
$ 36.74
$ 36.74
3" or 4" Service
$ 66.21
$ 66.21
$ 66.21
Multi-residential Services*
$ 18.38 per
dwelling unit
$ 18.38 per
dwelling unit
$ 18.38 per
dwelling unit
All Other Residential Services
$ 18.38
$ 18.38
$ 18.38
*The base charge for all multi-resident premises shall be charged as per the number of
units on the premises.
FLAT RATE CHARGE
January
February
March
Flat Rate* (annual charge)
$ 509.00
$ 509.00
$ 509.00
*For those water customers that do not have water meters (where installation of meters
is deemed by the Town of Erin to be impractical).
PENALTY
Late Payment Charge (all water customers)
1.25 % per
month
Town of Erin
Schedule "B"
By-Law # 24 - 56
Services and Fees
Water Operator Services
Fee
Service Charges During Regular Work Hours
(7:00 am - 4:30 pm Mon-Thurs, 7:00 am - 11:00 am Fri)
- Operate/Disconnect/Reconnect water services
- Water valve Inspection
- Water Meter Inspection /Verification
$ 85.00/hour
1 hour minimum
Service Charges Outside Regular Work Hours including
weekends and statutory holidays
(regular work hours are 7:00 am - 4:30 pm Mon-Thurs, 7:00 am -
11:00 am Fri)
- Operate/Disconnect/Reconnect water services
- Water valve Inspection
- Water Meter Inspection /Verification
$ 170.00/hour
1 hour minimum
Administration Charges
Fee
Non-Sufficient Funds (NSF) charge
$ 35.00
Water Arrears Certificate
$ 40.00
Water Arrears transfer to Tax Roll
$ 100.00
Change of Occupancy
- Includes Water Meter Inspection and Initial Meter Reading
$ 84.00
New Water Service Installation Charges
Fee
Infrastructure Tap In (ITI) Fee
(Where the water component of development charges has been
imposed, the ITI fee does not apply)
$ 3,122.00
Installation of ¾" water service to the property line
(the cost is based on the applicable time; equipment uses and
material for the installation including restoration from the water
main to the property line)
$ 6,350.00
+ applicable taxes
May be subject to
additional fees in
special
circumstances
Installation of 1" water service to the property line
(the cost is based on the applicable time; equipment uses and
material for the installation including restoration from the water
main to the property line)
$ 6,500.00
+ applicable taxes
May be subject to
additional fees in
special
circumstances
Installation of Water services over 1" TBA at the discretion
of the Water Superintendent
(the cost shall be based on the applicable time; equipment uses
and material for the installation including restoration from the
water main to the property line)
Time & Material
Water Meters and other charges related to the installation of
new water services
Current Market
Value + 10%
Fines
Fee
Replacement Charges for Damaged Equipment
Time & Material
Meter Tampering Charge
(This fee is applicable when a customer has tampered with the meter in
any way, whether or not it actually affects the meter reading. It is
assessed based on field investigation by a Town of Erin Water Operator)
$ 650.00
Illegal access to municipal water
$ 650.00