Water Works Utility By-Law (By-Law No. 87 of 2008 amending 38 of 2001)
Goderich, Ontario
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THE CORPORATION OF THE TOWN OF GODERICH
BY-LAW NO 87 OF 2008
A by-law to amend By-Law #38 of 2001, being a by-law to regulate the Town of Goderich
Waterworks Utilities to consolidate the waterworks utilities regulations.
WHEREAS the Town of Goderich passed By-Law #38 of2001 on the 23'' day of April, 2001;
AND WHEREAS the Goderich Environmental Committee on behalf of Council prepared a
report entitled Town of Goderich Report on Water and Sewage Service Rate Structure dated
April 25, 2005, which was prepared by B. M. Ross & Associates Ltd.;
AND WHEREAS the Goderich Environmental Committee met on June 29"', 2005, and
recommended that Council adopt the rate study and consider implementing the rate increase over
a minimum period of five years;
AND WHEREAS Council dealt with the recommendation of the Environmental Committee at
their meeting of July l 8'", 2005 and adopted the rate study;
AND WHEREAS Council received correspondence dated July 8'", 2005, from Steve Burns of
B. M. Ross & Associates Ltd. concerning possible incremental rates;
AND WHEREAS Council approved incremental rates over a five year period requiring five
increases of 12.5% per year for water and 11.8% per year for sewage plus the rate of inflation;
AND WHEREAS By-Law #97 of 2005, By-Law #89 of 2006 and By-Law #39 of 2007 have
increased the rate for three of the five increases;
AND WHEREAS the C.P.I. for 2007 was 2.4%;
AND WHEREAS the Council of the Town of Goderich wishes to amend Schedule "A" ofBy
Law#38 of2001..
NOW, THEREFORE, THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF GODERICH ENACTS AS FOLLOWS:
l.
That Schedule "A" of By-Law #38 of 2001, be amended as attached hereto;
2.
That this by-law shall come into being and take effect on all bills issued on and after
September I, 2008.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
ELEVENTH DAY OF AUGUST 2008.
MAYOR
CLERK
SCHEDULE#!
SCHEDULE "A" TO BY-LAW 38 of 2001
Amended by By-Law 87 of2008
1.
Fees for turning the water supply on or off to a private or public water service,
other than a new service or for the purpose of short time repair (less than 7 days)
to the water service/system provided that the turn off or on is during regular
working hours.
- 7:00 a.m. to 3:30 p.m. - Monday to Friday $84.78
Flat rate for each on or off
- Any other time
$254.37 Flat rate for each on or off
2.
That the following rates be established for any person, firm or corporation in the
Town of Goderich who uses the water being supplied by the Corporation of the
Town of Goderich.
a)
For each household unit, the sum of $32.13 net per month,
b)
For each industrial and commercial user, except those who obtain metered
water, in the Town of Goderich, the sum of $32.13 net per month,
c)
For each Home Occupation user, the sum of$16.47 per month in addition
to the household unit charge;
d)
For each user who obtains metered water from the Town of Goderich the
following charges will apply monthly;
1st 250 cu. metres
$1 .09/cu.m./month
Next 500 cu. metres
$0.86/cu.m./month
Next 1000 cu. metres
$0.80/cu.m./month
Balance
$0.70/cu.m./month
Subject to a minimum charge of $32.13 per month
For Multiple Unit Residential - which are metered (2 units to 5 units) the
owner, upon application will be charged $27.96 per month per residential
unit plus a meter charge as set out below, plus $1.09 per cubic meter for
water consumed over 30 cubic meter/month/unit.
e)
For multiple-unit residential - metered (6 units or more) the owner, upon
application will be charged $11.20 per residential unit plus a meter charge
as set out below plus $1.09 per cubic meter ofwater consumed. Multi
unit residential applications, with more than one building, will be required
to pay one flat rate charge monthly for utility room purposes, per
connection to the watermain. This is to be in addition to the residential
charges.
f)
All customers receiving metered water will pay monthly meter service
charges as follows:
WATER METER SERVICE CHARGE
per month
12.7 mm, 15.8 mm, 19 mm
$2.94
25.4 mm
$5.92
38.1 mm
$14.76
50.8mm
$17.67
76.2mm
$47.09
101.6 mm
$73.57
152.4 mm
$103.00
203.2 mm
$147.14
g)
All customers with fire suppression sprinkler services will pay sprinkler
service charges monthly as follows:
SPRINKLER SERVICE CHARGE
per month
50.8mm
$12.31
76.2 mm
$23.52
101.6 mm
$70.64
127mm
$94.16
152.4 mm
$117.66
203.2 mm
$176.53
254mm
$240.10
h)
The Town of Goderich will pay for fire protection charge of$449.37 per
hydrant annually.
i)
The Town of Goderich will pay an annual charge per fountain or garden
tap of $32. 13.
j)
Existing non residential applications combined with residential
applications that find that the separation of these users, in the opinion of
the Administrator, is not practical the following shall apply. All the water
provided will be metered and billed as per this schedule however, the non-
residential component will be billed for all the water provided through the
meter less 30 cubic meters multiplied by the number ofresidential units
contained in the multi-use application. This billing shall not be less than
the combined flat rate charges would be for the total number of non
residential & residential units located at the application.
3.
Water service inspection charge
Any owner wishing to have a connection made to the water main shall pay the
following inspection/connection charge
a)
For 19 mm water lines
$423.94 ea
b)
For all other size services
$169.58 ea
(plus the actual cost ofthe connection & materials)
4.
Interest on overdue accounts will be charged at a rate of 1.5% compounded
monthly, to an equivalent of 19.56% per annum.
5.
Interest on overdue accounts will be charged at a rate of 1.5% compounded
monthly, to an equivalent of 19.56% per annum.
6.
Goderich Hydro shall be paid for attending to the billing and collection of the
water rates levied at a rate, as set from time to time.
7.
All proceeds from the collection of the water rates by Goderich Hydro shall be
paid to the Treasurer of the Corporation of the Town of Goderich within thirty
(30) days of the billing date, after having deducted therefrom, collection charges
as authorized in the preceding paragraphs.
8.
Annually all surplus funds collected by this by-law, in excess of the amounts
(including allocated administration) needed for operating and capital purposes of
the Water Treatment Plant and the water system, shall be placed in the Water
Expansion reserve fund to be used by the Town of Goderich to repair, maintain or
expand the Water Treatment Plant or water system in the Town of Goderich.
9.
That By-Law shall come into being and take effect on all bills issued on or after the
1" day of September 2008.
10.
That By-Law No. 39 of2007 be hereby repealed on the 1" day of September 2008.
3
THE CORPORATION OF THE
TOWN OF GODERICH
BY-LAWNUMBER38OF2001
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GODERICH WATER WORKS UTILITY, TO
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CONSOLIDATE THE 'WATER WORKS UTILITY REGULATIONS
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AND TO REPEAL PREVIOUS \VATER WORKS UTILITY REGULATING BY-LAWS
WHEREAS the Council ofthe Corporation of the Town ofGoderich passed By-Law
110 of 2000, being a by-law to provide for the fixing ofrate to those persons, fines and
corporations using water supplied by the Town of Goderich;
AND WHEREAS the Public Utilities Commission ofthe Town of Goderich passed By
Law #39 of 2000, being a by-law to authorize the transfer of all water assets to the Corporation
of the town of Goderich;
AND WHEREAS the Corporation of the Town of Goderich passed By-Law #97 of
2000, being a by-law to dissolve the Public Utilities Commission ofthe Town of Goderich;
AND WHEREAS the Corporation of the Town of Goderich passed By-Law #88 of
2000, being a by-law to authorize a water and waste water services agreement between U,S,F.
Canada Inc. (U.S.F.C.) and the Corporation of the Town of Goderich;
AND WHEREAS the Public Utilities Act, R.S.O. 1990, Chapter P.52, Section 7, states
that the service pipes from the line of a highway to the interior face of the outer wall of the
building supplied, together with all branches, couplings, stopcocks and apparatus placed therein
by the corporation are under its control, and if any damage is done to that portion ofthe service
pipe or its fittings, the owner shall forthwith repair the same to the satisfaction of the corporation,
and, in default of so doing, whether notified or not, the corporation may enter upon the land
where the service pipe is and repair the same, and charge the cost thereof to the owner or
occupant of the premises, and the cost may be collected in the same manner as water rates;
AND WHEREAS the Public Utilities Act, R.S.O. 1990, Chapter P. 52, Section 8, states
that a corporation may regulate the distribution and use ofthe water in all places where and for
all purposes for which it may be required, and fix the prices for the use thereof, and the times of
payment, and may erect such number of public hydrants and in such places as it may see fit, and
may direct in what manner and for what purposes the same shall be used, and may fix the rate or
rent to be paid for the use of the water by hydrants, fireplugs and public buildings.
AND WHEREAS the Public Utilities Act, R.S.O. 1990, Chapter P.52, Section 12,
empowers the corporation of a local municipality to pass by-laws for regulating the time,
manner, extent and nature ofthe supply by the works, the building or persons to which and to
whom the water shall be furnished, the price to be paid therefore, and every other matter or thing
related to or connected therewith that it may be necessary or proper to regulate, in order to secure
to the in habitants of the municipality a continued and abundant supply of pure and wholesome
water, and to prevent the practicing of frauds upon the corporation with regard to the water so
supplied, and for providing that for a contravention of any such by-law the offender is guilty of
an offense;
AND WHEREAS the Public Utilities Act, R.S.O. 1990, Chapter P.52, Section 13,
provides for the prohibitions and penalties for any person who commits any act with respect to
the water utility not in conformity with the Act;
AND WHEREAS the Public Utilities Act, R.S.O. 1990, Chapter P.52, Section 28,
empowers the corporation of a local municipality to pass by-laws for the maintenance and
management ofthe works and the conduct of the officers and others employed in connection
with them, and may also by by-law or resolution fix the rates or charges for supplying the public
utility and the charges to meet the cost ofany work or service done or furnished for the purpose
of a supply of a public utility, and the rent of or charges for fittings, apparatus, meters or other
things leased or furnished to consumers and provide for the collection of such rates, charges and
rents, and the times and places when and where they shall be payable, and for allowing
prepayment or punctual payment such discounts as may be considered expedient;
AND WHEREAS the Public Utilities Act, R.S.O. 1990, Chapter P.52, Section 31
provides that the amount payable to a municipal corporation or to a public utility or hydro
electric commission of a municipality by the owner or occupant of any lands for the public utility
supplied to the owner or occupant for use thereon is a lien and charge upon the estate or interest
in such land of the person by whom the amount is due, and may be collected by distress upon the
goods and chattels ofthe person and by the sale of the person's estate and interest in the lands
and in the case ofan amount payable by the owner of lands, the amount is a lien and charge upon
the lands in the same manner and to the same extent as municipal taxes upon land;
AND WHEREAS the Public Utilities Act, R.S.O. 1990, Chapter P.52, Section 50
provides that any person authorized by the corporation for that purpose has free access, at all
reasonable times, and upon reasonable notice given and request made, to all parts of every
building or other premises to which any public utility is supplied for the purpose of inspecting or
repairing, or of altering or disconnecting any service pipe, wire or rod, within or without the
building, or for placing meters upon any service pipe or connection within or without the
building as he or she considers expedient and for the purpose of protecting or regulating the use
of the meter, may set it or alter the position of it, or of any pipe, wire rod, connection or tap, and
may alter or disconnect any service pipe, for fixing the price to be paid for the use of the meter,
and the times when and the manner in which the price shall be payable and for cutting off the
supply ofthe utility and for the removal of any fittings, machines, apparatus, meters, pipes or
other things being the property ofthe corporation;
AND WHEREAS it is necessary to make substantive changes to the by-laws regulating
the water works utility of the Corporation of the Town of Goderich to ensure the inhabitants of
the Town of Goderich continue to receive an abundant supply of pure and wholesome water, and
to ensure an efficient and effective water works utility operation;
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AND WHEREAS it is deemed necessary to consolidate all regulatory by-laws affecting
the water works utility;
NOW THEREFORE the Council of the Corporation of the Town of Goderich hereby enacts as
follows:
PARTI
DEFINITIONS:
1. For the purpose of this by-law the following words shall have the meaning given herein:
"Change of use" shall mean a new use for an existing building, structure or premises or part
thereof.
"Clerk" shall mean the Administrator/Clerk ofthe Corporation of the Town of Goderich.
"Commercial" shall mean the use ofland, building or structure for the purpose of buying and
selling commodities and supplying of services as distinguished from uses such as manufacturing
or assembling of goods, warehousing, transport terminals, construction and other similar uses.
"Commissioner" shall mean the Commissioner of Public Works for the Corporation of the
Town of Goderich or his designate. The Commissioner may designate a Water Works Employee
or the Road Superintendent as his designate for the purpose of ca1Tying out the duties of the
Commissioner as provided for and contained herein. The designation shall be made in writing.
"Consumer" shall mean the owner, occupant, or any other person, that occupies property that is
used for commercial, industrial or residential dwelling purposes that is consuming water.
"Corporation Stop" shall mean a water service shut off valve located at a street water main.
"Council" shall mean the Council of the Corporation of the Town of Goderich.
"Curb Stop" shall mean a water service shut off valve located in a water service pipe near the
curb and between that water main and the building.
"Industrial use" shall mean:
a)
The use ofland, building, or structure for the manufacturing, processing, fabricating of,
assembly of raw materials or goods, warehousing or bulk storage of goods and related
accessory uses.
b)
The use of land, or building, or structure for one or more of the following operations:
i)
the carrying on of any process of manufacture whether or not a finished article
results therefrom;
ii)
the dismantling and separating into parts of any article, machinery, or vehicle;
iii)
the breaking up of any articles, goods, machinery, or vehicles;
3
iv)
the treatment of waste materials;
v)
the processing of sand, gravel, clay, turf, soil, rock, stone, or similar substances,
but not the extraction thereof; and
vi)
the repairing and servicing of all vehicles, machinery and buildings and may
include:
the storage of goods in connection with or resulting from any of the above
operations;
the provision of amenities for persons engaged in such operations;
the sale of goods resulting from such operations; and,
any work of administration or accounting in connection with the
undertaking.
"Institutional use" shall mean:
a)
The use ofland, buildings or structures for a public or non-profit purpose and
without limiting the generality ofthe foregoing, may include such uses as schools,
places ofworship, indoor recreation facilities, community centres, public
hospitals and government buildings.
b)
The use ofland, buildings or structures for religious, charitable, educational,
health or welfare purposes, and includes churches, places ofworship, public or
private schools and nursery schools.
c)
Designed, adapted or used for medical, surgical, charitable or other treatment or
care of persons, or for detaining persons for correctional, disciplinary or other
purpose, and shall include a children's home, a home for the aged or the infirm, a
monastery, nunnery, or religious retreat, a jail, reformatory or training school, and
all other such uses.
"Multiple Family Dwelling" shall mean one or more habitable rooms designed or intended for
use by more than one individual or family as an independent and separate housekeeping
establishment containing separate kitchen and sanitary facilities for each individual or family.
"Municipal Facility" shall mean any building or structure, any and all lands that have been or
hereafter may be set apart, designated, dedicated or established by Council as public parkland or
municipal facility for enjoyment by the public, or any operation, that is owned or made available
by lease agreement or otherwise to the Town.
"Municipality" shall mean the Corporation of theTown of Goderich and includes, where the
context permits, its duly authorized officers, contractors, employees and agents.
"Occupant" shall mean a person occupying a place or dwelling;
"Owner" shall mean the person who owns the property, a developer, firm, corporation,
contractor, or responsible individual in charge of the property at any given time.
4
"Person" shall mean a corporation and the heirs, executors, administrators or other legal
representatives of a person to whom the context can apply according to the law.
"Single Family Dwelling" shall mean one or more habitable rooms designed or intended for use
by an individual or family as an independent and separate housekeeping establishment in which
one kitchen and sanitary facilities are provided for the exclusive use of such individual or family.
"Stopcock" shall mean the first water service shut off valve located in a water service line
within a building, when closed, shuts the water off to the connected distribution pipes within the
building.
"Treasurer" shall mean the Treasurer of the Corporation of the Town of Goderich.
"Use" shall mean the purpose for which the building, structure or premises or part thereof is
used, occupied or intended to be used or designed to be used or occupied.
"Water" shall mean water drawn, treated and provided by the Corporation ofthe Town of
Goderich.
"Water Meter Package" shall mean and include two ball valves, water meter, dual check valve
and pressure relief valve, touch pad, meter wire and adapter.
"Water Works Employee" shall mean an employee ofthe Corporation of the Town of
Goderich or an employee ofU.S.F. Canada Inc., whose duties include the operation and
maintenance of the Water Works Utility.
"Water Works Utility" shall mean any works for the collection, production, treatment,
storage, supply or distribution of water, or any part of any such works.
PART II
GENERAL PROVISIONS:
2.
The municipality shall manage, maintain and operate the water works utility heretoforth
and hereafter established and constructed in the municipality in accordance with the
provisions of The Public Utilities Act, The Municipal Act, The Ontario Water Resources
Act, and this By-law.
3.
The municipality agrees to use diligence in providing a regular uninterrupted supply of
water for domestic use only, but does not guarantee service or the maintenance of
unvaried pressure and will not be liable in damages to the owner of property serviced by
water or any other person by reason of any failure in respect thereto.
4.
The municipality shall not be liable to the owner of property serviced by water or any
other person for damages by reason of failure to supply water for any reason whatsoever.
5
The municipality will, however, exercise reasonable diligence and make such repairs as
may be necessary, and do such acts as within it's powers, to restore the services, and shall
at all times for such purpose, have the right to enter upon the lands of the owners;
provided that if the municipality by reason ofits entry onto private property, occasions
any damage to the said property, then such damage shall be repaired in a proper manner
forthwith, at the municipality's expense.
5.
Notwithstanding anything herein stated, there shall be no obligation on the part of the
municipality to service any lands within the municipality that are not presently serviced
for the supply of water. The municipality reserves the right to determine what areas and
when such areas will be serviced with the supply ofmunicipal water.
6.
The Commissioner may enter the premises ofany water taker during reasonable hours,
upon reasonable notice and request to examine the pipes, meters, fittings and fixtures to
ascertain the quantity ofwater used and the manner of its use.
7.
The rules and regulations set out in this by-law shall govern and regulate the operation of
any water works utility owned by the municipality and shall be considered to form a part
of the agreement between th,: municipality for provision of water service to each building
and every such person by applying for and receiving water service from the municipality
shall be deemed to have expressed his/her consent to be bound by the said rules and
regulations.
PART III
MAINTENANCE AND MANAGEMENT PROVISIONS
8.
Every person who wishes to repair, install, move, shut off or tum on a water service or
make a connection to any of the municipality's water service equipment shall make
application in writing to the Commissioner on an application form provided for such
purpose, and upon approval of the said application, such person shall pay to the Town a
fee and or charge as described in Schedule "A".
9.
The municipality shall not supply water or complete a water connection unless the
building water service pipe and all necessary equipment, including the water meter
package, from the corporation stop to the first tee inside the building has been installed
by the owner at his/her expense according to the regulations herein this by-law. The
municipality may supply water or complete a water connection, if the building water
service pipe and all necessary equipment, including the water meter package, has not
been installed, for the purpose of supplying water for the use in constructing the said
building.
10.
The water service pipe, from the municipality's main water line to the curb stop
(including the curb stop), shall be maintained by and at the expense of the municipality.
6
11.
The water service pipe from the curb stop ( excluding the curb stop), into the building
shall be maintained by and at the expense of the property owner.
12.
Every new building that will receive metered water shall be equipped with a water meter
package. The water meter package shall be supplied by the Town. All water supplied to
metered residential (water services over 19 mm), commercial, industrial, institutional
buildings or multiple family dwellings shall be measured by such water meter package
and be charged the metered rate. All water supplied to a new building that will not
receive metered water shall install a water meter spacer and a dual check valve. The duel
check valve shall be supplied by the Town and the customer shall be charged the flat
rate.
13.
It shall be the duty of any and every person to report to the municipality, any person who
damages, tampers or interferes with any water works utility when it comes to his/her
attention.
14.
No person shall repair, remove, inspect, tamper with or connect to any of the
municipality's water works utility without applying for, paying the required fee and
receiving the work permit from the Commissioner.
15.
No person shall neglect to maintain or keep his service pipe, stopcock, and other
appurtenances, from the curb stop to the stopcock in good working order and repair, free
from leaks and protected from frost at his sole risk and expense.
I6.
No person shall connect any vehicle or use water from a fire hydrant without first
applying in writing to, and receiving written approval of, the Commissioner. Water shall
be billed at the metered monthly rate. This restriction shall not to a municipal fire fighter
where water is required for fire protection purposes.
17.
No person shall operate a curb stop unless that person has received permission of the
Commissioner to do so. This restriction does not apply to a water works employee. It is
the duty of a water works employee to operate a curb stop. A fee shall be paid, by every
person requesting a water service shut off and tum on, as described in Schedule "A".
18.
No person shall remove, alter or tamper with any water meter and/or remote display other
than a water works employee.
19.
No person shall damage any water meter.
20.
No person shall in any way interfere with any hydrant, valve, curb stop, service pipe,
water meter or other water works appurtenances, whether inside or outside of any
building without written approval of the Commissioner. This restriction shall not apply to
a municipal fire fighter where water is required for fire protection purposes.
21.
No person shall obstruct free, access to any hydrant by placing on or within a one (I)
meter radius of it, any structure, building, fence, plant, material, earth, snow, rubbish or
7
other obstructive matter, nor shall any person conceal or partially conceal a hydrant with
any structure, building, fence, plant, material, earth, snow, rubbish or other obstructive
matter.
22.
No person shall obstruct free access to any curb box by placing on it any fence, plant,
material, earth, concrete, pavement or other obstructive matter.
23.
No person shall excavate, pave or concrete a driveway on private or public property
without first obtaining a wate,r service locate.
24.
Any person who tampers with, alters, obstructs, removes, neglects, interferes with, or
damages any water works utility equipment shall, in addition to any other penalty
allowed by law, be held liable for the cost of repair to the equipment of the water works
utility.
PART IV
CONNECTION TO WATER MAIN
25.
No person shall make a service connection to a municipal water main. The connection of
a new water service, or replacing, or upgrading of an existing water connection to the
municipality's water main shall be made by a water works employee or agent of the
water works utility, in accordance with the following:
1) Each property shall have a separate building water service pipe provided with a separate
stopcock or valve for turning on and shutting off the water.
2) The owner shall supply and install the water service from the corporation stop into the
building at the cost of the owner as outlined elsewhere in this by-law and in Schedule "C"
to the by-law. The corporation stop shall be supplied and installed by the Town. The
cost to supply and install the corporation stop and to supply the curbstop and valve box
shall be included in the cost of the water service inspection fee included in Schedule "A".
3) The size of a service pipe required for a single family dwelling shall be a minimum of
19mm inside diameter. Any new installation of a service pipe with a diameter larger then
19mm inside diameter for a single family dwelling will also require the installation of a
water meter and billing shall be at the metered rate as outlined in Schedule "A".
4) The size of a service pipe required for multiple family, commercial, institutional or
industrial uses shall be detennined by the owner's engineer and approved by the
Commissioner, provided however, that in no case shall such service pipe be less than a
minimum of 19 mm inside diameter.
JJ. Where any variation from standard practice is permitted by the Commissioner, any
additional expense incurred by reason of such variation shall be borne and paid by the
person applying for the water service.
8
26.
The owner of the property shall repair a broken or damaged water service within seven
(7) days of becoming aware of a break or damage to the water service or within another
time frame as approved by the Commissioner. Failure to do so shall result in the water
being shut off to the property by the municipality until such repairs are carried out.
PARTV
CONNECTION TO AWATER SERVICE
27.
No person shall make a connection to a municipal water service, except as follows:
1) An application for a water service connection shall be made to the Commissioner, as
provided for in Section 8, and Section 14, ofthis by-law, prior to any work being
commenced, including excavation.
2) The size of a service pipe required for a single family dwelling shall be a minimum of
19mm inside diameter.
3) The size of a service pipe required for a multiple family, commercial, institutional or
industrial use shall be determined by the person's engineer and approved by the
Commissioner provided however, but in no case shall such service pipe be less than 19
mm minimum inside diameter.
4) Every service pipe shall be of a type and installed in accordance with the Ontario Building
Code and in accordance with the standards attached as Schedule "C"
5) All excavations required for the installation ofa building water service pipe shall be
carried out by open trench unless otherwise approved by the Commissioner. All pipes
shall be installed according to municipal specifications and no back fill shall be placed
until the work has been inspected and is deemed in compliance with this by-law.
6) The water service pipe shall be separated from all other services, such as buried cables
and sewer laterals, in accordance with the Ontario Building Code.
7) The water service pipe shall be laid upon a 150mm sand bedding. The water service pipe
shall be covered with another 150mm of sand prior to back filling.
8) The person applying for a water service connection shall give at least forty-eight ( 48)
hours notice to the Commissioner when the building water service pipe will be ready for
inspection and connection to the corporation stop. The connection shall be made under
the supervision of the Commissioner.
9) No person shall back fill a water service connection until it has been inspected and
approved for back filling. Every water service connection shall be inspected by the
Commissioner prior to back filling.
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I 0) All excavations for a building water service pipe connection shall comply with the
Ontario Occupational Health and Safety Act and Regulations for Construction Projects,
R.S.O. 1990, 0.1. Part III of the Regulations for Construction Projects shall be strictly
adhered to. It shall be the owner's responsibility to obtain a copy of the said regulations
and ensure compliance by his/her contractor. If compliance is not obtained, inspection
of the water service pipe cannot be completed until compliance is obtained and it is safe
for the Commissioner to can-y out his inspection duties.
PART VI
WATER USE
28.
No person shall sell or dispose of water in any manner to other persons, fitms or
corporations without the consent of Council.
29.
No person shall draw off or use any water from any fire hydrant without the written
consent of the Commissioner. This restriction shall apply to fire hydrants on assumed
roads, unassumed roads, and private property. This restriction shall not apply to a
municipal fire fighter where water is required for fire protection purposes.
30.
No person shall use water supplied by the water works utility for the purpose ofwashing,
watering or irrigating any lawn, garden, landscaped area, asphalt area, covered area or
any other area of such property except as described in Schedule "B".
31.
Notwithstanding the provisions of Section 30, Council hereby authorizes the
Commissioner to impose a watering restriction covering watering of lawns, gardens,
filling of swimming pools or any other like use when water in the water works utility is in
short supply. The said watering restriction shall take effect immediately upon notice of
said watering restriction being announced by the municipality.
32.
1)
Upon receiving a request the Commissioner may permit water from its water
works utility to be used for the purpose ofwatering newly placed nursery sod and
seed.
2)
A permit for the purpose ofwatering newly placed sod and seed with water from
the water works utility shall be valid for fourteen consecutive days starting on the
commencement date stated on the permit. The watering pe1mit shall only be
available for newly placed sod or seed which was placed in the same calendar
year as the request for the watering permit.
3)
A permit for the purpose of watering newly placed sod and seed with water from
the water works utility may be extended for an additional seven consecutive days
by the Commissioner upon receiving a request. The extension shall only be
available for newly placed sod or seed which was placed in the same calendar
10
year as the request for the watering permit. The Commissioner may give
additional extensions to a limit oftwo in total.
4)
The Commissioner shall not give a watering permit or an extension of a watering
permit when water in the water works utility is in short supply nor when the
person applying for a watering permit or an extension has received a fine for an
offence committed under the provisions of this by-law.
S)
The permit for the purpose of watering newly placed sod and seed shall be
displayed in a conspicuous place, failing which the permit will become invalid
and be revoked by the: Commissioner. Should a person have their permit revoked
due to their failure to post same, they may apply for another permit, which permit
will run for the remainder of the time provided for in the previous permit
PART VII
WATER METERS
33.
No person shall install a water meter package except in accordance with the
requirements of this by-law.
34.
Regardless of the situation prior to the passing of this by-law, every new building
constructed after the date ofpassing this by-law, shall be equipped with a water meter
package, except those buildings which are eligible to obtain a flat rate charge as outlined
in the water rate by-law in Schedule "B" and that all other new building shall make
provision for the future installation of a meter as shown in Schedule "C":
35.
For every change ofuse of a property within any class of water user, a water meter
package shall be installed in accordance with this by-law and the water supplied shall be
charged in accordance with Section 34 above.
36.
The water meter and remote display only, shall be maintained by and at the expense of
the municipality.
37.
No person shall remove, alter or tamper with any component of the water meter package
other than a water works employee with the exception of the meter valve which may be
operated by the homeowner to undertake any plumbing modifications necessary in the
household.
38.
No person shall willfully damage or neglect a water meter or remote display. Where a
water meter has been damaged by frost or a water meter or remote display has been
damaged by the actions of the owner or representative of the owner, the owner shall be
liable and pay to the municipality the cost of all repairs and replacements, including parts
and labour, and all other costs arising from such damage. Meters and remote display
shall be repaired by a water works employee.
II
39.
Upon a written request by an owner, the municipality may test any water meter and
remote display at the expense of the owner. Ifthe meter and/or remote display is found
to be inaccurate, the municipality shall adjust the water bills accordingly.
40.
The municipality reserves the right to test the water meter and remote display at any
reasonable time.
41.
Where the municipality has established that a water meter has failed to register
accurately, the municipality shall estimate the quantity of water consumed. The recorded
consumption prior to such failure will be the basis of estimating quantities consumed
during the failure.
42.
Where a water meter or remote display has failed for any reason, other than that referred
to in Section 38 above, a water works employee, at the discretion of the Commissioner,
may temporarily replace the water meter or remote display and repair the original water
meter or remote display at the municipalities cost. Once repaired the original water meter
or remote display shall be reinstalled. Should the original water meter or remote display
be beyond repair, a water works employee shall replace same with a new water meter or
remote display at the municipality's cost. The municipality will not be responsible for
the cost ofrepair or replacement of a water meter or remote display where it has been
improperly installed, removed, altered, tampered with, damaged or neglected by any
person in which case the owner shall be responsible for the cost ofrepair or replacement
ofthe water meter or remote display.
43.
No person shall install a water meter package except as described in Schedule "C" and as
outlined below:
1)
The water meter package shall be installed on the water service line directly after
it enters the building and prior to the first tee ofthe interior water service line.
2)
A ball valve shall be installed first on the water supply line to any building. It
shall be installed on the inside ofthe building within 150mm to 1200mm ofthe
floor.
3)
The water meter shall be installed second in a horizontal position.
4)
A dual check valve shall be installed third on the opposite side ofthe meter than
the ball valve, prior to the first tee offthe main line.
5)
A ball valve with drain shall be installed on the immediate downstream side of the
dual check valve.
6)
A pressure relief valve shall be installed fifth on the downstream side of the
second ball valve.
12
7)
The touch pad shall be installed on the exterior wall adjacent to the hydroelectric
meter and shall be connected to the water meter by the meter wire provided in the
meter package so that the meter can be read from the touch pad. The touch pad
shall be installed at a height of 1.5 metres above finished grade, and at no time
shall it be installed lower than 1.2 metres or higher than 1.8 metres above finished
grade except upon th<: approval ofthe Commissioner
8)
In the event the hydroelectric meter is located inside a building, the touch pad is
to be installed in an area approved by the Commissioner
PART VIII
WATER RATES AND FEES
44.
The Town of Goderich Fire Department shall pay a Fire Protection Charge as described
in Schedule "A."
45.
The prices, rates or charges for the use of water supplied to consumers from the said
water works utility and any other costs or charges, for management, maintenance,
installation or otherwise, in connection with or for supplying same, (hereinafter called the
"rates"), shall be determined from time to time by the municipality and may be varied
from time to time, subject to the approval of Council to be expressed by by-law.
46.
No person shall use water without paying the water rates chargeable for the supply of
water under this by-law, as described in Schedule "A".
47.
I)
(a)
Where any account for any service, matter or thing incurred and payable
under the provisions of this by-law in respect of any building or premises, is
overdue and unpaid for more than thirty days after the date on which such
account is due and payable, the Treasurer may cause a notice in writing to be
sent by prepaid mail addressed to the consumer to whom it was furnished
and to the owner of such building or premises, at their last known address
according to the last revised assessment rolls of the municipality, notifying
them that unless such account is paid within ten days after the date ofthe
notice, the supply ofwater to such building or premises will be shut off and
withheld, and if such account is not paid within the aforementioned period,
the Treasurer shall advise the Commissioner of such failure, who shall cause
the supply of water to be shut off and withheld in accordance with the terms
ofthe said notice.
(b) Where any account for water rates or water service charges, under the
provisions ofthis by-law in respect of any commercial, industrial,
institutional or residential building or dwelling is overdue and unpaid for
more than thirty days after the date on which such account is due and payable,
13
the Treasurer shall cause a notice in writing to be sent by prepaid mail
addressed to the consumer and to the owner of such building or dwelling, at
his/her last known address according to the last revised assessment rolls of the
municipality, notifying them that unless such account is paid within ten days
after the date of the notice, the supply of water to such building or premises
will be shut off and withheld, and if such account is not paid within the
aforementioned period, the Treasurer shall advise the Commissioner of such
failure, who shall cause the supply of water to be shut off and withheld in
accordance with the terms of the said notice.
c) The amount payable to the municipality by a consumer in any commercial,
industrial, institutional or residential building or dwelling for water rates or
water charges is the responsibility of the consumer. The amount payable for
water rates or water service charges is a lien and charge upon the estate to
interest in such land of the person by whom the amount is due, and may be
collected by distress upon the goods and chattels ofthe person and by the sale
ofthe person's estate and interest in the lands and in the case of an amount
payable by the owner of lands, the amount is a lien and charge upon the lands
in the same manner and to the same extent as municipal taxes upon land.
2)
a)
The clerk of the municipality shall, upon notice to him or her of the
amount due and ofthe person by whom it is due and ofthe lands upon which
a lien is claimed, enter the amount upon the collector's roll and the collector
shall proceed to collect the amount from the goods and chattels and the estate
or interest in the lands of the person liable in the same way, as nearly as may
be, as municipal taxes are collected.
b) The municipality, before taking proceedings under Section 47, Subsection 2),
Paragraph a), may itself distrain upon the goods and chattels ofthe person
liable to pay for the amount due for any public utility supplied to the person.
3)
a)
In default ofpayment, the Corporation may shut off the supply, but the
rents or rates in default are, nevertheless recoverable.
b) Where the supply of water cannot be shut off without shutting off the supply
to other consumers who are not in default, the supply of water shall not be
shut off, but the rents, rates and charges shall be, nevertheless recoverable.
PARTIX
PENALTY PROVISION
48.
Any person who contravene:; any of the provisions of this by-law is guilty ofan offence
and upon conviction is liable to a fine or penalty as provided for in the Provincial
Offenses Act.
14
PARTX
ENFORCEMENT
49.
A Police Officer, Municipal Law Enforcement Officer and the Commissioner as
designated by the Council of the Town of Goderich are hereby vested with the authority
to enforce this by-law.
PART XI
SCHEDULES
50.
Schedules "A", "B" and "C" attached shall fmm part of this by-law.
PART XII
VALIDITY AND SEVERABILITY
51.
Every Provision ofthis by-law is declared to be severable from the remainder of the by
law, and if any provisions of this by-law shall be declared invalid by a corui of competent
jurisdiction, such declaration shall not affect the validity of the remainder thereof.
52.
By-Law 110 of 2000 is hereby repealed in its entirety.
PART XII
EFFECTIVE DATE
53.
This by-law shall take effect upon its passin!!.
BY-LAW READ a first, second allld third time and finally passed this twenty-third day of
April, 2001.
MAYO
15
SCHEDULE "A" TO BY-LAW 38 of2001
I.
Fees for turning the water supply on or off to a private or public water service, other than
a new service or for the purpose of short time repair (less than 7 days) to the water
service/system provide that the tum off or on is during regular working hours.
- 7:00 a.m. to 3:30 p.m. - Monday to Friday $50.00
Flat rate for each on or off.
- Any other time
$150.00
Flat rate for each on or off.
2.
That the following rates be established for any person, firm or corporation in the Town of
Goderich who uses the water being supplied by the Corporation of the Town of Goderich.
a)
For each household unit, the sum of$15.95 net per month,
b)
For each industrial and commercial user, except those who obtain metered water,
in the Town of Goderich, the sum of $15.95 net per month,
c)
For each user who obtains metered water from the Town of Goderich the
following charges will apply monthly;
Ist 250 cu. metres
$0.54/cu.m./month
Next 500 cu. metre:i
$0.43/cu.m./month
Next 1000 cu. metres
$0.39/cu.m./month
Balance
$0.35/cu.m./month
Subject to a minimum charge of$15.95 per month
For Multiple Unit Residential - which are metered (2 units to 5 units) the owner,
upon application will be charged $15.95 per month per residential unit plus a
meter charge as set out below, plus $.054 per cubic meter for water consumed
over 30 cubic meter/month/unit.
d)
For multiple-unit residential -metered (6 units or more) the owner, upon
application will be charged $5.55 per residential unit plus a meter charge as set
out below plus $0.54 per cubic meter of water consumed. Multi-unit residential
applications, with more than one building, will be required to pay one flat rate
charge monthly for utility room purposes, per connection to the watermain. This
is to be in addition to the residential charges.
e)
All customers receiving metered water will pay monthly meter service charges as
follows:
WATER METER SERVICE CHARGE
per month
12.7 mm, 15.8 mm, 19 mm
$1.46
$2.93
25.4 mm
16
$7.32
38.1 mm
$8.77
76.2mm
50.8 mm
$23.37
101.6mm
$36.52
152.4mm
$51.12
$73.02
203.2 mm
t)
All customers with sprinkler services will pay sprinkler service charges monthly
as follows:
SPRINKLER SERVICE CHARGE
per month
$6.11
50.8 mm
$11.68
76.2mm
$35.05
101.6 mm
$46.74
127mm
$58.41
152.4 mm
$87.63
203.2 mm
g)
The Town of Goderich will pay for fire protection charge of $223 .02 per hydrant
annually.
h)
The Town of Goderich will pay an annual charge per foundation or garden tap of
$15.95.
i)
Existing non residential applications combined with residential applications that
find that the separation ofthese users, in the opinion of the commissioner, is not
practical the following shall apply. All the water provided will be metered and
billed as per this schedule however, the non-residential component will be billed
for all the water provided through the meter less 30 cubic meters multiplied by the
number of residential units contained in the multi-use application. This billing
shall not be less than the combined flat rate charges would be for the total number
of non-residential & residential units located at the application.
3.
Water service inspection charge
Any owner wishing to have a connection made to the water main shall pay the following
inspection/connection charge
$250.00 ea
a)
For 19 mm water lines
$100.00 ea
(plus the actual cost of the connection & materials))
b)
For all other size services
4. A one time penalty of 5% will be added to all bills not paid on or before the due date.
17
SCHEDUJL,E "B" TO BY-LAW 38 of2001
1
a)
No person being the owner or tenant or occupant of property shall permit water
from the municipal water system to be used for the purposes ofwashing, watering
or irrigating any lawn, garden, landscaped are, asphalt area, concrete area, or any
other area of such property;
j)
No person having the apparent care and control of property shall permit water
from the municipal water system to be used for the purposes ofwashing, watering
or irrigating any lawn, garden, landscaped area, asphalt area, concrete area or any
other area or such property;
k)
For the purposes of Section !(a), "owner shall be deemed to include persons who
are shown as such on the cun-ent assessment rolls for the Town of Goderich, or
persons who are the rngistered owners of property as disclosed in the records of
the Land Registry Office
2.
This by-law shall be deemed not to prohibit the lawful use of water from the municipal
water system, for the purpost:s refen-ed to in subparagraph I (a) and (b) ofthis by-law
during the months of January to May 151\ inclusive of January and the 15th day of May
and September to December both, inclusive in any calendar year provided said water is a
lawful use.
3.
Commencing the 15th day ofMay and during the months of May, June, July and August,
in any year this by-law shall be deemed not to prohibit the lawful use of water from the
municipal water system if said water is used as follows:
a)
Water may be used for all lawful purposed with respect to those properties having
municipal address, except those properties with automatic sprinkling systems,
which are even numbers in said months of May, June, July and August, of any
year, on even numbered calendar days, but only during the hours of 5:00 a.m. to
9:00 a.m., local time and 6:00 p.m. to 9:00 p.m., local time.
b)
Water may be used for all lawful purposed with respect to those properties having
municipal address, except those properties with automatic sprinkling systems,
which are odd numbt:rs in said months of May, June, July and August, of any
year, on odd numbered calendar days, but only during the hours of 5:00 a.m. to
9:00 a.m., local time and 6:00 p.m. to 9:00 p.m., local time.
c)
Water may be used for all lawful purposes which respect to those properties
having an automatic sprinkling system in said months of May, June, July and
August, of any year, on any day, but only during the hours of 2:30 a.m. to 6:00
a.m., local time
18
4.
Notwithstanding Section 1, the Town, or its authorized officers, may, by special permit,
allow the use of water from the municipal water system for all otherwise lawful purposes
on such terms and conditions as the Town or its authorized officer deems advisable.
Special permits will be in a form similar to that in attached Schedule "B-1 ", which forms
a part ofthis schedule.
5.
Notwithstanding Sections 2 and 3 of this schedule, in the event of a fire to which the
Town of Goderich Fire Department is called, no person being the owner, tenant, or
occupant, or having the apparent care and control of property, upon notification shall
permit water from the municipal water system to be used for the purposes of washing,
watering or irrigating any lawn, garden, landscaped area, asphalt area, concrete area, or
any other area of such property.
6.
The schedule shall be deemed not to apply to the Municipal Corporation of the Town of
Goderich.
19
Schedule "B-1"
TOWN OF GODERICH
LAWN SERVICE WATER PERMIT
This is authorization for
(Name)
of___________________~, Goderich, Ontario to have
(Address)
unrestricted lawn watering from _________________~
(Dates)
inclusive (not to exceed seven days) while watering restrictions are in force during
the months of May, June, July and August.
Note:
Lawn watering restrictions in the Town of Goderich are authorized by virtue of the
provisions contained in the Public Utilities Act, R.S.O. 1980, Chapter 423, Section
4, as enforced in By-law No. 24, Public Utilities Commission, Town ofGoderich.
Lawn Service Permit Authorized By
Date oflssue
Authorized Officer
Reason for Permit:
-
SCHEDULE "C" TO BY-LAW . 38 6F 2001
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