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The Municipality of
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EST. 1872
BY-LAW NO. 2024-26
DATE: June 19, 2024
MOVED BY: Councillor Hamer
SECONDED BY: Councillor Blower
THAT By-law No. 2024-
26
Being a By-law to provide for a safe municipal
water supply within the Municipality of
McDougall.
be introduced and read a FIRST and SECO
time.
Carried
ltt.
Signature
Signature
Defeated
MOVED BY: Councillor R man
SECONDED BY: Councillor Geesterbte U<^<^~.
THAT By-law No. 2024-26 be read a THIRD time, PASSED, SIGNED and
SEALED this /^ day of ^Su^ , 2024.
Carried
DIVISION LIST
First and Second Reading
Councillor Blower
Councillor Constable
Councillor Hamer
Councillor Ryman
Mayor Robinson
Third Reading
Councillor Blower
Councillor Constable
Councillor Hamer
Councillor Ryman
Mayor Robinson
Defeated
FOR
AGAINST
Signature
Signature
THE CORPORATION OF THE MUNICIPALITf OF MCDOUGALL
WATER CONTROL BY-LAW
BY-LAW NO. 2024-26
Being a By-law to provide for a safe municipal water
supply within the Municipality of McDougall.
WHEREAS section 11 of the Municipal Act S.O. 2001 , c. 25 as amended, provides that a Council of a
Municipality may pass by-laws respecting public utilities - and -
WHEREAS The Municipal Act, 2001 , SO 2001, c.25 - Section 10(2)6 provides that a municipality
may regulate matters relating to the health, safety and well-being of persons - and -
WHEREAS the Safe Drinking Water Act, SO 2002, c.32 Section 11 places specific duties on
the owners of municipal drinking water systems with regard to the operation and repair of said
system - and -
WHEREAS water rates are established to produce sufficient revenue to cover the operating and
capital cost of the system - and -
WHEREAS the Council of the Corporation of the Municipality of McDougall deems it necessary to
establish a by-law for the purpose of ensuring a safe supply of municipal water to inhabitants of the
Municipality of McDougall.
NOW THEREFORE BE IT RESOLVED THAT:
1.0
INTRODUCTION
1. 1
Title and Scope
1. 1. 1
This is a By-law to regulate the use of water to ensure a safe and adequate water
supply. This by-law will be known as the "Municipal Water Systems By-law" for the
Corporation of the Municipality ofMcDougall.
1.2
Validity and Severability
1.2. 1
Should any section, sub-section, clause, paragraph, or provision of this By-law be
declared by a court of competent jurisdiction to be invalid or unenforceable, the same
shall not affect the validity of enforceability or any other provisions of this By-law or
the By-law as a whole.
1.2.2
If any provision of the By-law is inconsistent with the Public Utilities Act, or any other
Act, the provisions of the applicable Act shall prevail.
1.3
Interpretation
1. 3. 1
Words used in the singular shall have corresponding meanings when used in the plural.
1.3.2
"May" shall be construed as permissive.
1.3.3
"Shall" shall be construed as imperative.
1.4
Force and Effect
1.4. 1
This By-law shall come into force and take effect on the day that it receives the approval of the
Council of the Municipality of McDougall.
Municipal Water Systems By-law Page 11
2.0
DEFINITIONS
For the purposes of this By-law, the following words shall have the meaning ascribed herein:
2. 1
"Consumer" means any owner, occupant, lessee, tenant or any person or company
purchasing water from the Municipality.
2. 2
"Council" means the Council of the Corporation of the Municipality of McDougalt.
2. 3
"Environmental Services Supervisor" means the person designated by the Municipal
Council as such or his/her designee.
2.4
"Fire Chief shall mean the Chief of the Municipality of McDougall Fire Department or his or
her designee.
2. 5
"Municipality" means the Corporation of the Municipality of McDougall.
2. 6
"Municipal Water Area" shall mean an area within the Municipality of McDougall that is
serviced by a Municipal Water System.
2. 7
"Municipal Water Supply" shall mean the water supplied from a Municipal Water System.
2. 8
"Municipal Water System" shall include all water works established by the Municipality.
2.9
"Operator in Charge" means the Water and Sewer operator or his/her designate who has
approved operating authority.
2. 10
"Owner" includes: an assessed owner, tenant, occupant or any person having an interest,
whether equitable or legal, in the land.
2. 11
"Person" means any human being, association, firm, partnership, private club, incorporated
company, corporation, agent or trustee and the heirs, executors, or other legal
representatives of a person to who the context can apply according to the By-law.
2. 12
"Treasurer" shall mean the Treasurer of the Corporation of the Municipality ofMcDougall or
hisorherdesignee.
2. 13
"Water works" means any works for the production, treatment, storage, supply and
distribution of water, or any part of such works, but does not include plumbing or other works
to which the Ontario Building Code Act and its regulation apply.
3.0
OFFENSES
3. 1
No person shall lay, or cause to be laid, any pipe or main to connect with any pipe or main of
the Municipal Water System, or in any way obtain or use the Municipal Water System without
the consent of the Municipality.
3.2
No person, being an owner, tenant, occupant or resident ofany apartment, commercial, or
residential building supplied with water from the Municipal Water System, shall waste water.
3.3
No person, being an owner, tenant, occupant orresident of any apartment, commercial, or
residential building supplied with water from the Municipal Water System, shall, without the
consent of the Environmental Services Supervisor, lend, sell or dispose of water, give water
away, permit water to be taken or carried away, use or apply water to the use or benefit of
another, or to any use and benefit other than the person's own, or increase the supply of
water from the Municipal Water System to another building.
3.4
No person shall throw or deposit an offensive matter into the Municipal Water Supply or
Municipal Water System that may, in any way, foul the water.
3.5
No person shall spray, spread or otherwise deposit or use any pesticide on any grounds, lawn,
and garden within 100 meters of a well or intake structure that provides water to a Municipal
or Private Water System.
3.6
No person shall commit any willful damage, orinjury to the water works, pipes or water, or
encourage the same to be done by others.
3. 7
No person shall willfully let off or discharge water so that the water runs waste or useless out
of the Municipal Water System.
3. 8
No person, other than an authorized employee or agent of the Municipality shall be permitted
to remove, inspect or repair the water meter or other equipment of the Municipality.
3. 9
No person shall willfully alter any meter placed on any service pipe or connected therewith,
within or outside any building or other place so as to lessen or alter the amount or water
registered.
3. 10
No personal shall, without the approval of the Environmental Services Supervisor, Operator in
Charge or Fire Chief, open or close any hydrant.
3. 11
No person shall, without the approval of the Environmental Services Supervisor or Operator
in Charge, open any municipally owned valve, gate valve, or curb stop.
3. 12
No person shall obstruct the fire access to any curb stop, chamber, pipe or hydrant by
placing on it any building material, rubbish or other obstruction.
Municipal Water Systems By-law Page | 2
4.0
ADMINISTRATION, ENFORCEMENT AND INSPECTION
4. 1
This By-law shall be administered by the Environmental Services Supervisor of the
Municipality of McDougall or such other person or persons as Council may, by by-law,
appoint and all such persons shall be considered inspectors under the terms of the By-law.
4.2
This By-law shall be enforced by the Environmental Services Supervisor or Operator in
Charge or his/her designee and the Municipal Law Enforcement Officers) or such other
person or persons as the Council may appoint by by-law and all such persons shall be
considered inspectors under the terms of this By-law.
5.0
PENALTY
5. 1
Every person who:
(a) hinders, disturbs or obstructs any authorized person in carrying out their duties under this
By-law, or:
(b) Contravenes any provision of this By-law,
is subject to a fine as set out in schedule "B"
6.0
CONTINUING OFFENSE
6. 1
Each day that a situation as described in Section 3. 1 to 3. 12 of this By-law is allowed to
continue shall constitute a separate offense under this By-law and any Judge or Justice of
the Peace adjudicating on such matter may assess a separate finefor each and every day
that such situation has been allowed to continue.
7.0
CORPORATION
7. 1
Every person and any officer, director, employee or agent, of a corporation chargedwith
committing an offense under this By-law is a party to the offensewho:
(a) Actually commits it, or
(b) Does or omits to do anything for the purposes of aiding any person to commit it, or
(c) Abets any person in committing it.
7.2
Where two or more persons form an intention in common to carry out an unlawful purpose,
andto assist each other therein, each of those who knew or ought to have known that the
commission of an offense under this By-law would be a probable consequence of carrying
out the common purpose, is a party to theoffense.
8.0
GENERAL PROVISIONS
8. 1
This By-law shall apply to all Municipal Water Systems located within the geographical
boundaries of the Municipality.
8.2
Any extension or connections to the Municipal Water System shall be constructed in
accordance with the Municipality of McDougall Engineering Standards.
8.3
All pipes, valves, fittings and other equipment between the water main and the streetline
shall remain the property of the Municipality.
8.4
Where a water service line between the street line and the meter is 50.8 millimeters (2
inches) or greater in diameter, any service or maintenance of said line shall beconducted by,
or under the supervision of the Municipality. The cost of said repairs shall be the
responsibility of the property owner.
8. 5
The Environmental Services Supervisor is authorized to take such measures as are
necessaryand proper to ensure an adequate and continuous Municipal Water Supply and to
safeguard the hygienic purity thereof within the Provincial Acts and Regulations as
established by the Ministry of the Environment or such other approval authority.
8.6
The Municipality does not guarantee the continuous supply, quality or pressure of water from
a Municipal Water System. Failure to supply water shall not be construed as neglect on the
part of the Municipality, its officers oremployees.
8.7
The Municipality shall be responsible for the operation and maintenance of all Municipal
Water Systems including required testing, servicing and the removal of snowfrom around all
hydrants, as deemed necessary.
8.8
When the Environmental Services Supervisor, or other duly authorized employee deems it
necessary to limit or shut off the Municipal Water System due to an emergency situation, the
Municipality shall not be liable for the damages incurred due to such action. Reasonable
effortis will be made by the Municipality to notify the affected owners. The Environmental
Services Supervisor shall report to Council all such incidents and actions taken as soon as is
practical.
8.9
The Municipality, its officers, employees or agents shall not incur any liability whatsoever by
reason of water running from an open or faulty fixture, or from broken or damaged
connections.
Municipal Water Systems By-law Page 13
8. 10
No vehicles owned or operated on behalf of any Department of the Municipality shall be used
for transporting water for the purpose of filling a privately-owned swimming pool.
9.0
REQUIREMENTS FOR CONNECTION TO AND REGULATION OF MUNICIPAL
WATER SYSTEM
9. 1
Every owner of a property located within a Municipal Water Area who wishes to connect to
the Municipal Water System must complete an application for connection to the
Environmental Services Supervisor. All applications for connection to the Municipal Water
System shall be accompanied by the Connection Fee as set out in Schedule "A" of this By-
law.
9.2
Every new building constructed or used for commercial, industrial or residential purposes on
property located within a Municipal Water Area shall be connected to the Municipal Water
System. An application for connection to the Municipal Water System shall be filed with the
Environmental Services Supervisor prior to the issuance of a building permit and shall be
accompanied by the Connection Fee as set out in Schedule "A" of this By-law.
9. 3
The water service pipe may be closer than 8 feet or be placed in the same trench withthe
building drain or sewer if,
(a) (i) The bottom of the water service pipe at all points is at least 20 inches above the top of
the building sewer, and
(ii) When in a common trench with the building drain or building sewer, the water service
is placed on a shelf at one side of the common trench.
(b) The water service pipe is constructed of a single run of pipe with no joints or fittings
between the street line and the inside face of the building.
9.4
A buried water service pipe shall be constructed of a single run of pipe with no joints or
fittings between the street line and the inside face of the building if the water pipe is less than
50 feet from,
(a) a private sewage disposal system, or
(b) a source of pollution other than a private sewage system.
9.5
A water service shall use piping that meets a minimum requirement of 160 psi andall non-
conductive water lines will have a 14-gauge tracer wire installed the full length of line.
9. 6.
Connections to the Municipal Water System shall be designed and installed sothat non-
potable water or substances that may render the water non-potable cannot enter the system.
9. 7
No connection shall be made between the potable water system supplied with water from thfe
Municipal Water System and any other potable water system.
9.8
Any building to be connected to the Municipal Water System shall install, if not already
provided, a control valve and back-flow preventer on the water service between the wall or
floor of the building as the first device after the curb stop. The control valve shall have
capability to be drained and shall be mounted so the valve can be drained when the water
supply is shut off.
9.9
Backflow prevention devices to protect the Municipal Water System from contamination shall
be selected, installed and field-tested in accordance with CAN/CSA-B64. 10 "Backflow
Prevention Devices-Selection, Installation, Maintenance and Field-Testing" or any updated
standard that may come in force.
9. 10
No water pipes shall be installed on the exterior of the building or in the non-insulated side of
an exterior wall, or in place where they may be subject to freezing temperatures unless
adequate provision is made to protect pipes fromfreezing.
9. 11
The minimum depth for water pipes from the street service to the inside wall of the building is
4 feet unless,
(a) Heating trace wires are installed, or
(b) Insulation is used to protect the pipe from freezing by using one of the following methods:
(1) insulation is formed to fit around and encapsulate the pipe,or
(2) a sheet or sheets of insulation are placed at some level above the buried pipe.
9. 12
The Municipality reserves the right to refuse any application for connection to the Municipal
Water System, if the existing system is at capacity or where excess capacity has been
allocated to other properties within the Municipal Water Area.
9. 13
Where the water works must be extended from the water main to the property line in order to
provide for a new water service connection, the owner shall, in addition to the Capital Service
Charge, be responsible for any unforeseen cost, ie; drilling, blasting, boring, frost protection
and complete road restoration etc.
Municipal Water Systems By-law Page 14
9. 14
Prior to connection to the Municipal Water System, the owner must deposit with the
Municipality, the Connection Fee as set out in Schedule "A" of this By-law. In the event that
the actual cost exceeds the deposit, the owner shall be invoiced for the difference. If payment
of said invoice is not received within 90 days, the outstanding balance may be added to the
tax roll and collected in the same manner as taxes.
9. 15
Every building connected to a Municipal Water System shall have its own individual
connection with the exception of an Apartment or Commercial Building which must have the
approval of the Environmental Services Supervisor who may approve the connection based
on engineering drawings.
9. 16
The owner shall be held liable for any damage to the meter or other equipment of the
Municipality whether caused by carelessness or negligence on the part of the owner, or on
the part of any person acting for or on behalf of the owner. In particular, without limiting the
forgoing, for damage occasioned by operating the Municipality's curb stop in lieu of a control
valve, for damage due to ground wire attachments and for damage to the meter caused by
hot water or steam from the building orfromfrost.
9. 17
Any owner who desires a change in the location, arrangement or size of a Municipal Water
System service shall apply in writing to the Environmental Sen/ices Supervisor and shall pay
upon demand all costs incurred by the Municipality in carrying out such change. If payment
of an invoice for such costs is not paid within 90 days, an amount equal to the outstanding
account may be added to the tax roll and collected in the same manner as taxes.
9. 18
Where any auxiliary water supply exists in any building connected to the Municipal Water
System, said auxiliary water supply shall be disconnected from any piping connected to the
Municipal Water System and permanently capped so as to prevent any contact with water or
waters originating from the Municipal WaterSystem.
9. 19
Any owner desiring to have the Municipal Water Supply temporarily turned off or on for any
reason whatsoever shall apply in writing to the Environmental Services Supervisor who may
direct that the water be turned off or turned on. In the event of an emergency, a verbal
request may be provided as an alternative to an application in writing. See schedule "A" for
applicable fees.
9.20
A Disconnection/Re-Connection Fee as set out in Schedule "A" of this By-law will be charged
by the Municipality for the turning off or on of the Municipal Water Supply outside normal
working hours as per Schedule "A" or where such action is necessitated by
(a) A written or emergency request by the owner, or
(b) Non-payment of a water bill, or
(c) Failure to provide access to a meter.
9.21
The Municipality reserves the right to turn off the Municipal Water Supply as deemed
necessary by the Environmental Services Supervisor, to stop and prevent waste.
9.22
Failure to comply with any requirements relative to the protection of the Municipal Water
Supply shall be sufficient reason for immediate discontinuation of water service bythe
Municipality until such time as it is determined that the requirements of the Municipality and
the Ontario Building Code Act have been met.
10.0
HYDRANTS
10. 1
No person shall use hydrants connected to any Municipal Water System exceptas follows:
(a) Employees or volunteer fire fighters authorized by the Fire Chief or designee for the
purposes of training or fighting fires;
(b) Employees authorized by the Environmental Services Supervisor; and
(c) Persons having been granted permission by written agreement with the Municipality and
having authorized access to a Hydrant Meter Valve.
10.2
Where a person who is not a consumer wants access to the Municipal Water Supply, the
person may apply to the Environmental Services Supervisor for access to the Municipal
Water Supply through a Hydrant Meter Valve. Such application shall be in writing and shall
be accompanied by the fee as set out in Schedule "A" ofthis By-law.
10.3
Upon receipt of an application for access through a Hydrant Meter Valve together withthe
fee, a hlydrant Meter Use Agreement shall be completed and signed by the applicant and
approved by the Environmental Services Supervisor.
10.4
No Hydrant Meter Valve Use Agreement shall be issued to any company whose vehicles
contain or may contain any pesticide or other chemicals or materials that may contaminate
the Municipal Water Supply. Trucks must have an air gap device for loading.
10. 5
The consumer shall be invoiced in accordance with the municipal water rates as approved,
from time to time, by the Council of the Municipality of McDougall.
Municipal Water Systems By-law Page 15
11.0
WATER CHARGES, BILLING AND COLLECTION
11. 1
The Treasurer shall calculate water charges to be assessed against each consumer in
accordance with the minimum monthly charge and surcharge per cubic meter, gallon or flat
rate as set out by By-law and approved by Council and as amended from timeto time.
11.2
The Treasurer shall issue a bi-monthly bill to each consumer onthe Municipal Water System.
11.3
Water bills shall be due and payable as stated on billing invoice.
11.4
Water bills shall be payable to the Municipality of McDougall and may be paid in person during
office hours, through online banking or by mail at the Municipality of McDougall Office at 5
Barager Blvd, McDougall, Ontario P2A 2W9. The account holder may also choose to sign up
for the municipal pre-authorized utility payment plan that allows for direct withdrawal of
invoice amounts on the due dates.
11. 5
The owner shall pay to the Municipality upon demand the watercharges assessed against
each property, subject to thefollowing: An owner may apply, in writing, to the Treasurer to
authorize the billing of water charges to a tenant. Said application shall be signed by the
tenant and a copy sent to the owner. An owner who has opted to have water charges billed
directly to a tenant is not relieved from the financial responsibility of said charges should a
tenant default.
11.6
On the next business day after each invoice due date, a penalty will be charged in the
amount of 1.25% of the outstanding balance of all unpaid accounts.
11.7
If any account remains unpaid for a period of greater than one-hundred and twenty (120)
days, the Treasurer shall notify the owner by mail that the Municipal Water Supply may be
turned off by the Municipality. If the owner has opted to direct bills to the tenant, a copy of the
notice shall be sent to the tenant and a copy sent to the owner. The Notice shall provide the
owner with twenty-one (21) days from the date of the notice to make suitable arrangements
for payment of the account. If the owner/tenant fails to pay the account or make suitable
arrangements for the payment thereof within the twenty-one (21) days, the Treasurer may
direct the Environmental Services Supervisor to shut off the Municipal Water Supply to the
subject unit. The account will be charged a disconnection fee as set out in Schedule "A" of
this By-law.
11.8
Where the Municipal Water Supply has been shut off under Section 1 1. 7, the Environmental
Services Supervisor shall turn on the water supply when the owner has complied with the
following conditions:
(a)
The account has been paid in full or suitable arrangements for the payment
thereofhas been made with the Treasurer, and
(b)
The disconnection and re-connection fees as set out in Schedule "A" of this By-
law has been paid to the Municipality.
11.9
Where the Municipal Water Supply has been turned off and the owner fails to take any action
to restore the water supply in accordance with Section 9, the Treasurer may add the account
to the Tax Roll to be collected in the same manner as property taxes.
11. 10 Where a billing error has resulted in over-billing, the account shall be credited withan amount
equal to any over-billing during the twelve-month period preceding the discovery of the error
by the Municipality.
11.11 Where a billing error has resulted in under-billing, the account shall be charged an amount
equal to any underpayment during the twenty-four-month period preceding the discovery of
the error by the Municipality. Where a property has changed ownership during the twenty-
four-month period, the account shall only be charged the amount attributable to the current
owner.
11. 12 For the purpose of calculating the Water Charges under this By-law, 220 gallons equals one
cubic meter.
Municipal Water Systems By-law Page 16
12.0
WATER USE REGULATIONS
12. 1
During the months of June, July and August, lawn and garden watering is permitted only from
7. 00am to 10. 00am local time and 7. 00pm to 10.00pm local time.
(a) on even calendar dates at only those municipal addresses ending with even numbers
0,2,4,6,8.
(b) on odd number calendar dates at only those municipal addresses endingwith odd
numbers 1, 3, 5, 7, 9.
12. 2
The occupants of major properties open to the public where lawn watering is currently
carried out during the late evening and early morning hours and cannot for practical reasons
be carried out during the permitted hours may apply to the Municipality for an exemption on
a yearly basis.
12.3
Any water customer upon written authorization from the municipality will not be subject to
section 12. 1 of this by-law for a two-week period immediately following the seeding or
sodding of lawns.
12.4
The Chief Administrative Officer or the Environmental Services Supervisor is hereby
authorized at any time to make further regulations to restrict the external use of water and
this authority includes the power to ban completely the external use ofwater.
13.0
CATEGORY OF USE AND UNITS ATTRIBUTED
This section describes the number of units that will be charged to each of the following
categories. A unit price is the amount set by council for a single-family residence on a per
monthly basis.
CATEGORY
Single-family residence
Multi-family residence
Vacant land
Automotive Garage
Restaurant open 24 hours
per day
Restaurant not open 24
hours per day
Motel
Laundromat
General Store
Post Office
Utility Installation
Commercial, not water
intensive
Commercial, water
intensive
Multi-use
Other
NUMBER OF UNITS ATTRIBUTED
One unit
One unit per residence
One unit
One and a half units for the first bay and a half unit for each
additional bay
A quarter unit per seat normally provided for serving
patrons
An eighth of a unit per seat normally provided for serving
patrons
A half unit for each unit available to the oublic
A quarter unit for each washing machine
One unit, provided that the store and residence are one
building
One unit, provided that the post office and residence are
one building
One unit provided the unit is water intensive
Two units
Units attributed shall depend on the water needs of the
business and shall be determined by the Environmental
Services Supervisor
Where land is used for more than one category, then a total
of the categories will determine the units
In the event that a use exists or is proposed that is not
described herein, the number of units will be determined by
the Environmental Services Supervisor
Municipal Water Systems By-law Page 17
14.0
That By-law No. 2011-53 is hereby rescinded.
^
READ a FIRST and SECOND time, this _ff_dayof
<. »^C
2024.
^
HA)
Mayor
Clerk
READ a THIRD time, PASSED, SIGNED and SEALED this _^__dayof ^ lAt^C
2024.
^
Mayor
Clerk
Municipal Water Systems By-law Page 18
Schedule "A"
Charges and Fees under
Water Control By-Law 2024-26
Municipality of McDougall
Item
Fee
Capital Service Charge
$10,000.00
New parcels within the municipal service area created through
severance or through a subdivision agreement will be responsible to
pay this fee in order to apply for a building permit. Please note this is
the minimum fee. The applicant shall be responsible for any additional
unforeseen expenses in the construction of any water related servicing
from the municipal water main to the property line (ie. Blasting rock,
easements, locates, borin , etc.
Road Restoration Fee
This is the minimum fee in addition to the Capital Service Charge for a
new service request on the opposite side of the road from the water
main. The applicant will be responsible for the full cost to restore the
entire road crossin , includin as halt for aved roads.
Connection fee for accounts having previously paid the Capital
Service Charge
This is the minimum fee the applicant shall be responsible for to
connect to or activate an existin curb sto .
Disconnection/Re-connection fee
This fee will apply each time the water is turned off and each time the
water is turned back on. The charge wilt apply regardless of whether
the disconnection/reconnection was requested by the account holder
or is due as instructed by the Treasurer in accordance with sections
11.7 and 11. 8ofthisb -law.
Bulk Water Fee McDou all residents onl
$6. 50/m3
Billed at actual cost
$2,000.00
$100.00
Municipal Water Systems By-law Page 19
Schedule "B"
Fines under
Water Control By-law 2024-26
Municipality of McDougall
Offense
Use of water without approval
Tampering with municipal property
Obstructing authorized personnel
_Watering during restrictiqns
Set Fine
$500. 00
$150. 00
$100. 00
$ 50.00
Municipal Water Systems By-law Page 110