Water Supply and Water and Sewer Billing By-law

Minto, Ontario

This is the exact embedded text of the captured official document. Snapshot 9f02a350f72d · verified 2026-06-09 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Corporation of the Town of Minto By-law No. 2017-06 To provide for the Regulation of Water Supply and Water and Sewer Billing in the Town of Minto WHEREAS a lower-tier municipality may pass by-laws respecting public utilities, including water production, treatment, storage and distribution where Counties are not assigned exclusive jurisdiction. Municipal Act 2001, C.25, s7-7- AND WHEREAS connections to potable water systems shall be designed and ínstalled so that non potable water or substances that may render the water non potable cannot enter the system. Building Code Act L992 - O.Reg 305/06 7 .6.2.L (L) AND WHEREAS in situations where the water supply is to be metered, the installation of the meter, includingthe pipingthat is part of the meter installation and the valving arrangement for the meter installation shall be according to the municipality's requirements. Building Code Act, 1992-0. Reg. 305/06 7.6.1.3 (5) AND WHEREAS a municipality may, at reasonable times, enter on land, to which it supplies a public utility, to inspect, repair, alter or disconnectthe service pipe or wire, machinery, equipment and other works used to supply a public utility or to inspect, install, repair, replace or alter a public utility meter. Municipal Act 20O1, c.25, s80 (1) AND WHEREAS a municipality, after reasonable notíce is given, may shut off or reduce the supply of the public utility to the land. Municipal Act 2OO1,, c.25, s80 (2) AND WHEREAS a municipality, after reasonable notice is given, may shut off the supply of a public utility by the municipality to land if fees and charges payable by the owners or occupants of the land for the supply of the public utility to the land are overdue. MunicipalAct 2OO1, c.25, s81(1)and (3) AND WHEREAS a mun icipality may shut off the supply of water to land if the fees or chargespayablebytheownersoroccupantsof theland in respectof awastewatersystem are overdue and the fees or charges are based on the fees payable for the supply of water to the land. Municipal Act 2OO7, c25, s8t (2) AND WHEREAS a municipality may, as condition of supplying or continuingto supply a public utility, require reasonable security be given forthe payment of fees and charges to supplythe public utility orfor extending public utilityto land. Municipal Act 2OO1-, c25, s83 AND WHEREAS a municipality may pass by-laws imposing fees or charges on any class of persons for services or activities provided or done by or on behalf of it (Municipal Act 2001, c.25, s391.1), and may recover all fees and charges payable despite shutting off the supply of the public utility under the Municipal Act 2OO1-, c.25, s81 (4) AND WHEREAS fees and charges imposed by a municipality on a person constitutes a debt to the municipality, and the municipal treasurer may add such fees and charges imposed to the tax roll for a property in the municipality and collect them ín the same manner as municipaltaxes. Municipal Act 2001, c.25, s398 (7)(2) NOW THEREFORE the Council of the Town of Minto hereby enacts as follows: 1.0 SHORT TITLE This By-law may be cited as the "Water By-law." 1- 2.O DEFINITIONS As used in this bylaw, the following terms shall have the meanings indicated: Auxiliary water supply - When applied to any premises means any water supply on or available to the premises other than the primary potable water supply for the premises. Backflow - The flowing back of or reversal of the normal direction of flow of water Backflow prevention device - A device that prevents backflow certified to be in compliance wíth the applicable CSA Standard. Building - Any structure with a pressurized water supply used or intended for supporting or sheltering any use or occupancy with the land and premises appurtenantthereto, and shall include a dwelling as defined in this by-law. By-law Enforcement Officer - A person appointed by the Municipality to enforce the by-laws of the Town of Minto. Base charge - The charge a pplied to any premises with pipes connecting it to the Municipal water system even if no water is used. Contractor - A person, partnership, or corporation who contracts to undertake the execution of work commissioned bythe owner orthe Municipality to install or maintain maíns, service mains, services, hydrants and other appurtenances. Cross connection - Any temporary, permanent or potential water connection between any part of a potable water system and any environment containing other substances in a manner, which, under any circumstances, could allow such substances to enterthe potable water system. Other such substances include, but are not limited to, gases, liquid orsolids such as chemicals, waste products, steam, water from other sources (potable or non- potable), or any matter, which may change the colour or add odour to the water. Such connections would include and not be limited to swivel or changeover devices, removable sections, jumper connections and bypass arrangements. Cross Connection Control Survey Form - A form acceptable to the Town containing information related to the types of cross connections and the method of protecting those cross connections within any building or structure. The form must also contain owner and contact information for the property. GSAStandard -The document entitled 864.7O-O7/B64.LO.t-07 Selection and installation of backflow preventeÇMaintenance and field testing of backflow preventers published in 2OOT by the Canadian Standards Association, or any successor thereof; Customer - Any person who enters into a verbal or written contract with the Municipality to take water from the Municipality or to receive water related services including but not be límited to those items set out under the heading "Miscellaneous Charges" in Municipality's Fee By-law, and shall include an "occupant" and "owner" as defined in this by-law. Developer - The owner or party specifically named in a Development Agreement or in a Subdivision Agreement related to water works installation. Director - ls defined as the Public Works Director for the Town of Minto and may include assigns thereto. Dwelling - Any building, trailer or other covering or structure, the whole or any portion of which has been used, is used or intended for use or is capable of being used for the purpose of human habitation with the land and premises appurtenantthereto. 2 External use - The use of water for any purpose outside the walls of any building located at a municipal address. Hazard - ln the case of a minor hazard is any cross connection or potential cross connection that constitutes only a nuisance, with no possibility of any health hazard, and in the case of a moderate hazard means any minor hazard that has a low probability of becoming a severe hazard, while a severe hazard means any cross connection or potential cross connection involving any substance that could be a danger to health. Income Producing Residential Rental Property - A property where the owner registered on title is different than the occupant and/or where a property is assessed for commercial or industrial purposes. Leak - An unintentional water loss caused by broken and/or malfunctioning plumbing fixtures and\or pipes within a residence or building. A leak occurs when there is a failure of the plumbing system to do what it was designed to do. Main - Every water pipe installed on a public road allowance or on any other land upon which the Municipality has obtained an easement, except services and portions of private mains as herein defined. Meter - The water meter supplied and owned by the Municipality to measure the quantity of water used by the customer. Meter pit-Anyexteriorchamberor pitapproved bythe Directorordesignateforthe purpose of containing a water meter. Multiple unit building!- One building, served by a waterservice lateral, and containingtwo or more living or other units each of which are not served by an individual water service pipe. Municipal address -The property identifier number and street name assigned to a building or buildings. Municipality - Shall mean the Town of Minto. Not-for-profit An organization incorporated under the Ontario Corporations Act to carry on activities for the benefit of the community without the purpose of personal gain or profit for its members and the corporation. Occupant - Any lessee, tenant, owner, the agent of a lessee, tenant or owner, or any person in possession of a premise. Owner - Any person, firm or corporation that is the registered owner of the property under consideration or any agent thereof, a person entitled to a limited estate in land, a trustee in whom land is vested, a committee of the estate of a mentally incompetent person, an executor, an administrator and a guardian. Plumbing system - The system of connected piping, fittings, valves, equipment, fixtures and appurtenances contained in plumbingthat begins, is located and is connected immediately after the meter. Potable water - Water fit for human consumption. Premises - Any house, tenement, building, lot, or part of a lot, or both, in, through, or past which water service PiPes run. 3 Premise isolation - The physical separatíon of water located within a building or structure from the Town's water supply. Private main - A pipe connected to a main and installed on private property and from which more than one service and/or hydrant lateral are connected. Property - Any land within the Town of Minto and includes all buildings or structures Qualified person - A person who is employed by a company licensed as a tester of bacKlow prevention devises. Remote read-out unit - The device installed at a separate location from the water meter and used to record the consumption reading of the meter. Service extension - That portion of a water service pipe located between the property line and the meter location, or for a fire service to the inside of the exterior wall of a structure, ie. an extension of a service stub. Service stub - That portion of a water service pipe located between a main and the property line, and which will always include one control or shut off valve. Sewage Fee - Fees or charges collected to operate waste water collection and treatment facilities in the same manner and authority under this bylaw as a water fee. Shut-off valve - A fitting owned by the Municipality and connected to a water service stub or private main in order to shut off or turn on the water supply from the Municipality's waterworks distribution system to any premises. Single detached residence -A single dwelling, which is freestanding, separate and detached from other main buildings or main structures, including a split-level dwelling situated on a separate lot, block or property but does not include a mobile home. Town - The Corporation of the Town of Minto including its employees, servants and agents. Unoccupied - A dwellingand/or building in which persons are absentfrom the propertyfor a time period of seventy-two (72) hours or more, due to such matters as vacations, prolonged illness or similar reason. Vacant - Regardless of the presence of furnishings, a dwellingand/or building vacated by the persons who once occupied it with no intent to return. A newly constructed dwelling and/or building is considered to be vacant after completion but before occupants move in. A dwelling and/or building is also vacant when the occupants move out and before any new occupant moves in. Waste water - Water that has been used, as for washing, flushing, or in a manufacturing process, and so contains waste products such as sewage or other chemical or organic material resultingfrom its use. Water - Potable water supplied by the Municipality Water Fee - Fees and charges collected to operate watertreatment, supply and distribution systems collected under the authority of this bylaw and other applicable legislation. Water distribution system - The connections to feeder mains, feeder mains within subdivision lands, private mains, services, fire hydrants, and shut-off valves and all other appurtenances thereto which constitute a system for treating and distributing water. 4 Water service pipe -The pipe and fittings that convey potable waterfrom a connection on a main or private main to the meter location, or for a fire service to the inside of the exterior wall of a structure. Watenvorks - Any works for the collection, production, treatment, storage, supply and distribution of water, or any part of any such works, but does not include plumbing to which lhe Buildíng Code Act, 7997 applies, or any amendments thereto apply. PART 1.O: APPLICATION AND CONNECTION FOR WATER SERVICE 1,.1, Required connection to Municipal water No person shall own or occupy any buildingfronting on a street containing a water main, or on land abutting a street, right-of-way, easement or alley through which access to a water main is available, without an approved connection from that building's plumbingsystem to the waterworks of the M u nicipality unless expressly exempted pursuant to the provisions of this by-law. t.2 (a) Notification requirements connection by the Municipality Where a building is not connected to municipal water pursuant to Section 1.1, the Town shall send notice by registered mail to the assessed owner of each building stating that connection is required within 90 days from the date notice is issued, such notice to be mailed to the owner's last known address outlined in the updated municipaltax roll. Following the expiration of the 90 day notice period, if the owner fails to make the connection as required by the notice, the Municipality has the right to enter upon the applicants lands following not less hhan 24 hours additional notice, and upon gaining access may modify the owners lands, building, structures and plumbing system to connect the building to the water system at the owner's expense, and to recover the expenses by action or in like manner as municipal taxes. Notice under Section I.2 (a) shall include reference to this by-law, advise the owner of the date on which the three month period hereinbefore referred to expires, and state that if the owner fails to make the required connection the municipality has the right with no less lhan 24 hours further notice to enter and modify the owner's lands and building to make said connection at the owner's expense and to recover the expense by action or in like manner as municípaltaxes. (b) (c) 1.3 Disconnection of alternative water supply Wherethe Municipality makes a connection tothewatersystem pursuanttothis byJaw,the owner shall use the municipal water provided for all domestic and potable uses within the said building, and shall immediatelydisconnectanyexistingwatersupplysource notowned by the Municipality and cease to be used for domestic and potable purposes. L.4 Notice requirements failure to disconnect alternate supply Where an owner fails to comply with Section 1.3 of this bylaw the Municipality may disconnect any alternate supply at the owner's sole cost and expense so long as notice provisions outlined in section L.2 are met, and without limiting the generality of the foregoingthe Municipality may issue notice of required connection to the municipal seruices and notice of required disconnection from an alternate water supply at the same time so that only one 90 day period applies to the required action under section 1.1 and 1.3. 1.5 Limited Exemption from water servicing cost existing bu¡ld¡ng The owner of a building existing as of the date of passing of this by-law that is not connected to the municipal water system, who has been paying to the Town the required water fee as if the building was connected, may be exempt the cost of installing a service stub and shut off valve from the main to the lot line at the Town's sole discretion, but the said owner shall be required to pay all other costs to connect including installingthe seruice extension, water meter and other modifications to the buildings plumbing system. 5 1.6 (a) Application and connection charges payment prior to installation No person shall connect to the municipal water system unless the owner or their authorized agent has submitted the required application for water service to the Municipality, paid applicable charges as detailed in the Town's Fees and Charges By- law, and verified that a suitably sized service stub and shut off valve has been installed by the Mun icipality. ln addition to paying the cost to install the service extension and water meter, the owner or agent shall pay any add itional municipal connection charges depending on cost of the infrastructure in place and installation agreements, or if the Town's standard in-fill lot service installation for a one inch water service is not met. Additional municipal connection charges may include such items as increased road work if the watermain to be connected is located on the opposite side of the road or is excessively deep, or there are fees outlined in a site plan or subdivision agreement signed between the Municipality and the original developer of the lands. (b) (c) 1,.7 Tap lnllnstallation - payment required The installation of the water service will not be scheduled or commenced in any way until the application and payment have been confirmed. Waterfees will commence and shall be owed to the Municipality as per the Fees and Charges By-law immediately upon the installation of the water meter. 1.8 Disconnection/Reconnection of service - payment No owner shall disconnect and/or reconnect a water service for water supply to a premise without prior approval from the Municipality as well as paying the applicable charge for disconnectingor reconnectingthe meterforsuch servicefrom the waterdístribution system as indicated in the Municipality's Fees and Charges By-law. PART 2: WATER AND SEWER RATES AND CHARGES 2.L Application for water supply No owner shall use, or permit the use, of municipal water supplied to a premise except in compliance with the requirements of this by-law and all other applicable by-laws and codes of the Municipality. Beforethe initialsupplyof wateroranysubsequentreconnectiontoany premises in the Municipality, the owner shall make application to the Municipality for the same, and the owner shall be governed by the requirements of this by-law. 2.2 Water measured by cubic meters Water consumed on premises in the Municipality shall be measured through an approved meter installed in each respective property according to standards set in this by-law and other applicable bylaws and codes. ln addition to flat fees, distribution or other charges that may apply, Waterfees shall be calculated by applyingthe rate set in the Municipality's Fees and Charges By-law to the flow measured by the Municipality through the approved meter. All water passing through a meter will be charged for, whether used or wasted. 2.3 Sewage measure by cubic meters ln addition to flat fees, distribution or other charges that may apply, Sewage discharged from a premise into the Municipal waste water collection system shall be measured based on the flow of water through the water meter as outlined in Section 2.2. Sewage fees shall be calculated by applying the rate set in the Municipality's Fees and Charges By-law to the flow of water through the approved meter. All water passing through the water meter shall be used to calculate sewage fees a provided for in this section, whether used or discharged. 2.4 Meter reading and billing Water meters may be read and accounts be rendered monthly, bi-monthly or on any other basis at the discretion of the Municipality. The bill shall be deemed to be served upon the customer if it is given atthe municipal office or other location, delivered ín person orsent by 6 a -)Év regular mail to the premises supplied. The Municipality may develop at its sole discretion an alternate or electronic billing system in which case a bill shall be deemed to be served if sent by electronic means including email, text or other such means at the d iscretion of the Municipality acting reasonably. 2.5 Late payment charge and overdue notice When an account is not paid by the due date stated on the bill, a late payment charge, as indicated in the Municipality's Fee By-law, will be assessed to the account, and, within seven (7) days after that date, an overdue notice will be sent by regular mail remindingthe customer of the outstanding account. 2.6 Notice of disconnection lf an account is not paid within sixty (60) days after the mailing of the overdue notice, the municipality may shut off the supply of water by providing forty-eight (48) hours minimum notice to the owners and occupants of the land by personal service or prepaid mail, or by posting notice on the land in a conspicuous place, and if the notice ís given by prepaid mail the forty-eight hour period shall commence on the third day after the date of the mailing. 2.7 Collection - Renters Where the owner has agreed the water and sewer bill be charged directly to the renter, if the account has not been paid in two (2) consecutive billings, the Municipality shall bill the owner the outstanding charges. Further non-payment will result in the Municipality taking action under Section 2.7. 2.8 Non-payment - water shut off - lien lf an owner of a premises omits, neglects or refuses to pay any bill rendered, whether for water service pipes, meter, service charge or any other monies to which the Town may be entitled in respect of water services to such premises, the Municipality may, at its discretion, shut off or reduce the flow of the water to the premíses by providing reasonable notice of the proposed shut off to the owners and occupants of the land by personalseruice or prepaid mail, or by postingthe notice on the land in a conspicuous place. Such charges have priority lien status, and may be collected in accordance with the MunicipalAct, 2OOI, as amended, and may be added to the tax roll against the property in respect of which the water service was supplied. 2.9 Reconnection - charge Where it has been necessary to discontinue service as a result of non-payment, a reconnection charge as indicated in the Municipality's Fee By-law will be levied against the delinquent account, in addition to the applicable collection charge. Utility accounts where the service is disconnected will continue to receive billings with any incurred interest or penalties on any arrears outstanding, as per the Municipalities Fees and Charges By-law whereapplicable. Theservicewill notbereconnecteduntilalloutstandingamountsplusan administration charge for reconnection as indicated in the Municipality's Fee By-law have been paid by cash, certified cheque, debit or online payment. 2.LO Temporary removal & reinstallation of meter - charge When the owner requests a temporary removal of the water meterfrom their premises, for any reason, the meter removaland reinstallation charge will be applied, as indicated in the Municipality's Fees and Charges By-law. 2.LL lnfrastructure Lifecycle Reserve Fund The Municipality shall cause to be prepared. Approved and made public A Water and Waste Water Financial Plan as required by Regulation 453/07 or subsequent legislation as the case may, such plan to provide for creation of an lnfrastructure Lifecycle Reserve Fund to be used to fund water and wastewater infrastructure upgrades and expansion. 7 a- ¡:-^ ,ã 2.L2 Service installation charge All water service pipes, except those to lands being developed under a Municipal development or subdivision agreement wherein the main is installed, may be installed on an actual cost basis at the owner's expense, including tapping of the watermain, the water service connection materials and all related labour costs. 2.L3 Meter testing charge The charge for testing the accuracy of a water meter is indicated in the Municipality's Fee By-law and is explained in Part 10 of this by-law. PART 3: SECURITY DEPOSITS 3.1 Deposit is security for payment Whenever an application is made by an owner or agent for supply of water, the Municipality may, at its discretion, require the customer to make a deposit of such sum of money as it may consider advisable before providing any water to the premises. Said deposit shall be security for payment for water fees that may be incurred. 3.2 Deposit applied as payment Where the Municipality has taken a security deposit as per Section 3.1, the amount can be applied as payment for water fees at the discretion of the Town until a good payment history is established or an account is closed. 3.3 Non Payment of Security Deposit Non-payment of a security deposit will be subject to the standard collection procedures including disconnection of water services. PART 4: OPERAT¡ON OF WATERWORKS 4.L Conditions on water supply The Municipality shall operate and maintain its drinking water systems with a level of care, diligence and skill, and members of Council, staff, and agents shall act with honesty, competency and with integrity when protecting the safety of drinking water users. The Municipality shall endeavour to provide a regular and uninterrupted supply of water and maintain water quality consistent with Provincial legislation, but does not guarantee a consta nt service or the maintenance of unvaried pressure or quality or supply of water and is not liable for damages to the customer caused by the breaking of any water service pipe or attachment, or for shutting off of water to repair or to tap mains. 4.2 Authority for Water Supply The Town of Minto in its own right shall have the sole responsibility, authority, power and capacity to construct, maintain and operate all waterworks facilities and equipment within its boundaries, to establish terms upon which municipalities or persons outside the boundaries of Minto may be allowed to connectto the said waterworks as consumers, and the rates to be charged for water delivered to such consumers. 4.3 Unauthorized operation of fire hydrants - offence No person shall operate a fire hydrant except as authorized under the Safe Drinking Water Acl,2OO2 or subsequent legislation or regulation. 4.4 Unauthorized operatíon or interference - offence No person shall open or close a valve in the water works distribution system, including private mains, or remove, tamper with or in any way interfere with any valve, water meter, structure, watermain or water service in the water works distribution system, including private mains other than a person authorized by the Director or designate for that purpose. 4.5 Use of water from hYdrants 8 No person shall use water from a fire hydrant except for water used for fire-fighting, system maintenance, or a use approved in writing by the Director of Public Works. 4.6 lmproper use of water from fire service - offence No person shall use water supplied within any land or building for fire protection or prevention for any purpose except sprinkler systems, splitters, private hydrants or similar. PART 5: WATER SERVICES 5.1 lnstallation - by Municipality - by contractor Water service pipes shall be installed accordingto municipal engineeringstandards bythe Municipality except the under the following circumstances: (a) Bycontractorsapproved in writingbythe Municipalityand engaged bytheownerfor the purposes of such installation. (b) Service installation pursuant to a site plan agreement or subdivision agreement with the Municipality which authorize the owner or developer to complete such work. But in no case shall a water service pipe be connected to a water system without inspection by Town staff or stafl of its registered professional consulting engineering firm. 5.2 lnstallation - to Municipal specifications All water service pipes located on Municipal road allowances, easements, right-of-way or Town properties, íncluding private mains that are part of the water distribution system shall be constructed according to the Town's Engineering Design Standards. All service extensions and private mains located on private property shall be constructed in accordance with the Ontario Building Code as revised from time to time and in accordance with good engineer¡ng practices and shall be approved bythe Chief BuildingOfficial. Where the Ontario Building Code is silent, the Municipality's specifications shall be applied and shall prevail. 5.3 Connection to main - prior application No person shallschedule orcommence in anywaythe installation of the waterseruice pipe connection except in accordance with the requirements of this by-law. 5.4 lnstallation - alteration - approval by Municipality No person shall install or alter a new water service pipe or private main, or alter an existing waterservice pipesor private mainswithoutapprovalfromthe Municipalityforsuch workas specified in the Municipality's standard documents. 5.5 lnstallation inspection by Municipality No person shall install a water service pipe, connect to the municipal water system, or use water from an installed water service pipe or appurtenances, includingthose required by a Municipal Subdivision or Development Agreement, unless said installation has been inspected by the Municipality or persons authorized by the Municipality for inspection as specified in the Municipality's standard documents, and the charge for such inspection as specified in the Municipality's Fees and Charges By-law has been paid. 5.6 lnstallation - access for inspection Town employees licensed to complete inspections, licensed employees of the Town's registered professional consulting engineer and other qualified licensed persons authorized in writing bythe Municipalityfor inspection shall be, at alltimes acting reasonably and with proper identification, entitled to enter any premises for the purposes of examining pipes, connections and fíxtures which are used in connection with the water service pipe and/or service main. 5.7 Disconnection of service No person shall cut off water service without disconnect¡ng the water service pipe at the watermain or curb stop, pluggingthe watermain, and removingand cappingthe curb boxas 9 per the direction of the Director or designate. All work must be inspected at the owner's expense by the Municipality, and the charge for such inspection is as indicated in the Municipality's Fees and Charges By-law. 5.8 Maintenance of service stub - Municipality The waterservice stub shall be maintained atthe sole costand expense of the Municipality. 5.9 Maintenance of service extens¡on and private main - owner Any and all defects to a water service extension, private main and meter pits shall be repaired by the owner of the property beíng serviced. Should the Municipality become aware of any such defect, and such defect is not repaired within seven (7) days written notífication by the Town to the owner, or within such time as the Director or designate may deem necessary, then the Municipality may turn off the water supply to the property. The Municipality will not restore water supply unless the defective water seryice pipe is repaired by the owner, and in a case where the Municipality at its sole discretion enters upon the lands to repair such a defect the cost of the repair shall be charged to the owner and collected by the Municipality according to applicable law, and until paid, such cost shall remain a lien on such property, and may also be collected in the like manner as taxes. The Municipality shall not be held responsible for the cost of restoration. 5.10 Operation of shut-off valve No person shall be permitted to operate the shut-off valve to any premises, other than persons authorized by the Director or designate for that purpose. 5.11 Access to shut-off valves All shut-off valves must be left clear and accessible at all times so that the water in the water service pipe and private mains may be turned off or on as may be found necessary by the Director or designate. 5.L2 Responsibility for protection, water loss, damage All water service extensions to and including the meter shall be properly protected from frost and any other damage at the expense and risk of the owner of the property being serviced. The owner shall be responsible for the water loss occasioned by a leak in the water service extension and/or private main and the charge for such water loss shall be determined by the Director or designate, shall be paid by the owner upon demand by the Municipality, and the Municipality shall not be held responsible for any damages arising from such leakage. 5.13 Responsibility - vacant and unheated premises No person shall leave premises vacant or without heat without shutting off the water supply from within the premises, drainingthe water plumbingsystem therein to prevent damage to the municipal water system and notifying the Municipality. The owner or occupant may apply in writing to the Municipality to have the shut-off valve turned off to stop water supply. The valve will be turned on only at the owner's request and in the owner's presence. The owner shall pay for this service at the rate as indicated in the Municipality's Fee By-law. 5.L4 Responsibility - water damage When any premises left vacant, unattended or without heat and the water supply has not been shut off, the Municipality shall not be responsible, and the owner shall have no claim against the Town, for any damage to the premises and its contents from a leaking or burst water pipe,. Should the Director or designate become aware of such leakingor burst pipes, the Director or designate shall turn off the shut-off valve, and the water supply shall not be turned on until the Director or designate, in his/her discretion, shall consider it advisable and the owner pays all costs associated with restoring water service. 5.15 Responsibility for frozen pipes - Municipality - owner The Municipality at its sole cost and expense shall thaw out frozen water seruice stubs from 10 the maín to the shut-off, while the owner shall be responsible for thawing outfrozen service extensions and private mains from the shut off to the meter location, or for a fire service to the inside of the exteriorwallof a structure. Where anyemployee of the Municipalityassists the owner in the thawing of frozen pipes on the owner's property, all such assistance work will be considered to be at the owner's risk and cost, and the owner shall have no claim against the Municipality by reason of such work. 5.16 Responsibility for Hydrant Maintenance Any hydrants situated within a publíc road allowance, or municipally owned hydrants on prívate lands by agreement, arethe property of the Municipality and shall be maintaíned at the Town's sole cost and expense. Hydrants owned and paid for by any persons otherthan the Municipality shall be maintained by such persons through a written agreement with a qualified hydrant maintenance company. The Town shall have no responsibility or liabilityto maintain any such hydrant not owned by the Municipality. 5.L7 Renewal of service - Municipality - owner The Municipality shall renew or replace water service stubs on public property at its expense and to its specifications when: (a) piping is deemed by the Director or designate to be beyond repair; and (b) the existing pipe material is substantially composed of lead and supplies a single detached residence provided the owner is prepared to replace the service extension before the Municipality replaces the service stub. All replacement piping shall conform to the specifications of the Municipality, and shall be the same size as the existing service or the minimum size service required for the area. Where an owner requests alarger size, the owner shall paythe difference in material cost. 5.18 Access - removal - inspection - fittings Where a consumer discontinues the use of the water service, or the Municipality lavrfully refuses to continue any longer to supply it, the Director or designate may acting reasonably enter the premíses for which water has been supplied for the following reasons: (a) to disconnect the supply of the water service (b) making an inspection from time to time to determine whether the water service has been or is being unlavrfully used; or (c) to remove without unnecessary damage anyfittings, machines, apparatus, meters, pipes or otherthings beingthe property of the Municipality in or upon the premises.. PART 6: WATER METERS 6.1 Water to be metered - remedy for violation Allwatersupplied bythe municipalityand used on premises within the Municipality, except water used for fire fighting purposes, or water authorized in writing by the Director or designate, shall pass through the meter supplied by the Municípality for use upon such premises, and in addition to whatever other remedies the Municipality may have in respect to infringement of this by-law, the Municipality may, upon ascertainingthat water has been used which has not passed through the meter of such premises, forthwith, without notice, shall shut off and stop the supply of water. 6.2 Supply - installation - ownership - replacement The owner shall pay the water service charge as indicated in the Municipality's Fee By-law before the Municipality will supplythe owner with a meter, and the meter must be installed prior to occupancy of any building. The meter shall remain the exclusive property of the Municipality and may be removed as and when the Municipality may see fit, upon the same being replaced by another meter, or for any reason, which the Municipality may, in its d iscretion, deem sufficient. 6.3 lnstallation - maintenance - repair - access The Municipality may shut off or restrict the supply of water to any property if the Town 7! requires access to the property to install, replace, repair or inspect a water meter and the remote read out unit. Any licensed person authorized in writing by the Municipality to shut off or restrict the supply of water to any property shall be permitted access to that property, at all reasonable times, and upon notice given as set out in section 6.4 of this by-law. Access shall be provided to the Town's licensed person to all parts of every building or other premíses to which any water service is supplied for the purpose of inspecting or repairing, or of altering or disconnecting, within or without the building, or for placing meters upon any water service pipe or connection within or without the building as he/she considers expedient and for that purpose or for the purpose of protecting or regulating the use of the meter, may set it or alter the position of it. 6.4 Notice required - access Before shutting off or restricting the supply of water to any property for maintenance purposes, the Municipality shall provide the following minimum notice: (a) by personal service or by registered mail, serve the owners and occupants of the property as shown on the last returned assessment roll of the Municipality with written notice describingthe date upon which the Municipality intends to shut off or restrict the supply of water to the property after ten days íf access cannot obtained before that date; or (b) posting a copy of the notice described in clause (a) is securely attached to the property in a conspicuous place a minimum ten days prior to shutting off or restricting water su pply. 6.5 No shut off - reasonable effort - ga¡n access The Municipality may shut off or restrict the supply of water so long as it has made reasonable efforts to get access to the property and has complied with minimum notice provisions of section 6.4: (a) the day the last notice under part (a) of section 6.4 of this by-law was personally served; (b) the day the last notice under part (a) of section 6.4 of this by-law was mailed; and (c) the day a copy of the notice was attached under part (b) of section 6.4 of this by-law. 6.6 Restoration of water supply - as soon as practicable lf the Municipalityshuts off or restrictsthe supplyof water undersection 6.3 of this by-law, the Municipality shall restore the supply of water as soon as practicable after obtaining access to the property. 6.7 Charges - meters - owner to PaY All charges for any of the work and services mentioned in sections 6.3 and 6.6 of this by-law will be determined bythe Director or designate as indicated in the Municipality's Fee By-law and will be paid in full by the owner or the customer, as the case may. 6.8 Every building metered - Director or designates discretion The Municipality will supply every separate building on a lot requiring municipal water with a separate water meter. The Director may permit multiple unit buildings to have separate meters for each unit under the following conditions: (a) The owner pays the full cost of any additional meters to be supplied to a multiple unit building on a lot beyond the one supplied by the Town; and (b) All water meters can be reasonably located within a common service room or area easily accessible for maintenance purposes. Additional water meters supplied by the Municipality may only be installed with written approval of the Director or designate. ln the eventthe units are notseparately metered, per unit charges may apply per each unit as set out in Municipality's Fee By-law. 6.9 lnstallation to MunicipalitySpecifications No person shall permit to be installed, install or use any water meters unless it is supplied L2 by the Municipality and installed to conform to the specifications of the Municipality by a qualified licensed person. 6.10 Meter location - Director or designate to consent to change No person may relocate or move to a different location or re-install a water meter installed in accordance with this by-law except without the written consent and inspection by the Director or designate. 6.Ll Private meters - owner responsible The Municipality will not supply, install, inspect or read private water meters, nor will the Municipality bill consumption read by a private water meter. No person shall install or permit installation of privately owned water meter to be connected to a water service stub or a water service, but may be connected to the owner's plumbing system within the home with a valid municipal permit after the Municipality's meter. 6.L2 Reading meter - access The Munícipality and persons authorized by the Municipality for that purpose shall be allowed access to the premises and be provided free and clear access to the meter where water ís beingsupplied atall reasonabletimesforthe purpose of reading, atthe discretion of the Municipality. Where such access to the premises and/or free and clear access to a meter is not provided bythe occupant within fourteen (14) days upon written notification by the Municipality, the Municipality may, at its discretion, shut off the supply of water to the premises until such time as free and clear access to the water meter is provided. 6.13 Valve maintenance - responsibility of owner The ownershall be responsiblefor maintaining, in good workingorder, the inletvalvetothe meter, the remote read out unit and the outlet and by-pass valves for all meters, and shall ensure that such valving is accessible. 6.L4 Leaks must be reported No person shall be permitted to use or consume municipal water where there are leaks at the water meter or its couplings unless such leaks are reported immediately to the Municipality. The Municipality is not liable for damages caused by such leaks. 6.15 lnterference with meter not permitted - offense No person shall be permitted to open, or in any way whatsoever tamper with any water meter, or with the seals placed thereon, or do any manner of th ing which may interfere with the proper registration of the quantity of water passing through such meter. Any person who changes, tampers with or otherwise interferes, in any way whatsoever, with the function of any water meter placed in any building, is guilty of an offense and upon conviction would be subject to any penalty section within this bylaw. ln addition to a charge being laid under this bylaw by the Municipality, the Director or designate may forthwith, without any notice, sh ut off the water to such building or prem ises, and the water shall not be again turned on to such building or premises without correction of the tampering or interference to the satisfaction of and with the express consent of the Director or designate. 6.16 Owner responsible to repair piping lf, in the sole discretion of the Director or designate or person(s) authorized by the Municipality, the condition of the water service pipe and/or valves and of the plumbing system issuchthata metercannotbesafelyremovedforthe purposeof testing, replacing, repairing or testing in place without lear ol damage to the water service pipe and valves, and plumbingsystem the Directorordesignate may requirethe owneroroccupantto make such repairs as may be deemed necessary to facilitate the removal or testing of the meter. lf, upon notification, the owner does not comply with the Director or designate' s request, then the water supply to the property may be turned off at the shut-off valve during removal, replacement, repair and testing of the meter and the Municipality shall not be held responsible for any damages to the owner'S property arising from such work. 13 6.L7 Non-functioning meter - amount of water estimated Where any meter is found to not be working properly for any reason, then the amount of waterto be charged forshall be estimated on the average monthly readingforthe previous twelve (12) months, when the meter was working properly, or,iI a suitable monthlyaverage is not available, the amount of water to be charged shall be estimated on a daily average when the meter is working properly. 6.18 Meter testing for customer - deposit - conditions Any customer may, upon written application to the Municipality, have the water meter and the remote read out unit at his or her premises tested for accuracy of registration. Every such application shall be accompanied by a deposít of the fee for testing water meter and theremotereadoutunitsassetoutintheMunicipality'sFeeBy-law. lfthemeterisfound to register correctly, slow or not to exceed three per cent (3%) in favour of the Municipality when tested at a flow rate of one gallon (4.54litres) per minute, the customer's deposit shall be forfeited towards the cost of the test. Any additional expense of removing and testing of the meter will be paid for in full by the customer. lf the meter is found, when tested to register in excess of three per cent (3o/o), a refund will be made to the customer equal to such excess percentage of the amount of the account for the period of four (4) months prior to such testing of the meter, plus the customer's deposit for the test. 6.19 Meter reading supersedes remote device reading Where the water meter is equipped with a remote read-out unit of any type and a discrepancy occurs between the reading at the register of the water meter itself and the readingon the read-outdevice, the Municipalitywillconsíderthe readingatthe meterto be correct,andwilladjustandcorrectthecustomer'saccountaccordingly. Shouldtherebea discrepancy between the reading at the meter reg¡ster and the remote read out devíce which results in a corresponding significant additional consumption charge, then the aforementioned additional charge may be paid by a mutually agreed upon repayment schedule within a payment period not to exceed twenty-four (24) months. ln the event that the water meter has been in place and not working accurately for a prolonged period of time at the sole discretion of the Director or designate the water and wastewater charge if applicable will be based on the following calculation: Total consumption divided by Number of years meter in service equals= yearly d ifferentia I consu m ption. The yearly differential consumption would applyforthe water and wastewater rate schedule per the last five years. ln the event that the owner has not occupied a premises for a five- year period, then the differentialwould be prorated based on the actualoccupancy period. PART 7: WATER LEAK ADJUSTMENT 7.L (a) General eligibility Residential, not-for-profits and institutional customers who experience a leak that results in consumption a minimum of two times their average monthly bill may be el¡gible for a red uction in the amount owing where the excess consumption occurred due to an unexpected failure, leak, or othersuch mishap within the plumbingsystem of the premises which in the sole discretion of the Director was accidental and could not be foreseen, results in water being consumed but not otherwise used by the customer, and has been immediately upon discovery by the customer been remedied. A reduction under this section shall not apply to any water leaks in the water service pipe, or to commercial, industrial and income producing residential rental property owners. No person may claim relief underthis section without completingthe Water Leak Adjustment Request Form. (b) L4 (c) 7.2 a) b) c) d) 7.3 a) b) c) d) Water Leak Adjustment Procedure provides limited financial relief to eligible customers to address abnormally high water and wastewater bills associated with plumbing failures. Though the customer is responsible to repair leaks on service plumbing, the Municipality recognizes that a high water/wastewater bill resulting from an unintentional water leak can presentfinancial hardship to a customer. This procedure is an opportunity to educate consumers about the impact of water leaks while partially mitigat¡ng the financial impact of the increased water consumption. Required Steps An adjustment may occur only after all leaks have been repaired and verified with an actualwater meter read bythe Municipality. Obtainingan actual meter readingmay be necessary, wíthin a minimum of two weeks, to verify whether Leaks have been repaired and usage has returned to normal. Reasonable efforts (including hiring a plumber) to locate the Leak and initiate repairs must be taken by or on behalf of the customer within 120 calendar days after of the initial notification of increased water usage is provided to the customer by the Municipality wither in the water billing demonstrating higher than historical average consumption, or a written notice or courtesy phone call delivered to the owneroroccupantoutliningthepotentialofaleak. TheMunicipalityisnotobligated to provide any more notice of a potential leak exceptthat afforded in a water bill and the water user shall be responsible for initiating the process of obtaining relíef. The customer must complete in fullthe Water Leak Adjustment Request Form and provide documentation of repairs made prior to being approved for an adjustment within 12O calendar days after the date of final repai(s). There is no extension of the due date or the time for paying water and/or wastewater bills because of a pending adjustment request. Customers are advised to paythe entire amount due with the normal payment period or enter into payment arrangements for the excessive amount in order to remain in good standing on all current billings. Reimbursements will only occur when an adjustment request is granted, and may incur interest incurred on payments. Water/Wastewater - conditions of leak adjustment Leak adjustments are at the discretion of the Director and are intended to be granted once during the period a customer obtains water at any one premises. Adjustments will only be for a maximum adjustment period of 24O calendar days (12O calendar days prior and 120 calendar days after the initial notification of the increased water usage provided to the customer. Water usage must exceed monthly usage by two times (2OOo/o) the average usage over a similar period from the previous year.lf insufficient history is available forthe user, meter readings obtained prior to the leak for which an adjustment is requested and after the leak has been corrected will be used to determine normal usage for the adj ustment calcu lation. The formula for calculating a leak adjustment shall be as follows: Total amount owing for water/sewer payments during the leak period (-) minus average monthly usage (determined as per 7.3 (a) or (b) (X) times the applicable water and sewer rate prorated during the leak period (-) minus administrative charges payable monthly as per fees and charges by-law (-) minus monthly unit charges if applicable (-) minus tap in, service fees, late charges where applicable (=) equals the total calculated leak adjustment. The Total Calculated Leak Adjustments for not-for-profits and institutional customers shall be capped at $5,OOO (maximum combined water and wastewater adjustment). There is no adjustment cap for residential customers. Leak adjustments are at the discretion of the Director and will not be granted if usage above the customer's average monthly consumption is due to watering sod, gardening, fillingswimming pools, spas orwhirlpools, washingvehicles, sump pumps with water powered back up and similar use of water knowingly by the customer; e) 15 f) e) Water loss due to theft, vandalism, construction damage or a leak caused by a third party from whom the customer is able to recover costs is the responsibility of the customer. ln the case of theft the Municipality will attempt to recover water use costs if possible where a charge is laid for which the Town is participating. Where a dwelling and/or building is Unoccupied and/or Vacant for 72 hours or more, customers have the responsibilityto ensure the dwelling's condition does not contribute to a failure of the plumbing system including but not limited to ensure heating is maintained. The Director may not approve a leak adjustment for a plumbing maintenance issue in an unoccupied or vacant dwelling where it is determíned that heating was not maintained or other maintenance was not conducted. For extended absences, it is recommended customers considershutting off the water supply (except where water is used for heating) and draining all the pipes and appliances. Water users shall be responsible for monitoringwater consumption by readingtheir own meter from time to time with a view to correcting any leaks before excessive billing becomes a problem. The Municipality will identify potential leak or heavy usage periods on the water user's bill as a courtesy only and is under no obligation to follow up or advise the customer during the billing period that a leak is apparent with their system. lmmediately upon determining a leak is present, the owner or water user shall take action as soon as practical to correct the problem, and any leak adjustment may be reduced or eliminated atthe discretion of the Director if the water user, owner or tenant as the case may be does not take such immediate actions to correct a leak. PART 8: CROSS CONNECTIONS AND BACKFLOW PREVENTION 8.1 Protection from Contamination No person shall connect, cause to be connected, or allow to remain connected to the waterworks distribution system any piping, fixture, fitting, container or appliance, in a manner which under any circumstances, may allow water, waste water, non-potable water, or any other liquid, chemical or substance to enter the water works distribution system. ln summary, "protection from contamination" shall be provided in accordance with the requirements of hhe Ontario Buildin! Code Act, 7997, and its regulations. 8.2 lnspection for cross connections - access Any person authorized by the Municipality for that purpose has free access, at all reasonable times, and upon reasonable notice given and request made, to all pafts of every building or other premises to which any water service pipe is supplied for the purpose of inspecting or repairin g, or of altering or disconnecting any water service pipe, wire, rod or cross connection within or outside the building. 8.3 Access to be provided on written not¡ce Where access is not provided, a written notice bythe Municipality will be issued allowing fourteen (14) days to provide access. lf access is not provided within this time frame, the Municipality may, at its discretion, shut off the supply of water to the premises until such time as the access is provided. Where in the opinion of the Director access to a cross connection is needed to protect publíc health and safety, access may be requested with less than fourteen (14) days' notice but no less than 48 hours' notice. 8.4 Order to install control device lf a condition is found to exist which is contrary to section 8.1 of this by-law, the Municipality shall immediately carry out an inspection and shall issue such order or orders to the customer as may be required to obtain compliance with section 8.1 of this by-law. 8.5 Failure to install - notice - water shut-off lf the customer to whom the Municipality has issued an order to comply with cross 16 connection requirements fails to comply with that order, the Director or designate, at h is/her d iscretion, may: (a) Give notice to the customer to correct the fault, at his/her expense, within a specified time period and, if the notice is not complied with, the Director or designate may then shut off the water service or services; or (b) Without prior notice, shut off the water service or services. 8.6 Additional device on service Notwithstanding sections 8.1, 8.4 and 8.5 of this by-law, where a risk of possible contamination of the water works distribution system exists ín the opinion of the Director or designate or an approved authority, a customer shall, on notice from the Municipality, install on a water service pipe at his/her sole cost and expense a cross connection control device, approved bythe Municipality, in addition to any cross connection control devices installed in the customer's water system at the source of potential contamination. 8.7 lnstallation to required standards Cross connection controlor backflow prevention devices, when required bythe Municipality, shall be installed in accordance with the Ontario Building Code and "Manual for the Selection, lnstallation, Maintenance and Field Testing of Backflow Prevention Devices"- As amended from time to time 8.8 lnspection and testing - paid by customer All cross connection control devices shall be inspected and tested at the expense of the customer, upon installation, and thereafter annually, or more often if required by the Municipality, by personnel approved by the Municipality to carry out such tests to demonstrate that the device is in good working condition. The customer shall submit a report on a form approved by the Director or designate of any or all tests perlormed on a cross connection control device within fourteen (14) days of a test, and a record card shall be displayed on or adjacent to the cross connection control device on which the tester shall record the address of the premises, the location, type, manufacturer, serial number and size of the device, and the test date, the tester's initials, the tester's name (if self employed) or the name of his employer and the tester's licence number. 8.9 Failure to test device - notification - water shutoff lf a customer fails to have a cross connection control device tested, the Director or designate or approved authority may notifythe customerthatthe cross connection control device must be tested within four (4) days of the customer receivinS the notice. lf the customer fails to have the device tested within the time allowed, the Director or designate may shut off the water service or water services until the cross connectíon control device has been tested and approved as required by section 8.8 of this by-law. 8.10 Repair - replacement - by customer When the results of a test referred to in section 9.8 of this by-law show that a cross connection control device is not in good working condition, the customer shall make repairs or replace the device within four (4) days. lf a customer fails to repair or replace the device within the time allowed, the Director or designate may shut off the water service until such repair or replacement has been made. S.LL Removal of device - permission by Municipality No person shall remove any cross connection control or backflow prevention device installed as a requirement of provincial legislation without written permission of the Municipality notwithstandingthat applicable provincial regulation may have been rescinded. 8.12 lnstallation of Backflow Prevention Devices Every person installing a backflow prevention device shall ensure such device: a) is installed according to manufacturer's specifications and the requirements of the applicable CSA Standard; for reference purposes see Schedule "8". L7 b) is located in such a manner so that in the event of backflow the device prevents contamination of the Town's water supply and any other potable water systems; c) is located, when installed in respect of premise isolation, within a maximum of 3.O metres downstream of the water meter, except where circumstances require the device to be installed upstream of the water meter and such location is to the satisfaction of the Town; d) is installed in respect of premise isolation, all piping between the water meter and such device is clearly labelled "no connection permitted"; e) where installed in respect of source or zone isolation that all piping between the point of contamination and the point at which the device is located is clearly labelled "non-potable water". Every owner of property upon which a backflow prevention device is installed shall ensure that such device is in proper working order at all times. 8.13 Testing of Devices a) Every owner who has a backflow prevention device located on his or her property shall ensure that: i.such device is tested by a qualified person when it is first installed and annually thereafter, when requested by the Town, and also when it is cleaned, repaired, overhauled or relocated; ii.a test report is provided to the Town within 14 days of the test being conducted; iii.in the event that such device is malfunctioning or otherwise not in proper working order, the device is immediately repaired or replaced; and iv.in the event that the water supply to the device cannot be shut down in order to facilitate annual testing, a by-pass shall be installed around the device with a suitable backflow prevention device installed in the by-pass to allow for annual testing of both devices. b) Every person who tests a backflow prevention device shall carry out such testing in accordance with this by-law, the CSA Standard and all applicable legislation and comply with the following: i. provide a legible test report to the owner in respect of such test; ii. upon completing such test, complete and affix a test tag to the device or immediately adjacent to the device on the piping connected thereto; and iii upon finding that such a device is malfunctioning or otherwise not in proper working order, immediately notify in writing the owner of the premise and the Town of such condition. PART 9: INSPECTIONS 9.1Access at Reasonable Times The Town may, at any reasonable time, enter onto any property, building or structure to inspect for compliance with any section of this by-law so long as required notice is given. When carryingout an inspection pursuant to this Section the Town may: (a) require production for inspection all documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and (d) make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 9.2 Failure to Comply with this By-law Where an owner does not comply with any provision of this by-law the Town may: (a) orderthe ownerto complywith the by-law requirements, and in so doing, shall provide reasonable particulars of the owner's non-compliance and prescribe the time period for compliance with such Order; (b) shut off the water supply to the property or any portion thereof until such time as all 18 provisions of this by-law are met. (c) pursue a charge underthe applicable enforcement provisions included in this bylaw;or (d) take any other remedy deemed necessary by the Municipality and is compliant with applicable law, municipal codes and other legislation. PART 10: WATER CONSERVATION 1O.1 Reference to other bylaws The Municipality shall encourage conservation of water by ensuring compliance with this bylaw, By-law Number 99-46 and/or subsequent bylaws related to water conservation. PART 11: TEMPORARY SERVICE LINE oT FROZEN SERVICE LINE tl.t Refer to The Municipality's Policy The Municipality shall address temporary services and frozen lines in accordance with the terms of this bylaw and the applicable policy of the Town with a view to ensuring fair and reasonable access to water PART 12: PROHIB¡TIONS L2.L Prohibitions under this by-law No person shall: (a) wilfully hinder, obstruct or interrupt, or cause or procure to be hindered or interrupted, the Municipality or any of its officers, contractors, agents, servants or workers, in the exercise of any of the power conferred by this by-law; (b) wilfully waste or discharge water so that the water runs useless out of the works; (c) being a customer, tenant, occupant or inmate of any house, building or other place supplied with water from the waterworks, improperly waste water or, without the consent of the Municipality, lend, sell, or dispose of the water, give it away, permit it to be taken or carried away, use or apply it to the use or benefit of another, or to any use and benefit other than his own or increase the supply of water agreed for; (d) without lawful authority wilfully open or close any valve or hydrant, or obstruct the free access to any hydrant, stopcock, valve, chamber or pipe. (e) introduce, throw or deposit any injurious or offensive matter into the water or waterworks, or in any wayfoul the water or commit any wilful damage or injuryto the works, pipes or water, or encourage the same to be done; (f) wilfully alter any meter placed upon any service pipe or connected therewith, within or without any building or other place, so as to lessen or alter the amount of water registered; (Ð lay or cause to be laid any pipe or main to connect with any pipe or main of the waterworks, or in any way obtain or use the water without the consent of the Municipality: (h) use any water outside the water distribution system contrary to this bylaw and applicable municipal policies and procedures; (¡) operate a fire hydrant except as authorized by the Municipality; U) tamper with water distribution systems; (k) disconnect or reconnect to the Town water system without required approvals of the Municipality; (l) expose water system to contamination of any kind including neglecting to install a back flow prevention device; (m) improperly install a back flow prevention device in accordance with applicable standards and codes; (n) remove any cross connection control or backflow prevention devices installed as a requirement of provincial legislation (o) disconnect either the inlet or outlet of a water meter servicing any building without the approval of the Director or designate a9 (p) fail to disconnect an alternate water supply upon connecting to municipal water d istribution services; fail to comply with any other requirement of this bylaw including but not limited to paying applicable fees and charges, obtaining all written permissions and approvals, providing access for testing, and monitoring as needed, maintaining and repairing and similar requirements designed to ensure a safe and reliable water system. (q) PART 13: ENFORCEMENT 13.1 Contravention Any person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act and as set out in Schedule "A" Set Fines. L3.2 Continuation - repetition - prohibited - by order The court in which the conviction has been entered, and any court of competentjurisdiction thereafter, may make an order prohibitingthe continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty on the person convicted. 13.3 Offence - additional- damage to watenrorks Every person who, by act, default, neglect or omission occasions any loss, damage or injury to any water public utility works, or to any waterworks plant, machinery, fitting or appurtenance thereof is liable to the Municipality therefore. t3.4 Offence - additional - wilful damage Every person who wilfully or maliciously damages or causes or knowingly suffers to be damaged any water meter, lamp, lustre, water service pipe, conduit, wire, rod or water fitting belonging to the Municipality or wilfully impairs or knowingly suffers the same to be altered or impaired, so that the water meter indicates less than the actual amount of the water that passes through it, is guilty of an offence and on conviction is liable to a fine, to the use of the Municipality, and for any expenses of repairing or replacingthe water meter, lamp, lustre, water service pipe, conduit, wire, rod or fitting and double the value of the surplus water so consumed, all of which is recoverable underthe Provincial OffencesAct, as amended. 13.5 Offence - additional- injuring wateryvorks Every person who wilfully removes, destroys, damages, fraudulently alters or in any way injures any water service pipe, conduit, wire, rod, pedestal, post, plug, lamp or other apparatus or thing belonging to the Municipality is guilty of an offence and on conviction is liable to a fine, to the use of the Municipality, and is also liable for all damages occasioned thereby, which are recoverable under lhe Provincial Offences Act, as amended. 13.6 Validity and Severability ln the event that any provision of this by-law is declared by a court of competentjurisdiction to be invalid, the same shall not affectthe validity of the remaining provisions of this by-law. PART 14: BYj-AWS REPEALED All by-laws, or provisions or any other by-law inconsistent with this by-law, are hereby repealed. PART 15: EFFECTIVE DATE This by-law shall come into force and take effect on the day of the final passing thereof. 20 Read a first, second, third time and passed in open Council this 24th of January,2OL7 . C.A.O. Clerk BillWhite r 2t