Storm Water Utility Bylaw No. 5733

Moose Jaw, Saskatchewan · No. 5733 · summary & facts

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BYLAW NO. 5733 STORM WATER UTILITY BYLAW THE MUNICIPAL COUNCIL OF THE CITY OF MOOSE JAW ENACTS AS FOLLOWS: PART I-INTERPRETATION Title 1. This Bylaw may be cited as Storm Water U+ili+y Bylaw. Purpose 2. The purpose of this Bylaw is to: (a) regulate the collection/ transmission/ treatment and disposal of storm water; (b) regulate direct and indirect discharges into any part of the s+orm water system; (c) prevent damage +o or misuse of any part of the s+orm water system; (d) protect human health and safety and the environment; (e) establish terms and guidelines for the City's s+orm water system; and (f) set charges for all properties benefiting from the City's s+orm water system. Definitions 3. In this Bylaw: (a) "bylaw enforcement officer" means a bylaw enforcement officer appointed by the Ci+y; (b) "City" means The Ci+y of Moose Jaw; (c) "City Utility Account" means on agreement between on owner and the Ci+y for the supply of utility services/ obtained in accordance wi+h Schedule "A" of this Bylaw/ of which the terms of this Bylaw shall form a part and includes the amounts payable from time to time by the owner to the Ci+y; (d) "notice of violation" means a document issued by the Ci+y pursuant +o The dfies Act that alleges a bylaw offence and provides a person with the opportunity to pay an amount to the City in lieu of prosecution for the offence; (e) "owner" means the owner of a property; (f) "property" means a parcel of land in the City/ including any buildings; (g) "service connection" means "service connection" as defined in The Cities Act, SS 2002, c C-11.1; (h) "storm wafer" means all runoff water, including without limitation, ground water/ roof and foundation drainage, and unpolluted industrial water and cooling water; (i) "storm water management charge" means the charge prescribed in Schedule "A" +o this Bylaw; (j) "storm water system" means Ci+y-owned facilities for the collection, +ransmission/ trea+ment and disposal of storm water, including but not limited to mains, ditches, channels, ca+ch basins, wet and dry water ponds, constructed wetlands/ pumping stations and outfalls; (k) "summons ticket" means a summons ticket as defined in The Summary Offences Procedure Act 1990; and Public Utility Service 4. The storm water system is deemed to be a public utility service wi+hin the meaning of The Cities Act. Delegation of Authority 5(1) The administration and enforcement of this Bylaw is hereby delegated to the City Manager or their designate. (2) The Ci+y Manager is authorized to further delegate the administration and enforcement of this Bylaw. Part I] -STORM WATER SYSTEM REGULATION General Prohibitions 6(1} No person shall discharge, permit or cause +o be discharged in+o the s+onn water system any material except in accordance with the provisions of this Bylaw. (2) No person shall make, alter or remove, or permit the making, al+era+ion or removal of any service connection to the storm water system without written approval from the Ci+y. (3) No person shall discharge/ permit or cause to be discharged into the storm water system any material unless permitted to do so under any Federal or Provincial Segislation. (4) No person shall discharge, permit or cause to be discharged in+o the s+orm water system: 2 (a) any strotified water having two or more separate liquid layers; (b) domestic or non-domes+ic wastewa+er; (c) liquid or vapour having a temperature greater than 65 degrees Celsius; (d) pesticides, insecticides/ herbicides orfungicides; (e) ashes, cinders, sand, stone or any other solid or viscous substance which may impair the operations and main+encfnce of the storm water system; (f) solid matter larger than 12.5 mm in any dimension; [g] water or waste having a pH lower than 5.5 or higher than 9.5; (h) any noxious or malodorous substance capable of creating a public nuisance; (i) any water or waste containing a toxic or poisonous substance, or a waste which/ when combined wi+h another waste/ may cause toxic or poisonous substances to be liberated; (j) any pefroleum-basecf mo+erials including/ for example, gasoiine, oil or diesei fuel/ or any corrosive or explosive substance; or (k) water from swimming pools or hot tubs. Emergency Discharge 7. Notwithstanding subsection 6(3), the Ci+y may make such discharges in an emergency. Part III - STORM WATER MANAGEMENT CHARGE Storm Water Management Charge 8. Except as set out in section 9/ each property in the Ci+y shall pay a monthly storm water service charge to the Ci+y in accordance with Schedule "A" of this Bylaw. Exempt Properties 9(1} The storm water management charge does not apply +o the following property types: (a) City-owned streets, roadways or spur-lines; (b) Cemeteries; (c) Parks; (d) Community Gardens; and (e) other properties if the property owner can demonstrate that the property does not contribute directly or indirectly to the s+orm water system, a+ the discretion of the City Manager. (2) If the owner of a property seeks an exemption pursuant to subsection (1)/ the owner may apply to the Ci+y/ in writing/ for a determination as to the opplicabili+y of the storm water management charge. (3) Upon receipt of a request for an exemption, the Ci+y Manager shall review the request and notify the person who requested the review of the result and their decision/ in writing. (4) The City Manager may revoke an exemption granted under this Bylaw at any time/ wi+h notifica+ion to the affected owner in writing. (5) The decision of the City Manager under this Bylaw is not subject to review by an owner. Offences 10. A person who breaches any provision of this Bylaw is guil+y of an offence. 11. A person who is guil+y of an offence is liable to a fine in an amount not less than that established in Schedule "B" to this Bylaw and not exceeding $10,000.00. 12. Any person who causes damage to or interferes wi+h the s+orm water system is guilty of an offence. Notice of Violation 13. A bylaw enforcement officer is hereby authorized and empowered to issue a notice of violation to any person whom the officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. 14. The notice of violation may be served: (a) in the case of an individual, i. personally to the individual; ii. by registered mail to the individual at their apparent place of residence or at any address for the individual on the tax roll of the Ci+y or a+ the Land Titles registry; or by leaving it for the individual at their apparent place of residence with someone who appears +o be a+ least 1 8 years of age. (b) in the case of a corporate entity, i. personally to any director or officer of the corporate entity; ii. personally to a person apparently in charge of an office of the corporate en+i+y at an address held out by the corporate entity to be i+s address; or iii. by registered mail addressed to the registered office of the corporate entity. 15. The notice of violation shall be in a form approved by the Ci+y Manager and shall state at minimum: (a) the name of the person +o whom the notice of violation is issued; (b) the particulars of the con+raven+ion under this Bylaw; (c) the penalty imposed for the offence as specified in Schedule "B" of this Bylaw; (d) that the penalty must be paid within thirty clear days of the issuance of the notice of violation in order to avoid prosecution; and (e) any other information os may be required by the Ci+y Manager. 16. Where a notice of violation has been issued pursuant to this Bylaw, the person to whom the notice of violation has been issued may, in lieu of being prosecuted for the offence, pay to the City the mone+ar/ penalty specified on the notice of violation. Prosecution 17. If a notice of violation has been issued and the penalty not paid wi+hin the prescribed time, a bylaw enforcement officer may issue a violation ticket pursuant to the Summary Offences Procedure Act to the person to whom the notice of violation was issued. 18. Nothing in this Bylaw shall prevent a bylaw enforcement officer from immediately issuing a summons ticket to any person whom the bylaw enforcement officer has reasonable and probable grounds +o believe has contravened any provision of this Bylaw. 19. If a summons ticket is issued in respect of on offence, the summons ticket may: (a) specify the fine amount established by this Bylaw for the offence; or (b) require a person +o appear in court without the alternative of making a voluntar/ payment. 20. A person who commits an offence may: (o) if a summons ticket is issued in respect of the offence; and (b) if the summons ticket specifies the fine amount established by this Bylaw for the offence; make a voiunfar/ payment by submitting to the City, on or before the ini+iai appearance date indicated on the summons ticket, the specified penalty set out on the summons ticket. Discontinuance and Removal of Public Utility 21 [1] The Ci+y may, in accordance wi+h section 23 of The Cities Act, disconnect a property from the storm water system if: (a) any storm water management charges for the property remain unpaid; or (b) the owner of the property is in violation of this Bylaw; and reasonable notice of the City's intention to discontinue the storm water services is provided. (2) A designated officer from the Ci+y may enter any property for the purpose of disconnecting a property from the storm water system. Default on Payment 22. If a person defau!+s on payment of a Ci+y utility account that is due and payable based on the rates as described in this Bylaw, or on payment of on account due and payable for anything done by the Ci+y pursuant to this Bylaw, the Ci+y Manager may enforce the coilec+ion of an overdue amount by whatever method is deemed most appropriate. Coming into Force 23. This Bylaw comes into force on the 1 st day of August 2025. READ a first time this 23rd day of June 2025. READ a second time this 23rd day of June 2025. Read A THIRD TIME AND PASSED this 28th day of July 2025. //--^M _ ^Z^SlL M/YOR ' ' ' Clf^6LERK SCHEDULE "A" Rates and Accounts Rates 1. The monthly s+orm water management charge shall be: $9.80 Accounts 2. Unless exempted under section 9 of the Bylaw/ an owner of a property subject to the storm water management charge shall have a Ci+y utility account for the property. 3. The City may open a City utility account for an owner of a property subject to the s+orm water management charge that does not have an existing account. The City shall notify the property owner by writing of the account opening. 4. The City will add the s+orm water management charge to an owner's Ci+y utility account for the specific property. SCHEDULE "B" Fine Schedule Sections 6(2) 6(4) Offence Make/ alter, remove or permit the making, alteration or removal of a of a service connection to the s+ormwater system wifhout approvcfl Discharge, permit or cause to be discharged a prohibited substance into the storm water system Specified Penalty - Notice of Violation $500.00 $500.00 Specified Penalty $500.00 $500.00