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1itk
Act
Backwater
Valve
Building
Inspector
-
'
CITY OF PRINCE ALBERT
BYLAW NO. 11 OF 1995
A Bylaw of The City of Prince Albert respecting the management of
the Storm Drainage System.
WHEREAS Council may provide for the regulation and operation of the Storm Drainage System of
the City as a public utility seiVice;
AND WHEREAS Council may establish the terms under which a public utility system for the
collection, transmission aud disposal of storm drainage may be supplied and provide for any charges to be paid in
connection therewith;
AND WHEREAS The City of Prince Albert bas established a system for the collection, transmission
and discharge of storm drainage;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF PRINCE ALBERT IN OPEN
MEETING ASSEMBLED ENACfS AS FOLLOWS:
SHORT TITLE
1.
This Bylaw shall be known as the "Storm Sewer Bylaw."
DEFINITIONS
2.
(a)
(b)
(c)
In this Bylaw:
"Act" means The Urban Municipality Act, 1984.
"backwater valve" means a valve that permits llow in oue direction but prevents a return Oow which
is designed for use in a building storm sewer.
"Building inspector" means that person appointed as Building Inspector for The City of Prince Albert
and anyone authorized to act on his behalf &om time to tin1e by resolution of Council and anyone
acting or authorized to act on the Building Inspector's behalf.
BYlAW NO. II OF 1995
PAGE 1
.. .
Building
Stonn Sewer
City Engineer
Connections
Bylaw
Council
Custom Work
Order Policy
Dil'f!:Ctorof
Finance
Drainage
System
Natural Outlet
Premises
(d)
(e)
(f)
(g)
(h)
(i)
(k)
(1)
(m)
"building storm sewer' means that part of the lowest horizontal piping of a drainage system which
recoives storm water and all other drainage pipes conveying storm water from the premises to the
storm sewer connection.
"City" means The City of Prince Albert.
"CiJy Engineer" means the City Engineer for the City and anyone acting or authorized by the City
Commissioner or City Engineer to act on behalf of the City Engineer in the administration of the
responsibilities under this Bylaw.
"Connections Bylaw" means the Connections Bylaw of The City of Prince Albert, being Bylaw No. 12
of 1995, or such Bylaw or Bylaws as may be substituted therefor from time to time.
"Council" means the Council of the City.
"Custom Work Order Policy" means the estimation of the value of work performed by City forces or
on behalf of the City that is calculated by the City Engineer to constitute the standard charge Cor all
work of a similar nature which is deemed to reflect the actual cost to the City of labour, equipment,
material used, all applicable taxes, plus an administration fee equal to 15 percent or the value of the
cost; the invoicing for the work performed on the basis of the standard charge, crediting any deposit
which the City Engineer may have required to be paid and the requirement of the person making the
deposit to pay any balance owing.
"Director of Finance" means the City Treasurer or the Director of Finance for the City and anyone
acting or authorized by the City Couli!lissioner, the City Treasurer or the Director of Finance to act
on behalf o( the Director of Finance.
"drainage system" means an assembly of pipes, fittings, fixtures, traps and appurtenances that arc used
to convey stom1 water to a building storm sewer.
"natural outlet" means any outlet into a ditch, watercourse, pond, lake or other body of surface or
ground water.
"premises" means any real property or building.
BYlAW NO. 11 OF 1995
PAGE 2
Sewage Works
System
Stomr
Drainage
Area
Storm
Drainage
Services
Storm Sewer
Connection
Stonn Water
Storm
Drainage
Syst4m
(n)
(o)
(p)
(q)
(r)
(s)
"Sewage Works System" means the whole or any part of the equipment by which or through which the
City collects and disposes of sewage, whether or not same is owned or under the control of the City,
and the improvement, extension and replacement of such equipment, the sewer mains, manholes,
sewage lift stations, force mains, all other related appliances and appurtenances as are designed to
form a part thereof and the treatment processes by which sewage is treated by or on behalf of the City
before discharge into the environment.
"storm drainage area" means a part of the land within the boundaries of the city that is included in an
area designed by the City Engineer to have the storm water drained into a portion of the Storm
Drainage System.
"stonn draiJuzge services" means aU aspects of services to owners supplied pursuant to this Bylaw
through the Storm Drainage System.
"stonn sewer connection" means that part of a drainage system connecting the building storm sewer to
the storm sewer main of the Storm Drainage System.
"stonn water' means rainwater or water from the melting of snow or ice.
"Stonn Drainage System" means an assembly of pipes, fittings, fixtures, traps, catch basins, storm sewer
mains, channels, backup facilities, outfalls and aU other facilities of the City designed for the
collection, transmission and disposal of storm water.
INTERPRETATION
lnlerpretorion 3.
(1)
Unless the context otherwise requires, subject to Section 2, terms and expressions used in this
Dylaw shall have the same meaning as in the Act.
(2)
All words, either in this Bylaw or in tho Schedules hereto, shall be interpreted to include a
corporation or partnership or such number and gender as the context may require. Marginal notes and headings shall
not be given any eiTect in determining the proper interpretation of this Bylaw.
LIMITATION OF LIABILITY
No Liability
4.
(1)
Storm drainage services sbuU only be supplied oo the condition that the owner of premises served by
the Storm Drainage System shall make no claim against the City, its ofCicials, employees or agents except with respect
to damage caused by the negligence of the City, its officials, employees or agents acting witbin the scope of tucir
BYIAJV NO. 11 OF 1995
PAGE 3
Indemnifi-
cation
employment, as the case may be. It is a further condition of supply that the applicant shall make no claim for any
indirect, incidental or consequential damages, including, but not limited to, lost profits. Not to limit the generality
of the foregoing, the City shall not be liable for:
(2)
(a)
actions based in nuisance;
(b)
actions in respect of losses which reasonably have been prevented by a properly maintained
backwater valve; or
(c)
actions in respect of losses related to the interruption or termination of drainage services or
failure or refusal to provide drainage services whether or not notice was provided.
Storm drainage services supplied by the City through the Storm Drainage System to an owner shall
only be supplied on the condition that the owner shall indemnify and save harmless the City, its officials, employees
and agents in respect of all claims arising by reason of drainage services provided to the owner, excepting those claims
caused by negligence as descnbed in Subsection (1). Not to limit the generality of the foregoing, the owner shall
indemnify and save harmless the City, its officials, employees and agents from and against claims for damages by the
applicant or any third party arising directly or indirectly:
(a)
from the connection with the Storm Drainage System or the provision of storm drainage
services to the premises of the owner;
(b)
from the failure of the Storm Drainage System, tbe storm sewer connection or any part
thereof or appurtenance thereto; or
{c)
from the absence or improper operation of a backwater valve.
ADMINISTRATION
Responsibility 5.
(1)
The Storm Drainage System, its operation, maintenance, repair and replacement shall be under the
of City
Engineer
Designation
of Rlghrro
Manipu/11/e
System
general direction and control of the City Engineer. The installation and construction of the Storm Drainage System
or other works in connection therewith shall be under the general direction and control of the City Engineer. TI1e City
Engineer shall keep full descriptions of all works constructed and forming part of the Storm Drainage System. The
system for draining storm water as described on the plans filed in the department of the CiLy Engineer is hereby
adopted as the configuration of storm water drainage for the City.
(2)
No person other than the City Engineer, a City employee acting in the course of his duties or a
contractor authorized by the City Engineer shaU uncover, tamper with, attach or detach any line or pipe or otherwise
manipulate any portion of the Storm Drainage System.
BYLAW NO. ll OF 1995
PAGE4
Application
for Stonn
Drainage
Services
Tenninarion
of Service
I rnerruption
Due ro Works
I nJerruprion of
Service
APPLICATION FOR STORM DRAINAGE SERVICES
6.
No storm sewer connection shall be made with a storm sewer main or any part of the Storm Drainage
System unless a storm drainage plan shall have been first approved pursuant to the Connections Bylaw. Every owner
required by the Connections Bylaw to have a development on his land served by the Storm Drainage System shall
submit a storm drainage plan in accordance with the Connections Bylaw.
TERMINATION OR INTERRUPTION OF SERVICE
7.
(1)
The City may limit or discontinue the furnishing of storm drainage services. refuse to supply storm
drainage services at any premises or to limit the hours during which any person may use storm drainage services:
(2)
(a)
by reason of works undertaken by the City;
(b)
in circumstances where a new storm sewer connection is required under the Connections
Bylaw; or
(c)
in tile exercise of discretion by Council or tho City Engineer where the circumstances are such
that, in its or his opinion, the public interest may so require.
If storm drainage services are interrupted pursuant to Subsection (l )(a), such attempt to notify the
owner of the premises affected by the intended interference snail be made as, in the opinion of tile C ity Engineer, is
reasonable in the circumstances. Except as otherwise provided in this Bylaw, in any other case, the termination or
interruption of drainage services may be effected without notice.
(3)
If storm drainage services are interrupted by reasons unknown or frozen storm sewer connection, the
City Engineer shall ascertain if the place of the failure is between the storm sewer main and the property line of the
street abutting the premises to which storm drainage services are provided. In the event that the place of the
interruption is so situate, he shall take such action as he deems reasonably necessary to remedy the failure or
interruption. Should such action require the installation of an automatic device requiring a power supply, it shall be
a condition of continued supply of storm drainage services to the premises tllat the power supplied be provided without
cost to the City.
Protection
( 4)
Against Injury
The owner and occupant of premises served with storm drainage services shall, at his own expense,
ensure that:
(a)
all storm sewer connections, related Storm Drainage System appliances, pipes and fi.x<urcs
between the City's storm sewer main and the premises at which storm drainage services are
supplied arc kept in good maintenance and repair, excepting for any portion thereof lying
between tbc slorm sewer main and the property liue abutting the premises to which the stom1
BYlAW NO. 11 OF 1995
PAGES
Repair of
Connection
Tennination
for Breach
Termination
for Breach
(5)
drainage services are provided; and
(b)
the storm sewer connection, valves, pipes and other storm drainage services appliances of the
Storm Drainage System upon the land served to the property line of the street abutting the
premises to which storm drainage services are provided are protected against damage from
tampering, frost and other source of damage.
If, after receiving notice from the City Engineer to repair or protect the property referred to in
Subsection (4), the owner or occupant fails to effect such repairs satisfactory to the City Engineer within the time
allowed in the notice, the City Engineer may enter upon the premises and complete the necessary repairs with City
forces or otherwise. The owner and occupant shall be jointly and severally liable to pay the cost of the repairs,
calculated pursuant to the Custom Work Order Policy.
(6)
Storm drainage services may be discontinued or restricted to any premises, and the City may refuse
to provide storm drainage services thereat when the owner has failed to ensure that there is no breach of the terms
under which storm drainage services are supplied, construction of storm drainage services deviates from a storm
drainage plan approved by the Building Inspector or the City Engineer or an alteration has been made to site drainage
deviating from an approved storm drainage plan without the prior written approval of the Building Inspector or the
City Engineer.
(7)
Storm drainage services may be discontinued to any premises in the event of breach or non-compliance
with the terms under which storm drainage services arc supplied. The City may refuse to resume supply or refuse to
provide storm drainage services to any premises until the owner complies with the term which was not complied with.
ACCESS TO PREMISES
Designation
8.
of Righi of
(1)
The City Engineer is authorized to have free access at all reasonable times to those parts of premises
Accesr
Designation
Under 187(5)
oftMAct
to which drainage services are or have been provided that he considers necessary to fulfil the duties arising from the
provision of drainage services, whether or not drainage services are actually being supplied at the time access is
required. As evidence of his authority, tbe City Engineer and any person acting on his instruction who requires access
to fulfil such instructions shall produce a City of Prince AJbert identification card.
(2)
The City Engineer, City employee or person City acting under the direction of the City Engineer shall
have the right at all reasonable times to enter any premises referred to in Subsection (1) for any purposes set (orward
in Section 1 87(5) of the Act.
USE OF STORM DRAINAGE SERVICES
Roo/Drainage 9.
The roof of any building on a development for which a storm drainage plan is required pursuant to
BYlAW NO. II OF 1995
PAGE 6
Vicarious
Liability
Prohibition
Repo11ing
Blockage
Reducing
Depth of
Coveroge
Unauthorized
Connection
Hindering
Administra·
tion
the Connections Bylaw shall have a system of eaves, and down spouts from the eaves shall be constructed and
maintained to direct water to the paved or landscaped area drained pursuant to the storm drainage plan for that
development.
10.
The owner shall be liable for any breach of this Bylaw arising on his premises whether the breach was
actually committed by him or any other person, unless such breach was caused by a trespasser upon the premises so
supplied with storm drainage services.
11.
(1)
No person shall place, deposit, discharge or suffer or permit or cause to be placed, deposited or
discharged into a building storm sewer, drainage system, storm sewer connection or Storm Drainage System any liquid,
gas or substance whatsoever, excepting storm water.
(2)
Every person who has knowledge that a liquid, gas or substance has been discharged contrary to
Subsection (1) shall report same as soon as possible to the City Engineer, unless he has reasonable grounds to believe
that it has been reported to the City Engineer by another person.
(3)
In addition to any penalty which may be imposed, any person causing a partial or total blockage in
the Storm Drainage System or a storm sewer connection or causes damage by placing any liquid, gas or substance into
the Storm Drainage System or storm sewer connection causing coating, corroding or other damage shall be liable to
the City for costs of clearing such blockage, cleaning or replacing any portions of the Storm Drainage System which,
in the opinion of the City Engineer, require same.
OFFENCES
12.
(a)
(b)
(c)
Any person who:
removes or causes, su(fers or permits the removal of ground cover above any part of the Storm
Drainage System or a storm sewer connection which reduces coverage to less than 3 metres from
grade;
connects or causes the connection of any pipe or fixture for storm drainage services except in
accordance with this Oylaw;
hinders, obstructs or interferes with the City Engineer or persons acting under the instructions of the
City Engineer iu the lawful exercise of his duties under this Bylaw or The Urban Municipality Acr.
BYLAW NO. 11 OF 1995
PAGE 7
. .
ImpersonaTion
Unauthorized
Connection
No
Trespassing
Breach
Gemrally
Pe=lry
Severability
Repeal of
Bylawr
(d)
(e)
(f)
(g)
represents himself as a person designated to carry out duties pursuant to this Bylaw when not so
authorized;
connects with or terminates a connection with the Storm Drainage System or attempts to connect with
or terminate such connection;
without the consent of the City Engilleer, enters or is found within:
(i)
the Hazeldell sewage treatment facility located on the south side of Riverside Drive at 3rd
Avenue North West, Prince Albert, Saskatchewan; or
(ii)
any part of the Storm Drainage System including any manhole, stom1 sewer main, channel
or outfall; or
breaches any provision of this Bylaw;
is guilty of au offence punishable on summary conviction, except if such person is carrying out his duties as a person
authorized to do so pursuant to Section 5 or 8.
13.
Any person in violation of a prov.ision o[ this Bylaw shall be guilty of an offence and shall be liable
upon summary conviction to a fine not exceeding:
(a)
$2,000.00 in the case of an individual; or
(b)
$5,000.00 in the case of a corporation.
14.
If any section, subsection, sentence, clause, phrase or other portion of this Bylaw is [or any reason held
invalid or unconstitutional by any court of competent jurisdiction, that portion shall be dee01ed to be a separate,
distinct and independent provision, and the holding of the court shall not affect the validity o( the remaining portions
of the Bylaw.
15.
Bylaw 4 of 1994 is hereby repealed.
BYlA W NO. 11 OF 1995
PAGE 8
CITY OF PRINCE
AL.BEIIT
Saskatchewan
Ccmi'Jw IND
16.
This Bylaw shall come into force and take e(fect on, from aod after the fwnl passing thereof and the
F"'"
approval of the Minister under The Public Health Act.
INTRODUCED AND READ A FIRST TIME TillS
20th
DAY OF
A.D. 1995.
READ A SECOND TIME THIS
A.D. 1995.
20th
READ A THIRD TIME AND PASSED THIS
A.D. 1995.
DAY OF
20th
DAY OF
~
March
March
·IJ)4
MAY~ Acting CITY CLERK
APPROVED BY EXECUTIVE DIRECTOR, COMMUN ITY SERVICES OF SASKATCHEWAN BEALTB
UNDER TOE PROVISIONS OF 'rHE PUBLIC HEALTH AC'J:
DATED
Ml\ Y 10, 1995.