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TOWN OF TISDALE
BYLAW NO. 07/17
A BYLAW OF THE TOWN OF TISDALE IN THE PROVINCE OF
SASKATCHEWAN
FOR
THE
MAINTENANCE
AND
MANAGEMENT OF THE WATERWORKS SYSTEM, SANITARY
SEWER SYSTEM, STORM SEWERS AND FOR COLLECTION
OF WATER AND SEWER RATES.
THE COUNCIL of the Town of Tisdale in the Province of Saskatchewan, hereby
enacts as follows:
1. This Bylaw shall be known as the "Water and Sewer Bylaw".
2. DEFINITIONS
2.1
In this bylaw, the words: Person, Consumer, Customer are synonymous, and
mean the person or persons, organizations, corporations, etc., responsible for the
payment of charges for water and sewer services.
2.2
DIRECTOR OF PUBLIC WORKS - means the person or persons employed by
the Town in the capacity of Director of Public Works with the responsibility for
administration of the Public Works Department.
2.3
DWELLING HOUSE - means a private dwelling house, which is primarily to be
occupied by one family, and shall include a dwelling house with a basement suite,
which is accessed through a common entranceway.
2.4
DWELLING HOUSE CONSUMER - means a water consumer who owns, rents,
or occupies any such dwelling house.
2.5
INSTITUTIONAL CUSTOMER - means schools, senior housing developments,
nursing homes and the hospital.
2.6
PREMISES means:
a)
a single family dwelling house;
b)
a building used wholly for commercial or industrial purposes;
c)
a residential suite in a building used wholly or partially for
commercial or industrial purposes;
d)
a residential suite in a multi-family dwelling house, duplex, a
condominium or an apartment building; or
e)
a residential suite in a single family dwelling house.
2.7
TOWN - means the Town of Tisdale and its employees.
2.8
TOWN ADMINISTRATOR - means the Town Administrator of Tisdale or an
employee of the Town designated by the Administrator to act on behalf of the
Town.
2.9
WATER CONSUMER - includes the owner, tenant, or occupant of any real
property connected with or supplied with water through a water connection to the
water system of the Town.
Bylaw No. 07/17
Page 2
3. WATERWORKS SYSTEM
3.1
Every person who wishes to obtain water and sewer services to any premises shall
make application to the Town Office and pay all necessary fees and charges
levied by the Town of Tisdale for the installation of any service lines,
connections, meters, fittings apparatus, appliances or any other item deemed
necessary by the Town for the provision of water and sewer services.
3.2
a)
The Town may cause to be installed in the premises of every person
receiving water service, a meter to be placed upon the service pipe
connecting the premises to the Town water system.
b)
Every person shall provide, at his own expense, a suitable inside location
for a horizontal meter installation, which shall be acceptable to the
Director of Public Works, and shall provide ready and easy means of
access to said meter for examination by the meter reader and shall at all
times properly and efficiently protect the service pipes and fixtures from
frost or other injury so that the meter shall not in any way be damaged. In
case the Director of Public Works considers that any meter is
insufficiently protected from frost, he may cut off the water service until
measures to his satisfaction have been taken for its protection. Every
person shall also provide at his own expense, a place, usually on the
outside wall of his premises, where a remote read-out unit may be
installed. The location shall be convenient for the meter reader and
acceptable to the Director of Public Works.
c)
Every person desiring to receive or to continue to receive water service
shall deposit with the Town, as set out in Schedule "A", the fee for each
meter, provided that the person who paid the said Water Meter Deposit
shall be entitled to a return of the Water Meter Deposit when service is
discontinued for which the said Water Meter Deposit was paid, less any
outstanding amounts due at the time of discontinuing service.
d)
No service will be given and any existing service may be discontinued
without notice where no meter has been installed or where any meter has
been damaged or tampered with.
e)
Only one (1) meter shall be supplied for each connection to the water
system of the Town. However, the Director of Public Works may, at his
discretion, supply such additional meters as he deems necessary.
f)
Upon complaint in writing by any person receiving water service that the
meter in his premises is inaccurate, if upon examination no defect is
found, the cost of examining such meter shall be borne by the consumer
who lodged such complaint and shall be included in the next regular
account for water service rendered to such consumer.
g)
In the event that a meter when read is found to have failed to register
correctly, the amount of water consumption for the period in which the
failure is discovered, only, shall be taken to be either the same as that of
the next previous period in which the meter has registered correctly, or the
same as that of the corresponding period in the next preceding year, which
ever may be more advantageous to the consumer.
h)
All meters shall be sealed at time of installation and it shall be an offense
for any person to break the seal and/or tamper with remove or damage the
meter in any way. Where evidence of tampering with the seal or meter is
found, the person who applied for service and who is billed for service
shall be deemed responsible and be liable for any penalty, all costs
incurred to replace or repair the meter, and in addition, be charged for an
estimate of water consumed for the period since the meter was damaged,
Bylaw No. 07/17
Page 3
which estimate and period will be made by the Town Administrator and
shall not be subject to appeal.
3.3
a)
The charges to be paid by water consumers whose water service has been
turned on shall be those presently set forth in Schedule "A" hereto, or as
amended from time to time; provided, however, that the basic minimum
service fee shall be payable in every case whether or not any water is
consumed.
b)
The due date for services rendered in accordance with this Bylaw are due
and payable upon receipt. Notice of non-payment and shut off will occur
if payment is not received after Thirty (30) days of being issued. When
service is discontinued for non-payment, the said service shall not be
reconnected until all arrears and accrued penalties are paid in full. An
additional fee of Fifty ($50.00) Dollars to cover the expense of turning
off the water and Fifty ($50.00) Dollars to cover the expense of turning it
on again shall be paid prior to the service being reconnected.
c)
The collection of the charges for water service, cut-off and resumption of
such services and sums collected from customers and the supervision of
all books, accounts and other records in connection with the water service
shall be under the immediate control and direction of the Town
Administrator.
3.4
a)
No person other than a Town employee or member of the Fire Department
or a person authorized by any of them shall open, close, or interfere with
any hydrant, gate or valve connected with the waterworks system, and no
person shall in any way interfere with any stop cock, pipe, or other
waterworks appliance outside of his premises, nor shall he interfere with
any meter, whether inside or outside of his premises.
b)
No person shall turn water on in any premises or open a Town cock or
curb stop except the Director of Public Works or a person authorized by
him. When water has been turned off for non-payment of rates or for
failure to protect meters or pipes to the satisfaction of the Director of
Public Works, or for any other necessary or proper reason, no person shall
turn it on again who is not duly authorized to do so.
3.5
All expenses in connection with laying the service pipe from the street line into
any premises and repairing the same and introducing the water, shall be borne by
the owner of such premises, except the cost of placing the meter. All such work
shall be carried out to the satisfaction of the Director of Public Works and in
accordance with his instructions.
3.6
a)
For the purpose of making repairs to the mains or of connecting or
repairing service pipes or constructing extensions or new work or any
other work, the Town shall have the right to shut off the water from any
customer without notice and to keep it shut off as long as may be
necessary to enable the work to be completed. The Town shall make
reasonable efforts to notify the customer in advance.
b)
Subject to paragraph 3.6. a) hereof, the Town shall have the right to limit
the amount of water furnished to any customer, upon reasonable notice to
the customer of such intended action.
c)
The Town shall have the right by resolution to regulate the use of water
for fountains or jets, hoses, or sprinklers, or to limit the hours for using the
same.
3.7
a)
Every customer intending to vacate any premises supplied with water from
the waterworks system or who intends to discontinue the use of such water
shall, shall give notice of the same to the Town and shall turn off the main
valve on the outside of the building before leaving.
Bylaw No. 07/17
Page 4
b)
There shall be a Fifty ($50.00) Dollar fee charged to consumers for
discontinuance and reconnection of water service on a seasonal basis.
c)
There shall be no charge for turning water service off and on at the request
of a plumber or home owner where the premises requires plumbing
repairs, and the Town does not lose utility revenues.
3.8
a)
In the event of the freeze-up of a water service line between a building and
a water main, the Town will thaw the line once in each winter season
without charge. A fee of One hundred dollars ($100.00) will be levied for
subsequent services.
b)
To prevent repeated freeze-up, the Town may authorize or instruct the
consumer to connect an approved "bleeder" line or open an approved tap.
If the bleeder line is behind the meter the additional gallons of water used
up to two thousand (2000) gallons per month, shall be deducted from the
charges made to the consumer during the period the water is permitted to
run.
d)
Where a consumer permits a water meter to freeze-up and damage to the
meter results, the cost of the repairs or replacement shall be added to the
consumer's account.
3.9
If a customer encounters a plumbing leakage problem, the Town Office is to be
notified immediately. The customer is encouraged to immediately fix the
problem and retain the receipts for the repair and provide copies to the Town
Office in accordance with Town Policy. If the Director of Public Works
determines that the problem is fixed then an adjustment is warranted, however
only the most recent bill will be adjusted. In the event the adjustment is disputed,
the Town Administrator will conduct a review and the decision is final.
4. SEWERAGE SYSTEM
4.1
Persons who own or occupy premises drained or required by Bylaw to be drained
into a sewer shall pay for such services in accordance with Schedule "A" hereto,
or as amended from time to time, provided, however, that the basic minimum
service fee shall be payable in every case whether or not the service is utilized.
4.2
Rental rates or service charges imposed by this Bylaw shall commence at and
from the time the plumbing fixtures are installed and the premises are occupied.
No charge shall be made during any period when any premises is vacant and the
water services have been discontinued.
4.3
All expenses in connection with laying the service pipe from the street line into
any premises and repairing the same shall be borne by the owner of such
premises. All such work shall be carried out to the satisfaction of the Director of
Public Works and in accordance with his instructions.
4.4
The expense incidental to the removing of an obstruction or blockage from a
sewer service connection from the main to the building shall be borne solely by
the owner or occupant of the property.
4.5
Where it is determined to the Town's satisfaction that a sewer service line has
become obstructed due to roots from a tree(s) located on the Town-owned
property, the Town may assume responsibility for all or a portion of the costs
incurred in clearing the said sewer service line in accordance with such policy as
may be established by resolution of Council.
4.6
In addition to the requirements of the Saskatchewan Plumbing and Drainage
Regulations, it shall be the responsibility of every applicant for a sanitary sewer
connection to install a backwater valve on the main building drain for a single-
Bylaw No. 07/17
Page 5
family use or on all lateral pipes connected to the main building drain for multi-
use unit.
4.7
No person or persons shall discharge, or cause to be discharged, into the Town
sanitary sewer system any of the following:
(a) Any liquid or vapour having a temperature greater than 1500F.
(b) Any gasoline, benzene, naptha, fuel oil or other flammable or explosive
liquid, solid or gas.
(c) Any garbage other than properly shredded garbage; provided however that
shredded garbage shall not be discharged from a garbage disposal unit
operated by a motor having a horsepower rating greater than one-third
horsepower unless a permit has been obtained from the Director of Public
Works.
(d) Any ashes, cinders, sand, stone, or any other solid or viscous substance
which may cause difficulty in the public sewage works.
(e) Any paunch manure, pigs' hooves or toenails, bones, hog bristles, hides or
parts of hides, animal or fish fat or flesh, horse, cattle, sheep or swine manure,
poultry entrails, heads, feet, feather, and eggshells, fleshlings and hair
resulting from tanning operations.
(f) Any water or waste having a pH lower than 5.5 or higher than 9.5 or
having any corrosive, damaging or hazardous property capable of damaging
structures, equipment, biological sewage treatment processes or personnel.
(g) Any water or waste containing a toxic or poisonous substance, or a waste
which when combined with another waste may cause toxic or poisonous
substances to be liberated.
(h) Any noxious or malodorous substance capable of creating a public
nuisance.
(i) Any water or waste containing suspended solids of such character or
quantity that special attention or expense is required to handle
such material at the sewage treatment plant.
(k) Any storm water, surface water, ground water or roof runoff.
5.
LIMITATION OF LIABILITY
5.1
The Town shall not be liable for damages:
a)
caused by the break of any water main, service, meter, private
service, attachment or the breaching of any ditch in the repair
or installation thereof;
b)
caused by the interference or cessation of water supply necessary
in connection with the repair or proper maintenance of the systems;
c)
for any accident due to the operation of the Town waterworks
system;
unless such costs or damages have been shown to be directly due to the
negligence of the Town or its employees.
5.2
Sewer services shall only be supplied on the condition that the applicant shall
make no claim against the Town, its officials, employees or agents except with
respect to damage caused by the negligence of the Town, its officials, employees
or agents acting within the scope of their employment, as the case may be. It is a
Bylaw No. 07/17
Page 6
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 Town shall not be liable for:
a)
actions based in nuisance or contract;
b)
actions in respect of losses which may reasonably have been prevented by
properly maintained backwater valve; or
c)
actions in respect of losses related to the interruption or termination of
sewer services or failure or refusal to provide sewer services whether or
not notice was provided.
5.3
Sewer services shall only be provided on the condition that the applicant shall
indemnify and save harmless the Town, its officials, employees and agents in
respect of all claims arising from the provision of sewer service, excepting those
claims caused by negligence as described in Subsection (1). Not to limit the
generality of the foregoing, the applicant shall indemnify and save harmless the
Town, 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 Sewage Works System or the provision of
sewer services to the premises owned or occupied by the applicant or any
person to whom the applicant is an agent;
b)
from the failure of the Sewage Works System, sanitary sewer connections
or any part thereof or appurtenance thereto; or
c)
from the absence or lack of a properly operating backwater valve.
d)
actions in respect of losses related to the interruption or termination of
sewer services or failure or refusal to provide sewer services whether or
not notice was provided.
6. GENERAL
6.1
Consumer water and sewer accounts shall be rendered bi-monthly.
6.2
The Council may, from time to time, by resolution, determine the periods for
billing purposes.
6.3
It shall be an offence to contravene any provision of this by-law.
6.4
Every person found guilty of any infraction of this Bylaw shall be subject, upon
summary conviction, to a penalty under the General Penalty Bylaw of the Town.
6.5
Bylaw No. 09/03 and 08/15 are hereby repealed.
7.
COMING IN TO FORCE
This Bylaw shall come into force and take effect on the day of approval thereof
being issued by the Local Government Committee.
____________________________________
MAYOR
____________________________________
CAO
TOWN OF TISDALE
BYLAW NO. 07/23
A BYLAW OF THE TOWN OF TISDALE TO AMEND BYLAW NO.
07/17, A BYLAW KNOWN FOR THE MAINTENANCE AND
MANAGEMENT OF THE WATERWORKS SYSTEM, SANITARY
SEWER SYSTEM AND FOR COLLECTION OF WATER AND SEWER
RATES.
The Mayor and Council of the Town of Tisdale, in the Province of Saskatchewan
in open meeting hereby enact as follows:
1. Bylaw No. 07/17 is amended in the manner hereinafter set forth:
a) Schedule "A" is replaced with the Schedule "A" as attached hereto
and forming part of Bylaw 07/23:
2. Bylaw 12/18 is hereby repealed.
3. The rates, rents, tolls or charges contained in this Bylaw shall come into
force and take effect on the day of approval being issued by the Local
Government Committee or January 1, 2024, whichever is the later.
SEAL
___________________________
Mayor
___________________________
CAO
TOWN OF TISDALE
BYLAW NO. 07/23
SCHEDULE "A"
1.
WATER METER DEPOSITS
Every person desiring to receive or to continue to receive water and/or sewer
service shall deposit with the Town the following fee for each meter:
a) The sum of $100.00 if the user is an owner
b) The sum of $150.00 if the user is not an owner; or
c) All meters in excess of one (1) inch shall be purchased from the Town
and the customer shall pay the entire cost for the meter
2.
BASIC MONTHLY WATER AND SEWER SERVICE FEES
a) Basic minimum monthly service fees for all consumers receiving service from
the Town's water and/or sewer system area as follows:
Water
$31.00
Sewer
$20.00
Total
$51.00
b) Water rate on consumption:
$9.75 per 1,000 imperial gallons
c) Sewer rate on consumption:
$4.50 per 1,000 imperial gallons
3. BULK WATER SALES
a) Metered water sold in bulk at the water treatment plant shall be charged at the
rate of Nineteen ($19.00) Dollars per 1,000 imperial gallons.
Other metered water sold at the water treatment in smaller quantities shall be charged at
the rate of Twenty-Five ($.25) Cents per 5 imperial gallons.
4. LAGOON HAULER FEES
a)
All sewage hauled to the lagoon shall be charged at the following rates:
Sewage hauled to the lagoon
$50.00 per load
One-time activation fee
$100.00 per user