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1756-12 Water & SewerCOUNTY OF NEWELL IN THE PROVINCE OF ALBERTA BYLAW NO. 1756 -12 A bylaw for the regulation of the WATER WORKS and SANITARY SEWER WORKS systems throughout the County of Newell. PURSUANT to the provisions of the Municipal Government Act, being Chapter M -26 of the Revised Statutes of Alberta, 2000, and amendments thereto, the Council of Newell duly assembled, ENACTS AS FOLLOWS: 1. DEFINITIONS In this Bylaw: (1) "Authorized Agent" means an organization and or individual(s) other than County employees, who have been granted written authority to act on behalf of the County of Newell in areas that pertain to water and sewer systems which are subject to the control of the County of Newell. (2) "Council" means the Municipal Council of the County of Newell. (3) "County" means County of Newell. (4) "Developer" means the person or persons applying for a Development Permit pursuant to the County's Land Use Bylaw. (5) "Occupant" means the person or persons authorized by the owner to occupy land which is serviced by County owned water and sewer services. (6) "Owner" means the person or persons shown on the tax roll of the County as having an interest in land serviced by a water or sewer system. (7) "Sanitary Sewer Works" means all components of the infrastructure that has been installed to collect, treat, and dispose of waste water from properties connected to the system. It includes all aspects of the waste water system between the individual properties that are connected, through to the discharge outlet from the sanitary waste water treatment lagoons. (8) "Water Works" means all components of the infrastructure that has been installed to deliver potable water to properties connected to the system. It includes all aspects of the main lines and service lines including the curb stop (isolation valve) that has been installed to control the supply to each serviced property. 2. GENERAL (1) Where the County operates a potable water distribution system or a sanitary sewer system within County Hamlets, every residence shall connect to the Bylaw 1756 -12 Page 2 services provided and the water service connection shall be metered. As a result of the requirement for metered connections within County hamlets, during the 2012 calendar year, the County will be implementing a program that will result in the installation of water meters within all properties serviced by the potable water distribution systems in the hamlets of Patricia, Rainier, Rolling Hills, and Scandia. (2) In all other areas of the County that are serviced by the County of Newell Water Project (CNWP) delivery system, property owners may connect to the system under the terms and conditions that apply for connection to the said system. As the design for the CNWP is based on a low pressure trickle system which limits the maximum flow to specified volumes, meters are not required as a condition for connection to the CNWP system. Within serviced hamlets, all new water or sewer accounts must be applied for by the owner of the land to be serviced prior to the issuance of a Development Permit pursuant to the County's Land Use Bylaw. For property outside of serviced hamlets, owners who wish to proceed with connection to the CNWP system may apply for service at any time. When reviewing applications submitted for service from the CNWP, the County will consider available capacity, accessibility to right of ways that may be required, costs that may be incurred to extend the service, etc. before approving an application. Billing for water and sewer services shall commence upon connection to the water utility system. In the event that the County implements a differential rate schedule for commercial, industrial, or residential services, or agrees to the installation of oversized meters, the County's Chief Administrative Officer (CAO) will determine into which classification any service belongs and, in the case of a dispute, the matter shall be referred to the Council whose decision shall be final and binding. Owners or occupants of properties connected to a sanitary sewer collection system shall not utilize the system for the disposal of grease, oil products (plant or petroleum based), toxic, or prohibited substances in either solid or liquid form. No person may restrict access to a water valve, curb stop or any appurtenances such as air release valves which are part of the County water system. 3. RATES AND CHARGES (1) Rates and charges for initial connection to the water and or sewer systems and the ongoing supply of water and or sewer services provided shall be those set out in the County's Schedule of Fees Bylaw. 4. HYDRANTS AND VALVES (1) No person except members of the Fire Department, County Employees acting on behalf of the County, or Authorized Agents of the County shall open, close or Bylaw 1756 -12 Page 3 interfere with any hydrant, or valve connected with the water works without the permission of the County. (2) The County may permit water to be taken from a hydrant during construction or otherwise, provided that a deposit in the amount set out in the Schedule of Fees Bylaw has been paid prior to permission being granted to use a hydrant for a specified period. (3) No deposit will be refunded for hydrant use exceeding the designated period. (4) Any person or persons causing damage to a hydrant or valve shall be responsible for the cost of repairs as a result of any damage caused to the hydrant or valve. 5. SERVICE CONNECTIONS (1) Within serviced hamlets, the owner of any parcel of land shall pay the full costs for connection from the nearest approved point of connection to the parcel(s) requiring service, or, such sum or sums set out in a Servicing or Development Agreement. All such connections and installations shall be supervised and approved by the County or Authorized Agents. Costs for connecting to the CNWP infrastructure shall be those set out in the Schedule of Fees Bylaw. (2) Unless otherwise expressly approved in writing by the County, the owner of any parcel of land within hamlets serviced by water or sewer systems shall connect a dwelling or other structure designed or intended to be used for human habitation or occupation to the community water or sewer system operating within the hamlet. (3) Once a building is connected to the County water or sewer system, the property owner is responsible for maintenance of the service line from the building to the property line. (4) Owners whose property has been connected to the CNWP are responsible to maintain all aspects of the system downstream of the curb stop /isolation valve which includes the equipment (flow restrictor, backflow preventer, pressure regulator and float valve) provided by the County. (5) If a connection to a hamlet water or sewer system has been deemed deficient by County employees or agents of the County and the owner fails to address the deficiency to the satisfaction of the County, the County or authorized agents of the County may enter upon the land and buildings, erection or structure concerned and make such connection and charge the cost thereof against the land, building, erection or structure concerned in the same manner as taxes with the same priority as to lien and to payment thereof as in the case of ordinary municipal taxes. In the case of CNWP services, when any portion of the line or equipment installed beyond the CNWP isolation valve have been deemed to be deficient, service to those properties will be discontinued until the property owner has corrected the deficiency to the satisfaction of the County or its Agents. Bylaw 1756 -12 Page 4 6. COLLECTION AND ENFORCING PAYMENT (1) The owner of all properties serviced by water and sewer systems will be held responsible for the payment of utility account receivable invoices regardless of who occupies the property. When the owner is not the occupant and the owner has submitted a request, in addition to the original copy being mailed to the owner, a copy of the utility account receivable shall also be mailed to the occupant. (2) Invoiced amounts are due and payable when rendered with payment to be made in accordance with alternatives outlined for the payment on the invoices. Failure to receive an invoice shall in no way affect the liability of the owner to pay the invoiced amount. (3) In the event an invoice remains unpaid for a period of thirty (30) days after the billing date, the County shall cause written notices to be sent by regular mail to the owner with a copy sent to the occupant, advising that the water service will be shut off unless the account is paid in full by the date specified in the notice. A notice shall be deemed to have been received seven (7) days after it is sent. With regards to the CNWP, any user who has had their service shut off for lack of payment or any other reason shall not be exempt from the idle service fee as set out in the Schedule of Fees Bylaw while the service is disconnected. (4) (a) If, after the date specified in the notice, as provided for in sub - section (2) above, the account remains unpaid the service shall be shut off. Extenuating circumstances may be referred to the Manager (or Assistant Manager or designate in the absence of the Manager) or Council for a decision. (5) (b) Notwithstanding sub - section (4)(a), after review of the payment history of an account, the County may allow a balance to be carried over providing the outstanding balance does not exceed an amount equal to two billing periods. (c) Notwithstanding article 4 (a) and (b) above, to avoid a disruption in service where invoices remain unpaid for an extended period of time, Council may transfer unpaid balances to the respective property tax accounts in accordance with governing statutes. In the event County staff or Authorized Agents of the County attend any property to shut off a water service, or payment has not been received by the date specified for shut off as provided for in Sub - section (4)(a) by reason of non- payment, a shut off fee as set out in the Schedule of Fees Bylaw will be charged and shall be payable in advance of service being restored. 7. WATER SERVICE DISCONNECTION (1) In the event a water service has been shut off at the request of an owner, or due to non - payment of the account balance, a shut off fee as set out in Schedule of Bylaw 1756 -12 Page 5 Fees Bylaw will be charged and shall be payable in advance of service being restored. 8. BACK FLOW PREVENTERS, METERS, REMOTE READING DEVICES, CURB STOPS (1) Supply of Equipment required for connection to Hamlet or CNWP systems - The County will provide hamlet property owners with couplers and a standard 5/8 -inch by 3/4 inch water meter and remote reading device for each service after the owner has submitted to the County, applications for a Plumbing Installation Permit and a Private Sewage Installation Permit. Before a meter and remote reader is issued, the owner must pay the Water Meter Initial Installation fee as set out in the Schedule of Fees Bylaw. Water meters larger than the above noted standard shall not be permitted unless the owner provides proof satisfactory to the County that an over- sized water meter is required and the owner pays the additional cost for the water meter. Equipment required for connection to the CNWP system shall include a flow restrictor, pressure regulator, backflow preventer, "Y" strainer, and float valve. (2) Care and Custody of Supplied Equipment - The owner and occupant have care, custody and control of water meters and any remote reading device provided by the County. The owner may, at the discretion of the County, be required to pay costs to repair or replace meters, reading devices, or equipment provided for connection to the CNWP system if improperly cared for by the owner or occupant. Payment of costs for improper care of water meters, remote reading devices or CNWP system related equipment shall be added to the water account and shall be payable in the same manner as water consumption charges. (3) Access for Water Services - The owner and occupant of a property with a water service connection shall provide free and convenient access to a meter, a remote reading device, and a curb stop / isolation valve at all reasonable times. In the event a meter, a remote reading device, a curb stop /isolation valve, or equipment required for connection to the CNWP system cannot be accessed, the County may request that access be provided. If the owner or occupant fails to comply within fourteen (14) days of a request made by the County, the water service may be shut off without further notice, and any obstruction may be removed at the owner's expense. In the event of an emergency the obstruction may be moved immediately. (4) Tampering with Meters - No owner or occupant shall tamper with or allow a meter, remote reading device, curb stop or in the case of connection to the CNWP system the flow restrictor, backflow preventer, pressure regulator or float valve, to be tampered with. Every owner and occupant shall be responsible to ensure that the above equipment installed on their property is not tampered with. If it is determined that the equipment has been tampered with and the person responsible cannot be identified, the County may charge the owner with tampering, theft of water, and /or in the case of CNWP services, the property may also be disconnected from the system. Bylaw 1756 -12 Page 6 (5) Testing equipment supplied - An owner who feels the meter and or flow restrictor and pressure regulator is incorrect may apply to the County to have the equipment tested. The request must be accompanied by a Testing Deposit fee as set out in the Schedule of Fees Bylaw which, if the equipment is proven incorrect, will be refunded, otherwise will go to the general revenue of the County. If as a result of the test, a meter is found to have been not reading accurately, the County reserves the right to apply a retroactive adjustment to the account for the period covered by the inaccurate readings. 9. UNAUTHORIZED USE OF WATER (1) Duly authorized agents of the County may enter the premises of any water user at any reasonable time to examine the pipes, meters and fixtures to ascertain the quantity of water used and the manner of its use, and in the case of fraudulent representation on the part of any water user or of unnecessary waste of water, the supply may be cut off. (2) No owner or occupant shall lend, sell, dispose, give away or permit water supplied by the County to be taken, carried away, used or apply it to the use or benefit of others or to any other than his, her or their own use or benefit or wrongfully, negligently or improperly waste water. This section does not apply to customers who purchase water at County operated truck fill stations. 10. RESTRICTIONS AND INTERRUPTION OF SERVICE (1) The CAO or his designate is hereby authorized to order that water be shut off with or without notice for such length of time as may be necessary to permit the construction or repairs to a water or sewer system. (2) The County shall not be responsible for damage to any vessel, equipment, person or premises when there is a failure of any system due to any cause whatsoever, even where no notice is given. No deduction from billing shall be made in consequence thereof. (3) Water restrictions in all or part of the County may be set out by any method and during any period upon such notice as determined by the CAO or his designate. (4) If, after a water delivery system has been commissioned, the County or its authorized agent has to enter crop land to repair or maintain the system and crops are damaged, the landowner will be reimbursed at the current Alberta Agriculture Financial Services Corporation (AFSC) rates. A County representative in conjunction with the landowner will survey the damaged area after the maintenance or repair is complete. (5) The County shall incur no liability by reason of failure to supply water for any cause beyond the reasonable control of the County, nor shall it be liable for loss, costs, or damage to persons or property arising or resulting from the supply or use of water. The Consumer is hereby warned of the danger from contact with any part of the County's lines or equipment, and he shall at all times exercise every reasonable precaution necessary to prevent any damages to said lines and Bylaw 1756 -12 Page 7 equipment. In the event of any accident, injury or damage occurring by reason of tampering, full responsibility therefore as between the County and the Consumer shall be upon the Consumer and the Consumer shall at all times indemnify and save harmless the County from any and all claims for damages arising by reason of any such accident, injury or damages. The Consumer shall be responsible for all damages to lines and equipment on his property due to his and /or his agent's negligence. 11. OFF -SITE LEVY (1) The owner of any parcel of land subject to development or subdivision that will create additional parcels of land for connection to an existing water or sewer system may be required to pay an off -site levy in respect of each parcel of land that is to be developed or subdivided. (2) The owner or developer of any parcel of land subject to an off -site levy shall enter into a Servicing or Development Agreement. The sum or sums to be imposed and collected shall be as set out in the Off Site Levy Bylaw. (3) No extension of water or sewer mains shall be constructed except those authorized in an approved servicing or development agreement. 12. DRAINAGE CONNECTIONS TO SEWER (1) The County will not allow direct connection of weeping tile to a sanitary sewer system. (2) Connection of eaves troughs or other surface drainage devices connected directly or indirectly to a sanitary sewer system shall not be permitted. (3) Notwithstanding article 12(1) & 12(2) above, the County acknowledges that it has been a past practice to connect weeping tile to sanitary sewer systems and there are a number of existing services within the hamlets where that arrangement exists. No new services will be permitted to directly connect weeping tile to the sanitary sewer service and the County is exploring alternatives to address existing situations where these connections exist. 13. EXCLUSION OF LIABILITY The County or Authorized Agents of the County are not liable for damages: (1) caused by the breaking of any water service main, water service pipe or attachment, or any sewer main; or (2) caused by the interference with the supply of any water or sewer service that is carried out in connection with the repair or proper maintenance of the water service or sewers, or (3) caused by plugged sewers, or Bylaw 1756 -12 Page 8 (4) generally for any accident due to the operation of the water works system or sewer disposal system of the County unless such accident is shown to be directly due to the negligence of the County, its employees or agents. 14. PENALTY PROVISIONS (1) Any person who contravenes or fails to comply with the provisions of this Bylaw is guilty of an offense and liable on summary conviction to a fine not exceeding five hundred dollars ($500.00) and costs, and, in addition, a fine of not more than five hundred dollars ($500.00) and costs for every day the offense continues. 15. SEVERABILITY (1) Each section of this By -Law shall be deemed independent of all other sections herein and if any provisions of this By -law are declared invalid, all other sections thereof shall remain valid and enforceable. 16. This Bylaw shall come into effect on final reading. 17. Bylaw 1737 -11 is hereby rescinded. July 5, 2012 July 5, 2012 July 5, 2012 MOVED BY COUNCILLOR C. AMULUNG that Bylaw 1756 -12 receive FIRST reading as amended. MOTION CARRIED MOVED BY COUNCILLOR M. NESBITT that Bylaw 1756 -12 receive SECOND reading. MOTION CARRIED MOVED BY COUNCILLOR B. DE JONG that consent be given for Bylaw 1756 -12 to receive third reading this 5th day of July, 2012. MOTION CARRIED UNANIMOUSLY July 5, 2012 MOVED BY COUNCILLOR L. JUSS that Bylaw 1756 -12 receive THIRD AND FINAL reading. MOTION CARRIED i Reeve - olly Dou1: ss /11 Ciii9''A)In inistrative Officer - Kevin Stephenson