TOWN OF LACOMBE

BYLAW NO. 70

WATER AND WASTE WATER WORKS BYLAW
(Consolidation up to and including Bylaw 70.30 - January 1, 2008

SHORT TITLE
PART 1 -
Construction and Replacement of Water and Waste Water Works
PART 2 - Installation of Water and Waste Water Mains
PART 3 - Replacement of Water and Waste Water Mains
PART 4 - Water and Waste Water Service Connections
PART 5 - Installation of New Service Lines
PART 6 - Repair and Maintenance of Existing Water Service Lines
PART 7 - Maintenance and Repair of Existing Waste Water Service Lines
PART 8 - Replacement of Existing Services Lines
PART 9 - Meters

PART 10 - Rates, Billings and Collections

PART 11 - General Provisions Government Use of Water and Water Services

PART 12 - General Provisions Governing the Use of Waste Water Services

PART 13 - Cross Connections and Backflow Prevention

PART 14 - Penalties Enactment and Other Provisions
Schedule A
- Waste Water Characteristics
Schedule B -
Rates
Schedule C
-
Waste Water Service Surcharge

A bylaw of the Town of Lacombe providing for the supply of water and waste water services to the residents and consumers of the Town.

PREAMBLE

Pursuant to the provisions of the Municipal Government Act, S.A. 1994, c. M-26.1, the Municipal Council of the Town of Lacombe, in the Province of Alberta enacts as follows:  (12/12/94)

PART I

SHORT TITLE

1.This bylaw may be referred to as the "Water and Waste Water Bylaw".

DEFINITIONS

2.In this bylaw:

"Council" shall mean the Municipal Council of the Town of Lacombe

"Town" shall, depending on its context, mean either:

the Municipal Corporation of the Town of Lacombe, its administration and staff, agents or representatives; or

the territory contained within the corporate boundaries of the Town of Lacombe.

"CAO" means the Chief Administrative Officer appointed by Council pursuant to Bylaw 58 of the Town, or a designated officer where such has been designated and appointed by Council. (02/13/06)

"Act" shall mean the Municipal Government Act, S.A. 1994, c. M-26.1, (12/12/94)

 

DELEGATION OF AUTHORITY

3. The Council hereby delegates to the authority to do all things necessary in order to fulfill the responsibilities and duties under the Act and this Bylaw.

4. The CAO shall have charge of the responsibility for the operation of the Water and Waste Water System in accordance with:

A)
Provincial and Federal Statutes and Regulations;
B) 
This Bylaw and related regulations and policies, and
C) 
The direction of Council. (12/12/94) 

5. The CAO may delegate the performance of certain duties to assigned staff, agents, or contractors in so far as such delegation is not inconsistent with Provincial or Federal Legislation or this Bylaw, related regulations or policies thereof (12/12/94).

Part 1 - Construction And Replacement of Water And Waste Water Works

6. The Town shall operate a water supply and distribution system for the purposes of supplying the residents and consumers within the Town with potable water and adequate fire protection.

7. The Town shall operate a waste water collection and disposal system for the purposes of collecting, treating and disposing of sewage produced by the residents and other consumers of water within the Town.

8. Council may by resolution enter into agreements with other municipalities, private corporations or citizens for the supply of water or waste water services beyond the corporate limits of the Town, adopting such provisions, regulations or rates as may be deemed appropriate.

9. The Council may, as becomes necessary, authorize the construction, replacement or upgrading of the water supply system or the sewage disposal system with funding for such projects obtained from whatever sources may be appropriate.

Part 2 -Installation of Water And Waste Water Mains

10. The assessment of the need for the construction of water distribution or sewage collection mains may be initiated by the Town, private owners or developers.

11. Where Council has authorized the construction of the proposed mains the Town shall be responsible for such construction and may perform the installation with its own forces or may arrange the installation by a private contractor.

12. The costs of the construction of such mains shall be borne totally by the benefiting properties with the owners or developers of the lands providing the required funding for the project through:

A)

Cash contributions to the Town;

B)

A Special Tax levied pursuant to Part 10, Division 5 of the Act, or

C) 

A Local Improvement Tax levied in accordance with Part 10, Division 7 of the Act. (12/12/94)

13. Where the owner of a property which will benefit from the installation of a main cannot be obligated to share the costs of the project, the Town may either:

A) Require the remaining owners or developers to fund the entire cost of the project with the Town endeavouring to collect the proportionate cost attributable to the undeveloped property plus appropriate interest and return it to owners at some point in the future when the undeveloped property seeks service from the main installed, or;
B)  Fund the portion of cost attributable to the non-participating properties itself collecting the proportionate cost of the project plus appropriate interest when the undeveloped property seeks service from the main installed.

14. Notwithstanding Sections 11 - 13 where the installation of water or waste water mains is to be done in conjunction with the subdivision and development of parcels of land, Council may enter into a Development Agreement pursuant to the Planning Act for purposes of providing water and waste water servicing to the area and the provisions of this Bylaw may be varied as deemed appropriate.

15. The installation of all water and waste water mains and related facilities shall be in accordance with the standards and specifications as may be adopted from time to time by Council. (12/12/94)

16. The costs of installation of water and waste water mains shall include those expenditures required for:

A)  Engineering, surveying, materials testing, inspection;
B)  Acquisition of right-of-way;
C) Materials such as pipe, valves, fittings, manholes, fire hydrants and other specified materials required in the installation;
D) Excavation and installation of mains;
E) Backfill, compaction, road surface repair and other restoration.

17. Where for purposes of future development or the overall improvement to the capacity of the Town's Water Distribution or Sewage Main System, the Town requires that an oversized main be installed, the Town shall bear the difference between the installation costs of the oversized main and the installation costs of a usual main.

18. An oversize main shall in the case of a water main be in excess of 200 millimeters (8 inches) in diameter, or in the case of a waste water main, in excess of 250 millimeters (10 inches) in diameter.

Part 3 - Replacement of Water and Waste Water Mains

19. Where it is necessary to replace a water or waste water main because of deterioration of the condition of the pipe to a point where the ability of the pipe to function is significantly impaired, the reliability of the pipe is seriously reduced, or where because of planned major street upgrading it is deemed desirable to replace a main prior to upgrading to prevent subsequent damage to a new road surface from anticipated main repairs or replacements, the Council may initiate the replacement of water or waste water mains or both.

20. Council may include the replacement of additional mains to improve the financial viability and cost effectiveness of a planned replacement project.

21. The cost of the replacement of water and waste water mains shall be funded where possible from related water and waste water revenues, reserves, or applicable government grants; or if necessary, may be funded through debenture borrowing.

Part 4  - Water And Waste Water Service Connections

22. Where the Town undertakes work pursuant to this part the costs to be charged to owners of property shall be calculated in accordance with costs and charges as may be adopted from time to time by Council. (12/12/94)

23. No source of water including wells other than the Town Water Distribution System shall be used for any purpose within the Town except where specifically authorized by resolution of Council.

24. Such exemption may be permitted by Council if the property for which water service is required is:

A)
Located in relation to an existing main such that the extension of that main is precluded because of excessive cost or engineering difficulty.
B) 
Adjacent to an existing main which is insufficient in terms, size, and capacity, and the upsizing of the main is deemed excessive in cost.
C)
Projected to use a volume of water which would strain the Town's water supply capacity.

25. Where a property is using an alternate water source pursuant to Section 23 and where subsequent to the permission being granted for that source, a water main is constructed or upgraded such that the supply of water from the Town system is now practical, the owner of the property shall discontinue the use of the alternate water source and make connection to Town water main within one (1) year of the completion of the installation or upgrading of the water main.

26. All properties which generate sewage and waste water shall be connected to the Town's waste water system except where exempted by the Municipal Planning Commission in the Development Permit application process. Such exemption may be allowed for the following reasons:

A) The location of the property to an existing waste water main is such that the extension of that main is precluded because of excessive cost or engineering difficulty.
B) The waste water main adjacent to the property is of insufficient size and capacity to handle the proposed effluent and upsizing of the main is deemed excessive in cost.
C)  The type of wastes to be generated by the property are not permitted by this Bylaw or Provincial Regulation to be disposed of through the Town's waste water system.

27. An alternative sewage disposal installation permitted under Section preceding may include a sewage pump-out tank or septic tank and field, such installations subject in all cases to applicable Provincial Regulation.

28. Where an alternate sewage disposal installation has been permitted pursuant to Section 26 (A) and (B) and where subsequent to that installation a sewage main is constructed or upgraded such that the disposal of sewage from the property to the Town system is now practical, the owner of the property shall discontinue the use of the alternate sewage installation and make connection to the Town sewage main within one (1) year of the installation or upgrading of the waste water main.

Part 5 - Installation of New Service Lines

29. Each lot or parcel and each principle building or occupancy where feasible shall be provided with a separate water and waste water service.

30. (1) When an owner requests the installation of a service, an agreement shall be completed.

(2) The CAO is hereby authorized on behalf of the Town to execute any agreement required pursuant to this policy. (12/12/94)

31. (1) The developers of Multiple Housing and Commercial Developments shall submit private water and waste water system design plans, duly signed by a Professional Engineer, to the Town for review and approval prior to construction start.

(2) The Town may provide technical advice for private water and waste water system designs to ensure acceptable standards in design, materials and construction.

(3) The developer shall furnish two (2) sets of "as built" plans to the Town with 30 (thirty) days of completion of the private water and waste water system and accompanying these "as built" plans shall be a letter indicating that the private water main system is fully operational.

32. (1) Where any new lot or group of lots is developed, the developer shall arrange at his own cost the installation of adequate water and waste water service lines to the Town's specifications and requirement.

(2) Such subdivision development will be governed by development or servicing agreements.

33 (1) Where a lot is within a developed area and where there has not been service lines placed, the Town shall install the service lines to the front property boundary and shall charge the owner of the property the costs incurred.

(2) The Town may at their option choose to have the installation performed by a private contractor in accordance with specified standards at the time of installation.

34. (1) Where a private contractor is used pursuant to Sections 31, 32, or 33, the Town shall have the right of inspection.

(2) An inspection fee in an amount as may be adopted from time to time by Council shall be charged to the owner.

(3) The owner shall advise the Town of the time of installation and shall allow the Town reasonable opportunity to inspect the installation for conformance to Town standards and specifications.

(4) Persons excavating for service lines and connections shall not backfill until a request for inspection has been made to the Town and the Town has done an inspection and approved the installation.

(5) When making a request for an inspection, a 24-hour notice will be required by the Town and an inspection will only be done during normal working hours.

(6) Persons backfilling before requesting and receiving an inspection may be asked by the inspector to dig out and expose the service lines so that a proper inspection can be done.

35. The owner shall be responsible to arrange and pay for the laying of services within his own property.

36.(1) Permission will not be granted to supply two (2) or more buildings fronting on the same street with a single service unless the service is divided within the street and a separate shut-off is provided for each service.

(2) Notwithstanding Section 29, where only one of the serviced buildings occupies the frontage of the lot parcel and others are located to the rear of the said front building then permission may be granted to supply all the buildings from one service, subject to the conditions prescribed by the Town.

37. (1) Persons who wish temporary water service shall make applications in accordance with Section 30, and shall pay the Town in advance the whole cost of service construction, including the cost of removal when no longer required.

(2) If required by the Town, a person requiring temporary water service shall provide a meter setting meeting the requirements of the Town.

38. (1) Water used for any construction purpose shall be charged in accordance with "un-metered rates for building construction" as provided in Schedule 'B', and paid together with the Building Permit Fee imposed pursuant to the Town of Lacombe Building Permit Bylaw.

39. (1) A plumber may after obtaining permission from the Town, operate a curb shut-off valve up to 1" (25 mm) in diameter for the purpose of:

A) the testing of his own piping in the case of new installations;
B) the replacing or renewing of a service line.

(2) If water is required to test plumbing before a meter is installed a plumber may temporarily install a meter piece.

(3) After completion of work under this clause he shall immediately close the valve and remove the temporary meter piece.

(4) A plumber shall not operate any of the service control valves of 40 mm (1 1/2 inches) or larger in size for any purpose.

40. (1) When a property owner wishes to provide fire protection by means of sprinkler head, fire hydrants, or outlets for hose lines, or some other manner, application for a special service pipe shall be made in accordance with Section 30.

(2) When an application pursuant to Section 40 is approved by the Town, a separate special service pipe to be utilized for fire protection only shall be constructed at the property owner's expense.

(3) The Town shall maintain at its expense that portion of the special service pipe between the main and property line where a tapping valve and sleeve form the connection of the main, or between the main and control valve when the control valve is located within 1200 mm (4 feet) of the property line.

(4) Portions of the public service piping constructed on Town lands shall become the property of the Town.

Part 6 - Repair And Maintenance of Existing Water Service Lines

41. (1) The Town shall be responsible for the maintenance and repair of the water service line including the thawing of frozen lines from the main up to and including the curb stop valve.

(2) Should the damage to the line be caused by the negligence or improper action of the occupant the costs for repairing or thawing lines will be charged to the owner.

42. The property owner shall be responsible for the repair of the water service line within his own property.

43.(1) The Town will not normally undertake the repair of a water service line on private property but may do so if the property owner, after diligent efforts, cannot arrange a plumber or other private contractor to undertake the repairs.

(2) The Owner shall be required to enter into an agreement with the Town, agreeing to the repair and assuming the costs of the repairs deemed necessary by the Town. (12/12/94)

44. (1) Where the exact location of a problem cannot be determined to be either clearly within the Town street or on private property the Town will undertake to determine the location of the problem.

(2) If the problem exists within the street the Town will continue to complete repairs.

(3) If it is found to exist on private property the owner shall be responsible for the costs incurred by the Town to that point and shall be responsible for the completion of the repairs.

45. Where the owner undertakes the repair of the service line on his own property and finds that the problem exists on the portion of line for which the Town is responsible, the Town will complete the repairs and compensate the owner for costs incurred to that point.

46. The owner or occupant of a premise shall ensure that the water service curb stop valve remains accessible and exposed and where the owner or occupier damages or causes the curb stop to become inoperative, he shall be responsible for repair or replacement costs.

Part 7 - Maintenance And Repair Of Existing Waste Water Service Lines

47. The owner shall be responsible for clearing any blockages including tree roots in the waste water service line from the building to the main.

48. (1) If a blockage occurs the owner or occupant shall firstly contact a plumber to clear the line.

(2) If the plumber cannot clear the blockage, the Town will undertake to clear the line using such equipment as may be necessary.

49. Where a blockage is located on the owner's property and cannot be cleared the owner shall be responsible for arranging and paying for any work required to restore the operation of the service line.

50. (1) Where a blockage is located within the street the Town shall undertake the repair of the service line and shall bear the cost of the repairs only if the blockage was caused by physical damage to the service line due to faulty installation, substandard materials or ground settlement or movement.

(2) The owner shall be responsible for repair costs where the blockage has occurred for any other reason.

51. (1) If an owner believes that the service is performing poorly or that it repeatedly causes problems, the owner may request the Town to repair or replace the line within the street.

(2) If the problems with the line cannot be attributed to the specific causes identified in Section 50 above then the owner shall be responsible for the costs.

Part 8 - Replacement Of Existing Service Lines

52. (1) If the owner of a property wishes to replace a water or waste water service line it shall be at the owner's cost.

(2) Where a service line needs replacement because it can no longer be economically repaired the replacement must be undertaken and the costs assessed to the owner.

(3) Installation of replacement service lines shall be governed by those provisions in Section 30 through 40.

Part 9 - Meters

53. All water outlets from a water service connection to any building within the Town must be metered using a meter of the specification as may be adopted from time to time by Council. (12/12/94)

54. Where at the time of passage of this Bylaw a water service is un-metered the Town shall install a meter pursuant to this Bylaw.

55. (1) Not more than one water meter will be allowed for a building where only one water service is provided.

(2) Notwithstanding Section (1), for his own purposes an owner may install a subsidiary meter on his property.

(3) The Town will not read or maintain a subsidiary meter.

56. (1) The Town shall supply, install, own, and maintain all water meters as required, and may install remote readout indicators where necessary or desirable.

(2) Where the installation requires pipefitting and alterations beyond the norm the owner shall be responsible for those additional costs.

(3) The Town shall undertake any repairs necessary to the meter, remote readout or associated fittings to ensure proper operation and remedy leaks.

(4) Where the meter can no longer be repaired, the Town will replace the meter at no cost to the owner or occupant.

57. All owners, tenants or occupiers of buildings or land shall give access to employees, agents or representatives of the Town for the purposes of installing, maintaining or reading a meter.

58. Every owner, tenant, or occupant shall make allowance for the installation of water meters in accordance with the Town's specifications and shall protect the same from frost or other damage when placed upon their premises.

59. Where the owner or occupant fails to protect the meter and service lines from frost or other damage, the Town shall charge the cost of repairs and replacement to the owner or occupant.

60. The Town shall seal those meters installed and no person except as authorized by the Town shall break or tamper with any such seal or meter.

61. (1) The Town shall undertake to read the consumption from the meter rather than from the remote readout units

A at the point of final reading pursuant to Section 80
B) for 10% of the meters in use each year.

(2) The next utility billing will be calculated using the actual meter reading.

62. (1) Where the owner or occupant disputes the accuracy of the meter, he may request the Town to check the meter.

(2) Upon the deposit with the Town of an amount specified from time to time by Council, the Town will remove and test the meter. (12/12/94)

(3) If the accuracy of the meter is found not to exceed 103% of actual volume the meter will be reinstalled and the deposit forfeited to the Town.

(4) If the accuracy of the meter is found to be beyond the specified tolerance the meter will be replaced with another and the deposit will be returned.

Part 10 - Rates, Billings And Collections

63. The various rates to be charged to consumers for the purchase of water and the disposal of sewage shall be prescribed in Schedule 'B' of this Bylaw.

63.1 In addition to any other rates and charges payable under the provisions of this bylaw, those lots located within Pt. SW Section 32-40-26-W4 contained in the subdivision known as "English Estates", the development of which is subject to a Development Agreement executed April 11, 1988, shall be subject to a connection fee in the amount One Thousand Five Hundred Dollars ($1,500.00) as a contribution toward the capital installation costs of the water feeder and distribution mains in the Subdivision .(04/11/88)

63.2 The fee provided in Section 63.1 above shall be paid by the owner or occupant upon application for water and waste water services. (04/11/88)

63.3 RESCINDED (04/27/98)

63.4 RESCINDED (04/27/98)

63.5 RESCINDED (04/27/98)

64. A utility bill showing the value of water and waste water services provided by the Town for a two-month period shall be calculated in accordance with the prescribed rates as soon as is practical after the end of the billing period and mailed to the person registered as the recipient of the services. (12/12/94)

65. The water service charge shall be combined on the same utility bill with the waste water service charges and any other charges, but separate entries identifying each charge shall be made on the utility bill.

66. Where the calculation of a utility billing is based on the consumption of water, the quantity used shall be determined from the present and previous meter readings as recorded by the Town or should an actual reading not be available, by an estimated consumption based on the consumption history of the service or customer of similar characteristic.

67. No reduction in rates or charges shall be made for any interruption in water or waste water services during a billing period.

68. (1) Where the owner or occupant wishes to obtain water and waste water services, he shall make application to the administration office of the Town. (12/12/94)

(2) Where services are being provided and no application has been made, the owner is deemed to be the customer and utility billings shall be addressed to him.

(3) A service charge in an amount as may be adopted from time to time by Council will be charged for each application.

69. Every applicant for supply of water and waste water services who is not an owner shall, before water service is turned on, deposit with the Town an amount as may be determined from time to time by Council. This deposit shall be retained for a period of two (2) years and shall be refunded thereafter without interest, provided:

A)  the applicant has not been in violation of Section 75 during the most recent two(2)-year period, or
B)  there is no reason for the Town to suspect that the customer would not continue to pay for utility services in a responsible manner. (07/23/90) (12/12/94)

70. (1) The deposit shall be returned when the service is discontinued, provided that such deposit may be applied to any unpaid account at the time of such discontinuance of such service.

(2) Interest for the period of time which the deposit is held by the Town shall not be paid.

71. (1) Utility bills are due and payable upon receipt of billing with payment of utility accounts to be made at the office of the Treasurer or at such other place as may be designated from time to time by the Council.

(2) Failure to receive an account shall in no way affect the liability of the consumer to pay the account.

72. In the event that any such utility bill remains unpaid for a period of twenty-one (21) days from date of mailing of the account, there shall be added thereto a penalty in the amount of two and one half percent (2.5%) on the current charges of the bill and that this penalty shall form part of the arrears and shall be subject to collection in the same manner as all other rates and charges. (12/12/94) (08/03/99)

73. Where a utility bill remains unpaid after the initial twenty-one (21) day penalty period, there shall be added a further two and one half per cent (2.5%) penalty to the total amount owing at that time and this process shall be repeated for each 21 day period for which the utility account remains unpaid. (08/03/99)

74. Where a utility account has been in arrears for a period of sixty (60) days, a notice shall be mailed or delivered to the utility customer giving warning that water service may be shut off unless payment of the full account is received by a specified date. (07/23/90) (12/12/94)

75. If payment is not received within the time period specified or if the customer has failed to make other arrangements the water service shall be turned off and shall not be turned on until such time as the utility account, including penalties, arrears, and a reconnection fee of an amount as may be adopted from time to time by Council. (12/12/94)

76. Notwithstanding Section 74 where the customer is unable to pay the entire amount of the outstanding utility account the Treasurer may upon negotiation of a satisfactory repayment schedule postpone the shut-off of water services pending the successful payment of the account.

77. Council may add to the tax roll of a parcel of land, and collect as a tax owing to the municipality in accordance with s. 553 of the Act, the amount of unpaid utility charges and other charges and fees under this bylaw owing by the owner of the parcel. (12/12/94)

78. Where an outstanding account cannot be collected as a result of shutting off the water or if it cannot be added to the Tax Roll the Treasurer shall undertake collection by any means provided by law.

79. Any person intending to vacate any premises that have been supplied with water from the waterworks or who is desirous of discontinuing the use thereof shall give 48 hours two (2) working days prior notice of the same at the Town office, otherwise the rates thereof shall be charged until such notice is given or the water turned off. (12/29/87)

80. Where a service to a customer is to be discontinued a final billing will be calculated on a pro rata basis from the date of the last billing to the date of discontinuance.

80.1 Where it has been determined that a customer has been paying an amount lesser than that which should have been paid because of errors of the Town with respect to such things as

  i)  improper meter placement, sizing or specification
ii)   improper rate application
 iii)  improper meter reading or bill calculation

A charge of the difference between what was paid and what should have been paid shall be paid by the current customer affected by such an error for the period between January 1st of the year previous to current year and the date on which the error was discovered. (07/10/89)

80.2 Where it has been determined that a customer has been paying an amount greater than that which should have been paid because of errors of the Town with respect to such things as

i)  improper meter placement, sizing or specification
ii)  improper rate application
 iii)  improper meter readings or bill calculation

A refund of the difference between what was paid and what should have been paid shall be given to all customers affected by such an error for the period between January 1st of the year previous to current year and the date on which the error was discovered. (07/10/89)

Part 11 - General Provisions Governing Use of Water And Water Services

81. (1) In case of making repairs or in construction of new works or in connecting or repairing service pipes, the Town shall have the right to shut off the water from any consumer or customer without notice and keep it off as long as may be necessary.

(2) The Town shall endeavour to provide notice to customers of such interruption of service and shall seek to minimize the inconvenience to customers as may be possible and reasonable.

82. Except where authorized by the Town no person shall open, close or interfere with any hydrant or valve connected to the Town water system.

83. No person being owner and occupier, tenant, or inmate of any house, building or other premises which are supplied with water from the Town owned waterworks system, shall vend, sell or dispose of water therefrom, or give away or permit the same to be taken or carried away from the property unless specifically authorized by the Town.

84. The Town may have the water shut off to the premises or property of any owner or customer infringing any of the rules and regulations of the Town and in cases where the water has been shut off for allowing waste or leaks or defects in pipes or connections may refuse to restore water service until the defects have been repaired.

85. Water shall be shut off at the curb stop valve and no person shall turn on or attempt to turn on the water except where authorized by the Town.

86. (1) When an emergency in the water supply occurs, the Mayor or in his absence the Deputy Mayor may restrict the use of water from the Town supply system.

(2) When said restrictions are in effect, no persons shall water any lawns, gardens, streets, yards or grounds or use a hose or similar device to wash the exteriors or houses or other buildings or vehicles except at commercial car washes, during such times that may be fixed by the Mayor provided that notice of the times during which the use of water for the purposes specified herein as prohibited, shall be given to the public in an announcement in the local newspaper, radio, public address system, or such other means as is deemed appropriate.

87. The foregoing restrictions do not apply to a person using an ordinary sprinkling can or pail, where said water is used only for the watering of plants or shrubs.

88. The Mayor, or Deputy Mayor, in fixing restrictions on the use of water for the purpose set out in this Section may vary the hours and days of use of differing portions of the Town or may attach other conditions as they deem necessary.

88.1 All new building construction commencing after January 1, 1995 shall include water efficient plumbing fixtures which meet or exceed the following minimum standards:

A) All flush type toilets must be of the "low flush" type with a water usage not exceeding 1.5 US gallons per flush
B) All shower heads must be rated not to exceed a flow of 2.75 US gallons per minute at a pressure of 75 pounds per square inch. (12/12/94)

88.2 Where water system pressure exceed 75 pounds per square inch then the water service shall be equipped by the owner or occupant with a pressure regulator pre-set not to exceed more than 65 pounds per square inch. (12/12/94)

Part 12 - General Provisions Governing the Use of Waste Water Services

89 In this Part:

 

a)      "Adverse Effect" means impairment of or damage to the environment, human health or safety or property;

 

b)     "Backflow Valve" shall mean a device or a method to prevent backflow;

 

"B.O.D." (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in parts per million by weight;

 

c)      "Building Drain" shall mean that part of the lowest horizontal piping which receives the discharge from soil waste or other drainage pipes within a building and conducts it to the building sewer beginning 1 metre outside the building wall;

 

d)      "Building Sewer" shall mean that part of a wastewater drainage system outside a building commencing at a point 1 metre from the outer face of the wall of the building and connecting the building drain to the sanitary sewer or place of disposal of wastewater;

 

e)     "Bylaw" includes this Bylaw and all regulations made by the administration pursuant to the authority of this Bylaw;

 

f)       "Clear-water waste" means any water, including potable water from a public distribution system, to which no matter has been added;

 

g)      "Colour" means the true colour unit of water from which turbidity has been removed, as determined by Standard Methods;  

 

h)     "Commercial" means those activities that are principally for either the sale of goods or the provision of services, or both;

 

i)      "Common Sewer Service" means a sewer service connected to 2 or more premises and draining to the wastewater collection system or the storm drainage collection system;

 

j)      "Discrete Wastewater Stream" means wastewater from an individual process or part thereof which, except by dilution upon mixing with other wastewater prior to entering the wastewater collection system, would not meet the concentration limits stated or otherwise implied in Section 105 of this Bylaw;

 

k)     "Domestic Wastewater" means the wastewater that is the composite of liquid and water-carried wastes associated with the use of water for drinking, cooking, cleaning, washing, hygiene, sanitation or other domestic purposes, together with any infiltration and inflow wastewater, that is released into a wastewater collection system;

 

l)      "Environment" means the components of the earth and includes air, land and water, all organic and inorganic matter and living organisms, and the interacting natural systems that include these components;

 

 m)   "Fixture" means a receptacle, appliance, apparatus, floor drain or other device that releases wastewater or clear-water waste;

 

n)      "Flammable Liquid" means a substance that is a liquid, a mixture of liquids or a liquid containing solids in solution or suspension that has a flash point not greater than 61°C as determined by American Society for Testing Materials (A.S.T.M.) method D93-48 for flash point by Pensky-Martens closed cup tester;

 

o)      "Fuelling Station Area" means the area at a commercial, institutional or industrial facility used for fuelling of vehicles or equipment that includes the fuelling pad and the surrounding area within two (2) metres beyond the reach of a fuelling pump hose, arm or other transfer device;

 

p)      "Garbage" shall mean solid wastes from the preparation, cooking, and dispensing of foods, and from the handling, storage, and sale of produce;

 

q)      "Hauled Wastewater" means wastewater other than septage for which a permit has been obtained, and which is transported to a designated site for disposal to the wastewater collection system;

 

r)      "Hazardous Substance" means:

 

(a)        any substance or mixture of substances, other than a pesticide, that exhibits characteristics of flammability, corrosivity, reactivity or toxicity; and

(b)        any substance that is designated as a hazardous substance within the regulations of the Environmental Protection and Enhancement Act and the Waste Control Regulation of the Province of Alberta;

 

s)      "Hazardous Waste" means waste defined as hazardous waste under the Environmental Protection and Enhancement Act and the Waste Control Regulations of the Province of Alberta;

 

 t)     "Industrial" means those activities that are principally for the processing of materials or the manufacturing, assembling, servicing, repairing, storing or transporting of materials, goods or equipment;

 

u)     "Institutional" means those activities that are principally for the provision of community, educational, religious, cultural or recreational services;

 

v)      "Interceptor" means a receptacle approved by the CAO and designed to prevent oil, grease, sand or other matter from passing from the source thereof into the wastewater collection system under a predefined range of operational parameters, including, but not limited to, flow rate and specific gravity;

 

w)     "Lime Slurry and Residues" excess of 10, or suspended solids in excess of 1000 milligrams per litre;

 

x)      "Loading Dock Area" means the outdoors loading dock of a building used for loading and unloading trucks, trailers and rail cars, and the area within one(1) metre in front of the loading dock;

 

 y)     "Material Transfer Area" means the outdoors area at a commercial, institutional or industrial facility where the bulk transfer of gasses, liquids or solids takes place, and the surrounding area within two (2) metres.

 

z)      "Matter" means any solid, liquid or gas;

 

z.1)    "Natural Outlet" shall mean any naturally occurring outlet into a water course, pond, ditch, lake, or other body of surface or groundwater not constructed by any person;

 

 

 

 

aa)    "Owner" means any person who is registered under the land Titles Act as the owner of land, or any other person who is in lawful possession thereof or who is in lawful possession or occupancy of any buildings situated thereon;  

 

 bb)   "Permit" means a permit issued by the CAO or designate;

 

cc)    "Person" means any individual, partnership or corporation and includes heirs, executors, administrators or legal representative of a person;  

 

dd)    "Phosphates" shall mean a chemical salt classified as orthophosphates, condensed phosphates and poly-phosphates;

 

ee)    "Polluted Wastes" and "Polluted Water" are materials or water that are contaminated with wastes in excess of that permitted in this bylaw;

 

ff)     "Premise" means any land or building or both, or any part thereof;  

 

gg)   "Private Drainage System" means a privately owned assembly of pipes, fittings, fixtures, traps and appurtenances, including the building sewer and building drain, that is used to convey wastewater, clear-water waste, storm water or foundation drainage to a sewer service or a private wastewater disposal system;

 

hh)   "Private Wastewater Disposal System" means a privately owned system for the treatment and disposal of wastewater and may include septic tank with an absorption field or other approved means of disposal;

 

ii)     "Public Sewer" means a sewer which is owned by the Town;

 

jj)    "Release" means to directly or indirectly conduct matter to the sewerage system, wastewater treatment facility or watercourse by spilling, discharging, disposing of, abandoning, depositing, leaking, seeping, pouring, draining, emptying, or by any other means;  

 

kk)    "Sanitary Sewer" shall mean a sewer located on public property which is designated by the CAO to carry wastewater only;

 

ll)      "Septage" means wastewater removed from a cesspool, septic tank system, privy vault or privy pit, chemical toilet, portable toilet, or wastewater holding structure or wastewater which otherwise meets the requirements of Section 92 of this Bylaw. 

 

mm)  "Sewer" shall mean a pipe or conduit for carrying wastewater;

 

nn)   "Sewer Service Charge" means a charge made pursuant to the provisions of this Bylaw, but does not include a sewer service surcharge;  

oo)  "Waste Water Service Surcharge" means the rate per cubic metre of water consumed and charged to a user who releases wastewater to the sewer that exceeds one or more constituent concentrations as set out in Section 108;  

 

pp)    "Sewerage Works" shall mean all sewers and facilities for collecting, pumping, treating, and disposing of wastewater;

 

qq)    "Sludge" means wastewater containing more than 0.5% total solids; 

rr)     "Standard Methods" means the analytical and examination procedures  

(a) set out in the current edition of "Standard Methods for the Examination of Water and Wastewater" published jointly from time to time by the American Public Health Association and the American Water Works Association and the Water Environment Federation, and

 

(a)         includes those procedures approved by the CAO in writing which are on file at the office of the CAO

 

and in the event of a conflict between those procedures described in (a) above and the procedures approved by the CAO, the procedure approved by the CAO shall prevail;

 

ss)      "Storm Drainage" means storm drainage resulting from precipitation;

 

tt)     "Storm Drainage Collection System" means the system of sewers, valves, fittings, pumping stations and appurtenances owned by the City and used to collect storm drainage, but does not include plumbing or service connections in buildings;

 

uu)    "Storm Sewer or Storm Drain" shall mean a pipe or conduit which is designated by the CAO to carry storm, surface drainage, and groundwaters only;

 

vv)    "Storm Water" means surface run off water which is the result of natural precipitation;

 

ww)   "Subsurface Water" means water at a depth of not more than 15 metres beneath the surface of the ground and includes foundation drainage;

 

xx)    "Sump" means a facility on the connection to the wastewater collection system or the storm drainage collection system for trapping large, heavy solids before discharge to the wastewater collection or storm drainage collection system;

 

yy)     "Suspended Solids" shall mean solids that either float on the surface of, or be in suspension in water, wastewater, or other liquids, and which are removable by laboratory filtering;

 

zz)     "Test Manhole" means a manhole or other facility suitable to the CAO for obtaining flow measurement and wastewater samples of any and all discharges to the wastewater collection system or the storm drainage collection system;

 

aaa)   "Total Suspended Solids" means solid matter that can be removed by filtration through a standard filter as set forth in the Standard Methods;

 

bbb)  "Waste" means an unwanted substance or mixture of substances and includes refuse and garbage’

 

ccc)   "Wastewater" shall mean a combination of the water carried wastes from all buildings in the Town and without limiting the generality of the foregoing, including residences, business buildings, institutions, and industrial establishments;

 

ddd)  "Wastewater Collection System" means a system of sewers, valves, fittings, pumping stations and appurtenances used to collect wastewater but does not include plumbing or service connections in buildings;

 

eee)   "Wastewater Treatment Plant" shall mean any facility used for the physical, chemical, biological or radiological treatment of wastewater, and without restricting the generality of the foregoing shall include sludge treatment, biosolids storage and disposal facilities, and a wastewater disposal system;

 

fff)    "Water Course" shall mean a channel in which a flow of water occurs, either continuously or intermittently.  (02/13/06)

 

90. The CAO shall make available for inspection by the public copies of those analytical and examination procedures which have been approved by the CAO.
(02/13/06)

COMPLIANCE WITH OTHER LAWS  

Nothing in this Bylaw relieves any persons from complying with any provision of any Federal or Provincial legislation or any other Bylaw of the Town. (02/13/06)

DISPOSAL OF WASTE  

92 (1) The owner of a building shall ensure that wastewater from the plumbing system in the building is disposed of into the wastewater collection system or a private sewage treatment and disposal system approved by the CAO.  

(2) The owner of a building, where the plumbing system is to be connected to the wastewater collection system, shall ensure that the plumbing system is not used for the disposal of any material prior to connection to the wastewater collection system. (02/13/06)

USE OF WASTE WATER SYSTEM REQUIRED 

93 (1) No person shall place, deposit, or permit to be deposited in any manner upon public or private property within the Town or in any area under the jurisdiction of the Town, any human or animal excrement, or other waste, or dangerous goods.

(2) No person shall discharge from any natural outlet within the Town or to any area under the jurisdiction of the Town, any wastewater, industrial waste, dangerous goods, or polluted waters, except where suitable pre-treatment is within the provisions of this bylaw.(3) Except as permitted by this Bylaw or Safety Codes, no person shall construct or maintain in the Town any privy or pit toilet, septic tank, cesspool, or other facility intended or used for the collection or disposal of wastewater. (02/13/06)

STORM DRAINAGE

94 (1) Except as otherwise provided in this Bylaw, no person shall direct, allow or suffer any storm drainage to be placed in the wastewater collection system.

(2) Where storm drainage on any land is directed into or connected to the wastewater collection system, the owner of that land shall forthwith, upon being so directed by the CAO, disconnect the storm drainage from the wastewater collection system and connect it to the storm drainage collection system, if available, or shall dispose of the storm drainage in a manner satisfactory to the CAO.

(3) Notwithstanding subsection (2), the CAO may approve connection or direction of storm drainage to the wastewater collection system (02/13/06)

PROHIBITED MATERIALS

95 (1) Except as otherwise provided in this Bylaw, no person shall release or discharge, or permit the releasing or the discharge, of any waste described in Schedule "A" into the wastewater collection system.

(2) Except as otherwise provided in subsections (3) and (4), no person shall cause or allow to be discharged into the wastewater collection system wastewater which

A) has a biochemical oxygen demand greater than 1000 milligrams per litre;
B) contains total suspended solids in excess of 1000 milligrams per litre;
C) contains more than 150 milligrams per litre of fat, oil and grease

(3) Subsection (2) does not apply to prevent the discharge of human excrement and urine.

(4) Where the CAO is satisfied that wastewater which does not meet the requirements of subsections (1) or (2) will not damage the wastewater collection system, the CAO may, notwithstanding subsections (1) or (2), by approval given in writing allow such wastewater to be deposited into the wastewater collection system upon such terms and conditions as the CAO may specify including but not limited to periodic testing of the wastewater and the payment of surcharges in accordance with the requirements of this Bylaw.

(5) No person shall, for the sole purpose of meeting any concentration limits set out in this Bylaw, dilute any wastewater intended to be deposited in the wastewater collection system. (02/13/06)

UNLAWFUL, UNAUTHORIZED AND ACCIDENTAL RELEASES

96 (1) Any person who releases or discharges, or causes or permits the release or discharge of any waste into the wastewater collection system or the storm drainage collection system in contravention of this Bylaw shall immediately notify:

(a) the 9-1-1 emergency telephone number if there is any immediate danger to human health and/or safety; or  
 (b) if there is no immediate danger:    

      

(i) the CAO by contacting the Town of Lacombe, 24 Hour Sewer Trouble Number at 782-3880  and
(ii) the owner of the premises where the release occurred, and
iii) any other person whom the person reporting knows or ought to know may be directly affected by the release.  

(2) The person reporting the release or discharge pursuant to Subsection 1(b) shall supply the CAO with the following information:

A) location where the release occurred,  
B) their name and a telephone number where they may be reached,
C) time of the release
  D)   type of material released and any known associated hazards,
E) volume of the material released, and
F) corrective action being taken, or anticipated to be taken, to control the release. (02/13/06)

INTERFERENCE WITH WASTE WATER SYSTEMS

97.       No person shall turn, lift, remove, raise or tamper with the cover of any manhole, ventilator or other appurtenance of any Town waste water system, except where authorized by the CAO. (02/13/06)

98.       No person shall cut, break, pierce, or tap any waste water pipe or appurtenance thereof, or introduce any pipe, tube, trough, or conduit into any Town waste water system. (02/13/06)

99.       No person shall interfere with the free discharge of any Town waste water or part thereof, or do any act or thing which may impede or obstruct the flow and clog up any Town waste water or appurtenance thereof. (02/13/06)

BACKFLOW VALVES

100.      (1) Where premises are subject to backflow, all plumbing fixtures and floor drains set below the level of the ground surface of the adjoining street or property shall be protected from backflow by an approved flow valve

(2) Back flow valves are required for all premises where service lines are within 2.1m of the ground water table. (02/13/06)

TREES AND ROOTS  

101. No deep rooting trees (without limiting the generality of the foregoing, including willow, poplar and elm) shall be planted over building sewer lines on private property.  If it is determined that roots are entering the sewage works from trees upon private property, the trees may be removed by the Town at the owner's expense.  (02/13/06)

INTERCEPTORS

102 (1)   An owner or occupier of any premises upon which an industrial or commercial activity is carried on and which discharges into the wastewater collection system wastewater containing oil, grit, grease, sand or inflammable material shall provide an interceptor on the premises in the location directed by the CAO. 

(2) All interceptors shall be of a type and capacity approved by the CAO and shall be so located as to be readily and easily accessible for cleaning and inspection and shall be maintained by the owner at the owner’s expense in continuously efficient operation at all times.  

(3) The owner or occupier of the premises described in Subsection (1) shall:  

A) keep the interceptor in good working condition at all times; and
B) service the interceptor often enough so that it does not become overloaded.

(4) No person shall deposit, or cause or allow, any interceptor residue to be deposited into the wastewater collection system.    (02/13/06)

103.   Should any blockage, either wholly or in part, of the sewerage works be caused by reason of failure, omission, or neglect of a customer, or owner of property, to comply strictly with the provisions of this bylaw, the customer or owner shall, in addition to any penalty for infraction of this bylaw, be liable to and shall on demand pay the Town for all costs of clearing such blockage as determined pursuant to Schedule “A” and for any other amount for which the Town may be held legally liable because of such blockage.    (02/13/06)

104.   Any person who contravenes any of the provisions of Section 95(1) shall, in addition to any penalty for infraction of this bylaw, be liable to and shall on demand pay to the Town all costs of cleaning up and removing any of the materials listed in Section 95(1) and removing and cleaning up a contamination resulting from the discharging of any such materials into a sanitary sewer, and for any other amount for which the Town may be held legally liable because of such contamination.  (02/13/06)

PROVISION OF WASTEWATER PRE-TREATMENT  

105 (1) Where wastewater discharged into the wastewater collection system has concentrations of BOD, suspended solids or FOG in concentrations in excess of those listed in Section 108 (1), then the owner or occupier shall forthwith apply pre-treatment of the wastewater before entering the Town’s wastewater collection system.  

(2) Where wastewater is discharged into the wastewater collection system in volumes which in the opinion of the CAO are highly variable or unusual, the owner or occupier thereof shall take such steps as are required by the CAO to equalize the discharge into the wastewater collection system.  

(3) Such pre-treatment or flow equalization equipment shall be maintained continuously by the owner or occupier of such premises in a manner satisfactory to the CAO.  

(4) The pre-treatment process shall contain acceptable wastewater screening and dissolved air floatation, or equivalent, process.  (02/13/06)

SEWERAGE SERVICE LEVY AND BILLING RATES

Rate Payable  

106. (1) All persons occupying a property or premises connected with the Town’s sewerage works shall be required to pay a levy for services as prescribed in Section 63 of this Bylaw.  

(2) Should such property or premises be served in whole or in part from water other than the Town water supply, the CAO may estimate the water consumption or  require that a meter be installed in order to determine the quantity of water consumed for the purposes of the charges imposed pursuant to this Bylaw

(3) Where a premise is served with water from a source other than the Town water supply, a Town water meter shall be installed prior to such water being deposited to the wastewater collection system to determine the quantity of water consumed for the purposes of the charges imposed pursuant to this Bylaw.   

(4) Should the information upon which any sewer utility charges prove to be in error, the CAO may estimate sewer utility charges for the affected period and make appropriate billing. (02/13/06)

Exceptions  

107 Notwithstanding the provisions of this bylaw, the CAO shall have the right to make special agreements on terms fixed by the CAO with certain industries or others to whom large quantities of water are sold but whose uses of such water do not involve the return of comparable amounts of wastewater to the Town's sanitary sewer.  (02/13/06)

WASTE WATER SERVICE SURCHARGE  

Rate Payable

108 (1) When tests carried out pursuant to this Bylaw show that the wastewater from any industrial or commercial premises discharged to the wastewater collection system has a biochemical oxygen demand greater than four hundred milligrams per litre (400mg/L) or total suspended solids in excess of four hundred milligrams per litre (400mg/L) , then the owner or occupier shall be subject to a surcharge in addition to the sewer service charge set out in Section 63.  

(2) The surcharge for sewer service shall be determined in cents per kilogram as set out in Schedule "C".  

(3) For the purpose of establishing the surcharge on a monthly basis the rate established pursuant to Schedule "C" shall be multiplied by the number of volume of water consumed by the industrial or commercial premises and the concentration of the industrial load as tested in the grab samples.  (02/13/06)

Billing and Payment

109 (1) Where a surcharge rate has been established pursuant to Section 108, it shall remain in effect for a minimum period of three months.  

(2) Where as provided in Section 112(2) the concentration of the wastewater discharged into the wastewater collection system is determined from a common test manhole where the wastewater is a combination of that discharged from more than one premises served by separate water meters then the surcharge rate so determined shall be applied to the utility bill of each separate premises.  

(3) Where the sewer surcharge is levied, the Town shall show the surcharge as a separate item on the utility bill issued under Section 64 and the surcharge shall form part of and be payable to the Town at the same time as the utility bill.  

(4) Notwithstanding subsection (1), when a customer experiences an abnormally high surcharge rate, the CAO may adjust the sewer service surcharge to be billed conditional on the customer correcting the cause for the abnormally high surcharge rate to the satisfaction of the CAO.  

(5) Notwithstanding subsection (1), when the CAO has been provided with information satisfactory to the CAO indicating a significant permanent change in effluent strength has occurred, the CAO may order testing and the subsequent establishment of a new surcharge rate prior to the expiration of the minimum three month period referred to in subsection (1). (02/13/06)

Exemptions  

110 (1) Where metered water is supplied to premises and all of such water is not deposited in the wastewater collection system, the water not deposited shall be exempt from sewer service charges and sewer surcharges, if the amount not deposited can be measured in a manner satisfactory to the CAO.

(2) A person requesting an exemption pursuant to this Section shall be responsible for the cost of supplying, installing, calibration verification, and maintaining all metering equipment required for the purposes of determining the exemption.  

(3) A person who is responsible for maintaining metering equipment pursuant to subsection (2) shall repair any defective metering equipment within thirty (30) days of being required to do so by the CAO, failing which the exemption granted pursuant to this Section may be terminated by the CAO.  

(4) Only metering equipment and methods of calculation approved by the CAO, and Weights and Measures Canada, shall be used in determining an exemption to be granted pursuant to this Section. (02/13/06)

TEST MANHOLES  

111 (1) A person who carries on an industrial or commercial activity on a premise which is connected, or which is to be connected, to the sanitary wastewater collection system or the storm drainage collection system shall provide to the Town, at no cost to the Town, test manholes, or suitable holding tank, for the testing of wastewater and storm drainage from the premises at locations satisfactory to the CAO.  Town personnel shall be permitted access for grab samples upon request.  

(2) Notwithstanding the above, when required by the CAO, the installation of a manhole in a wastewater service connection to an industrial, commercial, or other development will be required:  

A) to facilitate the clearing of blockages where, in the opinion of the CAO, the risk of sewer blockage is high;  
B) for observation, sampling, and measurement of the waste of premises served by a wastewater service connection carrying industrial waste.  

(3) Without limiting the generality of the foregoing, manholes will be required or, but not limited to:  

A) Industrial - Oil related industries, dairies, breweries, packing plants, processing plants, feed mills, manufacturing plants, fabricating plants, painting shops.  
B) Commercial - Shopping centres, heavy machine repair, welding shops, automobile repair, service stations, car washes, restaurants, paint stores, hotels, motels, dry cleaners, laundries.  
C) Other - Residential dwellings over 6 units, apartment over 6 units, institutions, hospitals, dental labs, funeral homes, churches, schools.  

(4) If a test manhole has not been provided for a premises on which an industrial or commercial activity is occurring or if the test manhole provided for such premises is for any reason not accessible to the CAO, the CAO by notice in writing may require the owner or occupier of the premises to pay to the Town, that amount of money which the CAO deems necessary to cover the cost of constructing and installing a test manhole and upon receipt of such notice, the owner or occupier of the premises as the case may be, shall forthwith pay such amount to the Town. (02/13/06)

TESTING OF WASTEWATER  

112 (1) The CAO may take wastewater grab samples for analysis, notwithstanding the provisions of Section 95(2), where any person has discharged, caused, or permitted to be discharged into any sanitary sewer any:  

A) Suspended solids which exceed 400 mg/L; or  
B)   B.O.D. which exceed 400 mg/L; or  
C) Fat, oil and grease that exceed 150 mg/L;  

(2) Should testing of the wastewater being discharged into the wastewater collection system be required for the purpose of determining the sewer service surcharge, such testing shall be conducted by the CAO using automated sampling devices or in accordance with the following manual sampling protocol;  

 A) samples from the effluent produced at a location will be collected each day for a minimum of two days;  
B) a minimum of four grab samples of equal volume shall be taken each day, such samples to be taken at least one hour apart;  
C) the analysis shall be conducted on a composite sample made of each day's grab samples;
D) the respective results of these tests shall be averaged to determine the characteristics and concentration of the effluent being discharged into the Town wastewater collection system.  

(3) Where a common sewer service pipe connects different industrial and commercial premises served by separate water meters to the wastewater collection system and only one test manhole is maintained pursuant to this Bylaw, the results of tests performed on samples collected from such test manholes shall be used to determine a sewer service surcharge which shall be used for all premises connected to the common sewer service.  

(4) Any single grab sample may be used to determine compliance with any provision of this Bylaw.  

(5) The CAO may from time to time conduct tests at the test manhole, or, where there is not a test manhole located at a place satisfactory to test the wastewater being discharged, the CAO may enter upon the premises from which the wastewater originates and conduct the tests as he deems necessary.  

(6) For the purpose of determining compliance with Section 95, the CAO may test discrete wastewater streams within a premises.  

(7) Where there is more than one test manhole servicing a site, the CAO may estimate proportions of samples collected from each test manhole for the purpose of determining a sewer service surcharge.  

(8) All measurements, tests, and analysis of the characteristics of industrial waste, wastewater or water to which reference is made in this bylaw shall be determined in accordance with the "Standard Methods and Practices for the Examination of Water and Sewage" of the American Public Health Association, and shall be determined from suitable samples taken at the control manhole provided for in Section 95.  In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the sanitary sewer to the point at which the sewer connection enters the sanitary sewer.  (02/13/06)

MONITORING EQUIPMENT  

113 (1) Where in the opinion of the CAO any source of wastewater connected to the wastewater collection system may produce wastewater not in compliance with this Bylaw, the CAO may order the testing of the characteristics and concentrations of the wastewater being discharged.  

  (2) Should any testing undertaken pursuant to subsection (1) disclose that the wastewater is not in compliance with this Bylaw, the CAO may direct the owner of the premises from which the wastewater originates to comply with this Bylaw, and the owner shall forthwith take all action necessary to ensure that the wastewater complies with the requirements of this Bylaw.  

(3) In addition, the CAO may direct the owner described in subsection (2) to install and utilize such monitoring equipment as the CAO deems necessary and the owner shall, at the expense of such owner, forthwith install and utilize all such equipment.  The results of such monitoring shall be supplied to the CAO.  (02/13/06)

RIGHT OF ENTRY  

114  The CAO shall have the right at reasonable times to enter houses or other places which have been connected with Town waste waters, and facilities must be given the Town to ascertain whether or not any improper material or liquid is being discharged into waste waters, and the Town shall have the power to use any test or other means necessary to determine compliance with this Bylaw and to stop or prevent the discharge of any substances which are liable to injure the waste water or obstruct the flow of sewage.   (02/13/06)

Part 13 - Cross Connections and Backflow Prevention

115   No person shall connect, cause to be connected, or allow to remain connected to the water system any piping, fixture, fittings, container or appliance, in a manner which under any circumstances, may allow contaminated or polluted water, waste water, or any other liquid, chemical or substance to enter the domestic water system.

116  If a condition is found to exist which is contrary to Section 115, the Chief Administrative Officer may issue such order or orders to the owner of the property as may be required to obtain compliance with Section 115.

117  All premises or properties located within the Wolf Creek Industrial Park which receive water service from the Town under this Bylaw shall be equipped with a cross connection control device approved by the Chief Administrative Officer.

118  Where, in the opinion of the Chief Administrative Officer, the configuration of any water connection on a premises or property creates a risk of contamination to the water system, the owner of the premises or property, shall, upon being given notice, install on a cross connection control device.

119  The owner of the premises or property required to install cross connection control devices, shall be responsible for the costs of the device and its installation and for arranging its installation.

120  All cross connection control devices shall be inspected and tested at the expense of the owner, both upon installation, and thereafter annually, or more often if required by the Chief Administrative Officer, by personnel approved by the Chief Administrative Officer to carry out such tests to demonstrate that the device is in good working condition. The owner shall submit a report in a form approved by the Town on any or all tests performed on cross connection control devices within thirty (30) days of a test and a record card issued by the Chief Administrative Officer shall be displayed on or adjacent to the cross connection control device. The tester shall record thereon the name and address of the owner of the device; 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 license number.

121  Notwithstanding Clause A, the Town will bear the costs of testing from August 1, 1998 onward for the following properties until such time as property ownership changes thereafter and then clause "100.6 shall govern:

1. Thompson-Pallister Bait Co. Ltd. - 5860 Len Thompson Drive
2. Simmons Drilling Corporation - 5613 Len Thompson Drive
3. Thomson Pipeline - 4110 - 55 Avenue
4. W.D. Solar Design - 5618 Wolf Creek Drive
5. Henninger Trenching - 5622 Wolf Creek Drive
6. Gillard Trucking - 5626 Wolf Creek Drive
7. Tolson-Russel - 5642 Wolf Creek Drive
8. Prairie Yacht Company - 5647 Wolf Creek Drive
9. Woodspan Building Products - 5910 Len Thompson Drive
10. Goldstar Developments - 5501 Wolf Creek Drive

122  When the results of a test referred to in Section 120 show that a cross connection device is not in good working condition, the owner shall undertake to make repairs or replace the device within ninety-six (96) hours of becoming aware of the results of the test.

123  If an owner fails to have a cross connection control device tested, the Chief Administrative Officer may order the owner to test the cross connection control device within ninety-six (96) hours of receiving the notice.

124  No person shall turn on a water service valve to provide water to the occupants of any newly renovated, constructed, or reconstructed premises until the plumbing system in such premises has been inspected for cross connections and approved in accordance with this bylaw.

125  No persons other than those who have achieved journeyman or "Certificate of Competency" in the cross connection control program of Alberta may conduct the tests of cross connection control devices, except with special permission from the authority having jurisdiction.

126  Where an owner fails to install, repair or replace a cross connection control device where required or where an owner to to whom the Chief Administrative Officer has issued an order, fails to comply with that order, the Chief Administrative Officer may:

A)  Give further notice to the owner to correct the fault within a specified time period and, if the notice is not complied with, may then shut off the water service or services
B)  Shut off the water service or services without prior notice.

127 Water services shut off under Section 125 will not be reconnected until such time as:

A)  the deficiency is remedied or the order complied with, and
B) the provisions of Section 75 are met. (08/10/98)

Part 14 - Penalties, Enactment and Other Provisions

128  Any breach of the provisions of this Bylaw and associated regulations shall be subject to the provisions of the "Lacombe General Penalty Bylaw".

129  Where a breach is of an ongoing nature additional charges may be laid in each succeeding 12-hour period.

130  The Town is not liable for damages

A)  caused by the break of any water or waste water main or service line
B) caused by the interference or interruption in the supply of water or waste water services necessary in connection with the repair or proper maintenance of the water and waste water system
C) generally for any accident due to the operation of the water and waste water system unless that action has been shown to be directly due to the negligence of the Town.

131 Bylaws G250A and other Resolutions are hereby rescinded.

132 Schedule B shall form part of this bylaw. (12/12/94) (12/10/01)

132.1 Council, from time to time by resolution, may establish other service charges rates and tolls for the supply of water and waste water utility services. (12/12/94)

This bylaw shall take effect August 1, 1986.

Amendments

Bylaw Number

Final Reading

Resolution

70.1 September 29, 1987 87-451
70.2 December 29, 1987 87-591
70.3 April 11, 1988 88-162
70.5 July 10, 1989 89-340
70.6 December 11, 1989 89-605
70.7 July 23, 1990 90-356
70.8 February 25, 1991 91-96
70.9 January 13, 1992 92-20
70.10 December 14, 1992 92-508
70.11 December 13, 1993
Replaced Dec. 10/01
93-572
01-491
70.12 December 12, 1994 94-630
70.13 December 11, 1995 95-528
  September 23, 1996 Amended
Rescinded April 27, 1998
96-318
98-163
70.15 March 2, 1998 98-71
70.17 August 10, 1998 98-275
70.18 March 8, 1999 99-090
70.19 March 26, 2001 01-121
70.20 December 10, 2001 01-491
70.22 February 24, 2003 03-68
70.23 December 8, 2003 03-431
70.25 December 13, 2004 04-393
70.26 March 14, 2005 05-093
70.27 February 13, 2006 06-063
70.28 February 13, 2006 06-067
70.29 December 11, 2006 06-380
70.30 January 1, 2008 08-007

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SCHEDULE A

WASTEWATER CHARACTERISTICS

   

The following shall not be discharged into the wastewater collection system:    

(a)        any substance which, in the opinion of the CAO,    

 

  (i)  is or may become harmful to any recipient water course or sewerage system or part thereof;  
(ii)  may interfere with the proper operation of the sewerage system;  
(iii)   may impair or interfere with any wastewater treatment process; or
(iv)       may become a hazard to persons, property, or animals;    

(b)        any flammable liquid or explosive material;  

(c)         a solvent or petroleum derivative including but not limited to gasoline, naphtha of fuel oil;  

(d)        any matter, other than domestic wastewater which by itself or in combination with another substance is capable of creating odours related to but not limited to hydrogen sulphide, carbon disulphide, other reduced sulphur compounds, amines or ammonia outside or in and around the wastewater collection system;  

(e)        any pesticides or herbicides;  

(f)        wastewater containing materials which by themselves or in combination with other materials become highly coloured and pass through the wastewater collection system discolouring the effluent;  

(g)        dangerous goods;  

(h)        ashes, cinders, sand, potters clay, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, or other solid or viscous substance capable of causing obstruction, or other interference with, the operation of the sewerage works;  

 (i)        (i)            Manure or intestinal contents  

(ii)           Hooves, toenails or bone scraps,  

(iii)          Hides or parts thereof;

(iv)           Animal fat or flesh, in particular larger than will pass through a 6 millimetre screen;

(v)            blood; 

(n)        grit removed from commercial or industrial premises including but not limited to grit removed from car washing establishments, automobile garages and restaurant sumps or from interceptors;

(o)        any corrosive or toxic wastewater or other wastes which could adversely affect the wastewater collection system;  

(s)         wastes which will cause a violation or non-compliance event in the operating approval for the wastewater treatment plants;

(u)        storm water drainage or sub-surface drainage except  

            (i)         sub-surface or foundation drainage connected to the wastewater collection system before 1973;  

           (ii)        storm water drainage or sub-surface drainage unless authorized by the CAO pursuant to Section 103 (3);  

(v)         hazardous waste or hazardous  materials;  

(w)        Lime slurry and residues.

   

SCHEDULE C

  WASTE WATER SERVICE SURCHARGE

 

1.         Where the CAO has tested the discharge of wastewater into the sewerage system pursuant to Clause 107 and found that the wastewater exceeds the limits of B.O.D. or suspended solids, then that customer shall pay for wastewater service at the following rates:  

                        B.O.D.:  $0.3866 per kg  

                        Suspended Solids:  $0.3866 per kg  

2.         For the purpose of calculating the sewerage charge payable by a customer, the volume of wastewater contributed by the customer to the sewerage works shall be deemed to be equal to 80% of the water delivered to the customer’s premises, whether the water was received from the Town or from sources other than the Town.