ByLaw No.20-1998 Waterworks Management By-Law

The Corporation of the Village of Burk's Falls

By‑law No. 20 ‑ 1998

WHEREAS Chapter P.52, the Public Utilities Act, Part 1 (2) (1) states that the corporation of a local municipality may, under and subject to the provisions of this Part, acquire, establish, maintain and operate waterworks, and may acquire by purchase or otherwise and may enter on and expropriate land, waters and water privileges and the right to divert any lake, river, pond, spring or stream of water, within or without the municipality, as may be considered necessary for waterworks purposes, or for protecting the waterworks or preserving the purity of the water supply.

AND WHEREAS it is necessary and expedient to make provision for the management of the Burk's Falls Water Works the Village of Burk's Falls hereby enacts as follows:

1a). The Corporation may regulate the distribution and use of the water in all places where and for all purposes for which it may be required, and fix the prices for the use thereof, and the times of payment, and may erect such number of public hydrants and in such places as it may see fit, and may direct in what manner and for what purposes the same shall be used, and may fix the rate or rent to be paid for the use of the water by hydrants, fireplugs and public buildings. R.S.O. 1980 c 423 s 8, R.S.O. 1990 Chap. P52, Par. 8.

1b) In default of payment, the corporation may shut off the supply but the rents or rates in default are, nevertheless, recoverable. And where rates that are based on the water rates or charges charged or chargeable in respect of any land are imposed on the owners or occupants of such land in respect of the construction, operation or maintenance of sewage works or in respect of sewage service, the corporation may, in default of payment of the rates in respect of sewage works or sewage service, shut off the supply of water provided by the corporation to such land, but the rates in default are, nevertheless recoverable. R.S.O. 1990, P 52, Par. 28, (3)(4).

1c). The amount payable to a municipal corporation by the owner or occupant of any lands for the public utility supplied to the owner or occupant for use thereon is a lien and charge upon the estate or interest in such land of the powers on by whom the amount is due, and may be collected by distress upon the goods and chattels of the person and by the sale of the person’s estate and interest in the lands and in the case of an amount payable by the owner of lands, the amount is a lien and charge upon the lands in the same manner and to the same extent as municipal taxes upon land. 1982 c.45, s. 1, R.S.O. 1990, Chap. P 52, Par. 31, (1)

2. That no deduction shall be made from any bill of water for non-use of same. The Disconnection/Re-connection fee for non-payment of current billings shall be set by Resolution of Council.

3. That no application shall be entertained for the supply of water to any premises or person in respect of which rates are due to the Corporation until such indebtedness is paid.

4. Any person about vacating any premises that have been supplied with water, or who is desirous of discontinuing the use thereof, must give due notice of the same at the Municipal office, otherwise he will be held liable for the rate therefor.

a) willfully hinders or interrupts, or causes or procures to be hindered or interrupted the corporation, or any of its officers, contractors, agents, servants or workers, in the exercise of any of the powers conferred by this Act:

b) willfully lets off or discharges water so that the water runs waste or useless out of the works:

c) being a tenant, occupant, or inmate of any house, building or other place supplied with water from the waterworks, improperly wastes the water or, without the consent of the corporation, lends, sells, or disposes of the water, gives it away, permits it to be taken or carried away, uses or applies it to the use or benefit of another, or to any use and benefit other than the person’s own or increases the supply of water agreed for;

d) without lawful authority willfully opens or closes any hydrant, or obstructs the free access to any hydrant, stopcock, chamber, pipe, or hydrant-chamber by placing on it any building material, rubbish, or other obstruction;

e) throws or deposits any injurious, noisome or offensive matter into the water or waterworks, or in any way fouls the water or commits any willful damage, or injury to the works, pipes, or water, or encourages the same to be done;

f) willfully alters any meter placed upon any service pipe or connected therewith, within or without any building or other place, so as to lessen or alter the amount of water registered; or

g) lays or causes to be laid any pipe or main to communicate with any pipe or main of the waterworks, or in any way obtains or uses the water without the consent of the corporation,

is guilty of an offense, R.S.O. 1980 C 423, s 13, 1989 C 72, s 58 (2), R.S.O. 1990 Chap. P 52, Par. 13.

6a). Before commencing any new work it shall be the duty of the property owner to make application to the Municipal Council. All applications for water shall be made in writing upon forms supplied by the Municipal Office. That application shall state the size and kind of service pipe to be used, the name and side of the street, and the civic address and the number of the lot, the full name of the owner and occupant of the property, the purpose or purposes for which the water is to be used, and all other particulars pertaining to a full understanding of the subject. No connections shall be made between the first day of December and the first day of April unless recommended by the Superintendent and approved by Council.

b) Upon application being made and approved by Council, the Corporation will lay all service pipes for the supply of water to the premises from the main to the street-line or boundary free of cost.

c) The onus shall lie upon the water-taker to show that the pipe laid within his premises is in accordance with the requirements of the corporation; and unless such be shown to the satisfaction of the Superintendent, connection shall not be made with the street pipe.

d) All services pipes upon the premises of water-takers shall be laid to a depth of not less than four feet below the level of the surrounding grounds, and where they cross at or near other excavations, they shall be properly protected against settlement, except where used for lawn or garden purposes only.

7. The service pipes from the line of a highway to the interior face of the outer wall of the building supplied, together with all branches, couplings, stopcocks and apparatus placed therein by the corporation are under its control, and if any damage is done to that portion of the service pipe or its fitting, the owner or occupants of the building shall forthwith repair the same to the satisfaction of the corporation, and, in default of so doing, whether notified or not, the corporation may enter upon the land where the service pipe is and repair the same, and charge the cost thereof to the owner or occupant of the premises, and the cost may be collected in the same manner as water rates.

8. The corporation is not liable for damages caused by the breaking of any service pipe or attachment, or for shutting off of water to repair or to tap mains, if reasonable notice of the intention to shut off the water is given. R.S.O. 1980, c 423, s. 10, R.S.O. 1990 Chap. P52, Par. 10.

9. Any person authorized by the corporation shall have free access at all reasonable times and upon reasonable notice given and request made, to all parts of every building or other premises to which any public utility is supplied for the purpose of inspection or repairing, or of altering or disconnection any service pipe, wire, rod, within or without the building or for placing meters upon any service pipe or connection within or without the building as he or she considers expedient and for that purpose or for the purpose of protecting or regulating the use of the meter, may set it or alter the position of it, or of any pipe, wire, rod, connection or tap, and may alter or disconnect any service pipe. R.S.O. Chap. P 52, Par. 50 (1).

10. That this By-law shall constitute the Village of Burk’s Falls Water policy which may be amended by Council as and when required. And that any matter not covered in this by-law shall be dealt with specifically by Council and added to the Water and Sewer policy.

AS READ A THIRD TIME AND FINALLY PASSED BY COUNCIL THIS 15th DAY OF DECEMBER 1998 .