Bylaw No. 859/07 CONSOLIDATED WORKING COPY

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CONSOLIDATED WORKING COPY A BYLAW OF THE TOWN OF NIPAWIN FOR THE MAINTENANCE AND MANAGEMENT OF THE WATERWORKS AND SANITARY SEWER SYSTEMS The Council of the Town of Nipawin in the Province of Saskatchewan, enacts as follows: 1. DEFINITIONS: In this Bylaw the words: Person, Persons, Consumer, Consumers, Customer, Customers are synonymous and mean the person or persons, organizations, corporations, etc., responsible for the payment of charges for water and sewer services. PRINCIPAL OCCUPANCY - means in the case of premises with more than one occupancy, the major purpose for which the premises is used, and if one of the occupancies is a Commercial or Industrial occupancy, it shall be deemed to be the Principal Occupancy. DIRECTOR OF PUBLIC WORKS - means the person employed by the Town in the capacity of Director of Public Works with responsibility for administration of the Works Department. TOWN - means the Town of Nipawin, its employee or employees, whose employment requires them to undertake certain works under this Bylaw. 2. WATERWORKS SYSTEM: (a) (b) (c) Every person desiring to have his premises connected to the waterworks system shall apply to the Town for that service. The Council may cause to be installed in the premises of every person receiving water service, a meter to be placed upon the service pipe connecting the premises to the Town water system. Every person shall provide, at his own expense, a place in his premises for the installation of the meter, which shall be acceptable to the Director of Public Works and shall provide ready and easy means of access to said meter for examination by the meter reader and shall at all times properly and efficiently protect the service pipes and fixtures from frost or other injury so that the meter shall not in any way be damaged. If the Director of Public Works determines that any meter is insufficiently protected from frost, he may cut off the water service until measures to his satisfaction have been taken for its protection. Every person shall also provide at his own expense, a place, usually on the outside wall of his premises, where a remote read-out unit or a meter interface unit (MIU) may be installed. The location shall be convenient for the meter reader and acceptable to the Director of Public Works. All meters and read-outs shall be sealed with a lead seal and wire by a Town employee. Page 1 of 5

(d) No service will be given and any existing service may be discontinued without notice where no meter has been installed. Notwithstanding; a customer may make arrangements with the Town for a temporary turn-on without the required meter. A fee for the temporary turn-on shall be as included in the Works Department Fee schedule. (e) (f) (g) (h) (i) (j) (k) (l) Only one (1) meter shall be supplied for each connection to the water system of the Town. Upon complaint in writing by any person receiving water service that the meter in his premises is inaccurate, if upon examination no defect is found, the cost of examining such meter shall be borne by the consumer who lodged such complaint. This cost shall be as included in the Works Department Fee schedule as established from time to time by resolution of Council, and shall be included in the next regular account for water service rendered to such consumer. Subject to subsection (h), when it has been determined that a meter has failed to register correctly during any portion of the preceding three-month period, the amount of water consumption for such period shall be taken to be either the same as that of the previous period in which the meter has registered correctly, or the same as that of the corresponding period in the previous year, whichever may be more advantageous to the consumer. In the event that the meter, cable or the remote control readout has been altered or damaged in any way since the preceding billing period, the amount of water consumption shall be calculated as per Section 2, Subsection (g) and any repairs shall be made by the Town and the costs of materials and labour shall be paid by the owner and/or consumer. The Town shall have the option to add the repair costs to the utility account of the owner and/or consumer. No person shall install a waterline so as to bypass a meter. For water services that require a meter larger than a 3/4 inch meter, the Director of Public Works may authorize an emergency bypass to be installed around the meter. Such bypass will be equipped with the necessary control valve and shall be sealed with a standard lead seal and wire, or padlock. The Director of Public Works, Utility Foreman or any person duly authorized by either of them, may enter the premises of any customer at any reasonable time, for the purpose of installing or removing meters, examining pipes, and fixtures, repairing same or ascertaining the quantity of water used and the manner of its use. No person other than the Mayor, Town Administrator, Director of Public Works, Utility Foreman or a person authorized by any of them, or members of the Fire Department in the event of fire, shall open, close, or interfere with any hydrant, gate or valve connected with the waterworks system, and no person shall in any way interfere with any curb stop, pipe or other waterworks appliance outside of his premises, nor shall he interfere with any meter, whether inside or outside of his premises. No person shall turn water on in any premises or open a Town valve or curb stop except the Mayor, Town Administrator, Director of Public Works, Utility Foreman or a person authorized by any of them. When water has been turned off for non-payment of rates or for Page 2 of 5

failure to protect meters or pipes to the satisfaction of the Director of Public Works, or for any other necessary or proper reason, no person shall turn it on again who is not duly authorized to do so. (m) All expenses in connection with laying the water service pipe from the water main, and introducing the water into any premises shall be borne by the owner of such premises, except the cost of placing the meter. All such work shall be carried out to the satisfaction of the Director of Public Works, and in accordance with his instructions. All expenses in connection with repairing or replacing the service pipe from the property line into any premises shall be borne by the owner of such premises. A standard water service connection from the water main to the meter shall be one of the following: a). a ¾ soft copper tube, Type K or Type L; or b) a 1" High Density Polyethylene Pipe (HDPE), Series 200 (200 psi). The connection from the main to the property line shall be installed by the Town and from the property line to the building by a licensed plumber. The connection at the property line is to be inspected by the Director of Public Works or his designate. All expenses in connection with repairing or replacing the meter or service pipe from the property line to the water main shall be borne by the Town. (n) (o) (p) (q) (r) Every person violating the provisions of Subsection (k) and (l) hereof and every person interfering with or obstructing the Director of Public Works or the Utility Foreman, or their duly authorized assistants in their work, shall be guilty of an offence and liable upon summary conviction to the penalties imposed by the General Penalties Bylaw of the Town of Nipawin. For the purpose of making repairs to the mains or of connecting or repairing service pipes or constructing extensions or new work or any other work, the Town shall have the right to shut off the water from any customer without notice and to keep it shut off as long as may be necessary to enable the work to be completed. Whenever feasible, the customer shall be notified in advance. The Town or its employees shall not be liable for any damages resulting from the discontinuance of water supply, with or without notice, to any building, boiler or manufacturer deriving its supply from the waterworks system. Subject to paragraph (o) hereof, the Town shall have the right to limit the amount of water furnished to any customer, upon reasonable notice to the customer of such intended action. The Town shall have the right by resolution to discontinue the supply of water for fountains or jets, hose or sprinklers or to limit the hours for using the same. Every person found guilty of an infraction of any restriction imposed by authority of this Section, shall be liable on Page 3 of 5

summary conviction to: i) in the case of an individual, a fine of not more than $2,000.00, to imprisonment for not more than thirty (30) days, or both; ii) in the case of a corporation, a fine of not more than $5,000.00, to imprisonment of the directors of the corporation for not more than thirty (30) days, or both; iii) in the case of a continuing offence, to a maximum daily fine of not more than $1,000.00 per day. (s) Every customer intending to vacate any premises supplied with water from the Town's waterworks system or who intends to discontinue the use of such water, shall give notice of the same to the Town and shall turn off the valve on the inside of the building before leaving. (t) (i) In the event of the freeze-up of a water service pipe between a building and the Town water main, the Town will attempt to thaw the pipe once in each winter season without charge, subject to subsection (iii) below. (ii) (iii) (iv) To prevent a further freeze-up, the Town may authorize or instruct the consumer to connect an approved "bleeder" line or open an approved tap. During the period the "bleeder" is operating the consumer's water consumption charged at the minimum rate shall be increased by three thousand (3,000) gallons per month. In the case where an owner has been given permission to run a bleeder, and if it is determined that the bleeder was not on, then the Works Department fee, as established from time to time by resolution of Council, shall apply for this and any subsequent thaws for that season. All charges will be added to the consumer's account. Where a consumer fails to install an approved "bleeder" or permits a water meter or service connection to freeze-up and damage to the meter results, all repairs shall be made by the Town and the cost of materials and labour shall be added to the consumer's account. (u) No private water supply systems shall be interconnected with the Town's water supply system. Should a consumer, upon notice, fail to disconnect his private system from the Town supply he shall have his water service discontinued until such time the problem is rectified to the satisfaction of the Director of Public Works or any person duly authorized by him. 3. SEWAGE SYSTEM: (a) All expenses in connection with laying the sewer pipe from the sewer main into any premises shall be borne by the owner of such premises. All such work shall be carried out to the satisfaction of the Director of Public Works and in accordance with his instructions. A standard sewer service shall be 4 PVC plastic sewer pipe laid at minimum grade of 1/8 Page 4 of 5

per foot. The connection from the main to the property line shall be installed by the Town and from the property line to the building by a licensed plumber. The connection at the property line is to be inspected by the Director of Public Works or his designate. (b) (c) (d) The expense incidental to the removing of an obstruction or blockage in a sewer service from the building to the sewer main shall be borne solely by the owner or occupant of the property. If it has been proven, by use of a sewer video, that the blockage has been caused by root infestation from trees on Town property, the Director of Public Works may authorize removal of the tree(s) and/or have any future routering done by a local contractor at the Town s expense. Further treatment may be applied as recommended by the Director of Public Works. If a blockage continuously occurs and the Director of Public Works is satisfied the service must be repaired or replaced then the property owner must first repair or replace the portion of service from the premises to the property line, at the property owner's expense. Then the Director of Public Works is authorized to repair or replace the service from the property line to the sewer main at the Town's expense. If a blockage occurs on the street side of the service due to a collapsed line or faulty construction then the Director of Public Works is authorized to repair the service at the Town's expense. 4. Bylaw No. 648/92, 689/95, and 698/96 are hereby repealed. 5. This Bylaw shall come into force and take effect on the date of the final passing thereof. MAYOR TOWN ADMINISTRATOR READ A THIRD TIME AND ADOPTED THIS DAY OF, A.D., 2007. Page 5 of 5