HomeMy Public PortalAboutBy-law 2023-51 Enact Rules for Water and Sewer ConnectionsCORPORATION OF THE MUNICIPALITY OF TWEED
BY-LAW NO. 2023-51
Being a By-law to Enact Rules and Regulations Respecting the Municipality of Tweed
Waterworks and Sewageworks Systems, and to Repeal By-law No. 2005-53 and
By-law No. 2005-61.
WHEREAS the Public Utilities Act, R.S.O. 1990, c. P.52, as amended, the Municipal
Act, 2001, S.O. 2002, c.25, as amended, and the Ontario Water Resources Act,
R.S.O. 1990, c. 0.40, as amended, authorize Councils to pass by-laws:
a) to acquire, establish, construct, maintain, operate, and regulate water
works and sewageworks;
b) to regulate the supply, distribution, and use of the water, including the
restricting of certain types of uses in order to preserve adequate
supplies for essential purposes such as domestic use and firefighting
purposes, and to prevent the practicing of frauds upon the municipality
with the water so supplied.
AND WHEREAS the Corporation of the Municipality of Tweed is the owner of a
municipal waterworks and sewageworks system, operated through a contract with
Ontario Clean Water Agency;
AND WHEREAS the Council of the Corporation of the Municipality of Tweed deems it
desirable to enact rules and regulations respecting the municipal waterworks and
sewageworks system.
NOW THEREFORE the Council of the Corporation of the Municipality of Tweed
enacts as follows:
1. DEFINITIONS.
The following definitions shall apply for the purpose of the By-law
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
"Applicant" shall mean a land or property owner or agent acting on
behalf of a land or property owner.
"Council" shall mean the Council of the Corporation of the Municipality
of Tweed.
"Municipality" shall mean the Corporation of the Municipality of Tweed.
"Municipality of Tweed Water System Facility" shall mean the municipal
wells and buildings, treatment facilities and water storage facility located
at 430 River Street and 404 Hungerford Road, and distribution mains in
the Village of Tweed.
"Municipality of Tweed Sewer System Facility" shall mean the municipal
sewage treatment plants located at Jamieson Street and 235 River
Street, and sewer mains in the Village of Tweed.
"Public Works Manager" shall mean the Public Works Manager of the
Corporation of the Municipality of Tweed.
"CAO" shall mean the CAO of the Corporation of the Municipality of
Tweed.
"Waterworks" shall mean all water treatment, distribution, storage and
pumping systems now or in future owned and operated by or for the
Municipality of Tweed and located in the Village of Tweed.
"Sewageworks" shall mean all sewage treatment, lines and pumping
systems now or in future owned and operated by or for the Municipality
of Tweed and located in the Village of Tweed.
2. AUTHORITY.
2.1 Council shall be the authority responsible for the operation of the
waterworks and sewageworks, including the setting of rates, the
engaging of employees and contractors, the payment of accounts and
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all other matters necessary for the successful operation of the
waterworks and sewageworks.
3. REQUIREMENT TO CONNECT.
3.1 The owner or occupant of every lot or parcel of land which is built upon
that derives an immediate benefit from the construction of a watermain
and / or sewermain along the street abutting such lot or parcel of land
shall, within six months of the Municipality giving notice, connect the lot
or parcel to the watermain and/or sewermain at the owner's expense.
3.2 The owner shall pay all costs for constructing laterals and connections
to the watermains and sewermains and such work shall be done in
accordance with the provisions of this By-law.
3.3 No cross connection between any other water supply and / or sewer
system and the municipal waterworks and/or sewageworks shall be
permitted.
3.4 No connection shall be permitted to any installation, equipment, or
source in such a manner as may allow any contamination to pass from
such installation, equipment or source into the Municipality's water
supply system. If any such connection exists, the Municipality may
discontinue the supply of water to such customer.
4. APPLICATION FOR WATER AND/OR SEWER SERVICE.
4.1 Water service will be introduced into buildings or lots and water will be
turned on, and connection to the municipal sewer system will be
permitted for premises where services have already been installed only
upon the written request of the owner thereof or his duly authorized
agent in writing.
4.2 In every case in which there is a change of ownership of premises
supplied with water and connected to the municipal sewer system, the
new owner shall notify the Municipality of the change of ownership and
shall sign and file with the Municipality an application.
4.3 An application for the supply of water and connection to the sewer
system shall be made on a form to be provided by the Municipality and
the applicant shall furnish such information as Council shall ask.
4.4 The owner of the land shall agree to pay for the water supplied and for
sewer charges on such basis as Council may determine.
4.5 A Service Permit for water services and connections to watermains and
to sewermains, including upgrades to an existing water or sewer
service, if changing size and / or location, shall be secured from the
Public Works Manager or designate before any work is undertaken and
all work shall be carried out strictly in accordance with such terms and
conditions as may be set out in the permit application.
4.6 All applicable fees associated with the application for a water service
and a connection to the sewer system, such as service permit fees,
inspection fees and deposits, or any other fees or deposits set by
Council by By-law or by resolution from time to time must be paid prior
to the installation. The water/sewer service permit fee and the
inspection fee are non-refundable.
4.7 The applicant shall be responsible for any costs associated with
inspections by Municipality employees or designates.
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4.8 No work may be done on either the installation or the repair of
watermains and / or sewermains and services without the approval of
the Municipality.
4.9 The receipt of an approved service permit does not eliminate the
applicant's responsibilities for any other applicable permits or
authorization.
5. INSTALLATION/CONNECTION OF WATER AND SEWER SERVICES.
5.1 Where a water service pipe enters the building a "stop and drain cock"
shall be placed immediately inside the cellar or basement wall so that
there is a ready means of closing off the water in order to carry out
repairs to the service pipes inside the building. Such "stop and drain
cock" is also a convenient means of closing off the water in the building
when the building is vacant thereby protecting the pipes and fittings
against frost during the winter months.
5.2 The service pipe from the watermain to the curb stop, and from the
sewermain to the property line, shall be laid down by the Municipality or
by a contractor approved by the Municipality. The service pipe from
the curb stop / property line to the building shall be laid by a contractor
hired by the owner.
5.3 Where a new water connection is permitted along a trunk watermain
and water pressure exceeds 100 psi, the Municipality will provide the
owner with a pressure reducing valve at no charge. The owner will be
responsible for the installation and maintenance as per manufacturer's
recommendations, which will be provided with the pressure reducing
valve.
5.4 The owner shall pay on demand all costs for laying a service pipe from
the watermain or sewermain, for constructing water services and
connecting to the watermain and sewermain and for all other expenses
necessary or incurred to serve an applicant or property, and if not so
paid, may be collected in the same manner as water and sewer rates.
5.5 All new services and / or replacements in whole or in part of existing
services shall be constructed in such manner, size and material and
grade and with such appurtenances as the Public Works Manager or
designate shall require, and no such services shall under any
circumstances be closed or backfilled until examined, tested and
approved in writing by the Public Works Manager or designate. In the
situation where the applicant wishes to connect to a service previously
provided to the property line, and the service is no longer as per current
Municipality standards, the applicant will be responsible to upgrade the
service from the watermain or sewermain as per current specifications
at the direction of the Public Works Manager.
5.6 Testing where required shall be at the expense of the permit applicant.
5.7 All plumbing and pipe work on private property shall be installed in
accordance with the applicable provisions of the Ontario Building Code,
the Ontario Provincial Standard Specifications and Municipality
standards. Should there be any conflict between standards and code,
the direction of the Public Works Manager shall be final.
5.8 Bedding material and location of pipes shall be in accordance with
standards established by the Public Works Manager.
5.9 The Public Works Manager or designate shall, from time to time, during
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the progress of the laying and construction of all services, inspect the
same, and may revoke the permit and order the work or construction to
be stopped if the work done or the material used is not as required by
him and by this By-law.
5.10 No person shall damage or injure any services connecting with any
watermain or sewermain.
6. MAINTENANCE BY MUNICIPALITY.
6.1 No person shall injure, break or remove any portion of any valve, curb
stop, hydrant, meter, backflow prevention units or any part of any
watermain or sewermain or obstruct the flow of water or sewer in any
part of the system, unless approved in writing by the Public Works
Manager or designate.
6.2 All watermains and sewermains and services connected thereto from
the main up to and including the connection and shut off valve at the
street line shall be repaired and kept in order at the expense of the
Municipality.
7. MAINTENANCE BY CONSUMERS.
7.1 Every person taking water or connected to the sewer system must at
his own expense keep his service pipe or pipes, from the curb stop to
the interior face of the outer wall of the building and all appliances and
fixtures connected therewith, in good order and condition.
7.2 Any damage or leak or other maintenance of the service pipes from the
curb stop to the building shall be forthwith repaired by the owner or
occupant of the building to the satisfaction of the Municipality, and in
default of his so doing, whether notified or not, the Municipality 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 same may be collected in the same manner as water and sewer
rates.
7.3 Should the said pipes, appliances and fixtures get out of repair and not
be forthwith repaired it shall be lawful for the Municipality to refuse to
continue the supply of water until such repairs have been effected.
8. INSPECTIONS.
8.1 Water and sewer pipes, fittings, etc. must be inspected, tested, and
approved by an authorized agent of the Municipality before regular
water service or connection to the sewer system commences.
8.2 The officers or employees of the Municipality shall be at all reasonable
times entitled to enter any premises for the purpose of examining pipes,
connections and fixtures which are used in connection with the water
and sewer service. The location of a water meter, once installed to the
approval of the Municipality, shall not be changed by any person except
with the written consent of the Municipality.
8.3 All service pipes and connections inside the street line shall be
inspected by an authorized officer or employee of the Municipality prior
to backfilling and when backfilled such service pipes and connections
shall be properly protected from frost at the expense of the owner of the
property for which such services are supplied and shall be so protected
from all damage whether by frost or otherwise and the owner of each
building shall be responsible for the due protection of such service
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pipes, and in the case of leakage such owner shall be responsible for
the loss occasioned by such leak and the charge for such water so
leaking shall be determined by the Public Works Manager and the cost
thereof shall be paid by the owner forthwith upon demand and such
owner shall be responsible for all damage arising from such leakage.
8.4 Inspection of water and sewer services to new buildings will be
performed by the Municipality's Building Inspector; inspection of water
and sewer services to existing buildings will be performed by the
Building Inspector and/or Public Works Manager.
9. NEW CONNECTIONS THROUGH DEVELOPMENT OR EXTENSIONS.
9.1 All mains and services which are laid or installed in public streets shall
become the property of the Municipality.
9.2 Where mains and services are installed by a developer, all the works
shall be supervised by the Municipality and legal agreements will be
required prior to the commencement of the installation stating that the
Municipality will become the owner of the installations on their
completion. The Municipality will require detailed drawings of the
proposed works and construction shall not proceed until the drawings
are approved by the Municipality's Engineer or designate and a Ministry
of Environment certificate of approval is issued.
9.3 Responsibility for costs for street restoration associated with mains and
services installed by a developer shall be in accordance with the policy
for water and sewer connections attached to this By-law as Schedule
'A'.
9.4 All new watermains are to be disinfected as per the Ministry of
Environment Procedure for Disinfection of Drinking Water in Ontario, as
amended, and the disinfection procedure must produce acceptable
bacteriological results as per Ontario Regulation 170/03, as amended.
The Municipality must be satisfied that the water meets provincial
drinking water bacteriological requirements before allowing connection
to existing water distribution systems.
9.5 New service connections to existing watermains and sewermains shall
be made by the Municipality or an approved contractor and all
applicable fees for the connection such as service permit fees,
inspection fees, and deposits, or any other fees as set by Council from
time to time must be paid prior to the installation.
10. WATER SHUT OFF NOTICES.
10.1 If a watermain shutdown is necessary in order to conduct work under
Sections 4, 6 and 8 of this By-law, and where consumers will be
affected, the applicant for the work will be responsible for notifying all
affected consumers of a potential loss of water supply in a format
approved in writing by the Public Works Manager. The notice must be
clearly printed, with the date of shutdown, duration, and contact number
for any questions, and delivered 24 hours in advance, whenever
possible, or in the event of an emergency as soon as practicable, to all
affected properties.
10.2 Water shutdowns will be allowed only with the approval of the Public
Works Manager.
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11. METERS, BACKFLOW PREVENTORS, PRESSURE REDUCING VALVES
AND SERVICE FIXTURES.
11.1 The requirement for a backflow prevention device on new buildings
shall be as per the latest editions of the Ontario Building Code and
Guide for Plumbing. In addition, a backflow prevention device is
required for all new commercial, industrial, or institutional premises, if
there is a possibility of backflow from the premises caused by either
over pressure in the premises or back siphonage. This shall exclude
domestic hot water heaters as a source of over pressure overflow.
Those devices must be regularly maintained at the cost of the owner
and maintenance records available for inspection by Municipality
employees as required.
11.2 Contractor's installation includes the installation of the water meter,
pre -wiring of meter remote, backflow prevention device (where
applicable) and pressure reducing valve (where applicable).
11.3 The location of the remote receptacle assembly will be based on the
following conditions:
i) Proximity to the meter and telephone line;
ii) Location where the cable entry hole can be drilled within the
proximity of the meter installation;
iii) Location of other meters (electric and gas);
iv) Reasonable customer preferences; and
v) Ability to read multiple meters for a common location.
11.4 Water meters shall be purchased through the Municipality for new
construction and a fee as set from time to time by resolution or by
By-law of Council shall be collected by the Building Department or
Administration Department at the time the building permit or the water
service permit is issued.
11.5 Backflow prevention devices shall be purchased through the
Municipality for new construction and a fee as set from time to time by
resolution or by By-law of Council shall be collected by the Building
Department of Administration Department at the time the building permit
or the water service permit is issued.
11.6 All meters, meter remotes, pressure reducing valves and backflow
prevention devices shall be accessible to the officers of the Municipality
at all times and shall not be covered except where permission or
authority has been given in writing by an authorized employee of the
Municipality.
11.7 In the event that a meter, meter remote, pressure reducing valve or
backflow prevention device is not accessible, it shall be made
accessible at the cost of the property owner.
11.8 Every separate building supplied with water, with the exception of
private garages attached to any residence, shall be furnished with a
separate service and meter / remote, and the case of duplex houses
and other buildings with more than one single family unit there shall be
a separate service and meter / remote for each single-family unit.
11.9 Each unit within a multiple commercial and industrial building must be
furnished with a separate meter, remote and backflow preventor.
11.10 Every property owner shall be liable for the safety and care of the water
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meter and all other service equipment placed on his property, and will
be charged for all damage thereto, whether occasioned by frost, hot
water, blows or injury from any other cause, and for the loss of the
meter or other service equipment if the same is removed from his
premises without the consent of the Municipality, whether stolen or
otherwise, and the cost of every such meter or other equipment, or of
repairing or replacing the same, shall be payable to the Municipality on
demand and in default of payment the Municipality may, in addition to
all other remedies which it may have by law, collect same and until paid
all such charges shall be and remain a lien upon the lands in respect of
which they were incurred.
11.11 Every property owner shall be responsible for the installation of a new
meter or other service equipment, including service pipes, when
damages as detailed in Section 11.10 of this By-law occur.
11.12 The contractor shall be responsible for any damage done to the
customer's service plumbing and shall repair any leaks or other defects
that may have been caused by the installation work, presuming that any
leaks or defects reported by the customer to either the contractor or the
Municipality within fourteen calendar days after the completion of the
installation are the result of a faulty installation and the contractor shall
repair the damage at no extra cost to the Municipality or the property
owner. This presumption does not apply to leaks or pre-existent
conditions noted by the contractor and acknowledged in writing by the
customer as being in existence prior to the installation.
11.13 No person except an officer or employee of the Municipality shall be
permitted to open, or in any way howsoever, tamper with any water
meter, remote, service, curb stop or with the seals placed thereon, or do
any manner of thing which may interfere with the proper registration of
the quantity of water passing through such service or meter nor should
any person change, tamper with or otherwise interfere with the water
without any notice, shut off the water from such buildings or premises
without the express consent of the Municipality.
11.14 In case any premises be left vacant or without heat, the property owner
or occupant thereof shall give notice to the Municipality and any
occupant or property owner who leaves his premises vacant, without
heat, without notice to the Municipality shall be subject to the penalties
of these conditions.
11.15 When such building is left vacant, with or without notice, the
Municipality may turn off the water and such water shall not be again
turned on until the Municipality in its discretion shall consider it
advisable.
11.16 Ownership of the meters shall vest with the Municipality.
12. WATER FOR BUILDING PURPOSES.
12.1 An application for water use during construction shall be made on the
prescribed form to the Municipality Building Department at the time of
procuring a building permit.
12.2 The charge for such supply of water shall be based on a rate for a
reasonable quantity of water as determined by Council by resolution or
by By-law from time to time and subject to such penalties for waste or
extravagance as the Council may elect and such a charge shall be paid
Page 8 of 10 — By-law No. 2023-51
to the CAO.
12.3 Water for building purposes shall only be taken from completed and
Municipality approved water service to the site. The termination at the
service must not allow any backflow conditions into the distribution
system and must be controlled by a suitable valve.
12.4 The Municipality can revoke this supply at any time if abused, and no
refund will be provided.
13. TURNING ON WATER.
13.1 No person other than a licensed water distribution system operator
employed by the Municipality shall be permitted to turn on or shut off
water by means of the street shut-off from any premises. This
provision will be strictly enforced and anyone who contravenes this
provision will be charged in accordance with the provisions of Section
22 of this By-law.
14. USE OF WATER.
14.1 It shall be unlawful to use the supply of water for hydraulic elevators or
motors, water driven appliances, whether operated wholly or in part by
water, or for air conditioning except where a special agreement has
been entered into with Council.
14.2 Restriction of water use, when necessary, shall be in accordance with
municipal By-laws in force regulating the use of water during low water
conditions.
15. HYDRANTS.
15.1 No person shall at any time open or use water from any public hydrant
except a licensed water distribution operator employed by the
Municipality. The members of the Tweed Fire Department, under the
direction of an officer, shall be considered a licensed operator for the
purpose of opening hydrants only.
15.2 The Fire Department will advise the Public Works Manager, in writing,
immediately whenever possible, or not later than before the end of the
next working day if any hydrant has been opened by the Fire
Department.
16. SHUT OFF FOR NON-COMPLIANCE WITH BY-LAW.
16.1 Council shall have the right to shut off water from the premise of any
person guilty of a breach or non-compliance with this By-law or because
of waste, breakage or defects in the pipes or fixtures and not turn on the
water again until the penalty or fine imposed has been paid and / or
until satisfactory evidence is received that the necessary repairs have
been made.
17. NO LIABILITY FOR NON -SUPPLY.
17.1 Council agrees to use reasonable diligence in providing a regular and
uninterrupted supply of water consistently meeting quality and
standards as defined in the Provincial Drinking Water Regulation,
O.Reg. 170/03, as amended, but does not guarantee a constant supply
or pressure, and will not be liable in damages to the consumer or third
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parties for any results arising from the failure of the water supply
quantity or any fluctuations thereof.
18. WATER SUPPLY INTERRUPTIONS.
18.1 Subject to the notice requirements set out in Sections 9, 19 and 20 of
this By-law, the water supply may be interrupted for cleaning and / or
repairing mains or pipes, or for effecting repairs to the machinery,
pumps or any part of the waterworks,
18.2 The Municipality will not be liable in case of damage to boilers, fittings
or other property by reason of any such shut off to the water.
18.3 All steam and hot water plants, or installations shall be fitted with all
necessary appliances as may be requisite for the purpose of
safeguarding such plants and installations, and the property in
connection therewith, in case of any such shut off.
19. METER CHAMBERS.
19.1 Where the Municipality deems the construction of a frost -proof
chamber(s) is necessary to house the Municipality's water meter, it shall
give notice in writing accordingly mailed to the consumer by registered
mail and the consumer shall forthwith provide a drained frost -proof
chamber(s), the plans and specifications of which shall be subject to the
approval of the Municipality.
19.2 The cost of providing and maintaining such a frost -proof chamber(s)
readily accessible at all times shall be at the expense of the consumer.
19.3 The water meter or meters shall be provided by and remain the property
of the Municipality but shall be at the risk of the consumer. The
consumer assumes the cost of the water meter purchase.
19.4 The Municipality shall be entitled to shut off all water services without
further notice at the expiry of twelve months from the date of the
aforesaid written notice to the consumer, whether received by the
consumer or not, unless an approved frost -proof chamber or chambers
has been provided by that date and shutting off water shall not preclude
any and all other remedies available to the Municipality by By-law or
statute.
20. ACCESS.
20.1 The authorized officers, employees and agents of the Municipality shall,
when carrying out Municipality business, have at all reasonable hours
free and unimpeded access to the buildings and premises of a
consumer for the purpose of installing, examining, repairing or moving
meters, readers, seals, pipes and other material and appliances and for
the inspection of all consumer appliances, services and pipes and to
remain as long as may be necessary to carry out the requirements of
this By-law and to determine whether or not the provisions thereof are
being fully observed.
21. RESTRICTIONS ON USE OF WATER.
21.1 In the case of an emergency or any condition requiring repairs to any
municipal water or sewer system, the Municipality may shut off or
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restrict the supply to a property.
21.2 Before shutting off or restricting the supply of water the Municipality
shall, except in the case of an emergency:
i) by personal service or by registered mail serve the owners and
occupants of the property as shown on the last returned
assessment roll of the Municipality with a notice of the date upon
which the Municipality intends to shut off or restrict the supply of
water if access to the property is not obtained before that date; or
ii) ensure that a copy of the notice described in 21.2 i) is securely
attached to the property in a conspicuous place.
21.3 If the Municipality has shut off or restricted the supply of water under
Section 21.1 the Municipality shall restore the supply of water as soon
as practicable after the repairs have been completed.
21.4 When a water shortage problem exists or is expected, Council may
prohibit the use of water for lawn and garden watering purposes, car
washing, pool filling or the taking of water from all or any of the
waterworks for other than domestic use by the owner or occupant of the
land to which the water is supplied, or for firefighting purposes.
22. PENALTY.
22.1 Any person who contravenes this By-law is guilty of an offence and
upon conviction is liable to such fine or penalty as may be recoverable
pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990,
c. P.33, as amended.
22.2 In the event any Court of competent jurisdiction should adjudge that any
section or sections of this By-law may not be valid for any reason, such
section or sections shall be deemed to be severable from the remainder
of the By-law and the remainder of the By-law shall stand and be
enforceable to the same extent as if the offending section or sections
had not been included therein.
23. In the event of any conflicts between the provisions of this and any other
By-law, the provisions of this By-law shall prevail.
24. THAT By-law No. 2005-53 and By-law No. 2005-61 are hereby repealed in
their entirety.
24. THAT this By-law shall come into force and take effect immediately upon the
passing thereof by the Council of the Corporation of the Municipality of Tweed.
Read a first, second, and third and final time, passed, signed, and sealed in open
Council this 13th day of June, 2023.
DEPUTY -MAYOR
Cu)
,CLERK(
CORPORATION OF THE MUNICIPALITY OF TWEED
BY-LAW NO. 2023-51
SCHEDULE 'A'
WATER and SEWER EXPANSIONS
RESPONSIBILITY FOR COSTS:
1. All costs for water and sewer main extensions are to be paid by the developer.
2. All costs for laterals from mains to the property line are to be paid by the
developer.
3. Costs for the Certificate of Approval application are to be paid by the
Municipality and the developer on the following basis:
* application fee to be paid by the developer.
* application engineering and design for water and/or sewer extensions
on municipal property to be paid by the developer.
* application engineering and design for water and/or sewer extensions
on private property to be paid by the developer.