2003-025 To regulate municipal water systems within the Township of Oro-Medonte ("Water Regulation By-Law")
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2003-25
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BEING A BY-LAW TO REGULATE MUNICIPAL WATER SYSTEMS WITHIN
THE TOWNSHIP OF ORO-MEDONTE.
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality may pass By-laws respecting matters related to
water production, treatment, storage and distribution;
AND WHEREAS Section 79 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, provides that if a municipality has the consent of an Owner or
occupant to connect a public utility to a part of a building and other parts of the
building belonging to different Owners, or are in the possession of different
occupants, the municipality may, at reasonable times, without consent, enter on
their land and install, construct and maintain pipes, wires, equipment, machinery,
and other works necessary to make the connection;
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AND WHEREAS Section 80 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, provides that a municipality may, at reasonable times, enter on land to
which it supplies a public utility:
· To inspect, repair, alter or disconnect the service pipe or wire, machinery,
equipment and other works used to supply the public utility;
· To inspect, install, repair, replace or alter a public utility meter;
· To shut off the supply of the public utility and remove any property of the
municipality if the customer discontinues the use of a public utility on land,
or a municipality lawfully decides to cease supplying the public utility to
the land;
· To determine whether the public utility has been or is being unlawfully
used.
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AND WHEREAS the Council of The Corporation of the Township of Oro-
Medonte deems it desirable and necessary to pass a By-law to regulate the
Municipal Water Systems within the Township;
NOW THEREFORE the Council of The Corporation of the Township of Oro-
Medonte enacts as follows:
1. DEFINITIONS
For the purpose of this By-law:
1.1 "Council" shall mean the Council of The Corporation of the Township of
Oro-Medonte.
1.2 "Fire Chief" shall mean the Chief of The Corporation of the Township of
Oro-Medonte Fire Department.
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1.3 "Municipal Water Area" shall mean a subdivision or designated area within
The Corporation of the Township of Oro-Medonte, serviced by a Municipal
Water System.
1.4 "Municipal Water Supply" shall mean the water supplied from a Municipal
Water System.
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1.5 "Municipal Water Systems" shall include all water works established within
the present Township of Oro-Medonte, and shall further include any
present or future extensions to the water works under any Act or under an
agreement between the Township or its predecessors, but shall not
include any private waterworks which have not been acquired,
established, maintained or operated by the Township or its predecessors.
1.6 "Owner" shall mean the assessed Owner(s) as identified on the
Assessment Roll for Taxation Purposes during the current year, as
amended.
1,7 "Person" shall mean an individual human being, his/her personal agent,
heir, successors and assigns, and shall include a corporation with or
without share capital.
1.8 "Director of Engineering and Environmental Services" shall mean the
Director of Engineering and Environmental Services of the Township of
Oro-Medonte.
1.9 "Duly Authorized Employee" shall mean any employee authorized by
Council.
1.10 "Township" shall mean The Corporation of the Township of Oro-Medonte.
1.11 "Unit" shall mean an assessed or assessable unit within a Residential,
Commercial or Industrial building and shall include an apartment located
within a single family dwelling, which is serviced by the Township Water
System, as permitted under the applicable Zoning By-law.
1.12 "Water Works" means any works for the collection, production, treatment,
storage, supply, and distribution of water, or any part of such works, but
does not include plumbing or other works to which the Ontario Building
Code Act and its regulations apply.
2. GENERAL PROVISIONS
2.1 This By-law shall apply to all Municipal Water Systems located within the
geographical boundaries of the Township,
2.2 No person shall lay, or cause to be laid, any pipe or main to communicate
with any pipe or main of the Municipal Water System, or in any way obtain
or use the Municipal Water Supply without the consent of the Township.
2.3
Any extensions or connections to a Municipal Water System shall be
constructed in accordance with the Township of Oro-Medonte Engineering
Standards.
2.4
No person, being an Owner, tenant, occupant or inmate of any house or
building or other place supplied with water from the Municipal Water
System, shall improperly waste water or, without the consent of the
Director of Engineering and Environmental Services, lend, sell or dispose
of water, give water away, permit water to be taken or carried away, use
or apply water to the use or benefit of another, or to any use and benefit
other than the person's own, or increase the supply of water. This shall
include the furnishing of water from one building connected to the
Municipal Water System, to another building.
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2.5
All pipes, valves, fittings and other equipment between the water main
and the street line shall remain the property of the Township.
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2.6 The Township does not guarantee the continuous supply, quality, or
pressure of water from a Municipal Water System. The Township is not
liable for damage 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.
2.7 The Public Works Department shall be responsible for the operation and
maintenance of all Municipal Water Systems, including required testing,
servicing, and the removal of snow from around all hydrants, as deemed
necessary.
2.8 The Director of Engineering and Environmental Services, or other duly
authorized employee, in the case of an emergency, which may imperil the
supply or quality of water, may shut off the Municipal Water Supply and
take such remedial action as may be necessary. Such remedial action
may include limiting or stopping up the supply of water in any area or
restricting the use of water for any specific purpose.
3. REQUIREMENT FOR CONNECTION TO AND REGULATION OF
MUNICIPAL WATER SYSTEM
3.1
Every Owner of a property located within a Municipal Water Area who
wishes to connect an existing building to the Municipal Water System may
apply, in writing, to the Director of Engineering and Environmental
Services.
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Every new residence constructed on a property located within a Municipal
Water Area shall be connected to the Municipal Water System. An
application for connection to the Municipal Water System shall be filed
prior to the issuance of a building permit, and shall be accompanied by
the connection fee as established by By-law.
3.3
The Township reserves the right to refuse any application for connection
to the Municipal Water System if the existing system is at capacity, or
where excess capacity has been allocated to other properties within the
Municipal Water Area.
3.4 An Owner may apply, in writing, to Council for an exemption from
connection to a Municipal Water System. Council shall consider all
requests and may grant an exemption, unless such exemption would be
at variance to any written requirement, order or approval by a Medical
Officer of Health, Public Health Inspector, the Ministry of the Environment,
or Ontario Building Code Act. Any exemption granted under this Section
shall not relieve the Owner from the payment of any minimum rate under
this By-law,
3.5 Notwithstanding Section 3.4, no Owner of a property located within a
Municipal Water Area and connected to the Municipal Water Supply shall
be granted an exemption in order to disconnect from the Municipal Water
System.
3.6 Every building connected to a Municipal Water System shall have a single
separate connection, with the exception of a building which contains
multiple units.
3.7 Any Owner of a building connected, or to be connected, to a Municipal
Water System shall install the connection, as per Township Standard OM-
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3.8 Every Person who, by act, default, neglect or omission, occasions any
loss, damage or injury to any public utility works, or to any plant,
machinery, fitting or appurtenances thereof, is liable to the Township
therefore.
Every Person who willfully or maliciously damages, or causes or
knowingly suffers to be damaged, any meter, service pipe, conduit, wire,
rod or fitting belonging to the Township, or willfully impairs or knowingly
suffers the same to be altered or impaired, so that the meter indicates
less than the actual amount of the public utility that passes through it, is
guilty of an offence and on conviction, is liable to a fine, to the use of the
Township, and for the expenses of repairing or replacing the meter,
service pipe, conduit, wire, rod, or fitting and double the value of the
surplus public utility so consumed, all of which is recoverable under the
Provincial Offences Act, R, S.O. 1990, C.P. 33, as amended.
3.9 Any Owner who desires a change in the location, arrangement or size of a
Municipal Water Supply Service, shall apply, in writing, to the Director of
Engineering and Environmental Services. If a request is granted by the
Director of Engineering and Environmental Services, costs incurred by the
Township shall be payable as a condition of the granting of the request
and shall be collectable by the Township as a charge against the
benefiting land.
3.10 Where any auxiliary water supply exists in any building connection to a
Municipal Water System, approved backflow protection shall be installed.
This requirement shall include the handling of processed waters, and
waters originating from the Municipal Water System, which may have
been, or may be subjected to, deterioration in sanitary quality. Backflow
protection devices shall be installed where internal cross connections
exist. All property Owners with swimming pools, in ground or above
ground, shall install a backflow prevention device on all outside water
taps.
3.11 Any Owner desiring to have the Municipal Water Supply turned off or on
for any reason whatsoever, shall apply, in writing, to the Director of
Engineering and Environmental Services, who may direct that the water
be turned on or off.
3.12 A Disconnection/Re-Connection Fee, as established by By-law, shall be
charged by the Township for the turning off or on of the Municipal Water
Supply, where such action is necessitated by:
3.12,1 - a written request by the Owner; or
3.12,2 - non-payment of a water bill; or
3.12.3 - failure to provide access to a meter
4. WATER USEAGE AND RESTRICTIONS
4,1 No Person shall willfully let off or discharge water so that the water runs
waste or useless out of the Municipal Water System.
4.2 The Township reserves the right to turn off the Municipal Water Supply to
any house, building or other place supplied with water from the Water
Works, as deemed necessary by the Director of Engineering and
Environmental Services, to stop and prevent waste.
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4.3 Failure to comply with any requirements relative to the protection of a
Municipal Water Supply shall be sufficient reason for immediate
discontinuance of water service by the Township, until such time as it is
determined that the requirements of the Township, Ontario Building Code
Act, any order or approval by a Medical Officer of Health, Public Health
Inspector, or Ministry of the Environment, have been met.
4.4 The Director of Engineering and Environmental Services, or other duly
authorized employee, may take such measures, as it is deemed
necessary, to regulate or suspend any or all use of water distributed
through a hose, or any other attachment, for street, lawn or garden
watering, or for any fountain or object, or for any other similar purpose.
The watering of lawns or gardens, or the filling of swimming pools, are not
deemed to be a domestic use under the terms of the By~law and may be
prohibited, from time to time, by Resolution of Council, and the Director of
Engineering and Environmental Services is hereby authorized to take all
such action, as may be necessary, to immediately terminate the supply of
water to any property served by the Municipal Water System in the event
of a breach of such an order.
5. METERS
5.1 The Township shall require meters for the purpose of measuring the
supply of water to any building, subject to the following:
5.1.1 Meters shall be required for all new Residential, Commercial and
Industrial buildings to be constructed on properties lying within a
Municipal Water Area at the cost of the Owner.
5.1.2 Meters shall be required for all existing Residential, Commercial
and Industrial buildings located within a Municipal Water Area.
(i) When the Township determines that water meters shall be
installed in existing buildings located within a Municipal
Water Area, meters shall be installed by the Township and
the cost, therefore, shall be charged to the applicable
Municipal Water Area.
5.1.3 One (1) meter shall be required for each unit within any Residential,
Commercial and/or Industrial building. The Director of Engineering
and Environmental Services may waive the requirement for
separate meters where, in the opinion of the Director of
Engineering and Environmental Services, the existing water service
prevents the installation of multiple meters, The waiving of this
requirement does not relieve the Owner from any minimum rate
which may be assessed against each unit under this By-law.
5.2 Interior and exterior meters shall remain the property of the Township and
shall not be boxed in such a manner as to prohibit them from being read,
examined or removed.
5.3 Exterior meters shall be firmly attached to the wall of the building and shall
be mounted so that the top of the meter shall be between 140 and 170
centimeters from the grade level of the wall directly below it.
5.4 Interior meters shall be located in a safe and convenient space, free from
charge or rent, in a heated room suitable for this purpose, as close as
possible to the entrance of the service pipe into the building. The inside
meter shall be mounted in such a manner as to be fully braced to prevent
movement.
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5.5 Free access shall be afforded to such meters and their connections for
Persons authorized by the Township whenever such access is required.
5.6 Where the Township has reason to believe that a meter is inoperable and
is unable to gain access thereto for inspection and repair, written notice
shall be sent by registered mail to the Owner. Such notice shall require
that access to the subject meter be provided to the Township within
twenty-one (21) days of the date of the notice. If access is not granted
within the said twenty-one (21) days, the Director of Engineering and
Environmental Services shall shut off the Municipal Water Supply to the
subject property.
5.7 Where the Municipal Water Supply has been shut off under Section 5.6,
the Director of Engineering and Environmental Services shall turn on the
water supply when the Owner has complied with providing access to the
meter for inspection and repair by the Township.
5.8 The Owner shall be responsible for the security of the meter, and other
Township equipment, and shall pay the Township the value of such meter
and equipment should any damage or loss occur which is, in the opinion
of the Director of Engineering and Environmental Services, due to
circumstances beyond normal wear and tear.
5.9 No Person, other than an authorized employee or agent of the Township,
shall be permitted to remove, inspect or repair the meter or other
equipment of the Township's Water Works.
5.10 No Person shall willfully alter a meter placed on any service pipe or
connected therewith, within or outside any building or other place, so as to
lessen or alter the amount of water registered.
6. FIRE HYDRANTS
6.1 No Person shall use hydrants connected to any Municipal Water System,
other than:
6.1.1 - employees or volunteer firefighters authorized by the Fire Chief;
6.1.2 - employees authorized by the Director of Engineering and
Environmental Services;
6.1.3 - persons having written permission from the Township to use the
hydrants, under the supervision of the Director of Engineering and
Environmental Services.
6.2 No Person shall, without approval of the Director of Engineering and
Environmental Services or Fire Chief, willfully open or close any hydrant.
6.3 No Person shall obstruct the access to any hydrant, stopcock, chamber,
pipe or hydrant.
7. OFFENCES AND PENALTIES
7.1 Every Person who:
7.1.1 - willfully hinders or interrupts, or causes or procures to be hindered
or interrupted, the Township, its officers, contractors, agents,
servants or workers in the exercise of any of the powers conferred
under this By-law; or
7.1.2 - who contravenes or fails to comply with any provision of this By-
law is guilty of an offence and upon conviction, shall be liable to the
fines and penalties prescribed by the Provincial Offences Act.
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7.2 The conviction of an offender upon the breach of any provisions of this
By-law shall not operate as a bar to a prosecution against the same
offender upon any continued or subsequent breach of any provision.
Section 442 of the Municipal Act, 2001, S.O. 2001, c.25, as amended
from time to time, shall further apply to any continued or repeated breach
of this By-law.
7.3 If any court of competent jurisdiction finds that any of the provisions of this
By-law are ultra vires the jurisdiction of Council, or are invalid for any
reason, such provision shall be deemed to be severable and shall not
invalidate any of the other provisions of the By-law, which shall remain in
full force and effect.
8. MISCELLANEOUS
8.1 If any provision of this By-law is inconsistent with the Municipal Act, or any
other Act, the provisions of the applicable Act shall prevail.
8.2 Where the context permits, words importing the singular also include more
than one persons, parties or things of the same kind. Where the context
permits, words importing the masculine gender also include female as
well as male.
8.3 That this By-law may be cited as the "Water Regulation By-law".
9. REPEAL
9.1 That the Township of Oro-Medonte hereby repeals the following By-laws:
No. 95-089; No. 95-090; No. 95-092; No. 95-093; No. 95-094; No. 97-073;
No. 97-074; No. 97-075; No. 97-076; No. 97-077; No. 97-078; No. 97-079;
No. 97-080; No. 97-081, and No. 98-106.
10. ENACTMENT
THAT this By-law shall take force and effect upon final passage hereof.
READ A FIRST AND SECOND TIME THIS 18 TH DAY OF JUNE, 2003.
READ A THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF JUNE, 2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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M~~. J. NEIL CRAIG U
CLER~E~
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