Part 1 - Definitions

Transcription

1 THE CORPORATION OF THE MUNICIPALITY OF SIOUX LOOKOUT BY-LAW NO BEING A BY-LAW TO ESTABLISH AND ENACT RULES AND REGULATIONS FOR THE SUPPLY, OPERATION AND MAINTENANCE OF THE CORPORATION OF THE MUNICIPALITY OF SIOUX LOOKOUT'S WATER DISTRIBUTION SYSTEMS WHEREAS Section 8(1) of the Municipal Act, 2001, as amended (hereinafter referred to as the Municipal Act, 2001 ), provides that section 11 shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate and to enhance their ability to respond to municipal issues; WHEREAS Section 10(1) of the Municipal Act, 2001, provides that a single-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public; and WHEREAS Section 1 0(2) of the Municipal Act, 2001 provides that a single-tier municipality may pass by-laws respecting services and things that the municipality is authorized to provide under Section 1 0( 1) of the Act; and WHEREAS pursuant to Section 391 of the Municipal Act, 2001, a municipality may pass bylaws imposing fees or charges on any class of persons for services or activities provided or done by or on behalf of it, for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board, and for the use of its property including property under its control; and WHEREAS pursuant to Section 398 of the Municipal Act, 2001, fees and charges imposed under this By-law on a person constitute a debt of the person to the Municipality and have priority lien status under the Municipal Act, 2001, Ontario Regulation 581/06; and WHEREAS Section 81 of the Municipal Act, 2001, authorizes a municipality to shut off the supply of a public utility if the fees or charges payable by the Owners or Occupants of the land are overdue; NOW THEREFORE the Council of The Corporation of the Municipality Sioux Lookout ENACTS AS FOLLOWS: 1. Definitions Part 1 - Definitions In this By-law: Agent - Shall mean a person authorized by the Corporation to provide services on behalf of the Corporation. Appurtenances- Shall mean the apparatus or equipment that is a pertinent accessory to the Water Works System, including Municipal Water laterals and their components, or to a private Water distribution system, or to a fire protection system. Backflow - Shall mean the flowing back or reversal of the normal direction of flow in either the potable Water system or Owner's system. Backflow Prevention Device - Shall mean a device approved by the Municipality that prevents backflow and is in accordance with the requirements of the Ontario Building Code Act, 1997, as amended from time to time. Building - Shall mean a structure supplied with Water by The Corporation of the Municipality of Sioux Lookout. Building Official - Shall mean the Chief Building Official for the Municipality or the Chief Building Official's authorized representative. Bulk Water User - Shall mean any customer or contractor that has attained written authorization from the Municipality to draw Water from the Municipality's Water Distribution System. Page 1 of 15

2 Contractor- Shall mean a person, partnership, or corporation who contracts to undertake the execution of work commissioned by the Owner or the Municipality to install or maintain Mains, service mains, services, Hydrants and other appurtenances. Control Device - Shall mean a mechanical valve which when installed in a Water Service Lateral prevents a Cross Connection, in accordance with the Ontario Building Code and "CAN/CSA-B64 SERIES 11, Backflow preventers and vacuum breakers". Cross Connection - Shall mean any temporary, permanent or potential Water connection that may allow Backflow or back siphonage of contaminants, pollutants, injurious chemicals, infectious agents, other materials or substances that will change the Water quality in the Water Distribution System and includes swivels or changeover devices, removable sections, jumper connections and bypass arrangements. Customer - Shall mean any person who enters into a verbal or written contract with the Municipality to take Water from the Municipality or to receive Water Related Services from the Municipality. Developer - Shall mean the Owner, subdivider or party specifically named in a Development Agreement, Site Plan Agreement or in a Subdivision Agreement. Engineer - shall mean the Director of Infrastructure and Development of the Municipality or his/her designate. External Use of Water- Shall mean the use of Water for any purpose outside the walls of any building located at a Municipal address. High Hazard Backflow Preventer - Shall mean a more sophisticated Backflow device that includes reduced pressure principle assembly (RPPA) that prevents Backflow approved by the Municipality that shall be in accordance with the requirements of the Ontario Building Code Act, 2012, as amended from time to time. High - Risk Consumption - Shall mean a user of the Municipal Water system that may pose a greater potential for introduction of waterborne disease organisms, harmful chemicals or other contaminates into the Water system. Isolating Valve - Shall mean the valves installed on the Water service pipe before (inlet) and after (outlet) the Water Meter that are accessible for operation to isolate the Water Meter for repair/replacement. Main - Shall mean every Water pipe, except services and portions of private mains as herein defined, installed on the public road allowance or on any other land upon which the Municipality has obtained easements. Meter - Shall mean the mechanical device (Water Meter) supplied and owned by the Municipality for the purpose of measuring the quantity of Water supplied by the Municipality to the Customer. Meter Pit - Shall mean an accessible in-ground structure approved by the Municipality, located remote from any building or premises and solely used for containing and protecting any Water Meter, Backflow prevention device and associated piping and apparatus attached thereto. Municipal Address - Shall mean the street number identifying a building or buildings in the Municipality of Sioux Lookout. Municipality- Shall mean The Corporation of the Municipality of Sioux Lookout. Occupant or Tenant - Shall include any person who is a lessee, tenant, Owner, the agent of a lessee, tenant or Owner, or any person in possession of a premise. Owner - Shall include any person who or any firm, business, corporation or institute that is the registered Owner of the property under consideration or any agent thereof, a person entitled to a limited estate in land, a trustee in whom land is vested, a committee of the estate of a mentally incompetent person, an executor, an administrator or a guardian, to whom the context applies. Plumbing System - Shall mean the system of connected piping, fittings, valves, equipment, fixtures and appurtenances contained in plumbing that begins, is located and is connected immediately after the Meter. Potable Water - shall mean Water that is fit for human consumption. Page 2 of 15

3 Premises - Shall mean any house, tenement, building, lot, or part of a lot, or both, in, through, or past which Water service pipes run. Plumbing System - Shall mean the system of connected p1pmg, fittings, valves, equipment, fixtures and appurtenances contained in the plumbing that begins, is located and is connected immediately after the Meter to which the Building Code Act 2012, or any amendments thereto apply. Private Main - Shall mean a pipe connected to a Main and installed on private property and from which one or more service and/or hydrant laterals are connected. Remote Read-Out Unit - Shall mean the device installed at a separate location from the Water Meter and is used to provide electronic access to the register on the Meter. Shut-Off Valve/Curb Stop - Shall mean the Water Service Stub owned and used by the Municipality to disconnect or reconnect the Water service from the Municipality's Water Distribution System to any Premises. Single Detached Residence - Shall mean a single dwelling which is freestanding, separate and detached from other main buildings or main structures, including a split level dwelling and a mobile home. Wastewater - Shall mean Water containing human excreta, food waste, wash Water, and other wastes commonly discharged into a water-carried sewage disposal system, and such diluting Water as may have entered the waste disposal system. Water- Shall mean potable Water supplied by the Municipality. Water Distribution System - Shall mean Mains with connections to feeder mains, feeder mains within Municipal road allowances, easements and subdivision lands, service stubs, Private Mains, services, fire hydrants, and Shut-Off Valves/Curb Stop and all other appurtenances thereto. Water Related Services - Shall include but not be limited to those items set out under the heading "Miscellaneous Water Rates and Charges" in the Water and Wastewater Rates and Charges By-law. Water Service Lateral - Shall mean the pipe and fittings that convey Water from a connection on the Main or Private Main to the Meter location, or, for a fire service, to the inside of the exterior wall of a Building. Water Service Lateral also includes the Water Service Lateral, Water Service Stub and the Water Service Extension. Water Service Stub - Shall mean the portion of a Water Service Lateral from a Main to the property line which will always include one Shut-Off Valve/Curb Stop. Water Service Extension - property line to the Meter. Shall mean the portion of Water Service Lateral from the Waterworks System - Shall mean any works for the collection, production, treatment, storage, supply and distribution of Water, or any part of any such works, but does not include plumbing to which the Building Code Act, 2012, or any amendments thereto apply. Water and Wastewater Rates and Charges By-law - Shall mean the Municipality's Bylaw establishing the Water and Wastewater service rates and charges for the production, treatment, storage and distribution of Water and/or Wastewater in the Municipality of Sioux Lookout. 2. Objectives of the By-law Part 2- Objectives 2.1. To establish the policies associated with the billing and maintenance of customer accounts including the shut off and collection policies of the Municipality for both Owners and Tenants 2.2. To establish who shall be responsible for Water services at a dwelling dependant on the number of Curb Stops and Water Meters installed, as well as the billing of such services. Page 3 of 15

4 3. Application for Water Service Part 3 -Application for Water Services 3.1. The Owner or Tenant shall apply to the Municipality for Water services In the case of a rental property, if there is a gap between Tenant occupancy the Water service shall be automatically reverted back to the Owner for billing purposes until a new Tenant applies for service at the address Before the initial supply of Water or any subsequent reconnection to a Premise within the Municipality, all new Water service Customers must fill out and sign a Water service agreement form in person at the Municipal Office in order to have a Water service account activated in their name. The Customer is also required to supply two pieces of identification, one of which shall include a photo. The Customer, upon acceptance of the agreement form by the Municipality, shall be governed by the requirements of this By-law The installation of Water service will not be scheduled or commenced in any way until the application and payment have been made When an Owner discontinues the use of Water service for Water supply to a Premises, the Owner shall pay to the Municipality a charge as indicated in the Water and Wastewater Rates and Charges By-law for disconnecting the service and removing the Meter for such service from the Water Distribution System Any outstanding balances held with the Municipality by the Water service applicant shall be paid in full including all finance charges and service fees before their utilities account shall be created. This includes any outstanding charges with the Municipality Only the Owner of a Premises shall make a request to for the disconnection or reconnection of the Water service at that location. 4. Security Deposit Part 4 - Security Deposit 4.1. All Water service Customers are required to supply written proof, satisfactory to the Treasurer, from a previous utilities provider that they have maintained a utilities account in good standing for a period of at least one year prior to their current application for Water service If the Customer is unable to provide sufficient written proof of their ability to maintain a utilities account in good standing, then the Customer shall be required to supply a security deposit If a Water service Customer is unable to supply the full security deposit amount at the tim e of their application, the security deposit may be divided into two (2) payment amounts of 50% of the total cost at the sole discretion of the Treasurer of the Municipality. If the Customer receives approval, they shall be billed on their utilities account for the second half of the deposit which must be paid in full before any payment amounts shall be applied to outstanding utilities levies If a Water service Customer is unable to pay the required deposit the Water service shall not be supplied to the Customer. If the property is occupied by the Owner, the service shall be disconnected until such time that a deposit may be paid. In the case of a rental property, the Water service shall be placed in the name of the Owner and the Owner shall be notified and given the option to have the Water service to the property discontinued Non-payment of a security deposit shall be subject to the standard collection procedures including disconnection of Water service Security Deposits (cash) will be applied as a credit to the account for payment with interest upon determination of good payment history or closure of an account. Page 4 of 15

5 5. Water Rates and Charges Part 5 - Water Rates and Charges 5.1. The Water supplied and used on all Premises in the Municipality shall be as indicated by the Meter on each respective property and in the case of a Premise that cannot have an installed Meter, the Premises shall be charged for a non-metered rate as indicated in the Water and Wastewater Rates and Charges By-law All Water Service Stubs, except those being installed under a Municipal project, major servicing project or new land development such as a subdivision agreement, will be installed on an actual cost basis at the Owner's expense. This includes any and all costs associated with upsizing or decommissioning of the Water Service Stub. The Water Service Extension shall be installed by the Owner at the Owners expense Where no watermain exists within the frontage of a Premises and the Owner requests to have Water Services, all costs associated with the watermain extension and Water Service Lateral shall be borne by the Owner, except where such works are being installed under a Municipal project or a subdivision agreement. In the case where the works are being installed under a subdivision agreement, the requirements of that agreement shall apply Water used during the construction phase of a Building, prior to occupancy, is required to be metered Where a Customer requires a temporary Water supply, such Customers shall apply to the Municipality for a connection to a hydrant. If the connection is approved and an agreement signed, the Customer shall pay, prior to connection or when billed, the applicable charges as indicated in the Water and Wastewater Rates and Charges Bylaw Where a Customer has connected into the Water Distribution System for the purpose of a fire sprinkler system or other such fire fighting or preventative appurtenances the Municipality will charge a flat rate for access to this service as indicated in the Water and Wastewater Rates and Charges By-law Water Meters will be read and accounts rendered monthly or on any other basis at the discretion of the Municipality. The bill shall be deemed to be served upon the Customer if it is delivered or sent by mail to the mailing address provided by the Owner or Tenant When an account is not paid by the due date stated on the bill, a late payment charge, as indicated in the Water and Wastewater Rates and Charges By-law, will be assessed to the account If a Customer at any Premises omits, neglects or refuses to pay any bill rendered, whether for Water Service Lateral, Meter, service charges or any other monies to which the Municipality may be entitled in respect of Water service to such Premises, the Municipality may, at its discretion, disconnect or reduce the flow of Water to the Premises The Municipality shall provide notice in accordance with the Water and Wastewater Rates and Charges By-law of the proposed disconnection to the Owners and Occupants of the property by personal service or prepaid mail or by posting a notice on the property in a conspicuous place. Such charges have priority lien status, and may be collected in accordance with the Municipal Act, 2001, and may be added to the tax roll against the property in respect of which the Water service was supplied Where it is has been necessary to disconnect service as a result of non-payment, a reconnection charge as indicated in the Water and Wastewater Rates and Charges By-law, will be levied against the delinquent account, in addition to the applicable collection charge When the Owner requests a temporary Water disconnection and/or removal of the Water Meter from their Premises, for any reason, the charges for these services, as indicated in the Water and Wastewater Rates and Charges By-law, shall be billed out to the Owner When an Owner disconnects or reconnects the Water supply to a Premises, the Owner shall pay to the Municipality a charge of 50% of the line size charge on a Page 5 of 15

6 monthly basis as indicated in the Water and Wastewater Rates and Charges By-law until a request for the reconnection of Water service is made At the time of a change in occupancy, an administrative charge as indicated in the Water and Wastewater Rates and Charges By-law will be levied by the Municipality to the new Customer to cover the costs of administrative work, and said charge will be included on the first billing to the new customer The charge for testing the accuracy of a Water Meter is indicated in the Water and Wastewater Rates and Charges By-Law. 6. Curb Stop and Meter Placement Part 6 - Curb Stop and Meter Placement 6.1. The number of Curb Stop(s) and Meter placements may vary at different Premises in Municipality depending on the type of use and occupancy of the Premises. Water services and billing protocol will be governed by the scenarios outlined in this policy All efforts are taken to locate and install Curb Stops on the property line, however a Curb Stop located on a Premises does not preclude the Municipality from its right to access, operate, maintain and exercise the Curb Stop and does not permit the Owner or Occupants to alter, tamper or in any way manipulate the Curb Stop A Single Detached Residence dwelling with one Curb Stop and one Meter, and a multiple unit dwelling with multiple Curb Stops and multiple Meters shall both be billed directly to the Owner or the Tenant that occupies the Premises A multiple unit dwelling with one Curb Stop and one Meter shall be billed to the Owner rather than the Ten ants In pre-existing circumstances, a multiple unit dwelling with one Curb Stop and multiple metered Water services shall be metered and billed to each Tenant that occupies the Premises. In the case of a delinquent account, it is not possible for the Municipality to discontinue service to one unit within the dwelling; therefore, the Owner shall be informed of the delinquent account and that the service will be transferred into their name until such time as the Tenant is able to pay their outstanding balance. 7. Collections Part 7 - Collections 7.1. All outstanding amounts are due on or before the due date specified on the invoice. Every Customer shall pay the full amount of the rates and charges invoiced on or before the due date shown on the billing invoice When an account is not paid by the due date stated on the bill, a late payment charge as indicated in the Water and Waste Water Rates and Charges By-law, shall be assessed to the account If the Customer at any Premises omits, neglects, or refuses to pay any bill rendered, whether for Water Service Laterals, Meter, service charge or any other monies to which the Municipality may be entitled in respect to Water services to such Premises, the Municipality may, at its discretion, disconnect or reduce the flow of Water to the Premises The Customer shall be given two (2) weeks from the date of the notice to make payment on their account. If the Customer is unable to pay the outstanding charges in full, only the Treasurer is able to discuss a possible payment arrangement on the account. If the account is not paid by the date listed on the notice, the Water shall be disconnected at a cost to the Customer as outlined in the Water and Wastewater Rates and Charges By-law. Once the account is paid a reconnection fee shall also be applied. These charges must be paid in full prior to the reconnection of service Such charges have priority lien status, and may be collected in accordance with the Municipal Act, If the Owner has incurred the charges, they shall be added to the tax roll against the property and collected in the same manner as Municipal taxes. In the case of a delinquent Tenant account, the deposit shall be applied to the account and the service will be transferred to the Owner's name in accordance with the Page 6 of 15

7 scenarios listed above. The fees associated with the disconnection of service shall be applied to the delinquent account and must be paid in full before the service is be reconnected Where it has been necessary to disconnect the Water service as a result of nonpayment, a reconnection charge as indicated in the Water and Wastewater Rates and Charges By-Law shall be levied against the delinquent account, in addition to the applicable collection charges If a Customer has had the service to their Premises disconnected due to nonpayment, or if a Tenant leaves an unpaid balance and vacates the Premises without informing the Municipality, all available resources shall be used to collect from the Customer directly. If after three (3) months the account remains delinquent, it shall be forwarded on to a collection agency. 8. Operation of Water Systems Part 8- Operation of Water Systems 8.1. The Municipality agrees to use reasonable diligence in providing a regular and uninterrupted supply and quality of Water, but does not guarantee a constant service or the maintenance of unvaried pressure or quality or supply of Water and is not liable for damages to the Customer's Plumbing System caused by the breakage or maintenance activities within the Water Distribution System or for the shutting off of Water to execute repairs on the Water Distribution System The Municipality in its own right shall have the sole responsibility, authority, power and capacity to construct, maintain and operate all Municipal Waterworks plants and equipment within its boundaries No person other than a person authorized by the Municipality for that purpose shall be permitted to open or otherwise interfere with or operate or take Water from any fire hydrant. Authorization for Municipal Fire Department personnel is as described in section 8.5 of this By-law No person other than a person authorized by the Municipality for that purpose shall open or close a valve in the Water Distribution System, or remove, tamper with or in any way interfere with any valve, Water Meter, structure, watermain or Water service in the Water Distribution System Except for Water used for emergency fire fighting, any other use of a Municipal fire hydrant for Water supply must be approved by the Engineer of the Municipality or his/her designate. The charges for this use and bulk Water service shall be in accordance with those as indicated in the Water and Wastewater Rates and Charges By-law. The terms and conditions required for granting the use shall be at the discretion of the Municipality and may be changed from time to time as the Municipality deems necessary Any Water supplied or made available for any land or building for purposes of protection of property or persons from fire or for preventing fires or the spreading of fires shall not be used for any other purpose No person, other than persons authorized by the Municipality for that purpose shall be permitted to operate the Curb Stop to any Premises. 9. Water Services Part 9 -Water Service 9.1. All Water service connections and stubs shall be installed or abandoned by the Municipality only, except in new land development or major servicing projects where agreements with the Municipality require the Developer or Contractor to complete such work Where such agreements exist, as referred to in section 9.1, and a contractor is approved by the Municipality to install or decommission any Water Service Laterals, the Municipality will retain the right to forward costs to the Owner for any pre-existing connection fees and quality assurance provisions provided by the Municipality. Page 7 of 15

8 9.2. The Owner or representative of the Owner shall submit an application for new service, upgraded service or abandonment of service to the Municipality at least six (6) weeks prior to the date that the work is required The Municipality shall supply a cost estimate to the Owner for the Municipality to do the work within ten (1 0) working days of receiving the completed application and all required data A down payment of 50% of the estimated cost shall be made one week prior to the installation or abandonment. If asphalt paving, sidewalk, boulevard or curb and gutter restoration is required, a separate invoice shall be forwarded to the Owner at a later date. The Owner must pay the cost for these restorations within thirty (30) days of being invoiced for these works and failure to make payment shall result in the Water service line(s) being disconnected with associated disconnection/reconnection fees as indicated in the Water and Wastewater Rates and Charges By-law, charged to the Owner All costs and installation associated with the Water Service Extension are the responsibility of the Owner With the introduction of a duplex or greater onto a pre-existing serviced lot, the Municipality shall determine whether an existing Water Service Lateral requires replacement. If the Water Service Stub requires replacement, the actual costs shall be forwarded to the Owner, through the process defined in section 9.2 of this By-law The size of a new Water Service Lateral to single, double, triple, or four plex units shall be determined by the Building Code Act, 2012, or any amendments thereto, or the Owner's consulting engineer and must be approved by the Municipality In the case of a permanent disconnection (decommission) of service due to a change in use of the property and whereby the services are no longer required, the Water Service Lateral must be disconnected at the watermain, the corporation closed, and the curb box and rod removed at the Owner's expense The installation of the Water Service Lateral connection will not be scheduled or commence in any way until the Customer has met the requirements of this By-law All Water Service Extensions and appurtenances installed, including those required by a Municipal Subdivision or Development Agreement must be inspected by the Building Official of the Municipality The Municipality and persons authorized by the Municipality for inspection shall be, at all times, entitled to enter any Premises for the purposes of examining pipes, connections, and fixtures which are used in connection with the Water Service Lateral The Water Service Stub shall be maintained by the Municipality at the Municipality's expense Any and all defects, including but not limited to leakages, to the Water Service Extension, private main and meter pits shall be repaired by the Owner of the property being serviced at the Owner's expense. Should the Municipality become aware of any such defect, and upon written notification to the Owner, the said defect is not repaired within seven (7) days of the notification or within such time as the Municipality may deem necessary, then the Municipality may disconnect the Water supply to the property. If the Municipality is ordered to restore the Water supply, then the Municipality may repair the defective Water Service Extension and charge the cost to the Owner and collect such cost according to law, and until paid, such cost shall remain a lien on such property, and may also be added to the tax roll, deemed to be taxes and collected as taxes. The Municipality shall not be held responsible for the cost of restoration All valves must be left clear and accessible at all times so that the Water in the Water Distribution System and Private Mains may be disconnected or reconnected as may be found necessary by the Municipality. Any obstructions may be removed by the Municipality at the Owner's expense All Water Service Extensions to and including the Meter shall be properly protected from freezing and any other damage at the expense and risk of the Owner of the property being serviced. The Owner shall be responsible for the Water loss occasioned by a leak in the Water Service Extension and/or Private Main and the Page 8 of 15

9 charge for such Water loss shall be determined by the Municipality, shall be paid by the Owner upon demand by the Municipality, and the Municipality shall not be held responsible for any damages arising from such leakage Any hydrant situated within the road allowance is the property of the Municipality and shall be maintained by the Municipality The Municipality shall renew Water Service Stubs on public property at its expense and to its specifications when the piping is deemed by the Municipality to be beyond repair Prior to any Premises being is left vacant or without heat, it is the Owner's responsibility to disconnect the Water supply from within the Premises and to drain the Plumbing System therein. The Owner may apply in writing to the Municipality to have the Curb Stop turned off. The Curb Stop shall only be turned back on at the Owner's request and in the Owner's presence. The Owner shall pay for this service at the rate as indicated in the Water and Wastewater Rates and Charges By-law When any Premises left vacant, unattended or without heat, where the Water service has not been disconnected suffers damages to it and its contents from a leaking or burst Water pipe, the Owner or the Occupant shall have no claim against the Municipality. Should the Municipality become aware of such leaking or burst pipes, the Municipality shall disconnect the Water service with applicable charges Thawing of frozen Water Service Lateral lines shall be the Municipality's responsibility if the portion of line, that is frozen, falls on Municipal property. Thawing of frozen Water Service Extensions and Private Mains shall be the Owner's responsibility. Where the Municipality assists the Owner in thawing of frozen water pipes on the Owner's property, all such assistance work shall be considered to be at the Owner's risk and the Owner shall have no claim against the Municipality by reason of such work In the event that the Water Service Lateral freezes due to the Water service being disconnected as a result of non-payment, all costs associated with thawing the Water Service Lateral will be the responsibility of the Owner Bleeder valves may be installed on Water Service Laterals to prevent freezing and must be authorized by the Municipality. In the event a bleeder valve is installed and notice has been issued by the Municipality to the Owner that the bleeder valve is to be turned on, should the Owner fail to turn it on or advise the Municipality of any defect in the valve, and should the Water Service Lateral freeze, all costs associated with thawing the Water Service Lateral will be the responsibility of the Owner Where an Owner discontinues the use of the Water service, or the Municipality lawfully refuses to continue to supply it, the Municipality may, at all reasonable times, enter the Premises in or upon which the Owner was supplied with the Water service, for the purpose of disconnecting the supply of the Water service or of making an inspection from time to time to determine whether the Water service has been or is being unlawfully used or for the purpose of removing therefrom any fittings, machines, apparatus, Meters, pipes or other things being the property of the Municipality in or upon the Premises, and may remove the same therefrom, doing no unnecessary damage Water Service Extensions are the Owner's responsibility to maintain. 10. Water Meters Part Water Meters All Water used on Premises within the Municipality, except Water used for emergency firefighting purposes, or Water authorized by the Municipality, shall pass through a Meter. Where a Meter is installed, all Water used must pass through the Meter. Page 9 of 15

10 The Municipality may, upon ascertaining that Water has been used which has not passed through the Meter of such Premises, forthwith, without notice, disconnect the supply of Water. In the case of a Premises where a Meter cannot be installed or it is not practical for the Municipality to install a Meter, the property shall be billed at a non-metered rate as indicated in the Water and Wastewater Rates and Charges Bylaw Except as stated in section 10.9 of this By-law, the Owner shall pay the Municipality for the Meter and appurtenances for all newly constructed Buildings. The Meter must be installed prior to occupancy of the Building. The Meter shall remain the exclusive property of the Municipality which may be removed as and when the Municipality may see fit, upon the same being replaced by another Meter, or for any reason which the Municipality may, in its discretion, deem sufficient Prior to connecting the Water service to a newly constructed Building, the installation of the Meter and appurtenances must be inspected by the Municipality The Municipality may disconnect or restrict the supply of Water to a property if the Municipality requires access to the property to install, replace, repair or inspect a Water Meter. Any person authorized by the Municipality for that purpose has free access, at all reasonable times, and upon notice given to all parts of every Building or other Premises to which any Water service is supplied for the purpose of inspecting or repairing, or of altering or disconnecting, within or without the Building, or for placing Meters upon any Water Service Lateral or connection within or without the Building as he/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 Except where stated otherwise in this By-law, before disconnecting or restricting the supply of Water, the Municipality shall: i. By personal service or registered mail, serve the Owners and Occupant of the Premises 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 Premises is not obtained before that date; ii. Ensure that a copy of the notice described in clause (i) is securely attached to the Premises in a conspicuous place Except where stated otherwise in this By-law, the Municipality shall not disconnect or restrict the supply of Water unless it has made reasonable efforts to get access to the Premises and has been unable to get access within fourteen ( 14) days after providing notice under this By-law If the Municipality has disconnected or restricted the supply of Water under section 10.4 of this By-law, the Municipality shall reconnect the Water service as soon as it is practicable after obtaining access to the Premises Unless otherwise stated, all Water Meters shall be supplied by the Municipality and shall be installed to conform to the specifications required by the Municipality All Water Meters supplied by a Developer or Contractor, must first be approved by the Engineer of the Municipality. The Engineer shall have the authority to approve and specify the brand, model, style, options and delivery method of the Meter to the Municipality by the Developer or Contractor. The location of a Meter, when once installed to the specifications of the Municipality, shall not be changed by any person except with the consent of the Municipality In cases where a Building is located more than one hundred and fifty meters (150.0m) away from the Municipality's Water Main or when the location of the Meter cannot be provided by the Owner within the Premises to the satisfaction of the Municipality, the Owner will be required to install a Meter Pit approved by the Municipality to house the Meter and appurtenances In cases where the Premises being serviced has a private Water distribution network, the Owner will be required to install a Meter Pit as approved by the Municipality All costs associated with the purchase and installation of the Meter Pit are the responsibility of the Owner. Page 10 of 15

11 The Municipality will not supply, install, inspect or read private Water meters, nor will the Municipality bill consumption on private Water meters The Municipality and persons authorized by the Municipality for that purpose shall be allowed access to the Premises and be provided free and clear access to the Meter where Water is being supplied at all reasonable times for the purpose of reading and maintenance, at the discretion of the Municipality. Where such access to the Premises and/or free and clear access to the Meter is not provided by the Occupant within fourteen ( 14) days upon written notification by the Municipality, the Municipality may, at its discretion, disconnect the supply of Water to the Premises until such time as free and clear access to the Water meter is provided The Owner shall supply and install the inlet and outlet Isolating Valves to the Water Meter. The Owner shall be responsible for maintaining in good working order, the Isolating Valve to the Meter and shall ensure that such valves are accessible Any leaks that may develop at the Water Meter or its couplings must be reported immediately to the Municipality. The Municipality is not liable for damages to the Premises or belongings, of the Owner or Occupants, caused by such leaks No person, except a person authorized by the Municipality for that purpose, shall be permitted to open, or in any way whatsoever tamper with any Water Meter, 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 Meter, and should any person change, tamper with or otherwise interfere, in any way whatsoever, with any Water Meter placed in any Building, the Municipality may forthwith, without any notice, disconnect the Water from such Building or Premises, and the Water shall not be again turned on to such Building or Premises without the express consent of the Municipality If, in the opinion of the Engineer of the Municipality, the condition of the Water Service Extension and/or valves and of the Plumbing System on such piping is such that the Meter cannot be safely removed for the purpose of testing, replacing, repairing or testing in place without fear of damage to the Water Service Extension and valves, the Municipality may require the Owner or Occupant to make such repairs as may be deemed necessary to facilitate the removal or testing of the Meter. If, upon notification, the Owner does not comply with the Municipality's request, then the Water supply to the Premises may be disconnected at the Curb Stop during removal, replacement, or repair and testing of the Meter and the Municipality shall not be held responsible for any damages to the Owner's property arising from such work If, for any cause, a Meter shall be found to not be working properly, then the amount of Water to be charged for shall be estimated on the average reading for the previous months, when the Meter was working properly, or, if readings are unavailable or proven inaccurate, the Customer will be charged the base price for the supply of Water as outlined in the Water and Wastewater Rates and Charges By-law Any Customer may, upon written application to the Municipality, have the Water Meter at his or her Premises tested for accuracy of registration. Every such application should be accompanied by a deposit of the fee for testing Water Meters as set out in the Water and Wastewater Rates and Charges By-law. If the Meter is found to register correctly or its variance does not exceed three per cent (3%) in favour of the Municipality when tested, the Customer's deposit shall be forfeited towards the cost of the test. Any additional expenses of removing and testing of the Meter will be paid in full by the customer. If the Meter is found, when tested, to register in the excess of three per cent (3%), a refund will be made to the Customer equal to such excess percentage of the amount of the account for the period of four (4) months prior to such testing of the Meter, plus the Customer's deposit for the test Where the Water meter is equipped with a Remote Read-Out Unit of any type and a discrepancy occurs between the reading at the register of the Water Meter itself and the reading on the read-out device, the Municipality will consider the reading at the Meter to be correct, and shall adjust and correct the Customer's account accordingly. Page 11 of 15

12 Part 11 - Cross Connections and Backflow Preventions 11. Cross Connections and Backflow Preventions No person shall connect, cause to be connected, or allow to remain connected to the Water Distribution System any piping, fixture, fitting, container, or appliance, in a manner which, under any circumstances, may allow Water, Wastewater, non Potable Water, or any other liquid, chemical, or substance to enter the Water Distribution System. This means "protection from contamination" in accordance with the requirements of the Ontario Building Code Act, 2012, as amended from time to time Any person authorized by the Municipality has 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 Water Service Lateral is supplied for the purpose of inspecting or repairing, or of altering or disconnecting any Water Service Lateral, wire, rod or cross connection within or without the Building Where access is not provided, a written notice by the Municipality will be issued allowing fourteen ( 14) days to provide access. If access is not provided within this time frame, the Municipality may, at its discretion, disconnect the supply of Water to the Premises until such time as access is provided If a condition is found to exist which is contrary to this By-law, the Municipality shall immediately carry out an inspection and shall issue such directive or directives to the Customer as may be required to obtain compliance with this By-law and/or the law If the Customer to whom, the Municipality has issued a directive fails to comply with that directive, the Municipality may: i. Give notice to the Customer to correct the fault, at his/her expense, within a specified time period and, if the notice is not complied with, the Municipality may then disconnect the Water service or services; or ii. Without prior notice, disconnect the Water service or services Notwithstanding any sections under this By-law, where at risk of possible contamination of the Water Distribution System exists in the opinion of the Municipality or an approved authority, a Customer shall, on notice from the Municipality, install on his/her Water Service Extension a Cross Connection and/or Backflow Control Device, approved by the Municipality, in addition to any devices installed in the Customer's Water system at the source of potential contamination at the Owner's expense Cross Connection and/or Backflow Control Devices, when required by the Municipality, shall be installed in accordance with the Ontario Building Code and "CAN/CSA-B Manual for the Selection, Installation, Maintenance and Field Testing of Backflow Prevention Devices", as amended from time to time All Cross Connection and/or Backflow Control Devices sha ll be inspected and tested at the expense of the Customer, upon installation, and thereafter annually, or more often if required by the Municipality, by personnel approved by the Municipality to carry out such tests to demonstrate that the device is in good working condition. The Customer shall submit a report on a form approved by the Municipality for any or all tests performed on a Cross Connection and/or Backflow Control Devices within fourteen ( 14) days of a test, and a record card shall be displayed on or adjacent to the device on which the tester shall record the address of the Premises, 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 licence number If a Customer fails to have their Cross Connection and/or Backflow Control Devices tested, the Municipality or approved authority may notify the Customer that the device must be tested within four (4) days of the Customer receiving the notice. If the Customer fails to have the device tested within the time allowed, the Municipality may disconnect the Water service or services until the Control Device has been tested and approved as required by this By-law. Page 12 of 15

13 When the results of a test referred to in Part 11 of this By-law show that a Cross Connection and/or Backflow Control Device is not in good working condition, the Customer shall make repairs or replace the device within four ( 4) days. If a Customer fails to repair or replace the device within the time allowed, the Municipality may disconnect the Water service until such repair or replacement has been made No person shall, without the perm1ss1on of the Municipality, remove any Cross Connection and/or Backflow Control Device installed as a requirement of provincial legislation, notwithstanding the fact that the applicable provincial regulation has been rescinded. Part 12- Private Wells, Sandpoint Systems and Surface Water Sources 12. Private Wells, Sandpoint Systems and Surface Water Sources All service connections within the Municipal Water Distribution System where the Premises has a well, sandpoint and/or Surface Water Source or intends to install such a system, the following shall apply: i. Under no circumstances shall a secondary source of water such as a private well, sandpoint and/or surface water source system be interconnected with the Municipality's Potable Water supply to a Premises. If it is believed by the Municipality that a secondary water system is interconnected with the Potable Water supply, the Municipality may immediately disconnect the Water supply to the Premises. Subsequently, a notice will be sent to the Owner stating the reason for discontinued Potable Water supply. Once it is proven by inspection from the Municipality, that the secondary source of water is not interconnected with the Potable Water supply, it will be reconnected at a cost to the Owner as indicated in the Water and Wastewater Rates and Charges Bylaw for reconnection of water supply. ii. That the Backflow Control Device shall be installed and maintained as approved by the Engineer of the Municipality. 13. Prohibitions Part 13- Prohibitions Notwithstanding all other prohibitions of this By-law, no person shall: Wilfully hinder or interrupt, or cause or procure to be hindered or interrupted, the Municipality or any of its officers, Contractors, Agents, servants or workers, in the exercise of any of the power conferred by this By-law; Wilfully let off or discharge Water so that the Water runs waste or useless out of the Waterworks; Being a Customer, Occupant or Owner of any Premises supplied with Water from the Waterworks System, improperly waste the Water or, without the consent of the Engineer, lend, sell, or dispose of the Water, give it away, permit it to be taken or carried away, use or apply it to the use or benefit of another, or to any use and benefit other than his own or increase the supply of Water agreed to; Without lawful authority, wilfully open or close any valve or hydrant, or obstruct the free access to any hydrant, Water Service Stub, Meter, valve, chamber or pipe by placing on it any building material, rubbish or other obstruction; Throw or deposit any injurious or offensive matter into the Water or Waterworks System, or upon the ice if the water is frozen, or in any way foul the Water or commit any wilful damage or injury to the Water Distribution System, Mains, Water Service Laterals or Water, or encourage the same to be done; Wilfully alter any Meter placed upon any Water Service Lateral or connected therewith, within or without any Premises, so as to lessen or alter the amount of Water registered; or Page 13 of 15