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Water Supply, Sanitation Services and Industrial Effluent By-law, 2009
- Published in Western Cape Provincial Gazette no. 6675 on 9 November 2009
- Commenced on 9 November 2009
- [This is the version of this document from 9 November 2009 and includes any amendments published up to 15 December 2022.]
Part 1 – Definitions
Part 2 – Application for water services
2. Application for water services
3. Special agreements for water servicesThe municipality may enter into a special agreement for the provision of water services with an applicant in accordance with the municipality’s by-law relating to credit control and debt collection.
4. Change in purpose for which water services are usedWhere the purpose for, or extent to which, any municipal service is changed, the consumer must promptly advise the municipality of the change and enter into a new agreement with the municipality.
Part 3 – Tariffs and charges
5. Prescribed charges for water servicesAll tariffs and or charges payable in respect of water services rendered by the municipality in terms of this by-law, including but not limited to the payment of connection charges, fixed charges or any additional charges or interest in respect of failure to pay such tariffs or charges on the specified date will be set by the municipality by a resolution passed by the Council in accordance with:
6. Availability charges for water services
Part 4 – Payment
7. Payment of deposit
8. Payment for water services provided
Part 5 – Accounts
Part 6 – Termination, limitation and discontinuation of water services
10. Termination of agreement for the provision of water services
11. Limitation and/or discontinuation of water services provided
Part 7 – General provisions
12. Responsibility for compliance with this by-law
14. Unauthorised use of water services
15. Interference with water supply system or any sanitation services
16. Interference with infrastructure
17. Obstruction of access to water supply system or any sanitation services
18. Signing of notices and documentsA notice or document issued by the municipality in terms of this by-law and signed by a staff member of the municipality shall be deemed to have been duly issued and must on its mere production be accepted by a court as prima facie evidence of that fact.
19. Service of notices
20. Authentication of documents
21. Prima facie evidenceIn legal proceedings by or on behalf of the municipality, a certificate reflecting an amount of money as being due and payable to the municipality, shall, if it is made under the hand of the municipal manager, or of a suitably qualified employee of the municipality who is authorised by the municipal manager or the Manager of the municipality’s authorised agent, shall upon its mere production constitute prima facie evidence of the indebtedness.
22. Power to serve and compliance with notices
23. Power of entry and inspection
24. Provision of informationAn owner, occupier, consumer or person within the area of supply of the municipality must provide the municipality with accurate information requested by the municipality that is reasonably required by the municipality for the implementation or enforcement of this by-law.
25. False statements or informationNo person shall make a false statement or furnish false information to the municipality or falsify a document issued in terms of this by-law.
26. Indemnification from liabilityNeither employees of the municipality nor any person, body, organisation or corporation acting on behalf of the municipality is liable for any damage arising from any omission or act done in good faith in the course of his duties unless the damage is caused by a wrongful and intentional act or negligence.
27. Conflict of lawIf there is any conflict between this by-law and any other by-law of the municipality, this by-law will prevail.
28. Transitional arrangements
29. Repeal of existing municipal water services by-lawThe provisions of any by-law relating to water supply and sanitation services by the municipality are hereby repealed insofar as they relate to matters provided for in this by-law.
30. Short title and commencement
31. Appeals against decisions of the municipality
32. Waste of water
33. Unauthorised and illegal discharges
34. Illegal re-connectionA consumer whose access to water supply services have been restricted or disconnected, who intentionally reconnects to services or who intentionally or negligently interferes with infrastructure through which water supply services are provided, shall be disconnected.
35. Pipes in streets or public placesNo person shall for the purpose of conveying water or sewage derived from whatever source, lay or construct a pipe or associated component on, in or under a street, public place or other land owned by or under the control of any municipality, except with the prior written permission of the municipality and subject to such conditions as it may impose.
36. Use of water from sources other than the water supply system
37. Use of on-site sanitation services not connected to the sanitation system
38. Offences and penalties
39. Service levels
Water services intermediaries
40. RegistrationThe municipality may by public notice require water services intermediaries or classes of water services intermediaries to register with the municipality in a manner specified in the public notice.
41. Provision of water services
42. Charges for water services provided
Water supply services
Part 1 – Connection to water supply system
43. Provision of connection pipe
44. Location of connection pipe
45. Provision of single water connection for supply to several consumers on the same premises
46. Interconnection between premises or water installationsAn owner of premises shall ensure that no interconnection exists between—
47. Disconnection of water installation from the connection pipeThe engineer may disconnect a water installation from the connection pipe and remove the connection pipe if—
Part 2 – Communal water services works
48. Provision of a water services work for water supply to several consumers
Part 3 – Temporary water supply services
49. Water supplied from a hydrant
Part 4 – Standards and general conditions of supply
50. Quantity, quality and pressureWater supply services provided by the municipality must comply with the minimum standards set for the provision of water supply services in terms of section 9 of the Act.
51. Testing of pressure in water supply systemsThe engineer may, on application by an owner and on payment of the determined charge, determine and furnish the owner with the amount of the pressure in the water supply system relating to his premises over such period as the owner may request.
52. Specific conditions of supply
Part 5 – Measurement of water supply services
53. Measuring of quantity of water supplied
54. Quantity of water supplied to consumer
55. Defective measurementIf a consumer has reason to believe that a measuring device, used for measuring water, which was supplied to him or her by the municipality is defective he or she may take the steps as provided for in the municipality’s by-law relating to credit control and debt collection.
56. Special measurement
57. No reduction of amount payable for water wastedA consumer shall not be entitled to a reduction of the amount payable for water wasted or lost in a water installation.
Part 6 – Audit
58. Water audit
Part 7 – Installation work
59. Approval of installation work
60. Provision and maintenance of water installations
61. Persons permitted to do installation and other work
62. Technical requirements for a water installationNotwithstanding the requirement that a certificate be issued in terms of section 59, all water installations shall comply with SANS 0252 Part 1 and all fixed electrical storage water heaters shall comply with SANS 0254.
63. Use of pipes and water fittings to be authorised
64. Labelling of terminal water fittings and appliancesAll terminal water fittings and appliances using or discharging water shall be marked, or have included within the packaging of the item, the following information:
65. Water demand management
Part 8 – Water pollution, restriction and wasteful use of water
66. Owner to prevent pollution of waterAn owner shall provide and maintain approved measures to prevent the entry of a substance, which may be a danger to health or adversely affect the potability of water or affect its fitness for use, into—
67. Water restrictions
Part 9 – Fire services connections
68. Connection to be approved by the municipality
69. Special provisionsThe provisions of SANS 0252-1 shall apply to the supply of water for fire fighting purposes.
70. Dual and combined installationsAll new buildings erected after the commencement of this by-law, must comply with the following requirements in relation to the provision of fire extinguishing services:
71. Connection pipes for fire extinguishing services
72. Valves and meters in connection pipesEvery connection pipe to a fire extinguishing installation must be fitted with valves and a measuring device which shall be:
73. Meters in fire extinguishing connection pipesThe engineer shall be entitled to install a water meter in any connection pipe used solely for fire extinguishing purposes and the owner of the premises shall be liable for all costs in so doing if it appears to the municipality that water has been drawn from the pipe for purposes other than for the purpose of extinguishing a fire.
74. Sprinkler extinguishing installationA sprinkler installation may be installed directly to the main, but the municipality may not be deemed to guarantee any specified pressure at any time.
75. Header tank or double supply from main .
76. Sealing of private fire hydrants .
Part 10 – General provisions
77. Notification of boreholes
78. Sampling of water
79. Supply of non-potable water by municipality
80. Testing of pressure in water supply systemsThe municipality may, on application by an owner and on payment of the prescribed charge, determine and furnish the owner with the value of the pressure in the water supply system relating to his or her premises over such period as the owner may request.
81. Pipes in streets or public placesNo person shall for the purpose of conveying water derived from whatever source, lay or construct a pipe or associated component on, in or under a street, public place or other land owned by, vested in, or under the control of any municipality, except with the prior written permission of that municipality and subject to such conditions as it may impose.
82. Use of grey waterNo person shall use grey water or permit such water to be used, except with the prior written permission of the municipality and subject to such conditions as it may impose.
Part 1 – Standards and general provisions
83. Standards for sanitation servicesSanitation services provided by the municipality will comply with the minimum standards set for the provision of sanitation services in terms of the section 9 of the Act.
84. Objectionable discharge to sewage disposal system
Part 2 – On-site sanitation services and associated services
85. Application for infrastructure
86. Services associated with on-site sanitation services
87. Charges in respect of services associated with on-site sanitation servicesCharges in respect of the removal or collection of conservancy tank contents, night soil or the emptying of pits will cover all the operating and maintenance costs in the removal of the pit contents, transportation to a disposal site, the treatment of the contents to achieve a sanitary condition and the final disposal of any solid residues shall be payable in terms of the municipality’s tariff policy when the service is rendered.
88. Installation of on-site sanitation servicesIf an agreement for on-site sanitation services in respect of premises has been concluded, or if it is not reasonably possible or cost effective for the municipality to install a connecting sewer, the owner must install sanitation services specified by the municipality, on the site unless the service is a subsidised service that has been determined by the municipality in accordance with the municipality’s Credit Control and Debt Collection By-law.
89. Ventilated improved pit latrines
90. Septic tanks and treatment plants
91. French drains
92. Conservancy tanks
93. Operation and maintenance of on-site sanitation servicesThe operation and maintenance of on-site sanitation services and all costs pertaining to it remains the responsibility of the owner of the premises, unless the on-site sanitation services are subsidised services determined in accordance with the municipality’s by-law relating to credit control and debt collection.
94. Disused conservancy and septic tanksIf an existing conservancy tank or septic tank is no longer required for the storage or treatment of sewage, or if permission for its use is withdrawn, the owner must either cause it to be completely removed or to be completely filled with earth or other suitable material, provided that the engineer may require a tank to be dealt with in another way, or approve its use for other purposes, subject to any conditions specified by him.
Part 3 – Sewage disposal
95. Obligation to connect to sanitation system
96. Provision of connecting sewer
97. Location of connecting sewer
98. Provision of one connecting sewer for several consumers on same premises
99. Interconnection between premisesAn owner of premises must ensure, unless he has obtained the prior approval of the municipality and complies with any conditions that it may have imposed, that no interconnection exists between the drainage installation on his premises and the drainage installation on any other premises.
100. Disconnection of draining installation from connecting sewerThe municipality may disconnect a drainage installation from the connecting sewer and remove the connecting sewer if—
Part 4 – Sewage delivered by road haulage
101. Acceptance of sewage delivered by road haulageA municipality may, at its discretion, and subject to such conditions as it may specify, accept sewage for disposal delivered to the municipality’s sewage treatment plants by road haulage.
102. Written permission for delivery of sewage by road haulage
103. Conditions for delivery of sewage by road haulage
104. Withdrawal of permission for delivery of sewage by road haulage
Part 5 – Purified sewage
105. Use of purified sewage
Part 6 – Disposal of industrial effluent and trade premises
106. Application for disposal of industrial effluent
107. Unauthorised discharge of industrial effluent
108. Quality standards for disposal of industrial effluent
109. Conditions for disposal of industrial effluent
110. Withdrawal of written permission for disposal of industrial effluent
111. Sea outfalls
Part 7 – Measurement of quantity of effluent discharged to sewage disposal system
112. Measurement of quantity of standard domestic effluent discharged
113. Measurement of quantity of industrial effluent discharged
114. Reduction in the quantity determined in terms of sections 112 and 113
115. Charges in respect of "on-site" sanitation servicesCharges in respect of the removal or collection of conservancy tank contents, night soil or the emptying of pits will cover all the operating and maintenance costs arising from the removal of the pit contents, its transportation to a disposal site, the treatment of the contents to achieve a sanitary condition and the final disposal of any solid residues and are payable by the owner.The additional charge for industrial effluent for the disposal of high strength sewage to a waste water treatment plant shall be determined in accordance with the formula for the calculation of effluent discharge charges as included in Schedule C.
Part 8 – Drainage installations
116. Construction or installation of drainage installationsAn owner must provide and maintain his drainage installation at his own expense, unless the installation constitutes a basic sanitation facility as determined by the municipality, and except where otherwise approved by the municipality, must ensure that the installation is situated within the boundary of his premises.
118. Drains in streets or public placesNo person shall for the purpose of conveying sewage derived from whatever source, lay or construct a drain on, in or under a street, public place or other land owned by, vested in, or under the control of the municipality, except with the prior written permission of the municipality and subject to such conditions as it may impose.
119. Construction by municipalityThe municipality may agree with the owner of any premises that any drainage work which such owner desires, or is required to construct in terms of this by-law or the Building Regulations, will be constructed by the municipality against payment, in advance or on demand, of all costs associated with such construction.
120. Maintenance of drainage installation
121. Installation of pre-treatment facilityA municipality may require that any new premises must be provided with a minimum pre-treatment facility of a type specified by it prior to that premises being connected to the sewage disposal system.
122. Protection from ingress of floodwatersWhere a premises is situated in the 1 in 50 years flood plain the top level of service access holes, inspection chambers and gullies is to be above the 1 in 50 years flood level, except, in the case of service access holes and inspection chambers, where the cover is secured in place by approved means.
123. Disconnection of drainage installations
124. Technical requirements for drainage installationsAll drainage installations shall comply with SANS code 0252 and the Building Regulations.
125. Sewer blockages
126. Grease trapsA grease trap of an approved type, size and capacity must be provided in respect of all premises that discharge sewage to on-site sanitation systems or where, in the opinion of the municipality, the discharge of grease, oil and fat is likely to cause an obstruction to the flow in sewers or drains, or to interference with the proper operation of any waste-water treatment plant.
127. Industrial grease traps
128. Mechanical appliances for lifting sewage
Part 9 – Other sanitation services
129. Stables and similar premisesThe municipality may approve the connection of a drainage installation to stables, cowsheds, dairies, kennels, other premises for the accommodation of animals, and tanneries, subject to the payment of all applicable charges and the fulfilment of any condition that the municipality may impose; but approval will be given only if—
130. Mechanical food-waste or other disposal unitsThe municipality may approve the connection or incorporation of a mechanical waste food, disposal which and any disposal unit or garbage grinder, into a drainage installation that has a capacity in excess of 500W, subject to the payment of all applicable charges and to any condition that the municipality may impose, but approval will be given only if—
Part 10 – Installation work
131. Approval of installation work
132. Persons permitted to do installation and other work
133. Testing of drainage installations
134. Water demand management
Part 11 – General
135. Conflict with other legislationIn the event of any conflict between any provision of this by-law and National and Provincial legislation, standards, policies or guidelines, the National and Provincial legislation, standards, policies or guidelines shall prevail.
136. Revocation of by-lawsThe provisions of any by-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality, are hereby repealed as far as they relate to matters provided for in this by-law, and insofar as it has been made applicable to the municipality by the authorisation for the execution of powers and functions in terms of section 84(3) of the Local Government: Municipal Structures Act, Act 117 of 1998.
137. Short title and commencementThis by-law shall be known as the Water Services By-law and commences on the date of publication thereof in the Provincial Gazette.
Part 12 – Quality standards
History of this By-law
9 November 2009 this versionPublished in Western Cape Provincial Gazette no. 6675By-law commences.
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