file: 0570-20 council of the city of castlegar regular

100
File: 0570-20 COUNCIL OF THE CITY OF CASTLEGAR Regular Meeting - 7:00 p.m., December 18, 2017 Call to Order Adoption of Agenda: As presented Delegations: Nil Adoption of Minutes: 3 Regular Meeting – December 4, 2017 Reports: Airport: Nil Community Wellness & Social Services: (Councillor McIntosh / Councillor Dhillon) 7 Draft Community Wellness & Social Service Committee Meeting Minutes – December 5, 2017 Cultural and Civic Pride: (Councillor Rye / Mayor Chernoff) 8 Draft Cultural and Civic Pride Committee Meeting Minutes – December 7, 2017 Finance and Corporate Services: (Councillor Heaton-Sherstobitoff / Councillor McIntosh) Nil Green and Technology: (Mayor Chernoff / Councillor Rye / Councillor Tassone) Nil Planning and Development: (Councillor Tassone / Councillor Vassilakakis) 10 Draft Planning and Development Committee Meeting Minutes – December 11, 2017 12 Business License Report – November 2017 (#17-177) 13 Building Permit Report – November 2017 (#17-178) 1

Upload: others

Post on 10-Jan-2022

2 views

Category:

Documents


0 download

TRANSCRIPT

File: 0570-20

COUNCIL OF THE CITY OF CASTLEGAR

Regular Meeting - 7:00 p.m., December 18, 2017

Call to Order

Adoption of Agenda: As presented

Delegations: Nil

Adoption of Minutes: 3 Regular Meeting – December 4, 2017

Reports:

Airport: Nil

Community Wellness & Social Services: (Councillor McIntosh / Councillor Dhillon) 7 Draft Community Wellness & Social Service Committee Meeting Minutes – December 5, 2017

Cultural and Civic Pride: (Councillor Rye / Mayor Chernoff) 8 Draft Cultural and Civic Pride Committee Meeting Minutes – December 7, 2017

Finance and Corporate Services: (Councillor Heaton-Sherstobitoff / Councillor McIntosh) Nil

Green and Technology: (Mayor Chernoff / Councillor Rye / Councillor Tassone) Nil

Planning and Development: (Councillor Tassone / Councillor Vassilakakis) 10 Draft Planning and Development Committee Meeting Minutes – December 11, 2017 12 Business License Report – November 2017 (#17-177) 13 Building Permit Report – November 2017 (#17-178)

1

Agenda Council of the City of Castlegar Regular Meeting – December 18, 2017 Page 2 of 2

Public Safety: (Councillor Dhillon / Councillor Heaton-Sherstobitoff) 16 Draft Public Safety Committee Meeting Minutes – December 12, 2017 19 Emergency Services Monthly Report – November 2017 (#17-181) 21 Royal Canadian Mounted Police Crime Reduction Unit Report October & November 2017

Transportation and Civic Works: (Councillor Vassilakakis / Councillor Rye) 27 Draft Transportation and Civic Works Committee Meeting Minutes – December 12, 2017 29 2018 Water & Sewer Rates Bylaw (#17-182)

R.D.C.K. Report: (Mayor Chernoff / Councillor McIntosh) Nil

Correspondence: 42 BC Federation of Students re: Thank You

Reports Other:

Mayor's Report:

New & Unfinished Business:

Bylaws: 44 The Corporation of the City of Castlegar Waterworks Regulatory and Rates Bylaw No. 1259,

2018”. (Consider Three Readings) 76 The Corporation of the City of Castlegar Sewer Regulation and Rates Bylaw no. 1260, 2018

(Consider Three Readings)

Next Meeting: Regular Meeting, January 8, 2018 7:00 p.m. at the Community Forum, 445-13th Avenue, Castlegar B.C.

Notice of Motion:

Question Period:

Adjournment:

COUNCIL OF THE CITY OF CASTLEGAR

Regular Meeting Minutes

Minutes of the regular meeting of the Council of the City of Castlegar held December 4, 2017 7:00 p.m. at the Community Forum, 445 - 13th Avenue, Castlegar, B.C.

MEMBERS PRESENT:

Mayor Lawrence Chernoff Councillor Arry Dhillon Councillor Sue Heaton-Sherstobitoff Councillor Deb McIntosh Councillor Dan Rye Councillor Bruno Tassone (via FaceTime) Councillor Florio Vassilakakis

MEMBERS ABSENT: Nil

ALSO PRESENT: Chris Barlow, Chief Administrative Officer/Director of Transportation and Civic Works Tracey Butler, Director of Corporate Services Andre Buss, Director of Finance Lois Hunter, Deputy Director of Finance Phil Markin, Director of Development Services Sam Lattanzio, Fire Chief David Bristow, IT Manager

Public and Media

CALL TO ORDER: There being a quorum present, the Mayor called the meeting to order at 7:03 p.m.

AGENDA: 354-17 Moved and seconded,

that the agenda be approved as presented.

Carried.

DELEGATION: CASTLEGAR & DISTRICT COMMUNITY SERVICES (CDCSS)

Ms. Kristein Johnson, Executive Director, Castlegar & District Community Services provided Council with a year end report on the Celgar Pavilion Concession Services run by CDCSS in the summers of 2016 and 2017. The success of the Concession service in 2017 allowed for $14,847.91 to be allocated back into programs and services offered by CDCSS. The Concession provided employment and learning opportunities to students including leadership and management. Ms. Johnson provided a revenue and expense statement for 2016 and 2017. Ms. Johnson commented that it would be beneficial for workers of the Concession to have training in dealing with intoxication and drug use in the Park. Ms. Johnson expressed the desire of the CDCSS to continue operating the Celgar Pavilion Concession.

MINUTES: 355-17 MINUTES

Moved and seconded, that the minutes of the Regular Meeting held November 20, 2017 be approved as presented.

Carried.

356-17 MINUTES

Moved and seconded, that the meeting minutes of the Public Hearing for Zoning Amendment Bylaws 1257 and 1258 held November 20, 2017, be approved as presented.

Carried.

REPORTS:

AIRPORT: Nil

COMMUNITY WELLNESS & SOCIAL SERVICES:

Nil

3

Minutes – Regular Meeting Page 2 of 4 December 4, 2017 CULTURAL AND CIVIC PRIDE: Nil FINANCE &CORPORATE SERVICES: 357-17 MINUTES

Moved and seconded, that the draft minutes of the Finance & Corporate Services meeting held November 29, 2017 be received for information.

Carried. 358-17 ITEMS TO BE RELEASED FROM PREVIOUS IN CAMERA MEETINGS - 3RD QUARTER 2017(#17-173)

Moved and seconded, that Council release to the public the resolutions from the August 14, 2017 – November 2, 2017 Special In Camera meetings as noted in Report to Council No. 17-173.

Carried. GREEN AND TECHNOLOGY: Nil PLANNING AND DEVELOPMENT: 359-17 MINUTES

Moved and seconded, that the draft minutes of the Planning & Development meeting held November 28, 2017 be received for information.

Carried. PUBLIC SAFETY: 360-17 MINUTES

Moved and seconded, that the draft minutes of the Public Safety meeting held November 21, 2017 be received for information.

Carried. TRANSPORTATION & CIVIC WORKS: 361-17 MINUTES

Moved and seconded, that the draft minutes of the Transportation & Civic Works meeting held November 28, 2017 be received for information.

Carried. WATER AND SEWER PROPOSED RATE STRUCTURE UPDATE (#17-175) MAIN MOTION

Ms. Lois Hunter, Deputy Director of Finance, provided Council with a Powerpoint presentation regarding the next agenda item. Moved and seconded, that Council direct staff to draft a 2018 Water Rate Bylaw for Council consideration, implementing the water rates proposal as per report number 17-137 and incorporating the following changes included in report 17-175:

OPTION 1 – Summer Transition 100 Cubic Metres Cap OPTION 4 (b) – Increase Non-Metered Single Family Dwelling to 50% Year 1, 25% Year 2, 25% Year 3 OPTION 5 – Irrigation Meters Only Charged Multi-Family Water Consumption OPTION 9 (a) – ICI Water Service Connection Size Charge OPTION 9 (b) – Reduce the ICI Water Flat Fee;

362-17 AMENDING MOTION

Moved and seconded, that the main motion be amended to include Option 3 in report 17-175 and that staff bring back a water rate bylaw for Council consideration that includes a low user threshold and the rationale.

Carried. 363-17 QUESTION ON THE MAIN MOTION

Moved and seconded, that the main motion be approved as amended.

Carried.

4

Minutes – Regular Meeting Page 3 of 4 December 4, 2017 364-17 SEWER PROPOSED RATE STRUCTURE

Moved and seconded, that Council direct staff to draft a 2018 Sewer Rate Bylaw for Council consideration, implementing the sewer rates proposed as per report 17-137 and incorporating the following changes included in report 17-175:

OPTION 4 (b) – Increase Non-Metered Single Family Dwelling to 50% Year 1, 25% Year 2, 25% Year 3 OPTION 5 – Irrigation Meters Only Charged Multi-Family Water Consumption.

Carried.

RDCK REPORT: Nil CORRESPONDENCE: 365-17

Moved and seconded, that the correspondence from Kootenay Robusters Dragon Boat Team re: Thank you, Ministry of Tourism, Arts and Culture re: Thank you and Tourism, School District No. 20, Kootenay-Columbia re: Camas Conservation Kids' Area, site preparation be received for information.

Carried. REPORTS OTHER: Nil MAYOR’S REPORT: Mayor Chernoff stated that for 2018 Council Committee appointments would remain the same

as appointed in 2017. Mayor Chernoff reported on the following events and meetings: • November 23 – Waterfront Public Session and Hospice Holiday Reception • November 25 – Selkirk College Annual Gala • November 28 – Castlegar Community Services Open House • November 30 – Castlegar Chamber AGM • December 1 – Hospital Foundation Pledge Day & Winterfest Celebration

Councillor Dhillon informed Council that he has been approached by the Minister of Forest,

Land and Natural Resources to sit on a Rural Economic Development Committee to discuss how rural economic development can be advanced within the Province.

NEW & UNFINISHED BUSINESS:

Nil

BYLAWS: Nil NEXT MEETING: Regular Meeting, December 18, 2017 7:00 p.m. at the Community Forum, 445-13th Avenue,

Castlegar, B.C. NOTICE OF MOTION: Nil QUESTION PERIOD: MS. CHERRYL MACLEOD

Ms. MacLeod: • Thanked Castlegar News for live streaming the Council Meetings, • Commented on the positive effects of the CDCSS hiring summer students at the Celgar

Pavilion Concession, • Inquired about the Kinnaird Church of God property transfer, and • Inquired how the Mayor and Councillor Vassilakakis rode the holiday train in 2015 and who

would be riding the Holiday Train this year. MR. JOHN SHIRLEY Mr. Shirley asked if the City runs a deficit because of the way the water/sewer meter structure runs,

would that deficit fall back on the single dwelling owners?

5

Minutes – Regular Meeting Page 4 of 4 December 4, 2017 MR. BRIAN SMITHERAM

Mr. Smitheram commented on the following: • Cautioned Council to be aware of their own bureaucracy when setting water and sewer rates. • Commented that the City must be a role model in water conservation and that the City water use

statistics should be available at any time. ADJOURNMENT: 366-17

Moved and seconded, that the meeting adjourned at 9:01 p.m.

Carried.

CERTIFIED CORRECT:

_________________________________________ _________________________________________ Tracey Butler Lawrence D. Chernoff Director of Corporate Services Mayor

6

COMMUNITY WELLNESS AND SOCIAL SERVICES COMMITTEE MEETING MINUTES.

Minutes of the Community Wellness and Social Services Committee meeting held on December 5, 2017 at 1:00 p.m. in the City Hall Boardroom.

MEMBERS PRESENT:

Councillor Deb McIntosh, Chair Councillor Arry Dhillon, Deputy Chair

STAFF PRESENT: Tracey Butler, Director of Corporate Services

Nicole Brown, Executive Assistant CALL TO ORDER: The meeting was called to order by Councillor McIntosh, Chair at 1:30 p.m. AGENDA: The agenda was approved as presented. MINUTES: November 7, 2017.

The Committee approved the minutes of the Community Wellness and Social Services Committee meeting held on November 7, 2017.

BUSINESS ARISING FROM THE MINUTES:

Councillor McIntosh updated the Committee on the Fentanyl Information session. IHA and ANKORS are in the process of organizing an information session in Castlegar in the new year. Councillor McIntosh will bring forward further information to the January Committee meeting.

NEW BUSINESS: 1. Columbia Basin Trust Poverty Reduction Project Funding.

The Committee received for information the email correspondence dated November 24, 2017 from Columbia Basin Trust regarding the request for proposals for poverty reduction projects. $500,000 is available for up to four projects that address poverty in the Basin. The Committee recommends the information be shared on the City Social media for distribution.

ADJOURNMENT The meeting adjourned at 1:50 p.m.:

CERTIFIED CORRECT: ________________________

Councillor Deb McIntosh, Chair

RECORDED BY:

Nicole Brown, Executive Assistant

Reviewed by: Director of Corporate Services

7

CULTURAL AND CIVIC PRIDE COMMITTEE MEETING MINUTES Minutes of the Cultural and Civic Pride Committee meeting held on Thursday, December 7, 2017, City Hall Conference Room, 460 Columbia Avenue, Castlegar, B.C. V1N 1G7.

MEMBERS PRESENT:

Councillor Dan Rye, Chair (via phone) Mayor Lawrence Chernoff, Deputy Chair

MEMBERS ABSENT:

Nil

STAFF PRESENT: Tracey Butler, Director of Corporate Services PUBLIC PRESENT: None CALL TO ORDER: Chair Rye called the meeting to order at 8:52 a.m. AGENDA: The agenda was approved as circulated. MINUTES: July 6, 2017

The Committee reviewed and approved the minutes of the Cultural and Civic Pride Committee meeting held on Thursday, July 6, 2017.

BUSINESS ARISING FROM THE MINUTES:

Nil.

NEW BUSINESS:

1. KOOTENAY GALLERY BOARD MEETING MINUTES 2. DIME STORE FISHERMAN

The minutes of the Kootenay Gallery of Art, History and Science board meetings held August 23, 2017, September 30, 2017 and October 25, 2017 were received for information. Chair Rye will follow up with Kootenay Gallery of Art re: Letter to Ministry referred to in the August 23, 2017 minutes. The committee received for information correspondence from the Dime Store Fishermen re: hosting show.

3. BC’s GUIDE FOR ARTS AND CULTURE

Correspondence from the BC’s Guide for Arts and Culture re: membership was forwarded to the Kootenay Gallery, Kootenay Doukhobor Historical Society and the Castlegar and District Heritage Society for their consideration.

8

Minutes of the Cultural and Civic Pride Committee Meeting held on Thursday, December 7, 2017. Page 2 of 2 ADJOURNMENT The meeting adjourned at 9:04 a.m. CERTIFIED CORRECT: _______________________________ Councillor Dan Rye, Chair RECORDED BY: _______________________________ Tracey Butler Director of Corporate Services

9

PLANNING AND DEVELOPMENT COMMITTEE MEETING MINUTES

Minutes of the Planning and Development Committee meeting held on Monday, December 11, 2017 at 3:30 p.m. in the office of the Director of Development Services, at City Hall, 460 Columbia Avenue, Castlegar, B.C.

MEMBERS PRESENT:

Councillor Bruno Tassone, Chair Councillor Florio Vassilakakis, Deputy Chair (Via Telephone)

MEMBERS ABSENT:

STAFF PRESENT: Phil Markin, Director of Development Services PUBLIC PRESENT: None. CALL TO ORDER: The meeting was called to order at 3:30 p.m. by Councillor Bruno

Tassone, Chair AGENDA: The agenda was adopted as presented. MINUTES: November 28, 2017

The Planning & Development Committee reviewed and approved the minutes of the Planning and Development Committee meeting held on Tuesday, November 28, 2017.

BUSINESS ARISING FROM THE MINUTES:

None.

1. BUSINESS LICENCE REPORT – NOVEMBER 2017

Report to Council No. 17-177 from Nikki Watson, Development Services Clerk, will be placed on the agenda for the December 18, 2017 regular meeting for Council’s consideration.

2. BUILDING PERMIT REPORT - NOVEMBER 2017

Report to Council No. 17-178 from Nikki Watson, Development Services Clerk, will be placed on the agenda for the December 18, 2017 regular meeting for Council’s consideration.

3. OTHER Staff discussed on going development with the Planning &

Development Committee.

10

Minutes of the Planning & Development Committee Meeting December 11, 2017 Page 2 of 2 ADJOURNMENT The meeting adjourned at 3:45 p.m. CERTIFIED CORRECT: ________________________________ Bruno Tassone, Chair RECORDED BY: ____________________________________ Phil Markin, Director of Development Services

Reviewed by: Director of Corporate Services

11

_____________________________________________________________________ REPORT TO COUNCIL

DATE: REPORT NO.:17-177

SUBMITTED BY:

FILE NO.: 4320-20-R1

SUBJECT:

December 4, 2017

Nikki Watson, Development Services Clerk

Business License Report – November 2017

2017 2016

Fees Received

Number Issued

Fees Received

Number Issued

New Licences : $215.00 4 $215.00 5

ICBL Licences:

(Total ICBL Licences Year to Date: 22)

Total Licences in November: $530.00 8 $1,265.00 14

Total Licences - Year to Date: $78,136.00 679 $78,135.00 674

NEW LICENCES: BL 2594 Peter Dixon 60 High Street Nelson, BC V1L 3Z4 Carpentry

BL 2612 JB Muller Maintenance PO BOX 370 Robson, BC V0G 1X0 Cleaning Car Washes

BL 2613 HC Trades Enterprises 1725 Highway 3 Castlegar, BC V1N 4W1 Painting & Drywall Services

BL 2614 Fundamentals Unit E – 635 Columbia Avenue Castlegar, BC V1N 1G9 Retail for educational toys, books, computer & cell phones.

Prepared by: Nikki Watson, Development Services Clerk Date: December 4, 2017

Approved by: ________________________________ Date: December 4, 2017 Mike Defosse, Building Official

12

REPORT TO COUNCIL DATE: December 4, 2017 REPORT NO.: 17-178 SUBMITTED BY: Nikki Watson,

Development Services Clerk FILE NO.: 3800-01

SUBJECT: Building Permit Report – November 2017

2017

2016

Value of

Work

Permits Issued

Value of

Work

Permits Issued

Residential - New (Single/Duplex) $300,000.00 1 $480,000.00 2 Residential - New (Multi-Family) Residential - New (Garages/Carports) Residential - Alterations & Additions $32,600.00 8 $117,090.00 19

Commercial – New Commercial - Alterations & Additions $57,800.00 1 $41,431.78 3 Industrial – New Industrial - Alterations & Additions Institutional/Gov't - New Institutional/Gov't - Alterations & Additions

$8,000.00 1

Inspections Demolitions Excavation

TOTALS $390,400.00 10 $646,521.78 25

YEAR-TO-DATE TOTALS $9,575,973.72 217 $23,199,856.37 215

/2

13

Building Permit Report Page 2 For the Month of November, 2017 Major Projects Started in November, 2017 1533 Aspen Lane, Single Family Dwelling 620 17th Street, Office Renovation On-Going Projects 2416 Columbia Avenue, Addition 202 102nd Street, Addition 421 5th Avenue, Single Family Dwelling 3904 Grandview Drive, Single Family Dwelling 1713 Greenwood Drive, Single Family Dwelling 4208 16th Avenue, Single Family Dwelling 3852 5th Avenue, Single Family Dwelling 2108 Columbia Avenue, Renovations

4705 14th Avenue, Retaining Wall 619 11th Avenue, Renovations 3905 16th Avenue, Single Family Dwelling 1921 Arrow Lakes Drive, Maintenance Garage 124 Heritage Way, BCSPCA

Completed Projects 3020 1st Avenue, Single Family Dwelling 513 Kerria Street, Renovations Prepared by: Nikki Watson, Development Services Clerk Date: December 4, 2017 Approved by: ___________________________________ Date: December 4, 2017 Mike Defosse, Building Official

14

# Value # Value # Value # Value # Value # Value # Value # Value # Value # Value # Value # Value

Jan 2 $25,000.00 3 $77,625.00 5 $102,625.00

Feb 2 $9,200.00 1 $39,000.00 3 $48,200.00

Mar 3 $810,000.00 7 $144,435.00 2 $8,500.00 1 $550,000.00 13 $1,512,935.00

Apr 1 $250,000.00 20 143,080.07 3 $66,000.00 1 $5,000.00 25 $464,080.07

May 29 $453,321.37 3 $38,000.00 3 $6,000.00 35 $497,321.37

June 3 $849,748.44 24 $193,150.00 9 $377,070.00 36 $1,419,968.44

July 1 $265,000.00 15 $126,000.00 6 $28,500.00 1 $20,213.55 23 $439,713.55

Aug 16 $499,738.50 1 $50,000.00 17 $549,738.50

Sept 25 $219,754.32 1 $9,000.00 26 $228,754.32

Oct 1 $250,000.00 14 $97,342.47 1 $2,090,000.00 5 $65,174.00 2 $36,000.00 1 1,383,721.00 24 $3,922,237.47

Nov 1 $300,000.00 8 $32,600.00 1 $57,800.00 10 $390,400.00

Dec

TOTALS 10 $2,724,748.44 0 $0.00 0 0 162 $1,943,621.73 1 $2,090,000.00 34 $766,669.00 0 $0.00 3 $86,000.00 1 $1,383,721.00 5 $576,213.55 1 $5,000.00 217 $9,575,973.72

0

0 1

0 0

0 0

0 0

2017 BUILDING PERMITS BY CATEGORY

New InstitutionalInstitutional Alterations OtherResidential Alterations TOTALSNew Commercial

Commercial Alterations

New Industrial

Foundation Only

Building Move

Demolition

Industrial AlterationsSingle Family Duplexes

Multi Family

"Other" Permits issued Year to Date

Wood Stove Inspection

"Other" permits issued in November 2017 Notes:

Excavations

Demolition

Foundation Only

Building Move

Excavations

15

16

17

18

19

20

21

22

23

24

25

26

TRANSPORTATION & CIVIC WORKS

COMMITTEE MEETING MINUTES

Minutes of the Transportation and Civic Works Committee meeting held on Tuesday, December 12, 2017 at 9:00 am in the T & CW Meeting Room, 4500 Minto Road, Castlegar, BC. MEMBERS PRESENT: Councilor Florio Vassilakakis, Chair

Councilor Dan Rye, Deputy Chair (via facetime) MEMBERS ABSENT: None STAFF PRESENT: Chris Barlow, CAO

Lucas Pitts, Dir. of TCW Garry Sauer, Operations Mgr. Stacy Donald, TCW Assistant

CALL TO ORDER: Councilor Vassilakakis called the meeting to order at 9:05 am AGENDA: The agenda was adopted as presented. NEW BUSINESS: 1. Civic Works Operations Update

Civic Works crews are busy with snow plowing, winter operations, training new SLEOs, Xmas Train prep (Dec 12th), tree trimming, turning compost, building winter blade rack, cemetery work, storm main line flushing, ICI completing final migration of old to new SCADA system this week, residential water meter investigations/installations (including returning all dead water meters/MXUs for credit), installing barricade in front of Brandt Tractor hydrant to protect it from further damage, 8th & 8th LS repaired, replacing fire hydrants and general maintenance. W&S Maintenance crew is short staffed so will be supporting water meter installation program.

2. Water/Sewer Rates Update

A Report to Council will be brought forward to Council at the December 18, 2017 Regular Council Meeting outlining the revised Water & Sewer Rates bylaws for Council consideration.

3. Columbia Avenue Redevelopment Update

The City has issued a Request for Statement of Qualifications to interested contractors for this project which closes on December 22, 2017. The tender for this project is scheduled to be issued early 2018.

4. Good Samaritan Award

The City did not receive any eligible nominations for this award for 2017. The award will be re-advertised in the spring of 2018.

5. Solid Waste Collection Re-Routing

The solid waste collection information for 2018 will be advertised in the local media, the City’s website and social media page by the end of this year once the updated collection information is received from the collection contractor.

27

Minutes of the Transportation & Civic Works Committee Meeting held December 12, 2017 Page 2 of 2

Meeting adjourned at 10:30 am CERTIFIED CORRECT: ________________________________________ Councilor Florio Vassilakakis, Chair RECORDED BY: ________________________________________ Chris Barlow, CAO

Reviewed by: Director of Corporate Services

Recycle BC’s contractor, Zion Trucking, has closed its’ depot and ended collection of glass, foam and plastic bags/wrap. The City will send a letter to Recycle BC requesting that a new depot be opened up as soon as possible.

6. Snow Buster Award

The City will be advertising this award in the local media, the City’s website and social media page in January, 2018.

7. Upcoming Events

Upcoming Events: 1) Snowbuster Award – Closes March 16, 2018

28

REPORT TO COUNCIL DATE: December 15, 2017 REPORT NO.: 17-182 SUBMITTED BY: Chris Barlow, CAO FILE NO.: 5600-30 Lois Hunter, DDoF SUBJECT: 2018 Water & Sewer Rates Bylaws RECOMMENDATION:

1. THAT Council proceed with required readings of Bylaw 1259, 2018 Water Regulation Rates Bylaw and further

2. THAT Council proceed with required readings of Bylaw 1260, 2018 Sewer Regulation Rates Bylaw

BACKGROUND: For many years, the City of Castlegar has been moving towards implementing a user pay rate structure within the City. Meters have been installed in almost all of the residential properties and some commercial properties have installed their own meter. The City recognized there are cross class and internal class subsidies. The new rate structure is aimed to corrected these subsidies and to be fair and equitable. Based upon industry best practices and the public open house in 2016, the following guiding principles for a new rate structure were identified:

• Be easy to understand for customers and staff; • Be equitable (e.g. user pay); • Promote wise water use; • Be applied in a consistent way; • Be sufficient to cover cost for maintenance, operations and future

upgrades. Following the identification of the guiding principles and research of best practices and public preference, the City has worked with Urban Systems to develop a new rate structure specific to Castlegar. The proposed rate structure was presented to Council at the October 2 regular meeting and a public feedback period followed. The feedback

29

Report re: 2018 Water & Sewer Rates Bylaw

Page 2 of 13

from the November 2 open house and the submitted feedback forms (online and paper) were reviewed and considered. The main feedback points and potential adjustment options to the proposed rates were presented to Council at the December 4th regular meeting. Council considered these options and directed staff to prepare a bylaw based upon on the following motion:

Moved and seconded, that Council direct staff to draft a 2018 Water Rate Bylaw for Council consideration, implementing the water rates proposal as per report number 17-137 and incorporating the following changes included in report 17-175: OPTION 1 – Summer Transition 100 Cubic Metres Cap OPTION 4 (b) – Increase Non-Metered Single Family Dwelling to 50% Year 1, 25% Year 2, 25% Year 3 OPTION 5 – Irrigation Meters Only Charged Multi-Family Water Consumption OPTION 9 (a) – ICI Water Service Connection Size Charge OPTION 9 (b) – Reduce the ICI Water Flat Fee; Moved and seconded, that the main motion be amended to include Option 3 – Year Round Low User Single Family Dwelling Rebate in report 17-175 and that staff bring back a water rate bylaw for Council consideration that includes a low user threshold and the rationale.

Original Option 3 Proposal – Year Round Low User Single Family Dwelling Rebate

The proposed option 3 was:

To reward lower year round users, a rebate system could be implemented. User who do not exceed 360 cubic metres in the calendar year, could receive a $50 credit rebate on their utility account in quarter one of the following year. Approximately 1200 single family dwelling residents could receive the rebate, meaning revenue could be reduced by $60 thousand. The lost revenue could be recovered by increasing the metered single family dwelling water flat rate to $382. This would mean lower users would pay $332 annually ($382 water flat fee less receive a $50 rebate), compared to the proposed $360. This would not provide a true $50 rebate for low users, and potentially give a rebate to a number of snowbird homes or empty homes.

Staff did not recommend this option as;

• the revenue to the water fund is reduced • an administrative burden to manually credit approximately 1200 accounts • the administrative burden to field questions or call from those customers who

missed the threshold by a narrow margin • low users are already saving on todays rates.

30

Report re: 2018 Water & Sewer Rates Bylaw

Page 3 of 13

As Council expressed an interest in the rebate option, but did not wish to proceed to the presented version, below are alternative options: Alternative Options Alternative options are;

1. Not to proceed with option 3 2. Implement option 3 for a limited time period 3. Reduce the cubic metre threshold in option 3 4. Change the criteria to number of users rather than cubic metres 5. Change the eligibility to top 100 conservers

Alternative Option 1 – Not to Proceed with Option 3 The presented rate structure already provides financial reward to year round low users.

For example;

A user using 240 cubic meters for the year (20 cubic metres per month) pays the following rate under the new structure as compared to the existing flat rate structure. Current Flat Rate Water and Sewer = $760.20 Proposed Bill without including low user rebate = $739.20 Annual Savings without the low user rebate = $21.00

Another example;

A user using 180 cubic meters for the year (15 cubic metres per month) pays the following rate under the new structure as compared to the existing flat rate structure. Current Flat Rate Water and Sewer = $760.20 Proposed Bill without including low user rebate = $716.40 Annual Savings without the low user rebate = $43.80

See Appendix One of this report for more detail and examples. The presented rebate option was to address public concerns regarding year round low users. The low users felt they would be paying for 30 cubic metres each month and they would not use this volume. These users would already be receiving a financial benefit as they would be paying less than the current rate structure. Additionally, to provide a rebate to customers who use less than 360 cubic metres would not directly target these users. Appendix Two and Three of this report demonstrated two different users consuming 360 cubic metres, but in very different ways. Appendix Three demonstrates how a consume could receive the rebate, but has high summer use. Providing this user a rebate goes against the guiding principle to reduce peak summer demand.

31

Report re: 2018 Water & Sewer Rates Bylaw

Page 4 of 13

The lost revenue from providing a rebate would have to be recovered by all the single family dwelling residents (increase to many to benefit a few). In Appendix One of this report, is a chart of the original charges as per the original proposal, the original financial benefit the users would see compared to the 2017 rates, the estimated number of customer in each category and the potential revised proposed water flat fee after providing a rebate. For example;

It is estimated, there are 50 customer using less than 60 cubic metres in a 12-month period. Assuming their consumption is evenly used through the year, they would be consumption 5 cubic metres per month. As per the original proposal, they would save $89.40 from the 2017 rates. To recovery the lost revenue, the water flat fee for all single family dwelling would have to increased to $361.00 (from $360.00). The lower user would see a total saving of $138.40 from 2017 rates after receiving the $50 rebate.

Alternative Option 2 - Implement option 3 for a limited time period As the high users are proposed to receive an extra year to adjust to the new rate structure (Option 1 – Summer Transition 100 Cubic Metre Cap), the lower users could receive a bonus (the lower user rebate) for a limited period too. The time limit could mirror option 1-time limit (year 1 only), or it could be implemented up to a maximum of three years. The disadvantage to this option is the lower users would see a rate reduction now and an increase later. This may send the incorrect message about water consumption and blur the link between user pay. For example, “I am using the same amount of water, but I am paying more as I have lost the rebate”. All the non eligible single family dwellings would see a rate increase to recover the lost revenue from the rebate and then see a rate reduction. This fluctuation in rates does not provide a stable, consistent or easy to understand rate structure. Alternative Option 3 - Reduce the cubic metre threshold The threshold to qualify for the lower user rebate could be reduced, meaning less users are eligible for the rebate, less revenue needs to be recovered for the single family dwelling water flat rate and the administration burden is reduced. Assuming the consumption is the same each month (as it assumed low users do not have much outdoor consumption), the threshold and estimates are:

32

Report re: 2018 Water & Sewer Rates Bylaw

Page 5 of 13

Consumption Per Month

Annual Consumption

Customer Count

Estimate Lost

Revenue 5 60 50 $2,500

10 120 210 $10,500 15 180 430 $21,500 20 240 690 $34,500 25 300 960 $48,000 30 360 1210 $60,500

Meaning:

If the threshold was lowered to 180 cubic metres in a 12 months, an estimated 430 customers would qualify for a $50 rebate, resulting in $21,500 lost revenue needing to be recovered. Or If the threshold was 240 cubic metres in a 12 months, an estimated 690 customers would qualify for a $50 rebate, resulting in $34,500 lost revenue needing to be recovered.

See Appendix One for more details and examples. Alternative Option 4 - Change the eligibility to number of users rather than cubic metres The eligibility criteria could be changed from number of cubic metres to number of users, such as the lowest 200 users. For example:

The 200th lowest user are estimated to use less than 120 cubic metres per year (10 cubic metres per month). Assuming the consumption is the same each month (as it assumed low users do not have much outdoor consumption): Current Flat Rate Water and Sewer = $760.20 Proposed Bill without including low user rebate = $693.60 Annual Savings without the low user rebate = $66.60

See Appendix One for more details and examples. Alternative Option 5 - Change the eligibility to top 100 conservers The lowest user rebate could be changed to top 100 conservers. This would mean the user who has reduced their consumption by the highest percentage would qualify for

33

Report re: 2018 Water & Sewer Rates Bylaw

Page 6 of 13

the rebate. The number of eligible customers for this rebate would remain at 100, but the users would most likely change from year to year. This would change the design of the rebate and would most likely reward the high consumption users. The advantage to this option is all users are incentivised to conserve. The disadvantage is the low users could not be able to compete with the higher users in the early years due to the larger ability for high users to change their habits. The lower users would most likely not support this option as the high users are already receiving an additional year to adjust with the 100 cubic metre consumption cap. STAFF RECOMMENDATION Staff recommend Alternative Option 1 – Not to Proceed with Option 3 Year Round Low User Single Family Dwelling Rebate. At this time, a rebate option has not been included in the Bylaw 1259. If Council wish to include another alternative option, the following amending motion is required: “That Council amend the proposed Bylaw 1259 to include a $50 rebate for single family dwelling accounts as per alternative option _______ of report 17-182. The rebate will be effective for years ________(i.e. 2018, 2019, 2020)

34

Report re: 2018 Water & Sewer Rates Bylaw

Page 7 of 13

ADDITIONAL INFORMATION

During the review of the proposed rates, it was also recommended that Staff include pressure reducing training and education to the water ambassador’s mandate to help resident’s conserve water within their homes and properties. This will be included in 2018.

It was requested that a summary of the option included in the bylaw be provided and the cost implications of each. A summary can be seen below:

Table 1.

Option Options Description Revenue Impact

Rate Adjustment to Address

Revenue Impact

Option 1 Summer Transition 100 Cubic Metres Cap

$25-70 thousand lost

revenue

N/A as the option is for only one year

Option 4 (b) Increase Non-Metered Single Family Dwelling to 50% Year 1, 25% Year 2, 25% Year 3

$8.7 thousand additional revenue

Option 5 Sewer consumption should not be charged for common ground irrigation systems

Unknown

Option 9 (a) ICI Water Service Connection Size Charge

$12.2 thousand additional

revenue year 2 & 3

Option 9 (b) Reduce the ICI Water Flat Fee

$12.2 thousand lost revenue year 2 & 3

ICI Water reduced to $212 in year 2 &

3

35

Report re: 2018 Water & Sewer Rates Bylaw

Page 8 of 13

It was requested that staff provide the current consumption values for all classes in comparison to the revenue anticipated achieved. Those figures are provided below.

Class

% of Billable Water

Consumption

2018 % Water

Revenue Split

2019 % Water

Revenue Split

2020 % Water

Revenue Split

Single family Dwelling 75% 75% 73% 72% Multi Family 7% 9% 10% 11%

Industrial, Commercial & Institutional 18% 16% 16% 17%

The above consumption percentages are based upon actual consumption for metered accounts and estimated consumption for all properties without meters. The revenue percentages are based upon all accounts being charged the metered rates and the estimated consumption. The industrial, commercial and institutional revenue percentages include water flat rates multiplied by an equivalent connection factor, as outlined in report 17-175, option 10 ICI Service Size Connection. This means the above percentages are the target. As more customers move over to a meter, the closer to the target we become. As consumer based rates drive conservation measures, more meters are installed and more meter information is collected, the data will be more refined and the percentages can be redrafted, which will drive the rates in the future. It needs to be noted, the above data is not directly comparable. The water consumption cannot be directly compared to the revenue collection. If the cost to deliver the service to each class was the same, the data would be comparable. The differing cost to deliver the service to the different classes make the data not directly comparable. For example, the multi-family costs to deliver the service to the multi-family is more expensive per unit compared to a single family dwelling. The additional fire flows and sustainment requirements for most multi-family means their connection size is more likely to be larger, meaning the infrastructure required to deliver the service has to be up scaled.

36

Report re: 2018 Water & Sewer Rates Bylaw

Page 9 of 13

NEXT STEPS The creation of the proposed rates and subsequent iterations has considered an immense amount of factors. It is recommended that the 2018 water and sewer bylaw rates be set now and revisited at the end of 2018 for review to ensure the anticipated conservation targets and revenues are in line with expectations. ALTERNATIVES The bylaw proposed could include the low user rebate or not. IMPLICATIONS (1) Social To help residents understand their water consumption

habits, the City has provided residents with quarterly bills that include their consumption and the average consumption. In addition, the water ambassador has sent targeted letters to above average water use homes. The options included in the report provide users in all classes time and tools to adjust to the new rate structure.

(2) Environmental The reduction of treated water positively affects the environment by using less fresh water, treatment chemicals and electricity for pumping and UV treatment. Additionally, a Universal Metering Program allows for quick recognition of private side leaks and helps in determining City leaks.

(3) Personnel Water meters are currently being read monthly. Water and sewer billing is now done quarterly which has added workload. It is also anticipated that the new rate structure will generate an initial surge of questions and complaints to the Finance Department. It should be budgeted to provide resources for the increased enquiries.

(4) Financial It is anticipated that the water & sewer rates for metered accounts would remain set for the next three years, this would be evaluated at the end of each year to ensure the financial model is accurate. Unmetered accounts would adjust annually as noted in the report.

POLICY IMPLICATIONS The City’s Total Water Management Plan identified Universal Metering as the most important step in water conservation. In addition, the City’s OCP states that the City shall “Continue to implement universal water metering as a method to address unnecessary water use and continue to support water conservation.”

37

38

APPENDIX ONE – ORIGINAL PROPOSAL CHARGES Based upon the original proposal, and assuming the consumption is the same each month (as it assumed low users do not have outdoor consumption), the original proposed rate structure the rates and customer estimates are:

Consumption Per Month

Annual Consumption

Water Flat Fee

Water Consumption

Charge Sewer

Flat Fee

Sewer Consumption

Charge

Total Original

Proposed Cost

2017 Water &

Sewer Fees

Total Original

Proposed (Saving) / Increase

Estimated Eligible

Customer Count

Potential Revised

Proposed Water

Flat Fee

Lower User Total

Savings with

Rebate

5 60 $360.00 $ - $288.00 $22.80 $ 670.80 $760.20 $(89.40) 50 $361.00 ($138.40) 10 120 $360.00 $ - $288.00 $45.60 $ 693.60 $760.20 $(66.60) 210 $364.00 ($112.60) 15 180 $360.00 $ - $288.00 $68.40 $ 716.40 $760.20 $(43.80) 430 $368.00 ($85.80) 20 240 $360.00 $ - $288.00 $91.20 $ 739.20 $760.20 $(21.00) 690 $373.00 ($58.00) 25 300 $360.00 $ - $288.00 $114.00 $ 762.00 $760.20 $ 1.80 960 $378.00 ($30.20) 30 360 $360.00 $ - $288.00 $136.80 $ 784.80 $760.20 $24.60 1210 $382.00 ($3.40)

Meaning:

A. It is estimated, there are 430 customer using less than 180 cubic metres in a 12-month period. Assuming their consumption is evenly used through the year, they would be consumption 15 cubic metres per month. As per the original proposal, they would save $43.80 from the 2017 rates. To recovery the lost revenue, the water flat fee for all single family dwelling would have to increased to $368.00 (from $360.00). The lower user would see a total saving of $85.80 from 2017 rates after receiving the $50 rebate.

B. It is estimated, there are 690 customer using less than 240 cubic metres in a 12-month period. Assuming their consumption is evenly used through the year, they would be consumption 20 cubic metres per month. As per the original proposal, they would save $21.00 from the 2017 rates. To recovery the lost revenue, the water flat fee for all single family dwelling would have to increased to $373.00 (from $360.00). The lower user would see a total saving of $58.00 from 2017 rates after receiving the $50 rebate.

39

APPENDIX TWO – EXAMPLE 360 CUBIC METRES CONSUMPTION

Month Season Consumption

Chargeable Water Consumption (Consumption over 30)

Water Consumption Charge ($0.68 for excess over 30 cubic meters)

Chargeable Sewer Consumption (Capped at 30 in the Summer)

Sewer Consumption Month ($0.38 per cubic metre and capped at 30 cubic meters in summer)

January Winter 30 0 $0.00 30 $11.40

February Winter 30 0 $0.00 30 $11.40

March Winter 30 0 $0.00 30 $11.40

April Winter 30 0 $0.00 30 $11.40

May Summer 30 0 $0.00 30 $11.40

June Summer 30 0 $0.00 30 $11.40

July Summer 30 0 $0.00 30 $11.40

August Summer 30 0 $0.00 30 $11.40

September Summer 30 0 $0.00 30 $11.40

October Winter 30 0 $0.00 30 $11.40

November Winter 30 0 $0.00 30 $11.40

December Winter 30 0 $0.00 30 $11.40

Total Consumption Charge 360 $0.00 $136.80

Proposed Flat Fee $360.00 $288.00

Proposed New Utility Charge (a) $784.80

Compared to 2017 Flat Fee (b) $419.24 $340.96 $760.20

Increase/ (Decrease) (a) minus (b) Green means a Utility Charge decrease, Red means an Utility Charge increase

$24.60

Rebate ($50.00)

Revised Water Flat Fee Increase $22.00

Annual Saving ($3.40)

40

Report re: 2018 Water & Sewer Rates Bylaw

Page 13 of 13

APPENDIX THREE – EXAMPLE 360 CUBIC METRES CONSUMPTION

Month Season Consumption

Chargeable Water Consumption (Consumption over 30)

Water Consumption Charge ($0.68 for excess over 30 cubic meters)

Chargeable Sewer Consumption (Capped at 30 in the Summer)

Sewer Consumption Month ($0.38 per cubic metre and capped at 30 cubic meters in summer)

January Winter 13 0 $0.00 13 $4.94

February Winter 11 0 $0.00 11 $4.18

March Winter 13 0 $0.00 13 $4.94

April Winter 12 0 $0.00 12 $4.56

May Summer 41 11 $7.48 30 $11.40

June Summer 25 0 $0.00 25 $9.50

July Summer 105 75 $51.00 30 $11.40

August Summer 70 40 $27.20 30 $11.40

September Summer 29 0 $0.00 29 $11.02

October Winter 18 0 $0.00 18 $6.84

November Winter 12 0 $0.00 12 $4.56

December Winter 11 0 $0.00 11 $4.18

Total Consumption Charge 360 $85.68 $88.92

Proposed Flat Fee $360.00 $288.00

Proposed New Utility Charge (a) $822.60

Compared to 2017 Flat Fee (b) $419.24 $340.96 $760.20

Increase/ (Decrease) (a) minus (b) Green means a Utility Charge decrease, Red means an Utility Charge increase

$62.40

41

FILE: _!_ ) ) O, ) tJ _ \10. __

TO: n Ji, C ~ A~.q~fr

DATE: llEC 05 201'/

RECEIVED t.:ITY OF CASTLEGAA

42

Happy holidays from the British Columbia Federation of Students!

We look forward to working w ith you in the coming year towards reducing student debt

and creating a post-secondary education system that is access ib le to all.

Simka Marshall

Chairperson

,~ Executive Officer

fhioebe Lo Patigdas

Secretary-Treasurer

~~ Researcher

43

THE CORPORATION OF THE CITY OF CASTLEGAR

BYLAW NO. 1259, 2018

BEING A BYLAW TO REGULATE THE WATERWORKS SYSTEM IN THE CITY OF CASTLEGAR

________________________________________________________________________

Table of Contents Page No. Part 1 Citation 1

Part 2 Interpretation 2

Part 3 Establishment of Water Service 5

Part 4 Operation of Water Service 8

Part 5 Water Meters 10

Part 6 Water Quality Protection 13

Part 7 Rates and Charges 14

Part 8 Responsibilities of the Persons Using Service 15

Part 9 Enforcement and Penalties 17

Part 10 General 18

Part 11 Severability 18

Part 12 Effective Date 18

Schedule “A” Waterworks System Connection Permit and Agreement 19

Schedule “B” Connection to Waterworks System Charges 21

Schedule “C” Disconnection to Waterworks System Charges 23 Schedule “D” Turn On/Off to Waterworks System Charges 24

Schedule “E” Exemption Charges 25

Schedule “F” Metered User Rates Charges 26

Schedule “G” Unmetered User Rates Charges 27

Schedule “H” Water Restrictions 29

Schedule “I” Water Use Exemption Permit 31

44

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 2 of 31

THE CORPORATION OF THE CITY OF CASTLEGAR Waterworks Regulations and Rates Bylaw No. 1259, 2018

WHEREAS the Local Government Act, R.S.B.C. 1996, Chapter 323, the Community Charter, S.B.C. 2003, Chapter 26 and all other applicable legislation provide that Council may by bylaw, establish a municipal water service within the jurisdiction of the City of Castlegar;

AND WHEREAS the Council of the City deems it appropriate to repeal and replace Waterworks Regulations and Rates Bylaw No. 703 (and all amendments thereto) in its entirety;

NOW THEREFORE, the Council of the City of Castlegar in an open meeting assembled enacts as follows:

PART 1: CITATION

1.1 This Bylaw may be cited as “The Corporation of the City of Castlegar Waterworks Regulatory and Rates Bylaw No. 1259, 2018”.

PART 2: INTERPRETATION

2.1 Definitions

In this Bylaw, the following terms have the following meanings:

(a) "Backflow" means the flow of water or other substances back in to anyplumbing system connected to the Waterworks System;

(b) "Building Code" means the means the Provincial building code and otherregulations enacted to regulate buildings;

(c) “Building Connection” means the water pipe extending from the property lineof the property concerned to the building situated thereon;

(d) "Business Day" means a day other than Saturday, Sunday or a statutoryholiday in the Province of British Columbia;

(e) “Bylaw Enforcement Officer” means:i. Bylaw Enforcement Officers appointed pursuant to the Police Act and

Community Charter; andii. a person appointed by Council as a licensing inspector, building inspector

or animal control officer;

45

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 3 of 31

(f) “Bylaw Notice” means a ticket issued under the City of Castlegar Municipal Ticket Information Bylaw;

(g) "City" and "City of Castlegar" means The Corporation of the City of Castlegar;

(h) “Collector” mean the person appointed from time to time by the Council as Collector;

(i) “Common Ground Irrigation Meters” mean meters which are verified by the City as meters which are for irrigation purposes only;

(j) "Contaminant" means any substance or matter in water which may render the water unfit for human consumption in accordance with guidelines and regulations of the Province of British Columbia;

(k) "Consumer" means any person, company or corporation who is the Owner or agent for the Owner of any premises to which water is supplied or made available from the Waterworks System, any person who is the occupier of such premises or any person who is actually using water supplied to such premises;

(l) "Council" means the duly elected Council for the Corporation of the City of Castlegar;

(m) "Cross Connection" means any device or connection to which the Waterworks System is connected, directly or indirectly, which may result in Backflow or Contaminants entering into any plumbing connection to the Waterworks System including bypass arrangements, jumper connections, removable sections, swivel or changeover devices, or any other temporary or permanent connecting mechanism;

(n) "Curb Stop" means the City-owned shut-off valve on a Service Connection, with or without a protective housing to the ground surface, located on a City roadway or statutory right of way or within an easement at or near the Property being serviced by Waterworks System;

(o) "Director of Civic Works" means the person appointed to the positon of Director of Transportation and Civic Works by the Council of the City and any person delegated to assist him in carrying out his duties under this Bylaw;

(p) "Fire Hydrant" means a device equipped with special threaded connections installed by the City within a roadway highway, statutory right of way, easement or on City property and connected to a Water Main to supply water for fire protection purposes;

(q) “Fire Protection” means all aspects of fire safety, prevention, firefighting, planning, training, suppression, investigation and the protection of life and

46

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 4 of 31

property including, but not limited to, rescue operations and administering first aid;

(r) "Fire Protection Use" means the use of the Waterworks System exclusively for the purposes of providing a standby water service for fire protection;

i. "Fire Service" means any connection, pipe or device using water from the Waterworks System only for Fire Protection Use;

(s) "Hydrant Use Permit" means a permit issued for use of a Fire Hydrant for purposes other than fire protection and suppression;

(t) “Industrial, Commercial and Institutional (ICI)” shall mean all other units which do no fall into the Single Family Dwelling and Multi-Family Unit definitions;

(u) "Metered Service" means a service having attached thereto a Water Meter or other measuring device for determining the quantity of water used by such service;

(v) “Multi-Family Unit (MF)” means a self-containing living unit that is in a figuration of four units or more within a building;

(w) “Owner” means the registered Owner of Property;

(x) "Private Service" means pipes and other appurtenances on private property not installed or owned by the City and used to convey water from the Waterworks System to the private Property;

(y) "Property" means any lot, block, or other area in which lands situated in the City of Castlegar are subdivided;

(z) "Rate" means the sum of money to be paid by a Customer for the quantity of water supplied or made available by the Waterworks System;

(aa) "Regular Working Hours" means the time from 7:00 am to 2:45 pm on each and every day that is a Business Day;

(bb) “Secondary Suite” shall mean a second Single Family Dwelling (self-contained living quarters including cooking equipment and a bathroom), located within the structure of an owner-occupied single family dwelling;

(cc) "Service Connection" means the City-owned connecting pipe from the Waterworks System to the boundary of private Property, and includes all related pipes, Curb Stop, valves and other appurtenances;

(dd) "Service" means and includes the supply of water from the Waterworks System to any Consumer and includes all pipes, taps, valves, fittings, connections,

47

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 5 of 31

meters and other appurtenances and things necessary to or actually used for the purpose of such supply;

(ee) “Single Family Dwelling (SFD)” means a single residential dwelling unit, including duplexes and triplexes;

(ff) "Water Main" means the City-owned pipe including valves, fittings and other appurtenances other than a Service Connection, situated adjacent to or nearby Property being serviced by the Waterworks System;

(gg) "Water Meter" means a device used to measure and indicate the volume of water passing through the device and includes all associated remote reading accessories that meet City specifications;

(hh) "Water Meter Pit" means a chamber constructed underground, which is used to install a Water Meter;

(ii) "Water Meter Setting" means the plumbing, including pipes, strainers, valves and couplers that comprise the exact opening in to which a Water Meter can be installed; and

(jj) "Waterworks System" means the entire network of pipes, pumps, water treatment facilities, reservoirs, valves, hydrants and all other appurtenances or facilities that make up the City's waterworks and distribution system.

2.2 Number and Gender

Wherever the singular or masculine is used in the Bylaw the name shall be deemed to include the plural or the feminine or the body politic or corporate, and also their respective heirs, executors, administrators, successors and assigns.

PART 3: ESTABLISHMENT OF WATER SERVICE

Operation of the City Waterworks System

3.1 To the extent that the City has not already established the service of water supply, the City hereby establishes the service of supplying water to the City through the Waterworks System and operating, constructing, maintaining and regulating the Waterworks System.

3.2 The Director of Civic Works is authorized to administer and oversee the day-to- day operations of the Waterworks System and to administer and enforce this bylaw.

48

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 6 of 31

Application for Service Connection

3.3 A property Owner must make application to the City to install a Service Connection to the Waterworks System and shall be made on the form contained in Schedule “A” of this Bylaw. Each application shall contain the applicant's provision of the following:

(a) a full and correct statement of the size and description of the premises, the purpose for which water is required and all other pertinent information that the City may require to determine the rates chargeable or the amount of water to be supplied;

(b) an agreement to pay the City for all water supplied at such rates as may be from time to time in force;

(c) a covenant that the applicant will protect and save harmless the City from all claims, demands, costs and charges of whatsoever kind, arising out of or in any manner connected to the applicant's use of the Waterworks System for the supply of water;

(d) a covenant that the applicant will comply with all requirements of this Bylaw; and

(e) a confirmation that a building permit or a plumbing permit has been obtained from the City;

(f) Applications for a water service submitted by other than the registered property owner must be accompanied by a letter of consent or authorization from the registered or legal property owner.

3.4 At the time of making the application referred to in section 3.3, the Property owner shall pay the connection fee, as set out in Schedule “B” of this Bylaw.

3.5 After completion of the installation of the Service Connection, the actual cost of the installation shall be determined by the Director of Civic Works and any variation of more than 10% or $500.00, whichever is greater, from the fee paid under section 3.4 shall be refunded by or become payable to the City, as the case may be.

3.6 No person shall connect or attempt to connect, or allow to be connected, or allow to remain connected to the Waterworks System any Property or premises otherwise than in accordance with the provisions of this Bylaw.

Construction of Service Connection

3.7 After a Property owner's application for a Service Connection has been approved by the Director of Civic Works, confirmation that a building permit or a plumbing permit has been obtained from the City, and payment of the installation fee has been

49

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 7 of 31

received by the City, the City shall, in the case of an application for water Service to a premises that abuts a roadway in which a Water Main is located, install the Service Connection to the Property line.

3.8 In the case of an application for water service to a premises that does not abut a roadway in which a Water Main is located, the applicant must pay the actual cost for the installation of a Service Connection to the Waterworks Systems, as determined by the Director of Civic Works, and the applicant must, prior to such connection, pay a deposit in an amount equal to the estimate for Service Connection and installation of a Water Meter, with any balance owing to be paid by the applicant upon completion of the connection and installation works.

3.9 A connection to the Waterworks System will not be made until all required connection charges and any other related costs have been paid in full.

3.10 No person shall construct a Service Connection other than an employee of the City, unless the written consent of the Director of Civic Works is first obtained.

3.11 No Service Connection shall be permitted to any premises supplied with water from any other source without the prior written consent of the Director of Civic Works.

3.12 Each Property shall have no more than one Service Connection including all of the land shown on a strata plan. A Property owner may make application for more than one Service Connection to the Director of Civic Works and must pay the application fee in the amount set out in this Bylaw.

3.13 Where possible the Service Connection will be located at the location requested by the applicant. In the event the applicant's preferred location is not practicable due to the existence of installed surface improvements or is in conflict with installed underground utilities, the Director of Civic Works may designate an alternate location of the Service Connection.

Construction of Private Service

3.14 No person shall connect to a Service Connection or any part of the Waterworks Systems for any purpose whatsoever without prior written consent of the Director of Civic Works.

3.15 A Property owner is responsible, at their sole cost and expense, for the installation of a Private Service.

3.16 Private Service pipes shall be laid at a depth of not less than 4 feet/1.22 meters below the ground surface, or such greater depth as may be determined by the Director of Civic Works, and must be laid in a manner to protect against frost.

50

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 8 of 31

3.17 Private Service pipes that cross under or near excavations must be properly protected from settlement.

3.18 Each Private Service pipe shall be installed with a shut off valve and waste tap, approved for use by the City, located within the premises on the Property that is to be serviced by the Waterworks System.

3.19 Each Private Service providing service to a residential or commercial building containing more than one cold water tap service and used by one or more persons that is serviced by a Water Main with a static pressure of 60 pounds per square inch or greater shall be installed with a pressure relief valve approved for use by the Director of Civic Works.

3.20 All plumbing installations connecting the Waterworks System to premises on the Property to be serviced by the Waterworks System shall be installed in accordance with the BC Plumbing Code, as may be amended from time to time.

PART 4: OPERATION OF WATER SERVICE

Maintenance of Private Service

4.1 Every Property owner shall keep maintained, at the Property owner's sole expense, the Private Service and all pipes, shut-off valves and other fixtures on the Property in good working order and repair. In the event any leakage, defect or imperfections in the Service Connection or Private Service are observed or known to a Consumer, the Consumer shall immediately notify the City. If the defect is determined to be located in the Private Service, the City shall notify the Property owner and the Property owner shall, within 48 hours of receiving such notice, effect repairs to the Private Service.

4.2 In the event the Property owner refuses or neglects to carry out repairs within the specified time, the City may cause to have repair work performed at the expense of the Property owner, and the City shall charge the Property owner the cost thereof.

Access to Curb Stop

4.3 The Property owner shall, at all times, maintain the Curb Stop in an accessible condition and where the Curb Stop has not been made accessible, the costs for access shall be borne by the Property owner.

Turn On and Shut Off of Service

4.4 A Property owner may apply to the City to have the supply of water from the Service turned on or shut off. Applications for turning on or shutting off the Service shall be made in writing in a form prescribed by the City and not less than 24 hours before the turn on or shut off is required.

51

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 9 of 31

4.5 Every Property owner must, prior to commencing any demolition work on Property

that is serviced by the Service, apply to the Director of Civic Works for discontinuance of the Service and pay the fees set out in Schedule “C” of this Bylaw.

Charges for Turn On or Shut Off of Service

4.6 A Property owner making an application to have the Service turned on or shut off during Regular Working Hours shall pay the charges set out in Schedule “D” of this Bylaw for each turn on or shut off of the Service performed during Regular Working Hours.

4.7 A Property owner making an application to have the Service turned on or shut off outside of Regular Working Hours shall pay the applicable charges set out in Schedule “D” of this Bylaw for each turn on or shut off of the Service performed outside Regular Working Hours.

4.8 Application for disconnection of a water connection shall be made to the City and shall be made on the form contained in Schedule “A” of this Bylaw and shall be accompanied by the proper fee as specified in schedules “C” of this Bylaw. Until such application has been submitted, water rates may be charges as prescribed by this Bylaw.

Service Shut Off by City

4.9 The Director of Civic Works may shut off the Service to any Property for any of the following reasons:

(a) application made for turning off the Service;

(b) maintaining, repairing, renovating, replacing, disinfecting or otherwise operating the Waterworks System;

(c) non-payment of water Rates and charges;

(d) the period of time for the Temporary Use has expired;

(e) an emergency threatens the safety of the Waterworks System or the public;

(f) where the condition of the Private Service is causing a wastage of water or creating a risk of public safety or Property damage;

(g) noncompliance with any provision of this Bylaw.

52

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 10 of 31

Notice for Water Service Shut Off

4.10 Where the Service is to be shut off for reason of non-compliance with any provision of this Bylaw, the person affected will have an opportunity to make representations to Council in respect of such non-compliance.

4.11 Where the Service is to be shut off for maintenance, repair, renovation, replacement, disinfection or other operation of the Waterworks System, the City will provide at least 1 Business Days’ notice for scheduled work, but no notice may be given for emergencies where public safety or Property damage is at risk.

4.12 The City may provide notice by means of posting notice on the Property, providing notice on an invoice for a Customer's account, mailing notice to the Property, mailing notice to the Property owner's last known address set out on the assessment roll or publishing notice in a local newspaper.

4.13 The City is not responsible for notice failing to reach a Property owner or other Consumer of the Service prior to the Service being shut off.

4.14 Notwithstanding any other provision of this Bylaw, no notice may be given for emergencies where public safety or Property damage is at risk.

Short Supply of Water

4.15 The City may at such times and for such length of time as the Director of Civic Works considers necessary or advisable due to water shortage, restrict or prohibit irrigation, yard and garden watering, car washing and private pool filling to reduce water usage.

4.16 Every Consumer shall comply with water restrictions imposed by the City in accordance with Schedule “H” of this Bylaw.

PART 5: WATER METERS

Requirement of Water Meters

5.1 All new residential construction and any existing non-residential property using or consuming water from the City mains or supply lines shall install and use an approved water meter.

5.2 The single-family dwelling property owner shall, through the City, obtain an approved water meter and radio read unit (MXU) free of charge up to December 31, 2017 and shall install the meter and MXU at their expense at a location on the premises as specified by the Director of Civic Works. After December 31, 2017, the water meters and radio read (MXU) shall be at the residents cost.

53

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 11 of 31

5.3 All Industrial/Commercial/Institutional property owners shall, through the City, obtain an approved water meter and radio read unit (MXU) at their expense and shall install the meter and MXU at their expense at a location on the premises as specified by the Director of Civic Works.

5.4 The charges as prescribed in Schedule “B” shall apply.

5.5 The single-family dwelling water meter and MXU shall, despite their installation in the property owner’s premises, be the property of the City.

5.6 The owner of a new residence shall be placed on the appropriate user rate as prescribed in this Bylaw after an inspection and operational check of the equipment has been confirmed by the Director of Civic Works.

5.7 Any person(s) found to have a connection upstream of the water meter will be billed at the appropriate annual flat rate until the illegal connection is certified disconnected by the Director of Civic Works.

5.8 Every meter shall be equipped with a radio read unit (MXU) installed at a location on the premises specified by the Director, to reasonably enable the Director to monitor the consumption of water through the meter, and no person shall prevent the Director from entering on premises to read a meter, perform a flow test or operate a radio read unit (MXU) connected to a meter.

5.9 In the event that a meter or radio read unit (MXU) is malfunctioning or the Director of Civic Works is unable to read a meter in any monitoring period, and at the Director’s discretion in respect of premises where water consumption is not likely to differ materially from quarter to quarter, the Director of Civic Works may estimate the consumption of water, the rates charged for the premises for that period shall be based on the Director’s estimate, and an adjustment shall be made on the Property Owner’s account when the meter is next read.

5.10 If a water meter reading cannot be obtained for three consecutive months, the City shall transfer the utility account to the appropriate flat rate.

5.11 All water meters equipped with a bypass device shall be sealed and no person shall break such seal without the written authorization of the Director of Civic Works.

5.12 No person shall interfere with, tamper with, disconnect or damage any water meter or remote keypad, nor cause or allow water being supplied by the City to bypass any meter, without the written authorization of the Director of Civic Works.

5.13 Residential water meters or MXU’s deemed to be malfunctioning by City staff, will be repaired or replaced by the City.

54

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 12 of 31

Installation of Water Meters

5.14 Every Water Meter Setting and Water Meter Pit shall be installed in accordance with the BC Plumbing Code.

5.15 No drain valve, water bypass, branch line or any other type of fixture through which water may be taken shall be located upstream of a Water Meter unless approved by the Director of Civic Works.

5.16 The Director of Civic Works may determine and specify the type and size of Water Meter for each type of Property and use, having consideration for the Director of Civic Works estimate of water consumption and other factors related to use of the Service and location and operation of the Water Meter.

Ownership and Maintenance of Water Meters

5.17 All single-family dwellings Water Meters and Water Meter Pits, remain the property of the City.

5.18 All Water Meters and MXU’s, other than single-family dwellings, are not the responsibility of the City and if require replacement or maintenance, the costs will be at the Owners expense.

5.19 The City has the authority to inspect, maintain, repair, replace and read Water Meters.

5.20 A Property owner must, at all reasonable times, provide adequate, convenient and unobstructed access to the City for inspecting, maintaining, repairing, replacing and reading the Water Meter.

Location of Water Meters

5.21 Water Meters must be located in a building as close as possible to the entrance point of the Private Service into the building and in a location where it can be easily accessed and read unless otherwise approved by the Director of Civic Works.

5.22 If a Water Meter is not located in a building, the owner of the Property must house the Water Meter in an approved Water Meter Pit in a location approved by the Director of Civic Works.

Protection and Damage to Water Meter

5.23 A Property owner must provide adequate protection for the Water Meter against freezing, heat and other severe conditions that might damage the Water Meter.

55

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 13 of 31

5.24 If a Water Meter installed on a Property is destroyed, lost or damaged in any way, the Property owner shall pay the costs of repairs to or replacement of the Water Meter.

5.25 If any breakage, stoppage or other irregularity in a Water Meter is observed by or known to a Property owner, the Property owner shall notify the City immediately.

Removal of Water Meter

5.26 No person shall remove or in any way disturb a Water Meter except under direction of the Director of Civic Works.

5.27 Upon removal of a Single-family dwelling Water Meter, the Water Meter shall be returned to the City.

PART 6: WATER QUALITY PROTECTION

Cross Connections

6.1 No person shall connect; cause to be connected or allow to remain connected any pipe, fixture, fitting, container, appliance or Cross Connection, in a manner which, under any circumstances, could cause or allow any part of the Waterworks System to become contaminated as established in the City of Castlegar Cross Connection Control Bylaw No. 1014 and amendments thereto. Hydrant Use

6.2 No person shall obstruct access to, open, interfere or tamper with any Fire Hydrant without the prior written approval of the Director of Civic Works.

6.3 Any hydrant used for purposes other than fire protection or suppression requires a Hydrant Use Permit in the form prescribed by the City for that purpose and pay any associated fee for the water use and Hydrant Use Permit.

6.4 The Director of Civic Works, in issuing a Hydrant Use Permit may impose terms and conditions regarding the use of the hydrant comprising:

(a) the location of the hydrant that may be used;

(b) the type of hydrant that may be used;

(c) the dates and times when the hydrant may be used; and

(d) precautions to be taken in connecting to and using the hydrant.

56

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 14 of 31

6.5 No person shall operate any hydrant or use water drawn from any hydrant pursuant to a Hydrant Use Permit otherwise than in accordance with the terms and conditions of the Hydrant Use Permit.

6.6 At any time the Director of Civic Works may cancel or suspend a Hydrant Use Permit issued pursuant to this Bylaw:

(a) if the Director of Civic Works considers that the use of the hydrant may result in a risk to the Waterworks System; or

(b) if the holder of the Hydrant Use Permit fails to comply with the provisions of this Bylaw or the terms and conditions of the Hydrant Use Permit.

PART 7: RATES AND CHARGES

7.1 Every owner of Property which is not billed as a Metered Service shall pay to the City the applicable flat Rate and charges, set out in Schedule “B” of this Bylaw.

7.2 Every owner of Property which has a Metered Service installed for the purpose of billing shall pay for water consumption at the rates set out in Schedule “B” of this Bylaw.

7.3 Every Owner of Property that is serviced by the Service shall pay to the City the applicable connection charge and Service fee set out in the Schedule “B” of this Bylaw.

7.4 User rates shall be invoiced quarterly for the periods ending March 31, June 30, September 30 and December 31. The quarterly charges shall be due and payable when invoiced.

7.5 The Service fee shall be subject to a late fee of five (5%) percent imposed upon the balance of the current quarter balance (or any portion thereof ) that is unpaid by the last day of each respective quarter.

7.6 Upon the discretion of the Director of Finance, the water utility fee may be adjusted as special circumstances exist.

Billing Start Date for New Connections

7.7 For all new connections, the effective date for billing charges shall be the first day in which the City’s building official has permitted occupancy to the premises.

Taxes in Arrears

7.8 All fees and charges required to be paid under this Bylaw that are not paid on or before the 31st day of December in any years shall be deemed to be taxes in

57

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 15 of 31

arrears in respect of the Property served by the Waterworks System and such sum shall be recoverable as taxes under the Community Charter (BC).

PART 8: RESPONSIBILITIES OF THE PERSONS USING SERVICE

General Prohibitions

8.1 No person shall, without a permit from the City:

(a) willingly allow the wastage of water supplied to a Property by the Waterworks System whether through imperfection or leakages in the Service Connection, plumbing fixtures or otherwise;

(b) use water for purposes other than those for which water is supplied to a Property;

(c) use water through a Fire Service for any use other than a Fire Protection Use;

(d) install or permit the use of booster pumps, quick-closing valves, siphons, standpipes, non-recirculating air conditions and refrigeration or water-cooled compressors in any building or structure connected to the Service;

(e) install or permit a pump, device or other fitting to be used for the purpose of, or having the effect of, increasing or decreasing the availability water flow in the water system.

Tampering With the Waterworks System

8.2 No person shall make any connection to the Waterworks System or in any way tamper with, operate, remove, or make any alteration to any Fire Hydrant, Water Meter, Curb Stop, valve, pumping station, reservoir, chamber or other fixture or appurtenance connected with the Waterworks System without the prior written consent of the Director of Civic Works.

8.3 Every person who breaks a seal on a Water Meter without the Director of Civic Work’s written authorization, or tampers with, disconnects or damages any Water Meter or radio read unit (MXU) shall be liable to pay the City’s actual cost of replacing or repairing the seal, meter or radio read unit (MXU), as the case may be, and in addition shall pay the City an administrative penalty of $500.00.

8.4 Connections to the service line up stream of the water meter is prohibited.

8.5 The City shall not be required to supply water to any property with the City which is supplied by other than the City water system.

58

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 16 of 31

8.6 No person being a property owner, occupant, or tenant of any premises supplied with water by the City shall sell or dispose of any water or give away or permit the same to be taken away or applied for the benefit of others, except to those person provided written authorization form the Director of Civic Works.

Liability

8.7 It is a condition of the supply of water that;

(a) In the event that the supply of water to any Customer shall fail, whether from natural causes or accident or from any other causes whatsoever, the City shall not be liable for damage by reason of such failure.

(b) The City shall not be liable for any injury or damage to any person or property arising or occurring from the use of water from the Waterworks System.

(c) The City does not guarantee that water supplied by the Waterworks System is free of any impurity that would affect a manufacturing process.

B.C. Plumbing Code

8.8 A Private Service shall be installed in accordance with the B.C. Plumbing Code and shall be constructed by and at the expense of the owner. Supply of any fittings required to join the Service Connection to the Private Service shall be the Property owner's responsibility.

Service to be Protected from Freezing

8.9 Every Customer shall keep their Private Service and other fixtures located within their Property in good order and repair and protected from freezing and damage, all at their own expense.

8.10 If, in the opinion of the Director of Civic Works, a Private Service is damaged by freezing, it shall be the sole responsibility of the Property owner to thaw the Private Service and carry out whatsoever repairs are required, at the owner's expense, to repair the Private Service. The Property owner shall be fully responsible for any damage caused by the thawing methods utilized by the owner in effecting such repairs. If the Property owner's inaction or negligent action in thawing the Private Service causes the Service Connection to become frozen, the owner shall pay the cost of thawing the Service Connection.

PART 9: ENFORCEMENT AND PENALTIES

Offence

59

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 17 of 31

9.1 A person who:

a. contravenes or fails to comply with this Bylaw; b. permits, suffers or allows any act or thing to be done in contravention of this Bylaw; c. fails to carry out an order made under this Bylaw; or d. fails or neglects to do anything required under a Permit

commits an offence and each day such an offence continues or is permitted to continue will constitute a separate offence.

9.2 On being found guilty of an offence under this Bylaw, a person will be liable to pay a fine of up to $10,000 or to imprisonment for a term not exceeding six months or to both such fine and imprisonment and in default of payment of the fine to imprisonment for a additional term not exceeding six months under the Offence Act.

Designation of Bylaw and Bylaw Enforcement Officers

9.3 This Bylaw is designated under section 264 of the Community Charter as a bylaw that may be enforced by means of the City’s Municipal Ticket Information Bylaw.

9.4 Without limiting the enforcement options under section 9.1, a person who commits an offence under this Bylaw will be liable to a penalty established under the City’s Municipal Ticket Information Bylaw.

9.5 Bylaw Enforcement Officers are designated to enforce this Bylaw by means of the City’s Municipal Ticket Information Bylaw under section 264 of the Community Charter.

9.6 No person may obstruct a Bylaw Enforcement Officer in the fulfillment of his or her

duties under this Bylaw.

PART 10: GENERAL

Severability

10.1 If any part, section, sub-section, clause or sub-clause of this Bylaw is, for any reason, held to be invalid by the decision of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Bylaw.

60

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 18 of 31

Notice

10.2 Any notice required to be given under this Bylaw shall sufficiently be given if in writing and delivered by hand or sent by prepaid registered mail at the Property owner's last known address set out on the assessment roll.

Repeal and Replacement

10.3 The Water Regulations and Rates Bylaw No. 703 and all amendments thereto are hereby repealed. Effective Date

9.3 This Bylaw comes into force and effect upon its adoption. READ A FIRST TIME this __ day of December 2017.

READ A SECOND TIME __ day of December 2017.

READ A THIRD TIME this __ day of December 2017.

ADOPTED this __ day of December 2017.

__________________________ __________________________

Mayor Director of Corporate Services

61

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 19 of 31

SCHEDULE “A” to Waterworks Regulations and Rates Bylaw No. 1259, 2018 CONNECTION TO WATERWORKS SYSTEM PERMIT AND AGREEMENT Waterworks System Connection Permit: APPLICATION FOR WATER SUPPLY AND SERVICE(S) I, _____________________ being the property owner of the premises described as:

Lot _________________Block _________________ D.L. _________________ Plan

and situated at # _________________ Street/Avenue, in the City of Castlegar, hereby

make application for the following services:

___ supply and use of water. The use or occupancy of the property or premises

supplied will be ____________________________________ (describe current or

proposed occupancy and zoning) consisting of _______ square metres of total

building floor area.

___ new water connection(s). ___ water meter purchases(s). ___ water meter inspection(s) & initial read(s). ___ water connection repairs(s), replacement(s) or adjustment(s). ___ water main extension ___ other (provide description) ___________________________________

DATED at the City of Castlegar this ______ day of _________________, 20____. ___________________________________ Date: __________________________ (Applicant Signature) Phone Number: ______________________Email:__________________________ TOTAL COST OF SERVICE(S) = $_________________________ note: (a) a detailed cost summary is attached for the property owners review.

(b) the total costs presented herein will be held firm for a period not exceeding sixty (60) from date of issuance.

___________________________________ Date: __________________________ (Director of Civic Works)

62

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 20 of 31

SCHEDULE “A” to Waterworks Regulations and Rates Bylaw No. 1259, 2018 CONNECTION TO WATERWORKS SYSTEM PERMIT AND AGREEMENT Waterworks System Connection Agreement: AGREEMENT FOR WATER SUPPLY AND SERVICE(S)

The completion of this agreement does not relieve the applicant, authorized agent or owner from conforming to all requirements or every pertinent bylaw and regulation enforced within the City of Castlegar.

In consideration of the approval of this application, I/we agree to duly pay all applicable user rates and service charges for all water services provided herein as prescribed by the "City of Castlegar Water Regulations and Rates Bylaw", and amendments thereto. I/we further agree that I/we will be bound by all the provisions of the said Bylaw where applicable and the rules and regulations made thereunder and that in consideration of the aforesaid I will protect and save harmless the City of Castlegar from all claims for damages caused by the delivery of the said service(s). I/we further agree to release and indemnify the City of Castlegar, its Council members, employees and agents from and against all liability, demands, claims, causes of action, suits, judgements, losses, damages, costs and expenses of whatever kind I/we or any other person, partnership or corporation or our respective heirs, successors, administrators or assignees may have to incur in consequence of or incidental to this agreement.

DATED at the City of Castlegar this ______ day of _________________, 20____ .

Property Owner

______________________________________________________________________

(signature)

AUTHORIZATION TO PROCEED WITH WORKS:

_____________________________________________DATE: _____________________

(Director Of Civic Works)

63

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 21 of 31

Schedule “B” to the Waterworks Regulation and Rates Bylaw No. 1259, 2018 CONNECTION TO WATERWORKS SYSTEM CHARGES Connection Service Charges:

1. Charges for installation of a water service:

a) 19 mm diameter $920.00 (minimum) plus any additional service costs itemized in (d) below

b) 25.4 mm diameter $ 1,250.00 (minimum) plus any additional service costs itemized in (d) below

c) renewal (upgrading existing 12 mm diameter to 19 mm diameter) including metre retrofit

$ 250.00 (minimum) plus any additional service costs itemized in (d) below

d) additional service costs not included in (a), (b) and (c) above:

i. administration 15% ii. service or main

extension (greater than 25.4 mm and up to 28.1 mm diameter and/or where the service length is greater than 15 m)

$120.00/linear metre plus any additional service costs itemized in (c)

iii. restoration 1) asphalt road

repair $ 75.000/square metre

2) asphalt curb $ 20.00/linear metre 3) concrete curb $ 60.00/linear metre 4) sidewalk

(concrete) $ 120.00/linear metre

5) boulevard landscaping

$ 12.00/square metre

6) boulevard swale or ditch

$ 14.00/linear metre

7) over excavation (depth of bury

$ 16.00/cubic metre

64

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 22 of 31

exceeding 1.2m)

iv. metre purchase and

installation inspection

1) residential $ 225.00 2) residential

retrofit $ 250.00

3) meter greater than 19 mm diameter

at cost

4) industrial/commercial

at cost

5) industrial/commercial retrofit

at cost

6) installation inspection and initial read

$ 25.000

v. additional charge for

meter reading $ 25.00

vi. metre installation (greater than 19 mm diameter)

at cost

vii. approved use of fire hydrant

$ 25.00 per day plus administration

viii. additional charge for meter reading

$ 25.00

65

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 23 of 31

Schedule “C” to the Waterworks Regulation and Rates Bylaw No. 1259, 2018 DISCONNECTION TO WATERWORKS SYSTEM CHARGES Disconnection Service Charges:

2. Charges for disconnection of water service: a) $ 920.00 (minimum) plus any additional

services costs itemized in (b) below

b) additional service costs not included in (a) above:

i. administration 15% ii. restoration

1) asphalt road repair $ 75.000/square metre 2) asphalt curb $ 20.00/linear metre 3) concrete curb $ 60.00/linear metre 4) sidewalk (concrete) $ 120.00/linear metre 5) boulevard landscaping $ 12.00/square metre 6) boulevard swale or ditch $ 14.00/linear metre 7) over excavation (depth of bury

exceeding 1.2m) $ 16.00/cubic metre

66

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 24 of 31

Schedule “D” to the Waterworks Regulation and Rates Bylaw No. 1259, 2018 TURN ON/OFF TO WATERWORKS SYSTEM CHARGES Turn On/Off Service Charges: Each time water supply is turned on:

a. During normal working hours $ 0.00 b. Outside normal working hours $ 125.00

4. Each time water supply is turned off: a. During normal working hours $ 0.00 b. Outside normal working hours $ 125.00

67

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 25 of 31

Schedule “E” to the Waterworks Regulation and Rates Bylaw No. 1259, 2018 EXEMPTION CHARGES Exemption Charges:

5. Exemption permit: $ 10.00

68

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 26 of 31

Schedule “F” to the Waterworks Regulation and Rates Bylaw No. 1259, 2018 METERED USER RATES CHARGES Metered User Rates Charges:

A. USER RATES – METERED ACCOUNTS 4. Metered Rate: Annual Flat Fee

a) Single Family Dwelling $ 360.00 b) Secondary Suite 25% of single family dwelling c) Multi-Family Unit $ 192.00 d) Industrial, Commercial & Institutional $ 252.00

5. Metered Rate: Consumption Charges

e) Single Family Dwelling $ 0.68/cubic metre between 30 and up to including 100 cubic metres

f) Secondary Suite $ 0.68/cubic metre between 7.5 and up to including 25 cubic metres

g) Multi-Family Unit $ 0.48/cubic metre for all flows h) Industrial, Commercial & Institutional $ 0.48/cubic metre for all flows

69

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 27 of 31

Schedule “G” to the Waterworks Regulation and Rates Bylaw No. 1259, 2018 UNMETERED USER RATES CHARGES Unmetered User Rates Charges:

6. Unmetered Rate: Annual Flat Fee

i) Single Family Dwelling $ 628.88 j) Secondary Suite 25% of single family dwelling k) Multi-Family Unit $ 419.25 l) Trailer Camps or Courts

Each trailer pad, stall or dwelling unit $ 419.25

m) Restaurants, Cafes, Coffee Shops, Beer

Parlours, Licensed Lounges Minimum per year (first 60 seats) Per seat (over 60 seats)

$ 863.01 $ 14.64

n) Garages and Service Stations $ 526.63

o) Hairdressers and/or Barbers

Each basin and toilet Each additional basin

$ 363.07 $ 83.48

p) Offices, Stores and Medical or Dental

Clinics Each basin and toilet Each additional basin

$ 363.07 $ 83.48

q) Pool Rooms, Health Spas, Curling Rinks and Bowling Alleys

Per unit of occupancy load

$ 11.53

r) Private Halls, Theatres

Per unit of occupancy load $ 2.84

s) Hotels, Motels, Tourist Cabins

Owner's unit Per suite, room or overnight sleeping accommodation Swimming pool (year round) Swimming pool (seasonal)

No refund on vacancies $ 461.18 $ 125.07 $ 1,324.20 $ 666.56

70

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 28 of 31

t) For all unmetered users not here provided for

Each set of basin and toilet Each additional basin or urinal

$ 461.18 $ 89.20

u) Institutional Offices, Churches and Halls

Each set of basin and toilet Each additional basin or urinal

$ 217.14 $ 77.44

v) Schools (all types) – each Classroom $ 529.75

71

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 29 of 31

Schedule “H” to the Waterworks Regulation and Rates Bylaw No. 1259, 2018 WATER RESTRICTIONS ___________________________________________________________________

1. During the period from June 15 to September 15 of each year use of water for irrigation or sprinkling will be prohibited:

a. between the hours of 11:00 p.m. and 5:00 a.m., and b. between the hours of 11:00 a.m. and 5:00 p.m.

2. Notwithstanding Paragraph 1, of Schedule “H”, the City may, whenever in its discretion the public interest so requires, suspend or limit the use of water from the City water system, or may further regulate the hours of use, or may further prescribe the manner in which such water may be used.

a. Owners and occupiers o f residential and commercial properties, the civic address of which ends in an odd number may water lawns, trees, shrubs and gardens on odd numbered days of the month.

b. Owners and occupiers of residential and commercial properties, the civic address of which ends in an even number may water lawns, trees, shrubs and gardens on even numbered days of the month.

c. Auto washing allowed on regular watering day.

d. Owners and occupiers of residential and commercial properties with a water regulating system shall be permitted to water between the hours of 11:00 p.m. and 5:00 a.m. on an alternating day basis.

3. No water shall be used for irrigation, sprinkling, construction involving soil removal or replacement when restrictions have been imposed, under Paragraph 1. and 2. of Schedule “H”, except:

a. as described by such restrictions or b. as a permitted exemption under Paragraph 4. of Schedule “H”

4. Application for exemption from water usage restrictions or regulations in place under Paragraph1, of Schedule “H”, shall be made to the City on the form contained in Schedule "I" of this bylaw and shall be accompanied by the proper fee or charge as specified in Schedule "E". Water usage exemption permits under this section may be issued for the following applications.

a. New residential lawn or landscaping installation or construction.

b. As a means of controlling dust or cleaning of private driveways or parking lots of a metered commercial or multi-family user

72

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 30 of 31

c. Within a construction or building project under a building or development permit issued by the City.

5. An exemption permit may be revoked at any time.

6. The following activities and facilities be exempt from Paragraph 1, of Schedule “H”: commercial nursery operations, public works activities and repair work, and water parks.

73

The Corporation of the City of Castlegar Waterworks Regulations and Rates Bylaw No. 1259, 2018 Page 31 of 31

Schedule “I” to the Waterworks Regulation and Rates Bylaw No. 1259, 2018 WATER USE EXEMPTION PERMIT Water Use Exemption Permit:

WATER USE EXEMPTION PERMIT

Pursuant to Schedule “H” of the City of Castlegar Water Regulations and Rates Bylaw 1259 exemption from the current restriction imposed is granted under the following terms and conditions.

• Watering a new residential lawn or landscaping installation or construction • As a means of controlling dust or the cleaning of a private driveway or parking lot

within a metered commercial or multifamily zone • Watering within a construction or building project under a building or development

permit issued by the City • The exemption permit expiration date will be ______ days from the date of issuance • Receipt of fees prescribed by Schedule “E” of this bylaw

DATED at the City of Castlegar this ______ day of _________________, 20____.

APPLICANT:

__________________________________________________________________

(signature)

AUTHORIZATION SIGNATURE:

_____________________________________________ DATE: ___________

(Director of Civic Works)

74

The Corporation of the City of Castlegar Page 1 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

THE CORPORATION OF THE CITY OF CASTLEGAR

Bylaw No. 1260, 2018

BEING A BYLAW TO REGULATE THE SANITARY SEWER SYSTEM IN THE CITY OF CASTLEGAR

____________________________________________________________________ Table of Contents Page No Part 1 Citation 2 Part 2 Interpretation 2 Part 3 Connection to Sanitary Sewer System 5 Part 4 Operation of Private Service 8 Part 5 City Inspection and Maintenance 8

Part 6 Fees and Charges 9 Part 7 Responsibilities of the Persons Using Service 9 Part 8 Offences and Penalties 10

Part 9 General Provisions 11

Schedule ‘A’ Prohibited Waste 13

Schedule ‘B’ Connection to Sanitary Sewer System Permit and Agreement 17 Schedule ‘C’ Connection to Sanitary Sewer System Charges 19

Schedule ‘D’ Disconnection to Sanitary Sewer System Charges 20

Schedule ‘E’ Waste Discharge Permit Charges 21

Schedule ‘F’ Metered User Rates Charges 22

Schedule ‘G’ Unmetered User Rates Charges 23

Schedule ‘H’ Waste Discharge Permit and Agreement 25

75

The Corporation of the City of Castlegar Page 2 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

THE CORPORATION OF THE CITY OF CASTLEGAR Sewer Regulation and Rates Bylaw No. 1260, 2018

WHEREAS the Local Government Act, R.S.B.C. 2016, Chapter 1; the Community Charter, S.B.C. 2003, Chapter 26 and all other applicable legislation provides that f may by bylaw, establish a municipal sewer Service within the jurisdiction of the City of Castlegar;

AND WHEREAS the Council of the City deems it appropriate to repeal and replace Sewer Regulations and Rates Bylaw No. 704 (and all amendments thereto) in its entirety;

NOW THEREFORE the Council of the City of Castlegar, in open meeting assembled, enacts as follows:

PART 1 - CITATION

1.1 This bylaw may be cited as the “The Corporation of the City of Castlegar Sewer Regulation and Rates Bylaw no. 1260, 2018".

PART 2 – INTERPRETATION

Definitions

2.1 In this Bylaw, the following terms have the following meanings:

(a) "Building Code" means the Provincial building code and other regulationsenacted to regulate buildings.

(b) "Business Day" means a day other than Saturday, Sunday or a statutoryholiday in the Province of British Columbia;

(c) “Bylaw Enforcement Officer” means:i. Bylaw Enforcement Officers appointed pursuant to the Police Act and

Community Charter; andii. a person appointed by Council as a Licensing Inspector, Building

Inspector or Animal Control Officer;

(d) “Bylaw Notice” means a ticket issued under the Municipal Ticket InformationBylaw;

(e) "City" and "City of Castlegar" means The Corporation of the City of Castlegar;

(f) "Contaminant" means any substance or matter in water which may render thewater unfit for human consumption in accordance with guidelines andregulations of the Province of British Columbia;

76

The Corporation of the City of Castlegar Page 3 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

(g) “Combined System” means a System designed and operated to provide the Services of both a Sanitary Sewer System and a Storm Drainage System;

(h) "Common Ground Irrigation Meters" shall mean meters which are verified by the City as meters which are for irrigation purposes only.

(i) “Control Manhole” means a manhole located on private Property that is required by the City for inspection and testing;

(j) "Consumer" means any person, company or corporation who is the Owner or agent for the Owner of any premises to which a Sanitary Sewer collection System is supplied or made available from the Sanitary System, any person who is the occupier of such premises or any person who is actually using the Sanitary System supplied to such premises;

(k) "Council" means the duly elected Council for the Corporation of the City of Castlegar;

(l) "Director of Civic Works" shall mean the person appointed to the position of

Director of Transportation and Civic Works by the Council of the City and any person delegated to assist him in carrying out his duties under this Bylaw.

(m) "Fats" means, collectively, fats, oil or grease comprising any solvent or extractable material of animal, vegetable or mineral origin, including but not limited to hydrocarbons, esters, greases, oils, waxes and high molecular weight carboxylic acids;

(n) “Force Main” means a pressurized main pipe that carries water and Sewage when gravity flow is not sufficient to move water and Sewage through a gravity line;

(o) "Grease Trap" means a device designed and installed to separate and retain Fats from wastewater, while permitting wastewater to discharge into a Sanitary Sewer;

(p) “Industrial, Commercial and Institutional (ICI)” shall mean all other units which do not fall into the above Single Family Dwelling and Multi-Family Unit definitions;

(q) “Industrial Waste” means chemical or industrial liquid wastes intended to be deposited into the Sanitary Sewer System but does not include Prohibited Substances;

77

The Corporation of the City of Castlegar Page 4 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

(r) “Inspection Chamber” means a covered chamber which provides an access point for making connection or performing maintenance on the underground Sanitary Sewer;

(s) "Manhole" means a covered chamber which provides an access point for making connections or performing maintenance on the underground Sanitary Sewer System or related Service mainlines;

(t) “Multi-Family Unit (MF)” shall mean a self-containing living unit that is in a figuration of four units or more within a building;

(u) “Municipal Ticket Information Bylaw” means the City’s Municipal Ticket Information Bylaw including all amendments and replacements thereto;

(v) "Owner" means the registered Owner of Property;

(w) “Private Service” means pipes and other appurtenances on private Property

not installed or owned by the City and used to deliver the Service to the private Property;

(x) “Prohibited Waste” means one or more of the Prohibited Wastes listed on Schedule “A” to this bylaw;

(y) "Property" means any lot, block, or other area in which lands situated in the City of Castlegar are subdivided;

(z) "Regular Working Hours" means the time from 7:00 am to 2:45 pm on each and every day that is a Business Day;

(aa) "Sanitary Sewer" means a pipe or conduit for conveying Sewage;

(bb) “Sanitary Sewer Connection” means the City-owned connection from the Sanitary Sewer System to the boundary of private Property, and includes all Inspections Chambers, Manholes, Service pipes and connections to the Sanitary Sewer System;

(cc) "Sanitary Sewer System" means all sanitary sewer works and appurtenances owned, controlled, maintained and operated by the City, including Sanitary Sewers, Sanitary Sewer Connections, Sewage treatment facilities, pumping stations, outfalls and Manholes laid within any highway, City right of way or easement, or City-owned Property;

78

The Corporation of the City of Castlegar Page 5 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

(dd) “Secondary Suite” shall mean a second Single Family Dwelling (self-contained living quarters including cooking equipment and a bathroom), located within the structure of an owner-occupied Single Family Dwelling;

(ee) “Service” means and includes the Sewage collection Service provided by the City to any Customer through the Sanitary Sewer System;

(ff) "Sewage" means human excretion or the water-carried wastes from drinking, culinary purposes, ablutions, laundering, food processing or ice producing;

(gg) "Single Family Dwelling (SFD)" shall mean a single residential dwelling unit,

including duplexes and triplexes;

(hh) "Storm Drain" means a drain, pipe or conduit for conveying Storm Drainage;

(ii) “Storm Drainage” means surface water;

(jj) “Storm Drainage System” means all works and appurtenances owned, controlled, maintained and operated by the City for the capture, impoundment, control, conveyance and discharging of Storm Drainage, including Storm Drains, storm Service connections, channels, detention facilities, pumping stations and outfalls installed within any highway, City right of way or easement or City-owned Property;

(kk) "System" means either the Sanitary Sewer System, the Storm Drainage System or the Combined System, as the context requires and "Systems" means all such Systems;

Number and Gender

2.2 Wherever the singular or masculine is used in the Bylaw the name shall be deemed to include the plural or the feminine or the body politic or corporate, and also their respective heirs, executors, administrators, successors and assigns.

PART 3 - CONNECTION TO SANITARY SEWER SYSTEM

Requirement to Connect

3.1 Unless specifically exempted in this Bylaw, every Owner must:

(a) ensure that all Sewage originating from any building located on the Owner's property is connected to and discharged into the Sanitary Sewer System, when such System is available to the Property;

79

The Corporation of the City of Castlegar Page 6 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

(b) pay the connection charges set out in Schedule “C” of this Bylaw for connection to the Sanitary Sewer System;

(c) pay the construction fees as determined by the City’s Civic Works Department; and

(d) pay the user charges set out in the Schedule “F” and “G” of this Bylaw for use of all Systems.

3.2 Where the Owner does not connect the Owner's Property to the Sanitary Sewer where available, as required in section 2.1 the Director of Civic Works may direct that the City undertake such connections at the expense of the Owner.

Application for Connection

3.3 A Property Owner must make application to the City to install a connection to the Sanitary Sewer System on the form contained in Schedule “B” of this Bylaw, which application shall contain the applicant's provision of the following:

(a) for single detached residential, design plan or a drawing of each proposed connection, including:

i. existing Services; ii. proposed Services; and iii. the location of buildings, trees, driveways and sidewalks;

(b) for all other development, design plan or a drawing of each proposed connection, including:

i. existing Services; ii. proposed Services; and iii. the location of buildings, trees, driveways and sidewalks;

the plan or drawing shall be submitted by a Professional Engineer in accordance with the City's design specifications applicable to such connections; and

(c) payment of connection fees required under section 3.1(b).

Construction of Service Connection

3.4 Notwithstanding the provision of subsection 3.3(b), if after completion of the installation of the connection the City determines that the actual cost of the installation is greater than the fee paid under section 3.1(c) by more than 10% or $500.00, whichever is greater, the variation shall become payable by the Property Owner to the City.

80

The Corporation of the City of Castlegar Page 7 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

3.5 No person shall connect or attempt to connect, or allow to be connected, or allow to remain connected to the System any Property or premises otherwise than in accordance with the provisions of this Bylaw.

3.6 No person shall construct a connection to the System other than an employee of the City, unless the written consent of the Director of Civic Works is first obtained.

3.7 Each permitted Single Family Dwelling on a Property shall have one and no more than one connection to each System including all of the land shown on a strata plan.

3.8 Where access required for the purpose of connecting to the System is, in the opinion of the Director of Civic Works, blocked or impeded, the Property Owner must immediately remove the blockage or impediment, at the Owner's expense, to the extent determined necessary by the Director of Civic Works.

3.9 Where the Property Owner does not remove the blockage or impediment, the Director of Civic Works may direct that the City undertake such removal at the expense of the Property Owner.

3.10 A connection to the System will not be made until all required connection charges and any other related costs have been paid in full.

Control Manholes

3.11 The Director of Civic Works may require the installation of a Control Manhole on any Private Service, the total cost of which shall be paid by the Owner of the Property being serviced by the Private Service as well as the costs of ongoing maintenance of the installed infrastructure.

3.12 Any Property discharging Industrial Waste into the Sanitary Sewer System shall have installed on the Private Service, a Control Manhole suitable for the inspection and sampling of the discharged Industrial Waste and all such Industrial Waste must pass through the Control Manhole. The design and location of the Control Manhole shall be approved by the Director of Civic Works. The Control Manhole shall be supplied, installed and maintained at the sole cost of the Owner of the Owner being serviced by the Private Service and shall be accessible at all times for inspection by City personnel.

3.13 In respect of Property to which section 3.12 is applicable, where the difference in elevation between the drain into the Private Service and the Sanitary Sewer System is insufficient to permit the satisfactory installation of a Control Manhole, the Director of Civic Works shall designate an alternative location at which the inspection and sampling are to be carried out.

81

The Corporation of the City of Castlegar Page 8 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

Requirements Prior to Demolition

3.14 A Property Owner wishing to demolish a Building connected to a System must not carry out the demolition until all connections to all Systems have been disconnected and capped in a manner satisfactory to the Director of Civic Works.

3.15 Where a Property Owner chooses not to disconnect and cap the connections to the Systems, the Director of Civic Works may direct that the City undertake such disconnections and capping at the expense of the Property Owner and the Property Owner shall forthwith pay all applicable disconnection fees set out in this Bylaw.

3.16 Where a Property Owner does not comply with the requirements of this Bylaw to disconnect connections to the Systems and such noncompliance results in damage to either System, the Property Owner must pay the actual costs incurred by the City in repairing the resulting damage.

PART 4 - OPERATION OF PRIVATE SERVICE

Maintenance of Private Service

4.1 Every Property Owner shall keep maintained, at the Property Owner's sole expense, the Private Service and all pipes, shut-off valves and other fixtures on the Property in good working order and repair. In the event any leakage, defect or imperfections in the Service Connection or Private Service are observed or known to a Consumer, the Consumer shall immediately notify the City. If the defect is determined to be located in the Private Service, the City shall notify the Property Owner and the Property Owner shall, within 48 hours of receiving such notice, effect repairs to the Private Service.

4.2 In the event the Property Owner refuses or neglects to carry out repairs within the specified time, the City may cause to have repair work performed at the expense of the Property Owner, and the City shall charge the Property Owner the cost thereof.

PART 5 - CITY INSPECTION AND MAINTENANCE

5.1 A Property Owner must, at all reasonable times, provide adequate, convenient and unobstructed access to City personnel to:

(a) inspect and determine compliance with the provisions of this Bylaw;

(b) inspect and investigate the Sanitary Sewer System, including Inspection Chambers, Control Manholes, Manholes, fixtures and any other works or infrastructure associated with the Sanitary Sewer System; and

(c) repair, replace and maintain the Sanitary Sewer System, at the discretion of the Director of Civic Works.

82

The Corporation of the City of Castlegar Page 9 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

5.2 No person shall prevent or obstruct, or attempt to prevent or obstruct, access or entry permitted pursuant to section 5.1.

PART 6 - FEES AND CHARGES

Connection Charges and Service Fees

6.1 Every Owner of Property that is serviced by the Service shall pay to the City the applicable connection charge and Service fee set out in the Schedule “C” - “G” of this Bylaw.

6.2 User rates shall be invoiced quarterly for the periods ending March 31, June 30, September 30 and December 31. The quarterly charges shall be due and payable when invoiced.

6.3 The Service fee shall be subject to a late fee of five (5%) percent imposed upon the balance of the current quarter balance (or any portion thereof ) that is unpaid by the last day of each respective quarter.

6.4 Upon the discretion of the Director of Finance, the sewer utility fee may be adjusted as special circumstances exist.

Billing Start Date for New Connections

6.5 For all new connections, the effective date for billing charges shall be the first day of in which the City’s building official has permitted occupancy to the premises.

Taxes in Arrears

6.6 All fees and charges required to be paid under this Bylaw that are not paid on or before the 31st day of December in any years shall be deemed to be taxes in arrears in respect of the Property served by the Sanitary Sewer System and such sum shall be recoverable as taxes under the Community Charter (BC).

PART 7: RESPONSIBILITIES OF THE PERSONS USING SERVICE

General Prohibitions

7.1 No person shall discharge or cause to be discharged into any part of the Sanitary Sewer System, without a permit from the City: (a) any Storm Drainage, except as permitted in the case of a Combined System;

or any Prohibited Waste.

83

The Corporation of the City of Castlegar Page 10 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

Tampering with the Sanitary Sewer System

7.2 No person shall make any connection to the Sanitary Sewer System or in any way tamper with, operate, remove, or make any alteration to such System without the prior written consent of the Director of Civic Works.

Liability

7.3 It is a condition of the receipt of the Service that; (a) In the event that the Service to any Customer shall fail, whether from natural

causes or accident or from any other causes whatsoever, the City shall not be liable for damage by reason of such failure.

(b) The City shall not be liable for any injury or damage to any person or Property arising or occurring from the use of the Service (including blockages/back-ups).

B.C. Plumbing Code

7.4 A Private Service shall be installed in accordance with the B.C. Plumbing Code and shall be constructed by and at the expense of the Owner. Supply of any fittings required to join the Service Connection to the Private Service shall be the Property Owner's responsibility.

PART 8: OFFENCE AND PENALTY

Bylaw Contravention

8.1 Any person who: (a) Contravenes or fails to comply with this Bylaw; (b) Permits, suffers or allows any act or thing to be done in contravention of this

Bylaw; (c) Fails to carry out an order made under this Bylaw; or (d) Fails or neglects to do anything required under a permit issued by the City in

respect of this Bylaw,

commits an offence of this Bylaw and each day such offence continues or is permitted to continue will constitute a separate offence.

8.2 Every person who commits an offence punishable on summary conviction shall be liable to a fine of not more than $10,000 or to imprisonment for not more than six months, or such other maximum penalties as set out in the Community Charter as may be amended or replaced from time to time.

8.3 This Bylaw may be enforced under the Offence Act or the City’s Municipal Ticket Information Bylaw, as may be amended or replaced from time to time.

84

The Corporation of the City of Castlegar Page 11 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

Designation of Bylaw and Bylaw Enforcement Officers

8.4 This Bylaw is designated under the Community Charter as a bylaw that may be enforced by means of a City’s Municipal Ticket Information Bylaw.

8.5 Without limiting the enforcement options under Part 8 of this Bylaw, a person who commits an offence under this Bylaw will be liable to a penalty established under the Municipal Ticket Information Bylaw.

8.6 Bylaw Enforcement Officers are designated to enforce this Bylaw by means of the City’s Municipal Ticket Information Bylaw.

8.7 No person may obstruct a Bylaw Enforcement Officer in the fulfillment of his or her duties under this Bylaw.

PART 9 – GENERAL PROVISIONS

Severability

9.1 If any part, section, sub-section, clause or sub-clause of this Bylaw is, for any reason, held to be invalid by the decision of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Bylaw.

Notice

9.2 Any notice required to be given under this Bylaw shall sufficiently be given if in writing and delivered by hand or sent by prepaid registered mail at the Property Owner's last known address set out on the assessment roll.

Repeal and Replacement

9.3 The City of Castlegar Sewer Regulation and Rates Bylaw No. 704, 1994 and all amendments thereto, is hereby repealed.

9.4 This Bylaw shall come into full force and effect on January 1, 2018.

85

The Corporation of the City of Castlegar Page 12 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

Effective Date

9.5 This Bylaw comes into force and effect upon its adoption. READ A FIRST TIME this __ day of December, 2017.

READ A SECOND TIME __ day of December, 2017.

READ A THIRD TIME this __ day of December, 2017.

ADOPTED this __ day of December, 2017.

__________________________ __________________________

Mayor Director of Corporate Services

86

The Corporation of the City of Castlegar Page 13 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

Schedule “A” to the Sewer Regulation and Rates Bylaw No. 1260, 2018 PROHIBITED WASTE Prohibited Waste means: 1. Hazardous Waste

Hazardous Waste as defined by the Waste Management Act (British Columbia) and its Regulations or any legislation that replaces the Waste Management Act.

2. Biomedical Waste

Any Biomedical Waste.

3. Air Contaminant Waste

Any waste which, by itself or in combination with another substance, is capable of creating, causing or introducing an air Contaminant, causing air pollution outside any Municipal Sanitary Sewer System or Storm Drainage System or is capable of creating, causing or introducing an air Contaminant within any Municipal Sanitary Sewer System or Storm Drainage System which would prevent safe entry by authorized personnel.

4. Flammable or Explosive Waste

Any waste, which by itself or in combination with another substance is capable of causing or contributing to an explosion or supporting combustion in any Municipal Sanitary Sewer System or Storm Drainage System or watercourse, but not limited to gasoline, naphtha, propane, diesel, fuel oil, kerosene or alcohol.

5. Obstructive Waste

Any waste which by itself or in combination with another substance is capable of obstructing the flow of, or interfering with, the operation, performance or flow of any Municipal Stormwater System, watercourse or stormwater management facility including, but not limited to earth, sand, sweepings, gardening or agricultural waste, ash, chemicals, paint, metal, glass, sharps, rags, cloth, tar, asphalt, cement-based products, plastic, wood, waste portions of animals, fish or fowl, and solidified fat, creosote and waxes.

87

The Corporation of the City of Castlegar Page 14 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

6. Corrosive Waste

Any waste with corrosive properties which, by itself, or in combination with any other substance, may cause damage to any Municipal Sanitary Sewer System or Storm Drainage System or which may prevent safe entry by authorized personnel.

7. High Temperature Waste

(a) Any waste which, by itself or in combination with another substance, will create heat in amounts which will interfere with the operation and maintenance of a Municipal Stormwater System or stormwater management facility;

(b) Any waste with a temperature of 65 degrees Celsius or more at the point of discharge.

8. PCB’s and Pesticides

Any waste containing Polychlorinated Biphenyls (PCB’s) or Pesticides 9. Pool Water

Any water from a pool containing residual chlorine, chloramine, bromine or chloride

10. Radioactive Waste

Any waste containing radioactive materials that, prior to the point of discharge into a Municipal Stormwater System or watercourse, exceeds radioactivity limitations as established by the Atomic Energy Control Board of Canada.

11. pH Waste

Any waste which, prior to the point of discharge into a Municipal Stormwater System or watercourse has a pH lower than 6.5 or higher than 9.0 as determined by either a grab sample or composite sample.

12. Dyes and Colouring Material

Dyes or colouring materials which produce in a grab sample or composite sample a colour value greater than or equal to 50 true colour units or that causes discolouration of water to such an extent that the colour cannot be determined by the visual comparison method as set out in Standard Methods except where the dye is used by a municipality or regional district as a tracer.

88

The Corporation of the City of Castlegar Page 15 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

13. Miscellaneous Wastes

Any waste which by itself or in combination with another substance: (a) constitutes or may constitute a health or safety hazard to any person or

animal; (b) causes pollution in any Municipal Stormwater System, watercourse or

stormwater management facility.

14. Disinfectant Process Water

Any water from a waterworks containing residual chlorine or chloramine remaining from the disinfection of the waterworks or any part of the waterworks but does not include water containing chlorine or chloramine ordinarily added to a supply of potable water by a municipality, the Regional District or an Improvement District.

15. Fill Soil, sand, clay, gravel, rock or other material of which land is composed

16. Oily Wastewater Any wastewater that contains Total Oil and Grease as defined by Standard Methods that exceeds 15mg/L as determined by either a grab sample or a composite sample.

17. Wastewater containing Suspended Solids

Any wastewater that contains Suspended Solids in concentrations that would: a) exceed 75 milligrams per liter as determined by either a grab sample or a

composite sample, or b) cause the water quality in the watercourse receiving the wastewater to

exceed the maximum induced suspended sediments guidelines as set out in Table 2 in the "British Columbia Approved Water Quality Guidelines (Criteria): 1988 Edition, Updated January 17, 2001", published by the Ministry of Environment, Lands and Parks, and revised from time to time.

18. Wastewater containing Fecal Conforms

Any wastewater that contains fecal conforms in concentrations above 200 colony counts/100 mL as determined by a Grab Sample or Composite Sample.

19. Carpet Cleaning Wastes

Any Carpet Cleaning Waste

89

The Corporation of the City of Castlegar Page 16 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

20. Waste Containing Phosphorus

Any waste which, prior to the point of discharge into a storm sewer or watercourse,contains a total phosphorus concentration greater than 1.0 mg/L as determined byeither a grab sample or composite sample.

21. Wastewater from Garbage Containers and Restaurant Grease Containers

Any wastewater that contains liquid waste that originates from within garbagecontainers over two cubic meters in volume and any size of restaurant wastegrease containers.

22. Turbidity

Any wastewater with a turbidity that would:

a) exceed 50 nephelometric turbidity units (NTU) as determined by either agrab sample or a composite sample, or

b) cause the water quality in the watercourse receiving the wastewater toexceed

c) the maximum induced turbidity guidelines as set out in Table 2 in the "BritishColumbia Approved Water Quality Guidelines (Criteria): 1998 Edition,Updated January 17, 2001" published by the Ministry of Environment,Lands and Parks.

23. Engine Washing Wastes

Any Engine Washing Waste

24. Chloride

Any waste which, prior to the point of discharge into a storm sewer or watercourse,contains a chloride concentration greater than 1000 mg/L as determined by eithera grab sample or composite sample.

90

The Corporation of the City of Castlegar Page 17 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

Schedule “B” to the Sewer Regulation and Rates Bylaw No. 1260, 2018 CONNECTION TO SANITARY SEWER SYSTEM PERMIT AND AGREEMENT Sanitary Sewer System Connection Permit: APPLICATION FOR SEWER DISPOSAL SERVICE(S) I, _____________________ being the property owner of the premises described as:

Lot _________________Block _________________ D.L. _________________ Plan

and situated at # _________________ Street/Avenue, in the City of Castlegar, hereby

make application for the following services:

___ the use of a common sewer of residential, commercial or other. The use or

occupancy of the property or premise supplied will be

____________________________________ (describe current or proposed

occupancy and zoning) consisting of _______ square metres of total building floor

area.

___ new sewer connection(s) or installation(s). ___ sewer connection repair(s) or adjustment(s) ___ common sewer main extension ___ other (provide description) ___________________________________

DATED at the City of Castlegar this ______ day of _________________, 20____. ___________________________________ Date: __________________________ (Applicant Signature) Phone Number: ______________________Email:__________________________ TOTAL COST OF SERVICE(S) = $_________________________ note: (a) a detailed cost summary is attached for the property owners review.

(b) the total costs presented herein will be held firm for a period not exceeding sixty (60) from date of issuance.

___________________________________ Date: __________________________ (Director of Civic Works)

91

The Corporation of the City of Castlegar Page 18 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

Schedule “B” to the Sewer Regulation and Rates Bylaw No. 1260, 2018 CONNECTION TO SANITARY SEWER SYSTEM PERMIT AND AGREEMENT Sanitary Sewer System Connection Agreement: AGREEMENT FOR SEWER DISPOSAL SERVICE(S) The completion of this agreement does not relieve the applicant, authorized agent or owner from conforming to all requirements or every pertinent bylaw and regulation enforced within the City of Castlegar. In consideration of the approval of this application, I/we agree to duly pay all applicable user rates and service charges for all sewer services provided herein as prescribed by the "City of Castlegar Sewer Regulations and Rates Bylaw", and amendments thereto. I/we further agree that I/we will be bound by all the provisions of the said Bylaw where applicable and the rules and regulations made thereunder and that in consideration of the aforesaid I will protect and save harmless the City of Castlegar from all claims for damages caused by the delivery of the said service(s). I/we further agree to release and indemnify the City of Castlegar, its Council members, employees and agents from and against all liability, demands, claims, causes of action, suits, judgements, losses, damages, costs and expenses of whatever kind I/we or any other person, partnership or corporation or our respective heirs, successors, administrators or assignees may have to incur in consequence of or incidental to this agreement. DATED at the City of Castlegar this ______ day of _________________, 20____. Property Owner ______________________________________________________________________ (signature) AUTHORIZATION TO PROCEED WITH WORKS: __________________________________________ DATE: _____________________ (Director of Civic Works)

92

The Corporation of the City of Castlegar Page 19 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

Schedule “C” to the Sewer Regulation and Rates Bylaw No. 1260, 2018 CONNECTION TO SANITARY SEWER SYSTEM CHARGES Connection Service Charges:

1. Charges for installation of a building sanitary and storm sewer service:

a) 100 mm diameter $ 920.00 (minimum) plus any additional service costs itemized in (c) below

b) 152 mm diameter $ 1,050.00 (minimum) plus any additional service costs itemized in (c) below

c) additional service costs not included in (a) and (b) above:

i. administration 15% ii. service or main extension (100 mm to

152 mm diameter and/or where the service length is greater than 15 m)

$ 120.00/linear metre plus any additional service costs itemized in (c)

iii. restoration 1) asphalt road repair $ 75.00/square metre 2) asphalt curb $ 20.00/linear metre 3) concrete curb $ 60.00/linear metre 4) sidewalk (concrete) $ 120.00/linear metre 5) boulevard landscaping $ 12.00/square metre 6) boulevard swale or ditch $ 14.00/linear metre 7) retention catch basin $ 800.00/each 8) culvert $ 620.00/linear metre 9) over excavation (depth of bury

exceeding 1.2m) $ 16.00/cubic metre

93

The Corporation of the City of Castlegar Page 20 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

Schedule “D” to the Sewer Regulation and Rates Bylaw No. 1260, 2018 DISCONNECTION TO SANITARY SEWER SYSTEM CHARGES Disconnection Service Charges:

2. Charges for disconnection of a building sanitary and storm sewer service:

a) $ 920.00 (minimum) plus any additional services costs itemized in (b) below

b) additional service costs not included in (a) above:

i. administration 15% ii. restoration

1) asphalt road repair $ 75.000/square metre 2) asphalt curb $ 20.00/linear metre 3) concrete curb $ 60.00/linear metre 4) sidewalk (concrete) $ 120.00/linear metre 5) boulevard landscaping $ 12.00/square metre 6) boulevard swale or ditch $ 14.00/linear metre 7) retention catch basin $ 800.00/each 8) culvert $ 620.00/linear metre 9) over excavation (depth of bury

exceeding 1.2m) $ 16.00/cubic metre

94

The Corporation of the City of Castlegar Page 21 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

Schedule “E” to the Sewer Regulation and Rates Bylaw No. 1260, 2018 WASTE DISCHARGE PERMIT CHARGES Waste Discharge Permit Charges:

3. Waste Discharge Permit $ 200/load 600 gallons

95

The Corporation of the City of Castlegar Page 22 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

Schedule “F” to the Sewer Regulation and Rates Bylaw No. 1260, 2018 METERED USER RATES CHARGES

Metered User Rates Charges:

4. Metered Rate: Annual Flat Feea) Single Family Dwelling $ 288.00 b) Secondary Suite 25% of single family dwelling c) Multi-Family Unit $ 144.00 d) Industrial, Commercial & Institutional $ 288.00 e) Common Ground Irrigation Systems N/A

5. Metered Rate: Consumption Chargesf) Single Family Dwelling $ 0.38/cubic metre, but capped at

30 per month in the summer months

g) Secondary Suite $ 0.38/cubic metre, but capped at 7.5 per month in the summer months

h) Multi-Family Unit $ 0.38/cubic metre, but capped at 25 per month in the summer months

i) Industrial, Commercial & Institutional $ 0.44/cubic metre, less a 10% discount in the summer months

j) Common Ground Irrigation Systems $ 0.38/cubic metre for all flows

96

The Corporation of the City of Castlegar Page 23 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

Schedule “G” to the Sewer Regulation and Rates Bylaw No. 1260, 2018 UNMETERED USER RATES CHARGES

Unmetered User Rates Charges:

6. Unmetered Rate: Annual Flat Fee

k) Single Family Dwelling $ 511.41 l) Secondary Suite 25% of single family dwelling m) Multi-Family Unit $ 340.94 n) Trailer Camps or Courts

Each trailer pad, stall or Single FamilyDwelling

$ 340.94

o) Restaurants, Cafes, Coffee Shops, BeerParlours, Licensed Lounges

Minimum per year (first 60 seats) Per seat (over 60 seats)

$ 909.10 $ 15.39

p) Garages and Service Stations $ 677.35

q) Hairdressers and/or BarbersEach basin and toilet Each additional basin

$ 375.03 $ 104.49

r) Offices, Stores and Medical or DentalClinics

Each basin and toilet Each additional basin

$ 375.03 $ 104.49

s) Pool Rooms, Health Spas, Curling Rinksand Bowling Alleys

Per unit of occupancy load $ 8.80

t) Private Halls, TheatresPer unit of occupancy load $ 2.20

u) Hotels, Motels, Tourist CabinsOwner's unit Per suite, room or overnight sleeping accommodation without cooking unit Per suite, room or overnight sleeping accommodation with cooking unit

No refund on vacancies $ 375.03 $ 98.16

$ 127.29

97

The Corporation of the City of Castlegar Page 24 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

v) For all unmetered users not here provided

for Each set of basin and toilet Each additional basin or urinal

$ 375.03 $ 104.49

w) Institutional Offices, Churches and Halls

Each set of basin and toilet Each additional basin or urinal

$ 209.17 $ 104.49

x) Schools (all types) – each Classroom $ 375.03

y) Hospitals – per bed $ 209.19

98

The Corporation of the City of Castlegar Page 25 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

Schedule “H” to the Sewer Regulation and Rates Bylaw No. 1260, 2018 WASTE DISCHARGE PERMIT AND AGREEMENT Waste Discharge Permit: City of Castlegar Sewer Regulations and Rates Bylaw No. 1260, 2018 and Amendments

Thereto

APPLICATION FOR A WASTE DISCHARGE PERMIT I, _____________________ being the property owner of the premises described as:

Lot _________________Block _________________ D.L. _________________ Plan and

situated at # _________________ Street/Avenue, in the City of Castlegar, hereby make

application for the following services:

___ septic waste disposal from a single residential home

___ septic waste disposal from a commercial, industrial or institutional establishment.

The activities/business currently being carried out at this property can generally be

described as

The quantity of waste to be discharged is ________________ gallons/litres

The carrier will be ______________________

Phone:______________________

DATED at the City of Castlegar this ______ day of _________________, 20____.

APPLICANT

______________________________________________________________________

(signature)

Phone: ______________________

Email: ______________________

99

The Corporation of the City of Castlegar Page 26 of 26 Sewer Regulation and Rates Bylaw No. 1260, 2018

Schedule “H” to the Sewer Regulation and Rates Bylaw No. 1260, 2018 WASTE DISCHARGE PERMIT AND AGREEMENT

Waste Discharge Agreement:

AGREEMENT FOR A WASTE DISCHARGE PERMIT

The completion of this agreement does not relieve the applicant, authorized agent or owner from conforming to all requirements or every pertinent bylaw and regulation enforced within the City of Castlegar.

In consideration of the approval of this application, I/we agree to duly pay all applicable user rates and service charges for all sewer services provided herein as prescribed by the "City of Castlegar Sewer Regulations and Rates Bylaw", and amendments thereto. I/we further agree that I/we will be bound by all the provisions of the said Bylaw where applicable and the rules and regulations made thereunder and that in consideration of the aforesaid I will protect and save harmless the City of Castlegar from all claims for damages caused by the delivery of the said service(s). I/we further agree to release and indemnify the City of Castlegar, its Council members, employees and agents from and against all liability, demands, claims, causes of action, suits, judgements, losses, damages, costs and expenses of whatever kind I/we or any other person, partnership or corporation or our respective heirs, successors, administrators or assignees may have to incur in consequence of or incidental to this agreement.

DATED at the City of Castlegar this ______ day of _________________, 20____.

Property Owner

______________________________________________________________________ (signature)

AUTHORIZATION TO PROCEED WITH DISPOSAL:

___________________________________________ DATE: _____________________ (Director of Civic Works)

100