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WHEREAS
Municipal Water Distribution Systems serving municipalities, hereinafter
called MWDS may become contaminated.
AND
WHEREAS there may be buildings served by the MWDS that have plumbing
connections both to the MWDS and to another water source, including
private wells or cisterns or both, hereinafter called “Cross
Connections”.
AND
WHEREAS the water source associated with these Cross Connections may be
a source of contamination of the MWDS and the building plumbing.
AND
WHEREAS it is imperative that no potential source of contamination be
allowed to be connected to the MWDS or any building plumbing connected
to the MWDS.
AND
WHEREAS Section 12 of the Public Utilities Act, R.S.O. 1990 (as amended)
allows municipalities to pass by-laws for regulating every matter or
thing related to or connected with the water supply (MWDS) that it may
be necessary or proper to regulate, in order to secure the inhabitants
of the municipality a continued and abundant supply of pure and
wholesome water, and for providing that for a contravention of any such
By-Law the offender is guilty of an offence.
NOW
THERFORE the Council of the Corporation of the Township of North Dundas
hereby ENACTS AS FOLLOWS:
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Subject
to Section 3 below, no Cross Connections shall be made or continued to
any plumbing that is connected to the MWDS. A physical separation
shall be maintained between the plumbing connected to the MWDS and the
plumbing connected to any other water source.
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Subject
to Section 3 below, any Cross Connections found by the Township or its
agents shall be severed by the landlord or owner and the landlord or
owner shall notify the Township for inspection within thirty (30) days
of receiving notice to sever from the Township, thereafter no
reconnection shall be made.
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For
industrial or commercial buildings that are connected to the MDWS
where an auxiliary water supply exists, Cross Connections may be
approved by the Municipal Water Operating Authority where it can be
proven that adequate backflow protection devises are installed and are
maintained to ensure that no flow into the MDWS will occur from the
auxiliary water supply. This requirement shall include that handling
of process water and water originating from the MDWS which have been
or may be subject to deterioration in sanitary quality.
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Any
person authorized by the Township for the purpose of inspecting for
cross connections has access, on obtaining the consent of the
occupier, at all reasonable times, and upon reasonable notice given
and request made, to all parts of every building or other premises to
which any water service pipe is supplied for the purpose of inspecting
or repairing, or of altering or disconnecting any water service pipe,
wire, rod or cross connection within or without the building.
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Where
access is not provided, a written notice by the Township will be
issued allowing forty-eight hours (48) hours to provide access. If
access is not provided within this time frame, the Township may, at
its discretion, shut off the supply of water to the premises until
such time as the access is provided.
Penalties:
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Every
person who contravenes or causes or permits any contravention of any
of the provisions of the By-Law is guilty of an offense and on
conviction is liable to a fine as provided for in the Provincial
Offenses Act.
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In
addition to the imposing of a fine or other remedy, a court of
competent jurisdiction may upon conviction of an offense under this
By-law, issue an order prohibiting the continuation or repetition of
the violation by the person convicted.
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It is
hereby declared that each and every of the foregoing provisions of
this By-Law is severable and that, if any provisions of this By-Law
should for any reason be declared invalid by any Court, it is the
intention and desire of this Council that each and every of the
remaining provisions hereof shall remain in full force and effect.
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This
By-Law is not to be construed at any time in such a fashion as to hold
the Corporation or its officers liable for failing to ensure that
persons comply with the provisions of this By-Law.
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This
By-Law shall come into force and take effect on the day of its
passing.
READ A
FIRST AND SECOND AND THIRD TIME, passed, signed and sealed in Open
Council this 23rd day of June, 2003
____________________________
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MAYOR- Claude Cousineau CLERK- Jo-Anne McCaslin
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