PRINCE EDWARD ISLAND
MUNICIPAL SEWERAGE UTILITIES
GENERAL RULES & REGULATIONS
(Office Consolidation)
—October 27, 1993—
Last Updated: 2010-07-27
– NOTICE –
This edition is prepared for convenience only.
For accurate reference, recourse should be made to the
official versions published in the Royal Gazette
These Rules and Regulations are made and approved by The Island
Regulatory and Appeals Commission under authority of the
Water and Sewerage Act, R.S.P.E.I. 1988, Cap. W-2
These Rules and Regulations do no apply to municipal utilities
operating in Charlottetown, Summerside, Cornwall or
Stratford. These utilities are exempt from the
jurisdiction of the Commission.
Contents
3.1 Disputes
3.2 Application for Service
3.3 Plumbing Permit
3.4 Plumbing to be Satisfactory
3.5 Refusal of Service
3.6 Condemned Premises
3.7 Season for Laying Pipe
3.8 Access to Customer’s Premises
3.9 Interference with Utility Property
3.10 Repair of Leaks
3.11 Suspension of Service for Violation
3.12 Suspension of Service
3.13 Liability of the Utility
3.14 Jurisdiction of the Utility
4.1 Individual Service
4.2 Individual Domestic or Housing Establishment
4.3 Security Deposits
4.4 Deposits on Custom Work
4.5 Non-Negotiable Cheques
4.6 Service Pipes
4.7 Cost of Service Pipes
4.8 Cost of Oversized Service Pipes
4.9 Relocation of Service
4.10 Multiple Service Connections
4.11 Duplicate Municipal Servicing
4.12 Service Outside Municipal Limits
4.13 Unauthorized Extensions, Additions or Connections
4.14 Repairs to Service Lines
4.15 Sewerage Line Check Valve
4.16 Prohibited Sewage
5.1 Payment of Bills
5.2 Prorating of Rates
5.3 Number of Billings
5.4 Suspension of Service for Non-Payment of Bills
5.5 Delayed Payment Charge
5.6 Owner of Premises Billed
5.7 Rates During Vacancy
5.8 Multiple or Joint Use Premises
5.9 Municipal Departments
5.10 Payments Re Adjoining Municipalities
6.1 Customer Contributions
6.2 Customer Contribution Frequency
6.3 Corner Lots
6.4 Orderly Extension of Services
6.5 Individual Service Extensions
6.6 Extensions Over Private Property
6.7 Extensions Through Public Rights-of-Way-Intersections
6.8 Extensions Past Municipal Land
6.9 Extensions Past Vacant Property-Liens
6.10 Interest on Liens
6.11 Contracted Work
6.12 Use of Independent Contractors
6.13 Signed Agreements
6.14 Service Laterals
Part 1 – Application
1.1 As required by the Water and Sewerage Act, Section 16, the following Rules and Regulations have been approved by The Island Regulatory and Appeals Commission for application by all municipal sanitary sewerage utilities.
1.2 These Rules and Regulations are subject to the Water and Sewerage Act as well as to directives of and special contracts approved by The Island Regulatory and Appeals Commission.
Part 2 – Interpretation
2.1 In these Rules and Regulations, unless the context otherwise requires, the expression:
Commission means The Island Regulatory and Appeals Commission.
Customer means a person, firm or corporation who or which requests or is supplied sewerage service at a specific location or locations.
Domestic Service means the type of water or sewerage or water and sewerage service supplied to the owner or his authorized agent or to the occupant or tenant of any space or area occupied for the distinct purpose of a single-family house, each unit of a multiple dwelling, individual apartment, flat and the like, furnished with separate kitchen facilities provided with running water.
Due Notice means the requirement that forty-eight (48) hours written notice be given by the utility to a customer before any action is taken against the customer for failure to comply with any of these Rules and Regulations.
General Service means any type of water or sewerage service other than domestic service, fire protection service and municipal service.
Municipality means the corporation into which the residents of an area have been incorporated as a municipality.
Service means sanitary sewerage service.
Shall in the context of these Rules and Regulations means the imperative and that an act must be done.
Utility means the sewerage utility of a municipality.
Part 3 – General
3.1 Disputes
If any dispute arises between the Utility and a customer over the interpretation or application of these Rules and Regulations, either party may refer the matter to the Commission for decision, and the Commission may, notwithstanding anything contained in these Rules and Regulations, make such order as it may deem appropriate.
3.2 Application for Service
The Utility may, before rendering service, require an application form signed by a prospective customer.
3.3 Plumbing Permit
In the case of an owner of an existing building or premises applying for service, no service shall be provided until the Utility has been provided with a Certificate of Approval issued by the Plumbing Inspector.
3.4 Plumbing to be Satisfactory
All plumbing, pipes, fittings, vents, fixtures and other devices for conveying, distributing, controlling or utilizing water or sewerage which are used by a customer and are not the property of the Utility shall be installed according to the requirements of the current edition of the Canadian Plumbing Code. Except for construction or testing purposes, the water shall not be turned on until the applicant for service has satisfied these requirements. Supply of service may be refused or discontinued to any customer at any time, if, in the opinion of the Utility, the plumbing, pipes, fittings, vents, fixtures and other devices are herein before mentioned, or any of them, fail to comply with the above requirements, or if any part of the sewerage system of such customer is in any unsuitable, dirty, unsanitary or inaccessible place. Service shall not be re-established until such condition is corrected to the satisfaction of the Utility.
3.5 Refusal of Service
Service shall be refused or suspended to any customer who has failed to discharge any of his liabilities to the Utility.
3.6 Condemned Premises
Services shall be immediately discontinued to any property condemned under any Federal or Provincial statute or municipal bylaw.
3.7 Season for Laying Pipe
The Utility shall not, on application or otherwise, lay any sewerage pipe at any season of the year which, in the opinion of the Utility, is deemed unsuitable for such construction.
3.8 Access to Customer’s Premises
Representatives of the Utility shall have the right of access to a customer’s property or premises at all reasonable hours for the purpose of inspecting any sewerage pipes or fittings, or appliances. The Utility shall have the right to suspend service to any customer who refuses such access.
3.9 Interference with Utility Property
No person, unless authorized by the Utility in writing, shall open, close, cut, break or in any way injure or interfere with any sewerage pipe or main or other property of the Utility, or obstruct the free access to the building.
3.10 Repair of Leaks
Leaks due to broken sewerage services, or other causes shall be promptly repaired. If, after being notified, a customer refuses or unduly delays in having the repairs or alterations made, the Utility may suspend the service if, in its opinion, such action is necessary to prevent improper use or wastage of the service.
3.11 Suspension of Service for Violation
Whenever, in the opinion of the Utility, violation of any of these Rules and Regulations is existing or has occurred, the Utility may cause the service to be suspended from the premises where such violation is existing or has occurred and may keep the same so suspended until satisfied that the cause for such action has been removed.
3.12 Suspension of Service
In every case calling for a suspension of service, due notice must be given to the customer concerned.
3.13 Liability of the Utility
3.13.1 The Utility shall endeavor to maintain reasonable continuity of service. If the service is interrupted, the cause of such interruption or other condition shall be removed or corrected and normal operating conditions restored as soon as possible.
3.13.2 The Utility shall not be responsible for any damage, direct or consequential, loss or liability that a customer may sustain by reason of interruption of service, intermittent flow of the sewerage system or flooding of basements as a result of stoppages in the sewerage system unless caused by the negligence of the Utility.
3.13.3 Interruptions in service shall not relieve the customer from any charge for service.
3.14 Jurisdiction of the Utility
The Utility shall have jurisdiction over all services and extensions including those on a customer’s premises up to and including the first clean out point immediately inside the premises.
Part 4 – Services
4.1 Individual Service
Except with the special written approval of the Utility, each separate residential building or premises, not including multiple apartment buildings exceeding two (2) units, shall have a separate sewerage connection directly to the sewerage main.
4.2 Individual Domestic or Housing Establishment
In case of a dispute, an individual domestic or housing establishment shall be deemed to exist where separate kitchen facilities with running water are provided.
4.3 Security Deposits
Each applicant for service may be required to deposit with the Utility a sum of money equal to the estimated charges for four (4) month’s service. The deposit shall be held by the Utility as collateral security for the payment of its bills. When this deposit is held, at the option of the Utility, for a period in excess of one (1) year, simple interest at a rate based on the nearest one-half percent (1/2%) of the bank’s prime lending rate as of the first (1st) banking day of each year shall be credited to the account when refunded. The deposit, less any amount owed the Utility, shall be returned to the customer after service has been discontinued and upon the surrender of the deposit receipt.
4.4 Deposits on Custom Work
Whenever a customer requests that the Utility do work for which such customer is required to pay, and the Utility agrees to do the work, the Utility may require, before the work is started, a sum of money equal to the Utility’s estimate of the probable cost of the said work. When the actual cost is determined, an adjustment in payment shall be made. Service shall not be established or continued by the Utility until all charges are paid.
4.5 Non-Negotiable Cheques
A charge of ten dollars ($10.00) may be made for each non-negotiable cheque.
4.6 Service Pipes
Upon receipt of an application for service to any premises located on any portion of a street within the service area of the Utility, which is served by a main sewerage pipe, and which premises are not already provided with service, the Utility shall install or permit to be installed a sewerage connection which it considers to be of a suitable size and capacity. The customer may engage an independent contractor to install connections which the Utility considers to be of a suitable size and capacity. No sewerage pipe less than 100 mm in diameter shall be laid for any sewerage connection. Any work carried out by an independent contractor for the customer shall be under the inspection and supervision of the Utility. An inspection fee of twenty dollars ($20.00) shall apply to work installed by an independent contractor.
4.7 Cost of Service Pipes
In cases where mains are existing, the cost of supplying and laying a 100 mm sewerage connection pipe between the main and the property line of the property to be served shall be paid by the Utility. From the property line to the premises, the cost shall be paid by the customer.
4.8 Cost of Oversized Service Pipes
In cases where mains are existing, for water services larger than 100 mm the whole cost shall be borne by the customer, less the cost of a 100 mm pipe connection from the main to the property line.
4.9 Relocation of Service
After service has been installed by the Utility, no relocation of, or alteration to, the portion of the service installed shall be made except at the expense of the customer or other persons requesting such removal or alteration.
4.10 Multiple Service Connections
In the event of more than one (1) service being required to the same property, such as a sprinkler system connection or an additional general service connection or connections, the full cost of the additional services to the system mains, any necessary repairs and maintenance to the additional services between the main and the customer’s premises and any necessary repairs and replacement to any portion of the streets or sidewalks of the municipality damaged in providing such additional services shall be paid by the customer. The decision as to the necessity of the additional services shall be made by the Utility.
4.11 Duplicate Municipal Servicing
In the case of adjacent municipalities, there shall be no duplication of service. Streets which form the borderline between such municipalities shall be serviced by one (1) sewerage utility only. In every case where service is to be provided by another municipality, approval shall be obtained in writing from the municipality in which the customer is located and further approved by the Commission before construction is commenced.
4.12 Service Outside Municipal Limits
Provided Utility service is available, customers outside municipal limits may be supplied with service. The complete cost for service from the existing main shall be at the customer’s expense.
4.13 Unauthorized Extensions, Additions or Connections
No person shall, without the written consent of the Utility, make or cause to be made any connection to any pipe or main or any part of the sewerage system of the Utility or in any manner other than as set out in these Rules and Regulations.
4.14 Repairs to Service Lines
If a leak, stoppage or other trouble occurs on a sewerage line, it shall be repaired as soon as possible.
The following work shall be carried out at the expense of the Utility:
(i) Repairs necessitated by a leak or other trouble occurring between the sewerage main and the property line.
(ii) Repairs necessitated by a leak or other trouble occurring between the property line and the customer’s premises which has been caused by the installation having insufficient grade or as a result of poor workmanship.
(iii) Repairs necessitated by tree roots occurring between the sewerage main and the property line.
The following work shall be carried out at the expense of the customer:
(i) Repairs necessitated by normal wear and tear occurring between the property line and the customer’s premises.
(ii) Repairs necessitated by any stoppage attributable to the improper use of the sewerage facilities occurring between the main and the customer’s premises.
(iii) Repairs necessitated by tree roots occurring between the property line and the customer’s premises.
4.15 Sewerage Line Check Valve
In the case of a building so located that any plumbing fixture in the building is below street level or so as to be affected by a back flow on the sewerage line, such premises shall be provided with a suitable check valve. The complete cost of the check valve shall be borne by the customer. A utility shall give notice on an annual basis to all customers of the necessity of installing a sewerage line check valve. If, after the issuance of such notice, the customer chooses not to install a check valve and a backup occurs in the customer’s premises, the customer shall be responsible for any damages sustained.
4.16 Prohibited Sewage
No person shall discharge or permit or cause to be discharged directly or indirectly into any sanitary or combined sewer any of the following:
(i) Storm water, surface water, ground water, roof run-off, surface drainage or the like.
(ii) Matter having a temperature of more than 66°C.
(iii) Gasoline, benzene, naptha, fuel oil, motor oil, grease, acetone, solvents or other flammable or explosive matter.
(iv) Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, cellulose, garbage, excluding properly shredded garbage, or other solids of a type or quantity capable of causing obstruction to the flow in sewers or other interference with the proper operation of pumping facilities or sewage treatment equipment.
(v) Matter having a pH lower than 5.5 or higher than 9.5 or where the pH becomes lower than 5.5 or higher than 9.5 if the matter is diluted by any liquid.
(vi) Matter that may cause the death or injury to any person or capable of causing damage or hazard to structures, equipment or personnel of the sewage works.
(vii) Hydrogen sulphide, carbon bisulphide, ammonia, trichloroethylene, sulphur dioxide, formaldehyde, chlorine, bromine, pyridine or any other matter that has or may cause an offensive odour or is capable of creating a public nuisance.
(viii) Any matter in which the BOD exceeds three hundred (300) parts per million.
(ix) Animal wastes such as hair, wool, fur, feathers, intestines or stomach casings, paunch manure, intestinal contents, hides or parts thereof, hooves, toenails, horns, bones and fleshings.
(x) Matter containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process or constituting a hazard to humans or animals. Included in this category are waters or wastes containing metals or chemicals such as cyanide, hexavalent chromium, phenols, copper whose concentrations are more than:
Chromium as Cr (hexavalent) 3 ppm
Cyanide as HCN 2 ppm
Phenol equivalents (primary treatment) 50 ppb
Phenol equivalents (secondary treatment) 100 ppb
Copper as Cu 1 ppm
Part 5 – Billing and Metering
5.1 Payment of Bills
Unless otherwise ordered by the Commission and subject to anything else in the Rules and Regulations, bills for all classes of service shall be rendered to each customer monthly, quarterly, semi-annually or annually, at the option of the Utility. Unmetered customers shall be billed in advance. All bills shall be payable within thirty (30) days after the date rendered and if not so paid shall be deemed to be in arrears.
5.2 Prorating of Rates
In the case of a customer not receiving service for a full billing period, the flat rate or base charge shall be computed on a pro-rata basis for the period involved.
5.3 Number of Billings
No customer shall be billed more than twelve (12) minimum charges in any twelve (12) month period.
5.4 Suspension of Service for Non-Payment of Bills
The Utility may suspend service to unmetered customers whose bills remain unpaid for more than sixty (60) days and metered customers whose bills remain unpaid for more than thirty (30) days after the date rendered, provided that due notice is given.
5.5 Delayed Payment Charge
All bills shall be computed according to the rates fixed by the Commission, and if any bill is not paid within thirty (30) days after the date rendered, as indicated by the postmark, or such date as may be clearly shown upon the bill, whichever is the later, it shall be subject to a delayed payment charge. The charge shall be equal to two percent (2%) per month of the amount of such bill, but in no case shall the amount of the penalty be less than twenty-five cents ($0.25).
5.6 Owner of Premises Billed
At the option of the Utility, charges for service may be billed to the owner of the premises.
5.7 Rates During Vacancy
In the case of a premises being vacant, the owner shall be billed for the period until the new tenant becomes responsible for the service.
5.8 Multiple or Joint Use Premises
Billing of multiple or joint use premises may be carried out either by billing each individual customer according to the applicable rate schedule or by billing the total premises, at the option of the Utility.
5.9 Municipal Departments
Sewerage facilities used by the municipality for any purpose shall be billed to the municipality by the Utility at the rates and charges established herein and under these Rules and Regulations.
5.10 Payments Re Adjoining Municipalities
Unless otherwise ordered by the Commission, customers located in one (1) municipality and receiving service from another municipality, shall pay charges in accordance with the rates prescribed for the municipality in which they are located. The utility in the municipality in which such customer is located shall be billed and be responsible for the payment of charges to the adjoining utility for such services as may be provided by that utility.
Part 6 – Extension of Services
6.1 Customer Contributions
Unless otherwise ordered by the Commission, property owners or customers shall, in cases where service is not available, contribute towards the cost of extending mains, including service laterals to the property line, on the following basis:
In the case of sewerage service, ninety percent (90%) of the total cost.
Such contributions shall, in cases of developed, unserviced land, be based on a property owner’s lot frontage in relation to the total frontage of the service extension.
6.2 Customer Contribution Frequency
A customer contribution shall not be made more than once in the case of a sewerage line on any frontage. No charge shall be made where service has been provided in the past.
6.3 Corner Lots
In the case of a corner lot, if service is placed on more than one (1) side, the owner shall contribute towards the cost of the longest side only.
6.4 Orderly Extension of Services
The Utility shall provide service facilities to new street extensions or development areas on an orderly and following basis only. If any person is desirous of obtaining service when not available on this basis, such service may be provided to the person by the person paying, in addition to the charges set forth in Regulation 6.1, the full cost of the construction from the existing main to the new street extension or development area.
6.5 Individual Service Extensions
Where extensions of individual services are being provided, the property owner or customer shall be billed only for the size of the mains required to give adequate service to the premises concerned. The Utility shall be responsible for the additional costs incurred.
6.6 Extensions Over Private Property
In cases where service extensions are required over private property to serve other than owners of that property, such extensions shall be subject to separate negotiation and agreement between the Utility, the customer and the property owner.
6.7 Extensions Through Public Rights-of-Way-Intersections
The total cost of service extensions through public rights-of-way or intersections in new development areas shall be allocated in accordance with Regulation 6.1. In other areas, the total cost shall be borne by the Utility.
6.8 Extensions Past Municipal Land
The total cost of service extensions past municipal land in new development areas shall be allocated in accordance with Regulation 6.1, with the Utility’s share of the costs charged against the municipality. In other areas, the total cost shall be charged against the municipality.
6.9 Extensions Past Vacant Property—Liens
In situations where service facilities are extended past lots not requiring service at the time of the extension, but capable of being served, the Utility may place a lien against the property and that part of the construction need not be paid until service is provided, the property is sold, or five (5) years have elapsed since the completion of the extension covered by the lien, whichever occurs first.
6.10 Interest on Liens
In cases where the utility charges a lien against a property, interest at a rate of two (2) percentage points above a rate based on the nearest one-half (0.5%) of the bank’s prime lending rate as of the first (1st) banking day of each year shall be charged against the property.
6.11 Contracted Work
Where the Utility does not carry out its own construction, any contract work shall be done for, on behalf of, and with the approval in writing of the Utility.
6.12 Use of Independent Contractors
In a case where construction is to be carried out on behalf of the Utility by an independent contractor, the customer is to be party to any decision relative to accepting any quotation by the Utility, or alternately, the Utility may allow the customer to have plans and specifications prepared, and after being approved by the Utility, an acceptable contractor shall be authorized by the Utility to proceed with construction under its inspection and supervision. An inspection fee of twenty dollars ($20.00) shall apply to laterals installed by an independent contractor.
6.13 Signed Agreements
Where construction is estimated to cost in excess of one thousand dollars ($1,000.), a signed agreement shall be entered into between the Utility and the customer. Where construction is estimated to cost less than this amount, the Utility may require a signed agreement between itself and the customer.
6.14 Service Laterals
In the case of service extensions, laterals, from mains to property lines, shall be installed when mains are installed.