FRANCISTOWN CITY COUNCIL (PUBLIC SEWER) BYE-LAWS

(section 6)

(27th August, 2010)

ARRANGEMENT OF BYE-LAWS

    BYE-LAW

    1.    Citation

    2.    Interpretation

    3.    Duty of Council to keep map showing sewers

    4.    Power of Council to alter or close public sewer

    5.    Power of Council to agree to adopt sewer or sewerage disposal works

    6.    Certain matter not to be passed into sewer

    7.    Storm water not to enter public sewer

    8.    Sewerage not to enter storm water drain

    9.    Right to connect to public sewer

    10.    Council to require connection to public sewer in certain circumstances

    11.    Procedure in respect of connection to public sewer

    12.    Common sewer or drain

    13.    Fees

    14.    Maintenance

    15.    Disconnection and re-connection

    16.    Discharge of trade effluent into public sewer

    17.    Control of trade effluent

    18.    Sampling and analysis of trade effluent

    19.    Installation off at, oil and grease interceptors

    20.    Penalties

        SCHEDULE I - Sewerage Connection Fees

        SCHEDULE II - Annual Sewerage Services Fee Rates

        SCHEDULE III - Trade Effluent Agreement

        SCHEDULE IV - Acceptable/Maximum Discharge Limits into Public Sewer

S.I. 82, 2010

1.    Citation

    These Bye-laws may be cited as the Francistown City Council (Public Sewer) Bye-laws*.

*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.

2.    Interpretation

    (1) In these Bye-laws, unless the context otherwise requires—

    "authorised officer" means a person authorised by the Council to inspect public sewers pipes or drains connected to the sewer pipes;

    "Council" means the Francistown City Council;

    "drainage installation" means a system of drains, pipes and sewers used for the sewerage of a building, including any fitting, appliance or equipment connected to the drains, pipes and sewers;

    "foul water" means water contaminated by soil water, waste water or trade effluent;

    "latrine" includes a privy, urinal, earth-closet or water-closet;

    "owner", in relation to immovable property, means the person or his or her agent receiving the rent or profits for land or premises from the occupier, or a person who occupies or holds land in accordance with terms of an agreement;

    "public sewer" means any piped sewer, ditch or water course for the passage of foul water, constructed or maintained by or vested in the Council;

    "sewer" means a pipe conveying foulwater, forming part of the sewerage or drainage installation of a building, including any pipe connecting a drain to a public sewer;

    "soil water" means water containing excreted matter, whether human or animal;

    "storm water" means surface water or rain water;

    "trade effluent" means liquid, either with or without particles of matter in suspension, which is wholly or in part produced in the course of trade, industry or research;

    "unit" means a latrine with regards to payment of annual services fees for commercial and industrial plots; and

    "waste water" means used water, not being soil water, trade effluent or storm water.

    (2) For the purposes of these Bye-laws, a building shall not be deemed to have a public sewer available except where there exists or there is, in the course of construction within 30 metres of the site of the building, a public sewer or a sewer connecting to a sewer at a suitable invert level which the owner of the building is entitled to use and a sufficient supply of water, except where such is laid on or where a supply can be connected from a point within 30 metres of the site of the building.

    Provided that, where the distance of a public sewer or the point from which a supply of water is available exceeds 30 metres, and the Council agrees to undertake the construction, at its expense, of a drain to connect to a public sewer or the laying of a pipe to the point of connection to a supply of water, the 30 metres limit shall not apply.

3.    Duty of Council to keep map showing sewers

    The Council shall keep deposited at its office for inspection by any person during normal working hours, a map showing and distinguishing each public sewer and any sewer in the course of construction within its area.

4.    Power of Council to alter or close public sewer

    (1) The Council may alter the size or course of any public sewer or discontinue and prohibit the use of the public sewer.

    (2) Subject to sub-bye-law (1), the Council shall, at its expense, execute any work necessary to connect to another sewer, the drainage installations of the users of the sewer under alteration or discontinued.

5.    Power of Council to agree to adopt sewer or sewerage disposal works

    The Council may enter into an agreement with any person constructing or proposing to construct a sewer or sewerage disposal works, to the effect that upon completion of the work to the satisfaction of the Council or on a specified date, the sewer or works shall be vested in and be maintained by the Council.

6.    Certain matter not to be passed into sewer

    (1) A person shall not throw, empty or permit to be thrown or emptied into a public sewer or into any drainage, installation or sewer connecting to a public sewer, any—

    (a)    matter which is likely to cause damage to the fabric of the sewer or interfere with the free flow of its contents;

    (b)    chemicals, refuse or waste stream, or liquid which alone or in combination with the contents of the sewer, is dangerous or would cause a nuisance or be prejudicial to health;

    (c)    petroleum product, carbide or calcium; or

    (d)    radio active substance.

    (2) A person who contravenes any provision of this bye-law commits an offence and is liable to fine not exceeding P100 for each day on which the offence continues.

7.    Storm water not to enter public sewer

    A person shall not discharge or cause or permit the discharge, directly or indirectly, of storm water into a public sewer.

8.    Sewerage not to enter storm water drain

    A person shall not discharge, cause or permit the discharge, directly or indirectly, of any sewerage or foul water into a storm water drain, a river, a stream or other water course, whether natural or artificial.

9.    Right to connect to public sewer