LOBATSE TOWN COUNCIL (PUBLIC SEWER) BYE-LAWS
(section 6)
(11th September, 2009)
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 sewage disposal works
6. Prohibited discharges into public sewer system
7. Storm water not to enter public sewer
8. Sewage not to enter storm water drains
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. Legal action
17. Discharge of industrial or commercial trade effluent into public sewers
18. Alteration in discharge limits of trade effluent
19. Control of trade effluent
20. Metering and assessment of trade effluent
21. Installation of grease or oil interceptors
22. Monitoring facilities
23. Pre-treatment requirements
24. Protection against accidental discharges
25. Trade effluent agreements
26. Power of Council to revoke permits issued
27. Power of Council to take action against prohibited discharges
28. Power of Council to obtain information
29. Power of authorised officer to enter premises
30. Notice of contravention and penalties
31. Non-application of Town Council (Public Sewers) Regulations
Schedules
S.I. 79, 2009.
These Bye-Laws may be cited as the Lobatse Town 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*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.
(1) In these Bye-Laws, unless the context otherwise requires
"authorised officer" means a person authorised by the Council to inspect public sewers or pipes or drains connected therewith;
"Council" means the Lobatse Town Council established under the Act;
"drainage installation" means a system of drains, pipes and sewers used for the sewerage of a building, including any fitting, appliance or equipment connected thereto;
"foul water" means water contaminated by soil water, waste water or trade effluent;
"latrine" includes a privy, a urinal, an earth-closet or a water-closet;
"owner" in relation to immovable property, means the person or his agent receiving the rent or profits for any land or premises from the occupier thereof or a person who occupies or holds land in accordance with the 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" or "drain" means a pipe conveying foul water forming part of the sewerage or drainage installation of a building, including any pipe connecting to a drain or to a public sewer;
"soil water" means water containing excreted matter, whether human or animal;
"storm water" includes surface water or rain water;
"sludge" means a compound of solids with entrained water resulting from the processing of waste water by any combination of physical, chemical or biological processes;
"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, industrial, manufacturing, mining or by chemical processes or any laboratory, research or agricultural activity, and includes any liquid other than standard domestic effluent or storm water;
"toxic pollutant" means a concentration of any pollutants which upon exposure to or assimilation into any organism will cause adverse effects;
"waste water" means used water, not being soil water, trade effluent or storm water; and
"waste water treatment works" means an arrangement of any device, facility, structure, equipment or processes used for the purpose of the transmission, storage, treatment and disposal of waste 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 a building, a public sewer or a sewer connecting thereto 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 a 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 a 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
The Council may alter the size or course of any public sewer or discontinue and prohibit the use thereof by giving one month's notice:
Provided that the Council shall, at its expense, execute any work necessary to connect to another sewer the drainage installation of the users of the sewer under alteration or discontinued.
5. Power of Council to agree to adopt sewer or sewage 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 thereafter maintained by the Council.
6. Prohibited discharges into public sewer system
(1) A person shall not throw or empty or permit to be thrown or emptied into a public sewer or into any drainage installation connecting to a public sewer, any material which causes, threatens to cause or is capable of causing, either alone or by interaction with other substances
(a) an obstruction of flow in, or damage to the sewer system or any portion thereof;
(b) a threat to the life or safety of persons,
(c) a fire or explosion;
(d) strong or offensive odours, air pollution, or any noxious, toxic or malodorous gas or substance, or a gas producing substance;
(e) conditions inhibiting or preventing the effective maintenance and operation of the sewer system;
(f) interference with any waste water reclamation, or sludge re-use process which does or may operate in conjunction with the public sewer system, or which renders such reclamation or sludge re-use process impracticable or not feasible under normal operating conditions; or
(g) discolouration, or any adverse conditions in the quality of the effluent from the sewer such that receiving water quality requirements established by any statute, rule, regulation or permit conditions cannot be met.
(2) A person shall not discharge or cause or permit to be discharged, directly or indirectly into any sewer system or any part thereof, any toxic or poisonous substances or any other pollutant, which, in sufficient quantity, may
(a) constitute a hazard to human or animal life;
(b) injure or cause an interference with the waste water treatment process;
(c) create a hazard to human, animal life or fish in any waters receiving effluent from the public sewer system; or
(d) create a hazard in the use or disposal of waste water sludge or reclaimed water.
(3) A person shall not discharge or permit to be discharged into the public sewer system or any part thereof, any industrial waste water containing any of the toxic substances exceeding the concentrations set out in the First Schedule.
(4) Any person who contravenes any provisions of this bye-law shall be guilty of an offence and liable to a fine not exceeding P2000 and a further fine not exceeding P100 per day for each day on which the offence continues.
(5) Any person convicted of a second or subsequent offence shall be liable to a fine not exceeding P5000 or imprisonment for a period not exceeding 24 months or to both.
7. Storm water not to enter public sewer
A person shall not discharge or cause or permit the discharge, directly or indirectly, into the sewer system or any part thereof, any storm water, surface water, ground water, roof runoff or sub-surface drainage.
8. Sewage not to enter storm water drains
A person shall not discharge or cause or permit to be discharged, directly or indirectly, any sewage or foul water into a storm water drain, river, stream or other water course, whether natural or artificial.
9. Right to connect to public sewer
(1) Subject to the provisions of bye-law 11, an owner shall, at his or her own expense, be entitled to have the drainage installation of his or her premises connected to a public sewer.
(2) Notwithstanding the provisions of sub-bye-law (1), no person shall
(a) discharge, directly or indirectly, into the public sewer, any liquid or other matter
(i) from a factory or trade premises or a manufacturing process except with the written permission of the Council under bye-law 17; or
(ii) the discharge of which is prohibited under these bye-laws or any other enactment; or
(b) connect a drainage installation to a public sewer
(i) unless he or she satisfies the Council that the premises concerned have a sufficient supply of water; or
(ii) where the sewer is situated at a distance of more than 30 metres from the boundary of the premises.
10. Council to require connection to public sewer in certain circumstances
Where a public sewer and a sufficient supply of water is available and the Council is of the opinion that
(a) satisfactory provision has not been made for the hygienic and adequate disposal of foul water; or
(b) any cesspool, septic tank, latrine or appliance or equipment provided for the collection or disposal of foul water is defective or insufficient so as to be prejudicial to health or a nuisance, the Council may, within a specified time and at the owner's expense, require the owner to remove any latrine or non-waterborne system and replace the same with a water closet connected to the Council's sewerage system.
11. Procedure in respect of connection to public sewer
(1) A person who requires the drainage installation of his or her premises to be connected to a public sewer shall make an application, in writing, to the Council in the prescribed form as set out in the Third Schedule.
(2) Where the Council receives an application under sub-bye-law (1) it shall, within 21 days of the receipt thereof, advise the applicant in writing whether or not the application has been granted or rejected.
(3) A rejection of an application under sub-bye-law (1) shall be given in writing and shall state the reason therefor.
(4) Where an application is granted, the Council shall advise whether or not it intends to carry out, on behalf of the applicant, the work required.
(5) Where the Council intends to carry out the work under sub-bye-law (4) the applicant shall, before work commences, be required to pay the Council the cost thereof as estimated by the Council.
(6) Where the applicant carries out or causes to be carried out the work required, he or she shall give to the Council reasonable notice thereof in writing and shall accord to an authorised officer reasonable access to inspect the work.
(7) Every person connecting to the public sewer system shall construct the connection according to such requirements as may be made under the provisions of the Building Control Act (Cap. 65:02).
(8) The Council may order the owner of a building that has been connected to the sewer system or a building for which an order for connection to the sewer has been made to remove any latrine that has been installed on the premises on which the building is located or to destroy or fill septic tank(s) that have been previously used.
(9) A connecting drain, pipe or sewer constructed under the preceding provisions of this bye-law shall vest in the Council, and the maintenance, repair or renewal thereof shall, at the expense of the owner of the premises, be carried out by the Council.
(10) Any person who causes a drain, pipe or a sewer to be connected to a public sewer in contravention of the provisions of these bye-laws shall be guilty of an offence and liable to a fine of P200, and whether proceedings have or have not been taken in respect of that offence, the Council may close the connection in question and recover from the offender any costs incurred thereby.
(11) Where a payment made under sub-bye-law (5)
(a) exceeds the costs incurred, the Council shall repay the excess to the applicant; or
(b) is insufficient, the balance shall be recoverable from the person for whom the work was done.
The Council may, in its discretion and with the agreement of the owners concerned, permit the drainage installations of two or more buildings to connect with a public sewer by means of a common sewer or drain.
(1) The owner shall pay a sewerage connection fee at the rates set in the Second Schedule and shall enter into a sewerage service agreement with the Council after connection of the premises to the sewerage system.
(2) The owner shall pay annual sewerage service fees at the rates set out in the Second Schedule.
(3) The due date for the payment of any fees shall be 30 calender days from the date reflected on any statement sent by the Council.
(4) If the due date under sub-bye-law (3) lapses, a period of 90 calender days shall be allowed for the payment of any fees without interest, thereafter all arrears shall be subject to an interest rate of 12 per cent per month.
(5) The interest accrued on any arrears shall be calculated from the date on which the fee becomes overdue until the date of payment of the fee.
(6) In the case of change of ownership of the premises or of the postal address of any owner, the person who appears, from the Council records, to be the owner of the premises shall continue to be liable to pay the fees under these Bye-Laws unless he or she notifies the Council, in writing, of such change.
(7) The fees set out under these Bye-Laws may be reviewed at any time, at the discretion of the Council.
(1) The Council shall be responsible for the operation and maintenance of any sewer mains within the streets and public easements.
(2) The owner shall be responsible for the maintenance of the sewer line from the final inspection chamber within his or her property to any house on the property.
(3) Any maintenance or work carried out under sub-bye-law (2) shall be at the expense of the owner.
(4) In the event that any blockage exists between a Council manhole and an inspection chamber, the Council shall be responsible for clearing the blockage at no expense to the owner.
(5) Any work carried out on the Council sewer system shall take place with the approval of the Council.
15. Disconnection and re-connection
(1) The sewer line of the owner shall be disconnected and legal action shall commence against such owner if the period of 90 calender days referred to in bye-law 13(4) has lapsed without the owner having paid the fees under bye-law 13(1) and (2).
(2) A re-connection fee of P50 in respect of residential property and P100 in respect of commercial or industrial property shall be payable by the owner of the premises upon his or her request for the re-connection of his or her sewer line.
(3) A person shall not re-connect a sewer unless that person has paid in full all amounts due to the Council, including any re-connection fees.
(4) A person shall not obstruct any authorised person executing their duties in accordance with this bye-law.
Where legal action has been taken against the owner to recover any outstanding amounts due to the Council, a court of competent jurisdiction shall accept the presentation of documents reproduced by electronic or other means, in lieu of the original documents.
17. Discharge of industrial or commercial trade effluent into public sewers
(1) A person wishing to discharge industrial or commercial trade effluent into a public sewer shall make an application, to the Council in the form prescribed in the Fourth Schedule and shall include the following details
(a) the chemical composition, nature and volume of the effluent;
(b) a description of the industrial process or trade giving rise to the effluent;
(c) the number of persons employed on the premises; and
(d) such other information, including the submission of samples, which the Council may consider necessary.
(2) The discharge limits of trade effluent in public sewers shall be as prescribed in the First Schedule.
(3) Permission granted under sub-bye-law (1) shall not be reassigned or transferred or sold to a new owner, new user, different premises or changed operation.
18. Alteration in discharge limits of trade effluent
(1) The Council may, subject to the written approval of the Minister and to any condition which the Minister may think fit to impose, grant permission for the discharge into a public sewer, trade effluent from any premises or for any alteration in the rate, volume, quality or nature of any such discharge.
(2) A person permitted in terms of sub-bye-law (1) to discharge trade effluent into a public sewer shall, prior to any change in the nature or volume of that effluent, notify the Council in writing of the date on which it is proposed the change will take place and the Council may impose any additional conditions it may deem necessary.
(3) The Council may approve any change in volume of discharge or pollutant type or concentration, prior to discharge, where such discharges meet applicable pre-treatment standards and requirements or where such discharges would not cause a contravention of the wastewater treatment plant limitations and restrictions.
(4) Any person who discharges or causes or permits the discharge, directly or indirectly, of trade effluent into a public sewer without the prior written permission of the Council shall be guilty of an offence and liable to a fine not exceeding P5000 and to such charge as the Council may, with the approval in writing of the Minister, assess the conveyance and treatment of the effluent so discharged.
Notwithstanding any other provision of these Bye-Laws, the Council may, by notice in writing to the owner of any premises from which trade effluent is discharged, require him or her to execute, at his or her expense, any of the following
(a) before it is discharged into a public sewer, subject the effluent to such treatment as will in the opinion of the Council prevent a contravention of bye-law 6(1);
(b) restrict the discharge of effluent to specified hours and the rate thereof to a specified maximum and install a tank, appliance or other equipment necessary to comply therewith;
(c) in a drainage installation conveying trade effluent to a public sewer, construct one or more inspection, sampling or metering chambers of a material and dimension and in such a position as the Council may determine; or
(d) provide and maintain a meter which measures the total volume of water drawn from a borehole, a spring or other natural source which is used on the premises.
20. Metering and assessment of trade effluent
(1) The Council may incorporate in a drainage installation conveying trade effluent to a public sewer, in such a position as it shall determine, a meter or gauge or other device for the purpose of ascertaining the volume or composition of the effluent, and it shall be an offence for any person to by-pass, open, break into or otherwise interfere with or damage any such meter, gauge or device.
(2) The Council shall be entitled, in terms of sub-bye-law (1), to install and maintain, at the expense of the owner, a meter, gauge or other device.
21. Installation of grease or oil interceptors
(1) The Council may, by written notice to the owner of any business or establishment such as a restaurant, hospital, school, business cafeteria, a car wash or motor vehicle repair garage where there is a risk that wastewater of a greasy or oily nature may be discharged into a public sewer system, require such owner to have a grease or oil interceptor or trap of a size and design approved by the Council, to prevent oil or grease entering the public sewer.
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