Water and Sanitation Services By-law, 2023
- Published in Western Cape Provincial Gazette 8803 on 28 July 2023
- Assented to on 27 July 2023
- Commenced on 28 July 2023
- [This is the version of this document from 28 July 2023 and includes any amendments published up to 23 August 2023.]
1. DefinitionsIn this by-law, unless the context otherwise indicates—"accommodation unit" in relation to any premises, means a building or section of a building occupied or used or intended for residential occupation;"Act" means the Water Services Act, 1997 (Act 108 of 1997) and regulations promulgated in terms of it;"air gap" means the unobstructed vertical distance through the free atmosphere between the lowest opening from which any pipe, valve or tap, supplies water to a tank or fitting or other device, and the overflow level thereof;"alternative water" means water sourced from a supply other than municipal water, including;—(a)grey water,(b)rainwater,(c)treated effluent;(d)surface water; and(e)water from a borehole, well, well-point or spring;"approved" means approved by the municipality in writing unless otherwise stated;"authorised official" means an employee of the municipality or any other person who is appointed or authorised thereto by the municipality to perform any act, function or duty related to the provisions of this by-law, or exercise any power in terms of this by-law;"backflow" means the flow of water in any pipe or fitting in a direction opposite to the normal direction of flow;"backflow preventer" means a reduced pressure zone (RPZ) device, which is a type of backflow prevention device used to prevent backflow and to protect water supplies from contamination;"back siphonage" means the backflow resulting from pressures lower than atmospheric pressure in the water installation;"basic sanitation" means the minimum standard of safe and hygienic sanitation services and sewage disposal rendered to households, prescribed in terms of the Act, under regulation 7.2 of Government Notice No R982 of 8 September 2017;"basic water supply" means the minimum standard of water supply services necessary for the reliable supply of water to households to support life and personal hygiene, prescribed in terms of the Act, under regulation 5.2.2 of Government Notice R982 of 8 September 2017;"best practicable environmental option" means in compliance with NEMA, the option that provides the most benefit or causes the least damage to the environment as a whole, at a cost acceptable to the community, in the long term as well as in the short term;"borehole" includes a well, well-point, spring, or any artificially constructed or improved underground cavity which can be used for the purpose of—(a)locating, intercepting, collecting or storing water in or removing water from an aquifer;(b)observing and collecting data and information on water in an aquifer; or(c)recharging an aquifer;"Building Regulations" means the National Building Regulations made in terms of the National Building Regulations and Building Standards Act, 1997 (Act 103 of 1977) as amended;"business unit" in relation to any premises means any building or section of a building occupied or used, or intended to be used for purposes other than residential occupation;"capacity" in relation to a storage tank means the volume of the tank between the full operating water level below overflow level of the tank and the invert of the outlet pipe from the tank;"cleaning eye" means any access opening to the interior of a discharge pipe or trap provided for the purposes of internal cleaning;"combined installation" means a water installation used for fire-fighting and domestic, commercial or industrial purposes;"communal sewer" means a sewer main and connecting sewers in respect of which a group of consumers or owners constituted themselves as a body prepared to assume responsibility, and has signed an agreement accepting responsibility, for the operation, maintenance and repair of a communal sewer; also known as a private combined sewer system;"communal water services work" means a consumer water connection, also known as a private combined consumer water connection, through which water services are supplied to more than one person in respect of which a group of consumers or owners constituted themselves as a body prepared to assume responsibility, and has signed an agreement accepting responsibility, for the operation, maintenance and repair of the communal water services."competent person" means a person who is qualified by virtue of his education, training, experience and contextual knowledge to make a determination regarding the installation of fire fighting services and equipment;"compliance notice" means any notice issued by an authorised official under this by-law which instructs the person to whom it is issued to comply with the terms of the notice;"connection" means the point at which a consumer may legally connect to water services supplied by the municipality;"connection manhole (sewer)" means the access structure, constructed of brickwork, concrete or fibre cement sections, which provides access for inspection or maintenance by the municipality or owner; the connection manhole must be located at the end of the municipal connection and beginning of the private or private combined sewer system and is normally located one metre inside the property involved;"connection pipe" means a pipe, including the water meter and municipal stop valve, the ownership of which is vested in the municipality and installed by it for the purpose of conveying water from a main to a water installation, and includes a "communication pipe" referred to in SANS 10252;"connecting point" means the connecting manhole or a similar installation point approved by the municipality at which a drainage installation joins the connecting sewer;"connecting sewer" means a pipe owned by the municipality and installed by it for the purpose of conveying sewage from a drainage installation on any premises, to a sewer beyond the boundary of those premises, or within a servitude area, or within an area covered by a wayleave or other type of agreement;"conservancy tank" means a covered watertight tank used for the reception and temporary retention of sewage and which requires emptying at intervals;"consumer" means—(a)any owner or occupier of premises to whom, and in respect of which premises, the municipality—(i)has agreed to provide water supply or sanitation services;(ii)is actually providing water supply or sanitation services;(iii)has entered into an agreement with the municipality for the provision of water or sanitation services to or on such premises.(b)where water supply or sanitation services are provided through a single connection to a number of accommodation units or consumers or occupiers, means the person to whom the municipality agreed to provide such water services;(c)any end-user who receives water supply or sanitation services from the municipality or another water supply or sanitation services institution; or(d)a person that obtains access to water supply or sanitation services provided through a communal water services work;"domestic purposes" in relation to the supply of water means the general use of water supplied for personal and residential uses, including health and hygiene, drinking, ablution, culinary, household and garden maintenance;"drain" means that portion of the drainage installation that conveys sewage within any premises;"drainage installation" means a system situated on any premises the ownership of which is vested in the owner of such premises up stream of the connection point at the municipal main sewer, including the connecting manhole, which is used for or intended to be used for or in connection with the reception, storage, treatment or conveyance of sewage or other form of wastewater on such premises to the connecting point, and includes a drain, a fitting, an appliance, a septic tank, a conservancy tank, a pit latrine and a private pumping installation forming part of or being ancillary to such system;"drainage work" includes any drain, sanitary fitting, water supplying apparatus, waste or other pipe or any work connected with the discharge of liquid or solid matter into any drain or sewer or otherwise connected with the drainage of any premises;"duly qualified sampler" means a person who takes samples for analysis from the water systems, sewage disposal and storm water disposal systems and from public waters and who has been certified to do so by an authorised official;"dwelling unit" means an interconnected suite of rooms designed for residential purposes and occupation by a single household, regardless of how many persons comprise the household and irrespective of whether the dwelling unit is a single building or forms part of a building containing two or more dwelling units;"ECA" means the Environment Conservation Act, 1989 (Act No. 73 of 1989) and any regulations made in terms thereof, or any superseding legislation;"ECSA" means the Engineering Council of South Africa;"effluent" means any liquid, whether or not containing matter in solution or suspension, which is discharged from any premises directly or indirectly into a drainage work;"effluent standards" means the standards for effluent prescribed in Government Notice No. 982 of 8 September 2017 or any superseding legislation;"EIA" means an environmental impact assessment as contemplated in NEMA or the ECA and further in accordance with the EIA Regulations as published in Government Notice R982 of 4 December 2014"engineer" - means a qualified engineer, technologist or technician that is a full-time employee of the municipality with delegated powers to act in respect of the applicable function;"emergency" means any situation that poses a risk or potential risk to life, health, the environment, or property, or declared to be an emergency under any law;"environmental restoration cost" means the total cost of all measures necessary to restore the environment to the condition it had been in prior to an incident that resulted in it having been damaged and in the event of this not being possible the value of the cost benefit that was lost through the damage to or destruction of the environment;"fire hydrant" means a water installation that conveys water intended for fire-fighting purposes only and which shall be in accordance with SANS 10400-W;"fixed quantity water delivery system" means a water installation, which delivers a fixed quantity of water to a consumer in any single day by means of an orifice plate or flow measuring device;"flood level (1 in 50 year)" means that level reached by flood waters resulting from a storm of a frequency of 1 in 50 years;"flood plain (1 in 50 year)" means the area subject to inundation by flood waters from a storm of a frequency of 1 in 50 years;"french drain" means a soil soak pit for the disposal of sewage and effluent from a septic tank;"general installation" means a water installation which conveys water for a combination of domestic, commercial and industrial purposes;"grey water" means wastewater resulting from use of water for domestic purposes including bath, shower, bathroom sink and washing machine water and specifically excluding:(a)kitchen water due to its fat content; and(b)water containing human excreta;"household" means the family unit of persons, or individuals, in occupation of a building or part of a building, designed for residential occupation by such family unit, or individuals;"illegal connection" means a connection to any system, by means of which water services are provided that is not authorised or approved by the municipality or paid for as calculated by the municipality;"industrial effluent" means any liquid, whether or not containing matter in solution or suspension, which is generated as a result of any trade, manufacturing, mining, chemical, other industrial process, in any laboratory, in the course of research, agricultural activity, matter discharged from a waste grinder and includes any liquid or effluent emanating from the use of water, other than standard domestic effluent or storm water, and "trade effluent" bears the same meaning;"industrial purposes" means water supplied to any premises which constitutes a factory as defined in the General Administrative Regulations, published in terms of the Occupational Health and Safety Act, 1993 (Act 85 of 1993) including the use of water for purposes of mining, manufacturing, retailing and service industries, generating electricity, land-based transport, construction or any related purpose;"installation work" means any work done in respect of a water services installation including construction, rehabilitation, improvement and maintenance;"interest" means a levy with the same legal property as service fees and calculated in terms of this by-law on all amounts in arrears in respect of prescribed fees for water services at a standard rate equal to an interest rate as determined by the Customer Care, Credit Control, Debt Collection by-law and Indigent Support by-law of the Municipality; (Credit Control by-law and Policy)"main" means a pipe, other than a connection pipe, of which the ownership vests in the municipality and which is used by it for the purpose of conveying water to any number of consumers;"manhole" means an access chamber of such depth and dimensions that allows a person access to the interior of the sewer for the purposes of maintenance and internal cleaning thereof;"measuring device" means a water meter, any method, procedure, process, device, apparatus, or installation that enables the quantity and/or quality of water services provided to be quantified or evaluated including an estimation or assumption;"meter" means a water meter as defined in the Legal Metrology Regulations promulgated in terms of the Legal Metrology Act, 9 of 2014, or, in the case of a water meter of a size greater than 100 mm, a device which measures the quantity of water passing through it, or a measuring device including a pre-payment meter or borehole meter, any of which must be approved by the SABS;"municipality" means—(a)the Drakenstein Municipality established in terms of sections 12 and 14 of the Local Government Municipal Structures Act, 1998 (Act. No 117 of 1998), Provincial Notice No. 488 dated 22 September 2000 or its successors in title, and includes any structure or person exercising a delegated power or carrying out an instruction in terms of this by-law and legislation applicable to Local Government; or(b)a service provider appointed or approved by the Municipality fulfilling a responsibility under this by-law, assigned to it in terms of section 81(2) and 82(1)(c) of the Local Government Municipal Systems Act 2000, (Act 32 of 2000) or any other law, as the case may be;"municipal service" means the municipal service relating to the provision of water services by the municipality or a service provider on behalf of the municipality, in accordance with this by-law;"National Water Act" means the National Water Act, 1998, (Act 36 of 1998);"NEMA" means the National Environmental Management Act, 1998 (Act 107 of 1998);"nuisance" means any condition, thing, act or omission which is offensive such as bad odours or injurious or which tends to prejudice the safety, good order, peace or health of one or more of the residents or the environmental health in any particular locality within the area of the Municipality, or the rights, or reasonable comfort, convenience or quiet of the occupants of any area within the Municipality's jurisdiction;"occupier" means a person who occupies any premises or part thereof, without regard to the title under which he so occupies the premises and includes—(a)any person in actual occupation of those premises;(b)any person legally entitled to occupy those premises;(c)in the case of those premises being subdivided and let to lodgers or various tenants, the person receiving the rent payable by such lodgers or tenants whether on the person's own account or as agent for any person entitled thereto or interested therein;(d)any person having the charge of or management of those premises, and includes the agent of any such person when the person is absent from the Republic of South Africa or his whereabouts are unknown; or(e)the owner of those premises;"on-site sanitation services" means a conservancy tank, septic tank, chemical toilet, urine diversion system, "VIP" or related systems other than water borne sewerage disposal through a sewerage disposal system;"operating level" means the level of water reached in a storage tank when the valve controlling the inlet of water to the tank closes under normal operating conditions;"owner" includes—(a)the person in whom the legal title to the property is vested, including, but not limited to, the registered owner according to the title deed;(b)where the person in whom the legal title to the property is vested is insolvent or dead, or is under any form of legal disability whatsoever, the person in whom the administration and control of such property is vested as curator, trustee, executor, administrator, judicial manager, liquidator or other legal representative;(c)in any case where the municipality is unable to determine the identity of such person, a person who is entitled to the benefit of such property or a building or buildings thereon; and(d)in the case of properties for which a lease agreement of ten years or longer has been entered into and registered in the Deeds Office, the lessee thereof;(e)in relation to(i)a piece of land delineated on a sectional plan registered in terms of the Sectional Titles Act, 1986 (Act 95 of 1986), the developer or the body corporate in respect of the common property; or(ii)a section as defined in such Act, the person in whose name the relevant unit is registered under a sectional title deed, and includes the lawfully appointed representative of such person;(f)the person who has purchased immovable property from the municipality, in terms of a scheme that allows for the purchase price to be paid in instalments and who has not received transfer from the municipality;(g)any person who acquires any right to land by virtue of the provisions of any law applicable in the Province of the Western Cape;"owner's water installation" means all the pipe work, consumers' stop-valve and water fittings installed by the consumer for connecting into the water installation of the municipality;"permit holder" means a person who has obtained the written permission of the Engineer to discharge or cause or permit to discharge industrial effluent into the sewage disposal system;"person" means any natural person, local government body or like authority, a company incorporated under any law, a body of persons whether incorporated or not, a statutory body, public utility body, voluntary association or trust;"pollution" means the introduction of any substance into public water, (e.g. river, stream or dam) a storm water system, the water supply system, a water installation or a water resource that may directly or indirectly alter the physical, chemical or biological properties of the water found therein so as to make it—(a)less fit for its normally intended use or any beneficial purpose for which it may reasonably be expected to be used; or(b)harmful or potentially harmful—(i)to the welfare, health or safety of human beings;(ii)to any aquatic or non-aquatic organism;(iii)to the natural environment, (e.g. ground water, vegetation or land);"premises" means any piece of land, with or without improvements, the external surface boundaries of which are delineated on—(a)a general plan or diagram registered in terms of the Land Survey Act, 1927 (Act 9 of 1927), or in terms of the Deeds Registries Act, 1937 (Act 47 of 1937); or(b)a sectional plan registered in terms of the Sectional Titles Act, 1986 (Act 95 of 1986); and(c)which is situated within the area of jurisdiction of the municipality;"pre-payment measuring device" means a meter that can be programmed to provide water flow or to limit the flow of water into a water installation to the amount which has been previously purchased;"prescribed" means, determined by the municipality or another authority as is relevant to the context;"prescribed fee" means a fee including a rate, charge, tariff, flat rate, subsidy or any other cost determined by the municipality by resolution;"private combined water service" means a private consumer connection and water services system, serving more than one consumer or property; the service is operated and maintained by all the consumers thereof collectively, and may include water supply, foul sewer and septic tank or any other related systems;"professional person" means a person registered in terms of—(a)the Engineering Profession Act, 2000 (Act 46 of 2000) for the appropriate field of expertise and registered with ECSA; or(b)the Natural Scientific Profession Act, 27 of 2003."public notice" means notice to the public in a manner determined by the municipality in accordance with applicable legislation;"public water" means any river, watercourse, bay, estuary, the sea and any other water to which the public has the right of use or to which the public has the right of access, excluding any water sources which the municipality abstracts water from or use for the storage of water;"qualified plumber" means a plumber who is qualified and accredited in terms of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008);"residential unit" in relation to any premises, means a building or section of a building occupied or used or intended for residential occupation or use by any person and includes a dwelling unit;"SABS" means the South African Bureau of Standards;"SANS" means the South African National Standards as prescribed by the SABS;"SANS 0241" (including any amendments thereto) means the standards prescribed for the quality of drinking water in South Africa;"sanitation services" means the collection, removal and disposal or purification of human excreta, standard domestic effluent, wastewater, sewage and effluent resulting from the use of water for commercial purposes and, for the purposes of this by-law, also includes the disposal of industrial effluent;"septic tank" means a watertight tank designed to receive sewage and to effect the adequate decomposition of organic matter in sewage by bacterial action and includes a french drain;"service pipe" means a pipe which is part of a water installation provided and installed on any premises by the owner or occupier, and which is connected, or to be connected, to a connection pipe to serve the water installation on the premises;"sewage" means wastewater, industrial effluent, standard domestic effluent and other liquid waste, either separately or in combination, but shall not include storm water;"sewage disposal system" means the structures, valves, pipes, pumps, meters or other equipment and infrastructure used in the conveyance through the sewer reticulation system and treatment at the sewage treatment works under control of the municipality and which may be used by it in connection with the disposal of sewage;"sewer" means any pipe or conduit which is the property of or is vested in the municipality and which may be used for the conveyance of sewage from the connecting sewer and shall not include a drain as defined;"standard domestic effluent" means domestic effluent with prescribed strength characteristics in respect of chemical oxygen demand and settable solids as being appropriate to sewage discharges from domestic premises within the jurisdiction of the municipality, but shall not include industrial effluent;"standpipe" means a connection through which water supply services are supplied to more than one person;"stop-valve" means a valve for the connection or disconnection of water supply; the stop-valve between the municipal main and the water meter is known as the municipal stop-valve, for exclusive control over and use by the municipality; the consumer's stop-valve, if provided and installed by the municipality, must be situated downstream of the water meter and is for exclusive use by the consumer except when the municipality has to do maintenance on the water installation."storm water" means water resulting from natural precipitation or accumulation and includes rainwater, subsoil water or spring water but excludes swimming pool backwash and sewage;"Structures Act" means the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998);"Systems Act" means the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000);"tamper" includes to alter, cut, disturb, interfere with, interrupt, manipulate, obstruct, remove or bypass by any means, method or device;"tariff" means the annually revised user charge for the provision of the municipal service, determined and promulgated by the municipality through its Tariff by-law in terms of the Systems Act;"terminal water fitting" means a water fitting at an outlet of a water installation that controls the discharge of water from a water installation;"trade premises" means premises upon which industrial effluent is produced, including but not limited to restaurants, take-aways, home industries, accommodation establishments, etc."trap" means a pipe fitting or portion of a sanitary appliance designed to retain water seal, which serves as a barrier against the flow of foul air or gas, in position;"waste grinder" means any mechanically operated device which grinds and flushes matter into the wastewater system or removes from vegetables or other foodstuffs, peels, skins, scales or other matter for discharge directly or indirectly into the wastewater system, and includes effluent from a food waste grinder;"water fitting" means a component of a water installation, other than a pipe, through which water passes or in which it is stored;"water installation" means the pipes and water fittings which are situated on any premises the ownership of which is vested in the owner of the premises and used or intended to be used in connection with the use of water on such premises, and includes a pipe and water fitting situated outside the boundary of the premises, which either connects to the connection pipe relating to such premises or is otherwise installed with the permission of the municipality;"water services" means water supply services and sanitation services;"water services intermediary" means any person who provides water services, to another, where the obligation to provide water services is incidental to the main object of the contract between them;"water supply services" means the abstraction, conveyance, treatment and distribution of potable water, water intended to be converted to potable water or water for commercial use and includes for the purpose of this by-law water for industrial purposes and fire fighting services;"water supply system" means the structures, aqueducts, pipes, valves, pumps, meters or other apparatus relating thereto which is vested in the municipality, and are used or intended to be used by it in connection with the supply of water and includes any part of the system;"well-point" means a small diameter pipe jetted into unconsolidated sandy or gravelly formations, with a pump situated at ground level to lift and distribute the water;"wet industry" means an operation which discharges industrial effluent or which annually uses an average of more than 100 kilolitres of water on its premises per day or otherwise determined by the municipality;"working day" means a day other than a Saturday, Sunday or public holiday;"working hours" means normal working hours as approved by the municipality which may be amended from time to time:"working month" means a calendar month excluding any Saturday, Sunday and public holiday.
2. Meaning of words
Access to water services
Part 1: Levels of service
3. Levels of service
Part 2: Application
4. Application for water services
5. Special agreements for water services
6. Purpose of useWhere the purpose for, or the extent to which water services is used, changes, the consumer must advise the municipality of the change and must enter into a new agreement with the municipality as prescribed.
Part 3: Deposits, payments and accounts
7. DepositsAn owner must on application for the provision of water services and before such water services will be provided, deposit with the municipality a sum of money as determined in terms of its Credit Control by-law and Policy except where circumstances require such deposit to be determined otherwise.
8. Fees for servicesAll fees or tariffs payable in respect of water services rendered by the municipality in terms of this by-law shall be determined annually during the budget process, except where circumstances require tariffs or costs to be determined otherwise.
9. AccountsAccounts will be rendered to consumers in accordance with the municipality's Credit Control by-law and Policy.
10. Payment for water servicesWater services provided by the municipality must be paid for by the consumer in accordance with the municipality's Credit Control by-law and Policy.
11. Appeal against finding of municipality in respect of queries or complaintsA consumer who feels aggrieved by a finding of the municipality in respect of a query or complaint, may appeal against such finding in accordance with the municipality's Credit Control by-law and Policy.
12. Payment in respect of pre-payment meters or flow management devicesConsumers supplied with pre-payment meters or flow management devices shall be dealt with in accordance with the municipality's Credit Control by-law and Policy.
Water supply services
Part 1: Conditions
13. Specific conditions of water supply
Part 2: Connection, quantity and quality of water supply
14. Provision of connection pipe
15. Location of connection pipes
16. Interconnection between premisesAn owner of premises shall ensure that—
17. Provision of single water connection for supply to several consumers on same premises
18. Restriction or disconnection of supply
19. Interruption of supply at owner's request
20. Disconnection of water supply
21. Water supplied from a fire hydrant
22. Communal water services worksThe municipality may install communal water services works for the provision of water services to several consumers at a location it deems appropriate, provided that the consumers to whom water services will be provided through such water services works have been consulted in respect of—
23. Quantity, quality and pressure
Part 3: Measuring water supplied
24. Measuring the quantity of water supplied
25. Quantity of water supplied to consumer
26. Defective measurement
27. Adjustment of quantity of water supplied through defective measuring deviceAny adjustment of an account through a defective measuring device shall be done in terms of the Credit Control Bylaw and Policy. A consumer will not be held responsible for any additional water charges if a measuring device was found under-registering at any of the prescribed flow rates.
28. Special reading at request of consumerA consumer may, upon written notice of not less than 5 working days, and upon payment of the prescribed fee, request the municipality to read a measuring device at a time or on a day other than that upon which it would normally be read.
29. Special measurement
Part 4: Installation work and use of pipes and fittings
30. Approval of installation work
31. Persons permitted to do installation work
32. Provision and maintenance of water installation
33. Technical requirements for water installation
34. Use of pipes and water fittings to be authorised
35. Labelling of terminal water fittings and appliancesAll terminal water fittings and appliances using or discharging water shall be marked, or have included within the packaging of the item, the following information—
36. Unlawful water installationWhere any installation work has been constructed in contravention of this by-law, the owner must on receiving a compliance notice by the municipality, carry out such alterations to the installation as prescribed in the notice.
37. Pipes in street or public places
Part 5: Installations for fire fighting purposes
38. Connection to be approved by the municipality
39. Special provision for fire fighting servicesAny water installation for the provision of water for fire fighting purposes, must comply with the provisions of the relevant parts of SANS 10252 as amended and, where applicable, SANS 10400-W and SANS 10400-T or other relevant parts of SANS 10400 or other national standards as may be applicable.
40. Inspection and approval of fire fighting installation
41. Dual and combined installations
42. Connection pipe for fire fighting services
43. Valves and meters in connection pipelineEvery connection pipe to a fire fighting installation must be fitted with a proper gate valve, a strainer, a measuring device and an applicable non-return valve as approved by the municipality, which shall be supplied and installed by the municipality at the expense of the owner.
44. Sprinkler extinguishing installationThe municipality is not bound to guarantee any specified pressure or flow to a sprinkler installation.
45. Header tank or double supply from main
46. Sealing of private fire hydrant
Part 6: Water conservation and prevention of pollution
47. Waste of water
48. Car washing facilities
49. Grey water practices
50. Equipment specification to facilitate water conservation
51. Water demand managementThe municipality may identify water demand management measures to be implemented where considered necessary, which measures may include the installation of water demand management meters.
52. Water restrictions
53. Owner to prevent pollution of water
54. Protection of water supply system and installation
Part 7: Water supply services: Miscellaneous
55. Use of water from source other than water supply system
56. Use of alternative water
57. Sampling of water
58. Supply of non-potable water by the municipality
59. Testing of pressure in systemThe municipality may, on application by an owner and on payment of the prescribed fee, determine and furnish the owner with the value of the static pressure in the water supply system relating to his premises, over such period as the owner may request.
60. Warning notices
61. Water audit
Part 1: Standards
62. Standards for sanitation services
Part 2: On-site sanitation and associated services
63. Application and conditions for on-site sanitation infrastructure
64. Treatment plants and package plants
65. Septic tanks and french drains
66. Conservancy tank
67. Ventilated improved pit latrine
68. Services associated with on-site sanitation services
69. Disused conservancy tanks
Part 3: Sewage disposal
70. Provision of a connecting sewer
71. Provision of one connecting sewer for several consumers on same premises
72. Interconnection between premises
73. Sewage delivered by road transport
74. Measurement of the quantity of standard domestic effluent discharged
Part 4: Industrial effluent
75. Application for the disposal of industrial effluent
76. Unauthorised discharge of industrial effluent
77. Test samples
78. Norms, standards and conditions for disposal of industrial effluent
79. Withdrawal of written permission for disposal of industrial effluent
80. Measurement of quantity of industrial effluent discharged
81. Damage to sewage disposal system or the environment
81A. Objectionable discharge into a storm water system
82. Periodic reviewAcceptance of industrial effluent shall be subject to periodic review, provided that such review may be conducted at any time if special circumstances exists to justify such review.
83. Change in process of manufacture of materialsThe municipality must be notified in writing of any proposed change in the process of manufacturing or production or in the flow, quantity or nature of the materials used which is likely to affect the nature, composition or quantity of the industrial effluent discharged prior to these changes being implemented and its permission for the continued discharge of such effluent shall be obtained prior to the implementation of any changes.
Part 5: Drainage installations
84. Construction or installation of drainage installations
85. Construction by the municipalityThe municipality may agree with the owner of premises that drainage work which such owner desires, or is required to construct in terms of this by-law or the Building Regulations, may be constructed by the municipality at the cost of the owner.
86. ServitudesA servitude shall be registered at the cost of the owner prior to a drain being installed across the property of another party and the municipality may, where otherwise applicable, also require the registration of a servitude. A diagram indicating the servitude must be submitted to the municipality prior to entering into any agreement for installation of the required service.
87. Drains in streets and public placesNo person may for the purpose of conveying sewage derived from whatever source, lay or construct a drain on, in or under a street, public place or other land owned by, vested in, or under the control of the municipality, except with the permission of the municipality and work may only commence after the approval of a building or service plan and way leaves for all services whether these be municipal, private, state or semi-state provided.
88. Maintenance of drainage installation
89. Disconnection of drainage installation
Part 6: Sanitation: Miscellaneous
90. Reduction in the quantity determined in terms of domestic effluent
91. Objectionable discharge to sewage disposal system
92. Damage to sewage disposal system
93. Consequential maintenance of sewersWhenever a sewer is damaged or becomes obstructed or in need of repair as a result of an act or omission of any person, the municipality may remove the obstruction or perform the maintenance or repairs deemed necessary by the authorised official, and recover the costs incurred from such person.
94. Installation of pre-treatment facility
95. Protection from ingress of floodwaters
96. Work by private persons
97. Non-waterborne disposal of effluent
98. Other sanitation services
Part 1: Unlawful actions and termination
99. General responsibility for compliance with this by-law and other laws
99A. Transfer of ownershipThe seller must before transfer of a property, obtain a certificate of compliance from a qualified plumber, or engineer, certifying that the installations in respect of water supply and sanitation conforms to the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977) and this by-law or any other legislation applicable at the time of certification,
100. Interference with water services or sanitation system
101. Obstruction of access to water supply system or sanitation services
102. Prohibition of access to water services other than through the municipality
102A. Resale of water
103. Termination of agreements
Part 2: Water services intermediaries
104. Water services intermediaries
Part 3: Enforcement of by-law and legal matters
105. Notices and documents
106. Compliance notices
107. Power of entry and inspection
108. Powers of an authorised official
109. Using force to enter
110. Authorised official may be accompaniedDuring the execution of any work or an inspection, an authorised official may be accompanied by a member of the South African Police Services or municipal law enforcement official or by any other person reasonably required to assist in executing the work or conducting the inspection.
111. Identification of authorised officialAn authorised official, who enters premises in the execution of his official duties must, on demand, produce written authority or an appointment certificate or identification card issued by the municipality.
112. Liabilities and compensationThe municipality shall not be liable for damages or compensation arising from any bona fide action taken by it in accordance this by-law, except where negligence on the part of the municipality is proved.
113. Transitional arrangements
115. AppealAn appeal against a decision of the municipality taken in terms of delegated powers must be submitted to the city manager in terms of section 62 of the Systems Act by giving written notice of the appeal and the reasons therefor within 21 days of the date of notification of the decision.
116. Offences and penalties
117. Application of this by-lawThis by-law applies to all persons or bodies, including organs of State, situated within the area of jurisdiction of the Municipality.
118. Repeal of by-lawsThe Drakenstein Municipality: Water Services by-law published in Provincial Gazette Extraordinary No 7291 dated 25 July 2014 is hereby repealed as a whole.
119. Short title and commencementThis by-law shall be known as the Drakenstein Municipality: Water and Sanitation Services by-law, 2021, and commences on the date of publication in the Provincial Gazette.
History of this document
28 July 2023 this version
27 July 2023