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Treated Effluent By-law, 2010
- Published in Province of Western Cape: Provincial Gazette no. 6772 on 30 July 2010
- Commenced on 30 July 2010
- [Up to date as at 9 April 2021]
- [Amended by Treated Effluent: Amendment on 28 August 2015]
PreambleWHEREAS the Constitution empowers municipalities to make by-laws and to administer local government matters as listed in Part B of Schedule 4 and Part B of Schedule 5, read with section 156 of the Constitution;WHEREAS the control of public nuisances is a local government matter as listed in Part B of Schedule 5 of the Constitution;WHEREAS the City of Cape Town is a Water Services Authority, Water Services Institution and Water Services Provider in terms of the Water Services Act, 1997 (Act No. 108 of 1997);AND WHEREAS the City of Cape Town seeks to enforce its powers of control over activities linked to the supply of water and the use and supply of treated effluent;NOW THEREFORE, BE IT ENACTED by the Council of the City of Cape Town, as follows:-
Definitions and general provisions
1. DefinitionsIn this By-law, unless the context otherwise indicates -"agreement" means a signed contract agreement regarding the use and responsibilities of each party entered into between the City and a consumer;"authorised official" means an employee of the City responsible for carrying out any duty or function or exercising any power in terms of this By-law and includes employees delegated to carry out or exercise such duties, functions or powers;"borehole" means a hole sunk into the earth for the purpose of locating, abstracting or using subterranean water; and includes a spring, well and well point;"City" means the City of Cape Town, a municipality established by Establishment Notice No. 479 of 22 September 2000, issued in terms of the Local Government: Municipal Structures Act, 1998(Act No. 117 of 1998) or any structure or employee of the City acting in terms of delegated authority;"consumer" means a person or user approved by the City to use treated effluent from any installation connected to a connection pipe which is supplied with treated effluent from a main;"Council" means the Municipal Council of the City;"Credit Control and Debt Collection By-Law", means the Credit Control and Debt Collection By-Law, adopted by the council and published in the Provincial Gazette;"health nuisance" means a situation or state of affairs that endangers life or health or adversely affects the well-being or mental well-being of a person or community, or creates an environmental risk, and "health hazard" has a similar meaning;"installation work" means work in respect of the construction of, or carried out on, a treated effluent installation; "meter" means a device which measures the quantity of treated effluent passing through it;"occupier" means a person who occupies any premises or part thereof, without regard to the title under which he or she occupies;"owner" means —(a)the person in whom from time to time is vested the legal title to premises;(b)in a case where the person in whom the legal title to premises 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 premises is vested as curator, trustee, executor, administrator, judicial manager, liquidator or other legal representative;(c)in any case where the City is unable to determine the identity of such person, a person who is entitled to the benefit of the use of such premises or a building or buildings thereon;(d)in the case of premises for which a lease agreement of 30 years or longer has been entered into, the lessee thereof;(e)the person who has purchased immovable property from the City, in terms of a scheme that allows for the purchase price to be paid in installments and who has not received transfer from the City;(f)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 such section is registered under a sectional title deed, and includes the lawfully appointed agent of such a person;"person" includes a juristic person;"pollution" means the direct or indirect alteration of the physical, chemical or biological properties of a water resource so as to make it−(a)less fit for 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 nonaquatic organisms; (iii) to the resource quality; or(iii)to the resource quality; or(iv)to property;"public notice" means a notice published in a newspaper in the official languages in general use within the City ;"publish" means—(a)to publish a notice in the Provincial Gazette,(b)to provide interested parties with copies of such publication, and(c)to post the notice so published on the notice boards of the City."prescribed charge" means a fee, charge or tariff determined and imposed by the Council in terms of the Tariff By-law;"quality parameters" means the level of quality of chemical, physical and microbiological constituents in the water;"SABS" means the South African Bureau of Standards referred to in the Standards Act, No. 29 of 1993;"SANS" means the South African National Standards and is a standard which has been set and issued by the SABS in terms of the provisions of the Standards Act, No. 29 of 1993;"storage tank" means a tank forming part of a treated effluent installation and used for the storage of treated effluent;"Tariff By-law" means the Tariff By-law promulgated by the Council in terms of section 75 of the Local Government: Municipal Systems Act, No 32 of 2000, or in terms of section 75A of that Act to levy and recover fees, charges or tariffs;"treated effluent" means wastewater which has been treated;"treated effluent installation" means the pipes and fittings which are situated on any premises and vested in the owner thereof and used or intended to be used in connection with the use of treated effluent on such premises, and includes a pipe and a fitting situated outside the boundary of the premises, which either connects to the communication pipe relating to such premises or is otherwise laid with the permission of the City;"treated effluent tracer" means any dye or chemical approved by the Director: Water and Sanitation to clearly colour the treated effluent "water services facility" means any land on which there is infrastructure installed or used by the City or a catchment area in connection with the supply of treated effluent;"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.
2. Application and purpose of this by-law
3. Powers of the director: water and sanitation and the executive director: city health[Section 3 repealed by amendment on 2015-08-28.]
4. Appointment of authorised officials[Section 4 repealed by amendment on 2015-08-28.]
5. Delegation[Section 5 repealed by amendment on 2015-08-28.]
6. Health risks and situations that require immediate action
7. Duties of the public
8. Recovery of costs
9. Compliance notices
10. Responsibility for compliance with this by-lawThe owner is responsible for ensuring compliance with this By-law and the National Water Act, 1998 (Act No.36 of 1998) in respect of all or any matters relating to –(a)the use of treated effluent;(b)treated effluent installations; and(c)the maintenance of treated effluent installations.
Provisions relating to the supply of treated effluent
11. Unauthorised use of treated effluentNo person may use treated effluent from the treated effluent supply system—(a)unless an agreement referred to in section 13 has been concluded;(b)unless his or her potable water supply has a suitable backflow preventer to the satisfaction of the authorised official installed; or(c)except through a metered and backflow prevented treated effluent supply point specifically installed by the City for the supply of treated effluent.
12. Application for supply of treated effluent
14. Pipes in streets or public placesNo person may for the purpose of conveying treated effluent derived from whatever source, lay or construct a pipe or associated component on, in or under a street, public place or other land owned by or under the control of the City, except with the prior written permission of the authorised official and subject to such conditions as he or she may impose.
15. Termination of agreements
16. Interference with the treated effluent supply systemNo person other than the City may effect a connection to the treated effluent system of the City.
17. Obstruction of access to the treated effluent supply systemNo person may prevent or restrict the access of officials of the City to the treated effluent system.
18. ServitudesThe consumer is responsible for obtaining at his or her cost, such servitudes over other property as may be necessary for the treated effluent system.
19. Interconnection between premisesA consumer must ensure that no interconnection exists between the treated effluent installation on the premises and the treated effluent installation on other premises, unless the consumer has obtained the prior written consent of the authorised official and has complied with any conditions imposed by him or her.
20. Provision and position of isolating valves
21. Availability and assurance of supply
22. Restriction or cutting-off of supply
23. Metering of treated effluent supplied
24. Quantity of treated effluent suppliedFor the purpose of assessing the quantity of treated effluent supplied through a meter over a specific period, it must be deemed, unless the contrary can be proved, that—(a)the quantity is represented by the difference between readings of the meter taken at the beginning and end of such period;(b)the meter was registering correctly during such period; and(c)the entries in the records of the City were correctly made;provided that if treated effluent is supplied or taken without its passing through a meter where tampering has occurred, the estimate by the authorised official of the quantity of such treated effluent shall be deemed to be correct.
25. Resale of treated effluent
26. Estimation of quantity of treated effluent supplied to consumer through defective meter
27. Special measurement
General treated effluent installation requirements
28. Provision and maintenance of treated effluent installations
29. Accepted pipes and treated effluent fittings
31. Design criteria for treated effluent installations
32. Disclaimer in respect of treated effluent quality
33. Regulations from the department of water affairs and forestry[Section 33 repealed by amendment on 2015-08-28.]
Health and hygiene
34. Guide on permissible utilization and disposal of treated sewage effluent[Section 34 repealed by amendment on 2015-08-28.]
Plans approval procedure
35. Plans approval procedureIf a consumer wishes to install a new treated effluent installation, he or she must, in terms of applicable legislation, first obtain the written approval of the building plan for such installation.
Installation by plumbers
36. Persons permitted to do installation and other work
37. Responsibilities of a property owner or consumer
Good use practices
38. ManagementA consumer should assign the responsibility for the use of treated effluent to a person suitably qualified to manage use of treated effluent.
39. Offences and penalties
40. IndemnityThe Council shall not be liable for any damages or compensation arising from anything done in good faith in the course of implementation of this By-law.
41. AppealsA person whose rights are affected by a decision taken in terms of a power or duty delegated or sub-delegated in terms of this By-law, may appeal against that decision in accordance with section 62 of the Local Government: Municipal Systems Act, 2000(Act No 32 of 2000).
- Entire By-law
Chapter 1 – Definitions and general provisions
- 1. Definitions
- 2. Application and purpose of this by-law
- 3. Powers of the director: water and sanitation and the executive director: city health
- 4. Appointment of authorised officials
- 5. Delegation
- 6. Health risks and situations that require immediate action
- 7. Duties of the public
- 8. Recovery of costs
- 9. Compliance notices
- 10. Responsibility for compliance with this by-law
Chapter 2 – Provisions relating to the supply of treated effluent
- 11. Unauthorised use of treated effluent
- 12. Application for supply of treated effluent
- 13. Agreements
- 14. Pipes in streets or public places
- 15. Termination of agreements
- 16. Interference with the treated effluent supply system
- 17. Obstruction of access to the treated effluent supply system
- 18. Servitudes
- 19. Interconnection between premises
- 20. Provision and position of isolating valves
- 21. Availability and assurance of supply
- 22. Restriction or cutting-off of supply
- 23. Metering of treated effluent supplied
- 24. Quantity of treated effluent supplied
- 25. Resale of treated effluent
- 26. Estimation of quantity of treated effluent supplied to consumer through defective meter
- 27. Special measurement
- Chapter 3 – General treated effluent installation requirements
- Chapter 4 – Water quality
- Chapter 5 – Health and hygiene
- Chapter 6 – Plans approval procedure
- Chapter 7 – Installation by plumbers
- Chapter 8 – Good use practices