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This is the version of this By-law as it was from 30 July 2010 to 27 August 2015. Read the version currently in force.
Treated Effluent By-law, 2010
- Published in Western Cape Provincial Gazette no. 6772 on 30 July 2010
- Commenced on 30 July 2010
- [This is the version of this document as it was from 30 July 2010 to 27 August 2015.]
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 authorised official of the City appointed by the Director: Water and Sanitation to enforce the provisions of this By-law;"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 established by Notice No. 479 of 2000 in terms of section 12 of the Local Government: Municipal Structures Act, 1998(Act No. 117 of 1998);"City Manager" means the person appointed by the Council in terms of section 82 of the Local Government: Municipal Structures Act, 1998(Act No. 117 of 1998);"consumer" means a person approved by the Director: Water and Sanitation to use treated effluent from any installation connected to a connection pipe which is supplied with treated effluent from a main;"Council" means the council of the City or any of the other political structures, political office bearers, councilors or staff members, of the City duly authorised by delegation;"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;"Director: Water and Sanitation" means the employee of the City in charge of the Water and Sanitation Services; "Executive Director: City Health" means the Executive Director responsible for health matters in the City;"Executive Director: City Health" means the Executive Director responsible for health matters in the City;"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;"non potable water" means water obtained from sources other than potable networks of the City and includes spring water, borehole water, groundwater and river extraction;"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;"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
4. Appointment of authorised officialsThe Director: Water and Sanitation may appoint authorised officials.
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
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—
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 Director: Water and Sanitation 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 Director: Water and Sanitation 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—
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 forestryNotices issued in terms of section 39 of the National Water Act, 1998(Act No. 36 of 1998) are applicable within the area of jurisdiction of the City.
Health and hygiene
34. Guide on permissible utilization and disposal of treated sewage effluent
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).
History of this By-law
28 August 2015Amended by Treated Effluent: AmendmentRead this version
30 July 2010 this versionPublished in Western Cape Provincial Gazette no. 6772By-law commences.
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