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Sewage Disposal By-law, 2016
- Published in KwaZulu-Natal Provincial Gazette no. 1763 on 1 December 2016
- Commenced on 1 December 2016
- [Up to date as at 5 June 2020]
PreambleWHEREAS the eThekwini Municipal Council recognises that effective and sustainable sanitation and sewage services are essential to community life, business and the environment; WHEREAS the Water Services Act establishes the Municipality as a water services authority and the Municipality‘s Water and Sanitation Unit as a water supply services provider for the Municipality‘s area of jurisdiction; WHEREAS the eThekwini Municipal Council recognises that, as a water services authority, it has a duty to all customers or potential customers in its area of jurisdiction to progressively ensure efficient, affordable, economical and sustainable access to basic sanitation services; WHEREAS the eThekwini Municipal Council has competence in terms of Part B of Schedule 4 of the Constitution of the Republic of South Africa, 1996 relating to such matters as sanitation services; WHEREAS the eThekwini Municipal Council has competence, in terms of section 156(2) of the Constitution of the Republic of South Africa, 1996 to make and administer By-laws for the effective administration of the matters which it has the right to administer; AND WHEREAS the eThekwini Municipality has a duty to make By-laws for the provision of water services in terms of section 21 of the Water Services Act; NOW THEREFORE the eThekwini Municipal Council, acting in terms of section 156 read with Part B of Schedule 4 of the Constitution of the Republic of South Africa, 1996 and read with section 11 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), hereby makes the following By-law:
1. DefinitionsIn this By-law, unless the context indicates otherwise, any word or expression used has the meaning ascribed to it by the National Building Regulations and Standards Act, 1977 (Act No. 103 of 1977), and– "approved" means approved by an authorised official; "authorised official" means a person authorised to implement the provisions of this By-law, including but not limited to– (a) peace officers as contemplated in section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977); (b) municipal or metropolitan police officers as contemplated in the South African Police Service Act, 1995 (Act No. 68 of 1995); and (c) such employees, agents, delegated nominees, representatives and service providers of the Municipality as are specifically authorised by the Municipality in this regard: Provided that for the purposes of search and seizure, where such person is not a peace officer, such person must be accompanied by a peace officer; "best practicable environmental option" means the option that provides the most benefit or causes the least damage to the environment as a whole, at a cost deemed to be acceptable to society by the Municipality, in the long term as well as in the short term; "borehole" means a hole sunk into the earth for the purpose of locating, abstracting or using subterranean water; "chemical toilet" means a toilet which uses chemicals to deodorize waste instead of storing it in a hole or piping it away to a sewage treatment plant where the effluent is fit to be disposed of at a municipal wastewater treatment works through a discharge point designed at the facility; "connecting point" means the point at which a drainage installation joins a connecting sewer; "connecting sewer" means a pipe owned and installed by the Municipality for the purpose of conveying sewage from a drainage installation on a premises to a sewer– (a) beyond the boundary of those premises; (b) within a servitude area; or (c) within an area covered by a wayleave or by agreement; "conservancy tank" means a sealed tank that contains and stores sewage from premises and is required to be emptied on a regular basis; "Constitution" means the Constitution of the Republic of South Africa, 1996; "Council" means the eThekwini Municipal Council, a municipal council referred to in section 157(1) of the Constitution; "customer" means– (a) a person who is supplied with water by the Municipality; and (b) where water is supplied through a single water meter to a number of persons, the person to whom the Municipality has agreed to supply water; "drain" means that portion of the drainage installation which conveys sewage within any premises; "drainage installation" means a system which is used for, or intended to be used for or in connection with, the reception, storage, treatment or conveyance of sewage on any premises to the connecting point and includes– (a) drains; (b) fittings; (c) appliances; (d) septic tanks; (e) conservancy tanks; (f) pit latrines; and (g) private pumping installations forming part of, or ancillary to, such systems; "duly qualified sampler" means a person who has been certified by a suitably competent municipal employee to take samples for analysis from the sewage systems, the stormwater disposal systems and from public waters; "environmental cost" means the full cost of all measures necessary to restore the environment to its condition prior to a damaging incident; "environmental impact assessment" means the process of identifying and evaluating the effects of development proposals on the environment before decisions and commitments are made toward that development; "high strength sewage" means sewage with a strength or quality greater than standard domestic effluent; "French drain" means a trench filled with suitable material which is used for the disposal of– (a) liquid effluent from a septic tank; or (b) wastewater; "metering period" means the time interval between successive meter readings; "Municipal Manager" means a person appointed in terms of section 54A of the Municipal Systems Act; "Municipality" means the eThekwini Municipality, a category A Municipality as envisaged in terms of section 155(1) of the Constitution and established in terms of Provincial Notice No. 343 of 2000 (KZN); "National Building Regulations" means the National Building Regulations made in terms of the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977); "National Water Act" means the National Water Act, 1998 (Act 36 of 1998); "occupier" means– (a) any person, including the owner, in actual occupation of premises regardless of the title under which he or she occupies those premises, if any; and (b) in the case of premises let to more than one tenant, the person who receives the rent payable by the tenants, whether for his or her own account or as an agent for a person entitled to the rent; "on-site privately-owned sewage disposal system" means either a septic tank, a conservancy tank system or a low-volume sewage treatment plant owned by the owner of the premises on which it is situated; "owner" means– (a) the person who is the registered owner of the premises in the relevant Deeds Office; (b) where the registered owner of the premises is insolvent or dead or is under any form of legal disability whatsoever, the person in whom the administration and control of his or her property is vested as curator, trustee, executor, administrator, judicial manager, liquidator or other legal representative; (c) where the Municipality is unable to determine the identity of such person, a person who is entitled to the benefit of the use of the premises or a building or buildings on the premises; (d) where the premises concerned have been leased for a period of 30 years or longer, the lessee of the premises; or (e) in relation to – (i) a piece of land delineated on a sectional plan registered in terms of the Sectional Titles Act, 1986 (Act No. 95 of 1986) as common property, the developer or the body corporate in respect of the common property; or (ii) a section as defined in the Sectional Titles Act, 1986 (Act No. 95 of 1986), the person in whose name such section is registered under a sectional title deed, and includes the lawfully appointed agent of a person; "person" means any natural person, juristic person, voluntary association or the trustees of any trust; "premises" means any piece of land, with or without any building or structure thereon where– (a) , the external surface boundaries of which are delineated on─ (i) a general plan or diagram registered in terms of the Land Survey Act, 1927 (Act No. 9 of 1927), or in terms of the Deeds Registry Act, 1937 (Act No. 47 of 1937; or (ii) a sectional plan registered in terms of the Section Titles Act, 1986 (Act No. 95 of 1986); (b) there is an official document in respect of rural land or Ingonyama Trust land, which is situated within the area of jurisdiction of the Municipality; or (c) a municipal service is rendered on land which is not specified on a plan, and a portion of such land which is not so delineated but which is connected to the sewage system or is capable of being so connected; "prescribed" means as determined by resolution of the Council from time to time; "public water" means any river, watercourse, bay, estuary, the sea and any other water which the public has a right to use or to which the public has the right of access; "septic tank" means a tank designed to receive and retain sewage for such a time and in such a manner as to ensure adequate decomposition; "sewage" means waste water, trade effluent, standard domestic effluent and other liquid waste, either separately or in combination, but excludes stormwater; "Sewage Disposal By-laws of 1999" means the Durban Transitional Metropolitan Council Sewage Disposal By-law, MN No. 27 of 1999; "sewage disposal system" means the structures, pipes, valves, pumps, meters or other associated items used in– (a) conveying sewage through the sewer reticulation system; (b) treating sewage at the treatment works under the control of the Municipality; and (c) the disposal of sewage, including sea outfalls; "sewer" means any pipe or conduit which is the property of or is vested in the Municipality and which may be used for conveying sewage from the connecting sewer, but excludes any drain; "standard domestic effluent" means domestic effluent which meets strength characteristics relating to chemical oxygen demand and settleable solids as prescribed by the Municipality from time to time as being appropriate to sewage discharges from domestic premises, but excludes trade effluent; "stormwater" means water resulting from natural precipitation or accumulation and includes rainwater, subsoil water or spring water; "trade effluent" means any liquid, whether or not containing matter in solution or suspension, which is given off in the course of or as a result of any industrial, trade, manufacturing, mining or chemical process or any laboratory research or agricultural activity, and includes any liquid other than standard domestic effluent or stormwater; "trade premises" means premises upon which trade effluent is produced; "urine diversion toilet" means a toilet which– (a) separates urine and faecal matter through the use of a special pedestal and separate urinal to divert urine to soak away in order that only faecal matter collects in the pit; and (b) consists of– (i) two pits; (ii) a cover slab; (iii) a superstructure; and (iv) a vent pipe to each pit; "VIP" means a ventilated improved pit latrine; "Water Services Act" means the Water Services Act, 1997 (Act 108 of 1997); "working day" means a day other than a Saturday, Sunday or public holiday. "1 in 50 year flood level" means that level reached by flood waters resulting from a storm of a frequency of one in 50 years; and "1 in 50 year flood plain" means the area subject to inundation by flood waters from a storm of a frequency of one in 50 years;
2. Interpretation of By-lawIf there is a conflict of interpretation between the English version of this By-law and a translated version, the English version prevails.
3. Objects of By-lawThe object of this By-law is to regulate sewage disposal in a manner which– (a) progressively ensures efficient, affordable, economical and sustainable access to sanitation and sewage services; (b) regulates the duty of customers to pay for sanitation and sewage services; (c) provides various measures to assist those who are economically unable to meet normal service charges; and (d) complies with the Water Services Act.
4. Application of By-lawThis By-law applies to all areas which fall under the jurisdiction of the eThekwini Municipality and is binding on all persons to the extent applicable.
5. Provision of services to trade premisesA person who wants to construct or cause to be constructed any building or development must, when undertaking an environmental impact assessment, ensure that provision is made for the treatment and disposal of domestic sewage, trade effluent and stormwater.
6. Objectionable discharge
Use of sewage disposal system
7. Agreement to provide servicesSubject to any applicable law an authorised official may enter into an agreement with any person on behalf of the Municipality to provide a sewage disposal service.
8. Application for use of sewage disposal system
9. Special agreements for disposal of sewage
10. Termination of agreementA person may terminate an agreement referred to in section 8 or 9 by giving the Municipality not less than five working days‘ notice in writing of his or her intention to do so: Provided that the authorised official is satisfied with the manner in which sewage arising from the premises will be disposed of on the termination of the contract.
11. Provision of connecting sewer
12. Acceptance of sewage delivered by road haulage
Levels of supply: households and informal settlements
13. Levels of supply of sanitation to households
14. Sanitation of informal settlements
15. Drains in streets or public placesA person may not, for the purpose of conveying sewage, 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 prior written permission of an authorised official and subject to such conditions as he or she may deem fit.
16. Construction by Municipality on private premises
17. Maintenance of drainage installation
18. Installation of pre-treatment facility
19. Protection from ingress of floodwatersWhere premises are situated in the 1 in 50 year flood plain, the top level of manholes, inspection chambers and gullies must be placed above the 1 in 50 year flood level, except in the case of manholes and inspection chambers, where the cover is secured in place by means approved by an authorised official.
20. Sewage disposal in sectional title developments
21. Sewage disposal to mini-sub developments
Privately-owned sewage disposal systems
22. Septic tanksSeptic tank systems must be designed in accordance with SANS 10400-P, or by a competent person as defined therein, to satisfy the requirements of Part P of the National Building Regulations and Building Standards Act.
23. Conservancy tanks
24. Privately-owned sewage treatment plant
25. Permission to discharge trade effluent
Payment for services
26. Payment for use of sewage disposal system
27. Trade effluent charge when sewage rates appliedWhen the charge for the use of the sewage disposal system is by means of sewage rates and a person holds a permit for the discharge of trade effluent in excess of the prescribed minimum volume of 'T' kilolitres per month, the permit holder is liable to charges in addition to that levied by means of sewage rates, calculated in accordance with section 28.
28. Trade effluent chargesThe Municipality may prescribe trade effluent charges and amend such charges as it deems necessary.
29. Sewage disposal charge when tariff rates appliedWhen a charge for the use of the sewage disposal system is by means of prescribed tariff rates, charges for standard domestic effluent become payable by the customer when a premises– (a) is connected to the sewage disposal system or is reasonably capable of being so connected; or (b) receives a supply of water from the Municipality.
30. Trade effluent charge when tariff rates applied
31. Volume of standard domestic effluent determined for payment purposes
32. Volume of trade effluent determined for payment purposesThe volume of trade effluent discharged into the sewage disposal system or to sea outfalls must be determined in the following ways: (a) where direct measurements of the volume of trade effluent discharged from a premises are made, such volume must be used for the purposes of calculating the amount payable; (b) where no direct measurement of the volume of trade effluent discharged from the premises are made, then the volume must be determined as a percentage of water supplied by the Municipality in accordance with procedures prescribed by the Municipality; (c) where premises are supplied with water from a source in addition to the Municipality‘s water supply system, by river abstraction or partially or wholly by a borehole, the volume must be assessed by the authorised official based on such criteria as he or she may deem relevant; and (d) where a portion of the water supplied to a permit holder forms part of the end product of any manufacturing process or is lost by reaction or evaporation during the manufacturing process or for any other reason, the authorised official may, in his or her sole discretion, on application by the permit holder, reduce the assessed volume of trade effluent.
33. Other charges
34. Payment of deposit
35. Reduction of amount payable if water wasted or leakage undetected
36. Amendments to amount payableIf, for any reason, a person liable under this By-law is– (a) not charged at all; or (b) charged for sewage at a rate lower than that for which he or she is liable, he or she may not be absolved from payment, and must on demand remit all sums due to the Municipality, calculated in accordance with the provisions of this By-law.
37. Amendments to prescribed chargesWhere amendments to the prescribed tariff rates for disposal of sewage become operative on a date between meter readings, the customer must pay charges calculated on the same quantity of sewage as was disposed of in each period of 24 hours during the interval between meter readings.
Protection of sewage disposal system
38. Trespassing on sewage disposal systemExcept with the prior authority of the authorised official, a person may not enter– (a) upon an area used for the purpose of the sewage disposal system which is enclosed by a fence or where entry is prohibited by notice boards; or (b) a structure used by the Municipality in connection with its sewage disposal system.
39. Interference with sewage disposal systemExcept with the prior authority of the authorised official, a person may not– (a) interfere or tamper with the sewage disposal system except under the provisions of section 43; (b) make a connection to the sewage disposal system except under the provisions of section 11; or (c) construct a building or raise or lower the ground level within an area that is subject to a sewer servitude.
40. Damage to sewage disposal system
41. Consequential maintenance of sewersWhenever a sewer is damaged or becomes obstructed or in need of repair as a result of the act or omission of any person, whether by reason of the failure of such person to comply with the requirements of this By-law or otherwise, the authorised official may– (a) carry out such work, maintenance or repair as the authorised official considers necessary; or (b) remove the obstruction, at the expense of such person and recover from that person the full cost of doing so.
42. Obstruction of access to sewage disposal system
43. Work by private persons
44. Entry by authorised official
45. Powers of authorised officialsAn authorised official may, when entering any premises– (a) inspect, monitor or investigate any part of those premises relating to the water system, sewage disposal system or other drainage system as well as where chemicals of any nature are handled, stored or disposed of; (b) question the owner or any occupier of the building; (c) take photos of the premises; (d) take samples; (e) seize pertinent evidence relating to water quality; or (f) do anything necessary to implement the provisions of this By-law.
46. Service of notices
47. IndemnityThe Municipality and any authorised official are not liable to any third party for any damage caused by anything lawfully done or omitted by the Municipality or any authorised official in carrying out any function or duty in terms of this By-law.
48. Lawful instructionsFailure to comply with a lawful request of an authorised official constitutes a contravention of this By-law.
49. Recovery of costsIf a person– (a) contravenes the provisions of this By-law or of any other By-law; or (b) fails or refuses to comply with a compliance notice issued in accordance with this By-law, such person is guilty of an offence and the Municipality may take any steps required in the compliance notice itself and recover the costs from such person: Provided that such liability is in addition to any fine which may be imposed on such person.
50. OffencesA person who– (a) contravenes any provision of this By-law; (b) fails or refuses to comply with a compliance notice issued to him or her; (c) fails to comply with any lawful instruction given in accordance with this By-law; (d) contravenes any conditions imposed in the granting of any application, consent, approval, concession, relaxation, permit or authority in terms of this By-law; (e) threatens, resists, interferes with or obstructs any authorised official in the performance of official duties or functions in terms of or under this By-law; or (f) deliberately furnishes false or misleading information to an authorised official, is guilty of an offence.
54. Repeal of laws and savings
55. Short title and commencementThis By-law is called the eThekwini Municipality: Sewage Disposal By-law, 2015 and takes effect on the date of publication thereof in the Provincial Gazette.
- Entire By-law
- Chapter 1 – Interpretation
- Chapter 2 – General provisions
- Chapter 3 – Use of sewage disposal system
- Chapter 4 – Levels of supply: households and informal settlements
- Chapter 5 – Drainage installation
- Chapter 6 – Developments
- Chapter 7 – Privately-owned sewage disposal systems
- Chapter 8 – Trade effluent
Chapter 9 – Payment for services
- 26. Payment for use of sewage disposal system
- 27. Trade effluent charge when sewage rates applied
- 28. Trade effluent charges
- 29. Sewage disposal charge when tariff rates applied
- 30. Trade effluent charge when tariff rates applied
- 31. Volume of standard domestic effluent determined for payment purposes
- 32. Volume of trade effluent determined for payment purposes
- 33. Other charges
- 34. Payment of deposit
- 35. Reduction of amount payable if water wasted or leakage undetected
- 36. Amendments to amount payable
- 37. Amendments to prescribed charges
- Chapter 10 – Protection of sewage disposal system
- Chapter 11 – Enforcement
- Chapter 12 – Miscellaneous provisions
- SCHEDULE A
- SCHEDULE B
- SCHEDULE C
History of this By-law
1 December 2016 this versionPublished in KwaZulu-Natal Provincial Gazette no. 1763By-law commences.