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Johannesburg
South Africa
South Africa
Water Services By-law, 2004
- Published in Province of Gauteng: Provincial Gazette no. 179 on 21 May 2004
- Commenced on 21 May 2004
- [Up to date as at 16 November 2020]
- [Amended by Credit Control and Debt Collection on 23 May 2005]
- [Amended by Water Services: Amendment (Local Authority Notice 1455 of 2008) on 20 June 2008]
Preamble
The Municipal Manager of the City of Johannesburg Metropolitan Municipality hereby, in terms of Section 13(a) of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), publishes the Water Services By-laws for the City of Johannesburg Metropolitan Municipality, as approved by its Council, as set out hereunder.Chapter 1
General provisions
1. Definitions and interpretation
2. Meaning of certain words the same as in acts
Any word or expression used in these By-laws to which a meaning has been assigned in-(a)the Act will bear that meaning; and(b)the National Building Regulations and Building Standards Act 1977 (Act No. 103 of 1977), and Chapter III of the Building Regulations thereunder, will bear that meaning;unless the context indicates otherwise.3. Levels of service
4. Application for water services
5. Special agreements for water services
The Council may enter into a special agreement for the provision of water services to an applicant(a)inside its area of jurisdiction, if the service applied for necessitates the imposition of conditions not contained in the prescribed form or in these By-laws; and(b)outside its area of jurisdiction, if such application has been approved by the Council having jurisdiction in the area in which the premises to be supplied are situated.FEES
6. Prescribed fees for water services
7. Deposit
8. Payment for water services
8A. Payment in respect of prepayment meters
When a consumer is supplied with water through a prepayment meter, in addition to the requirements of sections 7 and 8:(a)no refund of the amount tendered for the purchase of water credit shall be given at the point of sale after initiation of the process by which the prepayment meter token is produced;(b)when a consumer vacates any premises where a prepayment meter is installed, no refund for the credit remaining in the meter shall be made to the consumer; and(c)the Council shall not be liable for the reinstatement of credit in a prepayment meter lost due to tampering with, or the incorrect use or the abuse of, a prepayment meter and/or token.9. Accounts
9A. Accounts: transitional measures
[Section 9A deleted by Credit Control and Debt Collection By-laws, 2004]9B. Queries or complaints in respect of account
[Section 9B deleted by Credit Control and Debt Collection By-laws, 2004]9C. Arrears
[Section 9C deleted by Credit Control and Debt Collection By-laws, 2004]9D. Agreement for the payment of arrears in instalments
[Section 9D deleted by Credit Control and Debt Collection By-laws, 2004]10. Termination of agreements
11. Limitation and/or discontinuation of water services
12. Restoration of water services
When a consumer enters into an agreement for the payment of the arrears amount in instalments after the receipt of a final demand notice or a discontinuation notice, the water services will be restored to the type of service the consumer elected in terms of the agreement for the provision of water services, as soon as reasonably possible.13. Water services via, and responsibility for, a communal sewer
The Council must provide sanitation services in respect of a communal sewer, only once an agreement whereby the community served by that sewer has, by means of an association or other legal entity, concluded an agreement for the maintenance and repair of the communal sewer with the Council, and such service must be supplied in accordance with the provisions of that agreement, read with the provisions of these By-laws.14. Obligations
15. Prohibition of access to water services other than through the council
16. Environmental impact assessments
17. General responsibility for compliance with these by-laws, and other laws
18. Unauthorised use of water services
19. Purpose of water services
Where the purpose or extent for which water services are used is changed, the consumer must inform the Council, and must enter into a new agreement with the Council, expressed to be effective from the date on which such change of use took or will take effect.20. Interference with water supply system or any sanitation services
21. Obstruction of access to water supply system or any sanitation service
No person may prevent or restrict physical access to the water supply system or sewage disposal system by any employee of the Council.Chapter 2
Water supply services
22. Provision of connection pipe
23. Location of connection pipe
24. Provision of single water connection for supply to several consumers on same premises
25. Interconnection between premises or water installations
An owner of premises must ensure that no interconnection exists between –(a)the water installation on his or her premises and the water installation on any other premises; or(b)where several dwelling or business units are situated on the same premises, the water installations of such units,unless he or she has obtained the prior written consent of the Council and complies with any conditions that may have been imposed.26. Disconnection of water installation from connection pipe
The Council may disconnect a water installation from the connection pipe and remove the connection pipe if -(a)the agreement for supply has been terminated in terms of section 10 and it has not received an application for a subsequent supply of water to the premises served by the pipe within a period of 90 days of such termination; or(b)the building on the premises concerned has been or is in the process of being demolished pursuant to the grant of a permit for such demolition in terms of law.27. Water supplied from a hydrant
28. Quantity, quality and pressure
Water supply services provided by the Council must comply with the minimum standards set for the provision of water supply services in terms of section 9 of the Act.29. General conditions of supply
30. Measuring of quantity of water supplied
31. Quantity of water supplied to consumer
32. Defective measurement
33. Special measurement
34. No reduction of amount payable for water wasted
A consumer is not entitled to a reduction of the amount payable in respect of water wasted or water losses in a water installation.35. Adjustment of quantity of water supplied through defective measuring device
36. Approval of installation work
37. Persons permitted to do installation and other work
38. Provision and maintenance of water installation
39. Technical requirements for a water installation
40. Use of pipes and water fittings to be authorised
41. Unlawful water installation work
Where any installation work has been constructed in contravention of the provisions of these By-laws, the owner must on receiving a compliance notice by the Council carry out such alterations to the installation as prescribed in the notice.42. Labeling of terminal water fittings and appliances
A terminal water fitting and appliance using or discharging water must be marked, or have included within the packaging of the item, the following information:(a)the range of pressure in kPa over which the water fitting or appliance is designed to operate; and(b)the flow rates, in litres per minute, related to the design pressure range, including at least the following water pressures -(i)20 kPa;(ii)100 kPa; and(iii)400 kPa.43. Owner to prevent pollution of water
An owner must provide and maintain effective measures to prevent the entry of any substance or matter, which may be a danger to health or may adversely affect the potability of water or affect its fitness for use, in -(a)the water supply system or plant; and(b)any part of the water installation on his or her premises.43A. Protection of water supply system
43B. Design and installation of backflow preventer
A backflow preventer contemplated in section 43Amust be designed and installed in accordance with the requirements of SABS Code 0252 Part 1.43C. Inspection and servicing of backflow preventer
43D. Protection of water installations
44. Water restrictions
45. Waste of water unlawful
46. Prohibition of use of certain equipment in a water installation
A designated officer may, by compliance notice, prohibit the use by a consumer of any equipment in a water installation if, in his or her opinion, its use of water is wasteful, and such equipment must not be returned to use until its efficiency has been restored, and a written application to do so has been approved by the Council.47. Sampling of water
48. Testing of pressure in water supply system
The Council must, on application by an owner and on payment of the prescribed fees, determine and furnish the owner with the value of the pressure in the water supply system relating to his or her premises, over such period as the owner may request.49. Pipe in street or public place
No person may, for the purpose of conveying water 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, vested in, or under the control of the Council, except with the prior written permission of the Council, and subject to such conditions as may be imposed by it on granting permission.50. Use of water from source other than the water supply system
51. Special provisions for fire services
52. Payment for fire services
The consumer and the owner of the premises are jointly and severally liable to pay the fees determined by the Council, in respect of any fire extinguishing installation or appliance used or installed upon such premises.53. Dual and combined installations
Any new building erected after the adoption of these By-laws must comply with the following requirements in relation to the provision of fire extinguishing services -(a)If, in the opinion of any officer or employee of the Council charged with the approval of plans, boosting of the system is required, either in terms of ensuring adequate pressure or supply of water for the purposes which the system is intended to meet, a dual pipe system must be used, one for fire extinguishing purposes and the other for general domestic purposes;(b)Combined installations, in which the same pipes and fittings are used for fire extinguishing and general domestic purposes, are only permitted where no booster pumping connection is provided on the water installation;(c)In the circumstances contemplated in paragraph (b), a fire hydrant must be provided by the Council, at the consumer's expense, within 90 metres of the property to provide a source of water for the use of the crew of any fire tender sent to extinguish a fire; and(d)All pipes and fittings must be capable of handling pressures in excess of 1015 kPa, which could be expected when boosting takes place and must be designed to maintain their integrity when exposed to fire conditions.54. Connection pipes for fire extinguishing services
55. Valves in connection pipe
Every connection pipe must be fitted with a proper gate valve, which must be -(a)supplied by the Council at the expense of the consumer;(b)installed between the consumer's property and the main;(c)of the same diameter as the connection pipe; and(d)installed in such position as may be specified by the Council.56. Inspection and approval of fire extinguishing installation
No water may be supplied to any fire extinguishing installation until -(a)it has been inspected and tested by the Council;(b)the Council has certified in writing that such water installation is complete and complies with the requirements of these By-laws; and(c)the fees determined by the Council for such inspection and testing have been paid.57. Connection to be at the pleasure of the council
58. Meter in fire extinguishing connection pipe
The Council is entitled to install a water meter in any connection pipe used solely for fire extinguishing purposes, and the owner of the premises will be liable for the whole of the cost of so doing if it appears to the Council that water has been drawn from the pipe otherwise than for the purpose of extinguishing a fire.59. Sprinkler extinguishing installation
A sprinkler installation may be installed in direct communication with the main, but the Council is not bound to guarantee any specified pressure at any time.60. Header tank or double supply from main
61. Sealing of private fire hydrants
Chapter 3
Sanitation services
62. Objectionable discharge to sewage disposal system
63. Disposal of sludge, compost and manure
64. Application for infrastructure
65. Septic tank and treatment plant
66. French drain
The Council may, at its discretion and on such conditions as it may prescribe, having regard to the quantity and nature of the effluent and the nature and permeability of the soil, permit the disposal of wastewater or other effluent by means of a french drain, soakage pit or other approved work.67. Conservancy tank
The Council may at its discretion permit the owner of any premises to construct a conservancy tank and ancillary appliances for the retention of soil water, or such other sewage or effluent as it may decide, and such tank and appliances must be of such capacity, constructed of such material, and located in such position and at such level as it may prescribe.68. Ventilated improved pit latrine
The Council may at its discretion and on such conditions as it may prescribe, having regard to the nature and permeability of the soil, the depth of water table, any other factors which may have the potential to cause harm to the environment if approval is granted, the size of and access to the site and the availability of a piped water supply, permit the disposal of human excrement by means of a ventilated improved pit latrine, constructed in accordance with the specifications and located in a position indicated by the Council.69. Services associated with on-site sanitation services
The removal or collection of conservancy tank contents, night soil or the emptying of pits will be undertaken by the Council in accordance with a removal and collection schedule determined from time to time by the Council.70. Fees in respect of services associated with on-site sanitation services
71. Disused conservancy and septic tanks
72. Provision of a connecting sewer
73. Location of connecting sewer
74. Interconnection between premises
Every owner of premises must ensure that no interconnection exists between the drainage installation on his or her premises and any drainage installation on other premises, unless he or she has obtained the prior written permission of the Council and complies with any conditions that may have been imposed in granting such permission.75. Disconnection of drainage installation from connecting sewer
The Council may disconnect a drainage installation from the connecting sewer and seal the opening to the sewer so made and recover from the owner the fees determined by the Council, if–(a)notified in writing by the owner when a drainage installation is to be disconnected from a connecting sewer; or(b)the building on the premises concerned has been demolished.76. Acceptance of sewage delivered by road haulage
The Council may, at its discretion, and subject to such conditions as it may specify, accept sewage for disposal delivered to the any sewage treatment plant by road haulage.77. Written permission for delivery of sewage by road haulage
78. Conditions for delivery of sewage by road haulage
When sewage is delivered by road haulage -(a)the time of delivery must be arranged with the Council;(b)the nature and composition of the sewage must be established to the satisfaction of the Council prior to the discharge thereof from the container in which it is delivered, and no person may deliver sewage that does not comply with the standards laid down in or in terms of these Bylaws; and(c)all other requirements in terms of SABS Codes 0231 and 0232 and any other applicable law must be complied with.79. Withdrawal of permission for delivery of sewage by road haulage
80. Application for disposal of industrial effluent
80A. Installation, supply and usage of garbage grinders
81. Unauthorised discharge of industrial effluent
82. Quality standards for disposal of industrial effluent
83. Conditions for disposal of industrial effluent
84. Withdrawal of written permission for disposal of industrial effluent
85. Measurement of quantity of standard domestic effluent discharged
86. Measurement of quantity of industrial effluent discharged
87. Reduction in the quantity determined in terms of sections 85 and 86
88. Construction or installation of drainage installation
Any drainage installation must comply with SABS Code 0400-1990 Part P, Drainage and any amendments thereto.89. Use of pipe and fitting in drainage installation to be authorised
90. Approval of drainage work
91. Unlawful drainage work
92. Ingress of stormwater into drainage installation prohibited
93. Emission of gas
When a nuisance exists or could exist, owing to the emission of gas from any trap or sanitary fitting or any other part of a drainage installation, the Council may require the owner, at his or her own expense, to take such action as may be necessary to prevent such nuisance.94. Industrial grease traps
95. Mechanical appliances for lifting sewage
96. Drain in street or public place
No 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 the land owned by, vested in, or under the control of the Council, except with the prior written permission of the Council and subject to such conditions as it may impose.97. Construction by council of drainage work
The Council may agree with the owner of any premises that any drainage work which such owner desires or is required to construct in terms of these By-laws or the building regulations, will be constructed by the Council against payment, in advance, of all costs associated with such construction, and such agreement does not absolve the owner from complying with the requirements of any other law in respect of such construction work.98. Maintenance of drainage installation
99. Installation of pre-treatment facility
The Council may require that any premises which require connection to a sewage disposal system for the first time, must be provided with a minimum pre-treatment facility of a type specified by it prior to those premises being connected to the sewage disposal system.100. Protection from ingress of floodwater
Where premises constructed within, or any portion of a property lie within the 1 in 50 years flood plain, the top level of any manhole, inspection chamber and gully located below the level of such flood plain must be above the 1 in 50 years flood level, except in the case of a manhole and inspection chamber the cover of which is secured in place by approved means.Chapter 4
Enforcement of the by-laws and legal matters
101. Authorisation of designated officer
A service provider as contemplated in the definition of Council and in section 76 of the Local Government : Municipal Systems Act, 2000 (Act No. 32 of 2000), may authorize any person in its employ to be a designated officer.102. Functions of designated officer
103. Powers of designated officer
104. Procedure to execute work or conduct an inspection: entry with a written authorization
105. Procedure to execute work or conduct an inspection : entry without a written authorization
106. Observing fundamental rights
A designated officer who enters and executes work or inspects any premises in terms of this Chapter must do so with strict regard for decency and orderliness and with regard for each person’s human rights including the right to dignity, freedom, security and privacy.107. Using force to enter
108. Designated officer may be accompanied
During the execution of any work or an inspection, a designated officer may be accompanied by either a member of the South African Police Services or a member of the Johannesburg Metropolitan Police Department established under Provincial Notice No. 1893 of 2001, issued in terms of Section 64A(4) of the South African Police Service Act, 1995 (Act No. 68 of 1995), and by any other person reasonably required to assist in executing the work or conducting the inspection.109. Duty to produce document
Any person who holds any document relevant to the execution of any work or inspection contemplated in this Chapter must produce it at the request of a designated officer.110. Duty to answer question and assist designated officer
111. Compliance notice
112. Complaints against persons other than the council or service provider
Any one may lodge a complaint with a designated officer, either directly or through any other channel established by the Council, that another person –(a)is likely to cause or has caused a disruption of the provision of water and sanitation services without just cause; or(b)is likely to act or has acted contrary to any provisions of these By-laws; in which event the designated officer, unless he or she has reasonable grounds to believe that the complaint is frivolous, must investigate the complaint and, take any necessary action which is competent in terms of these By-laws.113. Official address
114. Recovery of costs and fees
Any costs which the Council is entitled to recover from a consumer, owner or other person in terms of these By-laws include, where applicable, any prescribed fees, expenses incurred in any exploratory investigation, survey, plan, specification, or schedule of quantities compilation, supervision, administration or authorization charges, including the cost of any ancillary work associated therewith, wear and tear on plant and equipment utilized in any of these activities, the provision of labour and the costs, including environmental costs, involved in the disturbing and making good of any part of any street, ground or water services work.115. Legal compliance warranty
Notwithstanding any provision to the contrary, any consumer by making application for water services, warrants that he or she will –(a)in his or her activities, application and use of the water services, processes, and operations, comply with all relevant laws, regulation, and standards governing the environment, health and safety;(b)take all reasonable measures to prevent pollution or environmental degradation from occurring, continuing or recurring;(c)insofar as such harm to the environment is authorized by law, or cannot reasonably be avoided or stopped, minimize and rectify such pollution or degradation of the environment; and(d)bear all costs and expenses incurred in meeting the above obligations and the implementation thereof.116. False statement or information
No person may make a false statement or furnish false information to the Council, an authorised official, a designated officer or an employee of the Council or falsify a document issued in terms of these By-laws.117. Exceptions to application of these by-laws
118. Exemptions
119. Offences
120. Application of this chapter
121. Repeal of by-laws
The by-laws listed in schedule E are hereby repealed.122. Short title
These By-laws are called the Water Services By-laws, 2003.- Entire By-law
- Preamble
-
Chapter 1 – General provisions
- 1. Definitions and interpretation
- 2. Meaning of certain words the same as in acts
- 3. Levels of service
- 4. Application for water services
- 5. Special agreements for water services
- 6. Prescribed fees for water services
- 7. Deposit
- 8. Payment for water services
- 8A. Payment in respect of prepayment meters
- 9. Accounts
- 9A. Accounts: transitional measures
- 9B. Queries or complaints in respect of account
- 9C. Arrears
- 9D. Agreement for the payment of arrears in instalments
- 10. Termination of agreements
- 11. Limitation and/or discontinuation of water services
- 12. Restoration of water services
- 13. Water services via, and responsibility for, a communal sewer
- 14. Obligations
- 15. Prohibition of access to water services other than through the council
- 16. Environmental impact assessments
- 17. General responsibility for compliance with these by-laws, and other laws
- 18. Unauthorised use of water services
- 19. Purpose of water services
- 20. Interference with water supply system or any sanitation services
- 21. Obstruction of access to water supply system or any sanitation service
-
Chapter 2 – Water supply services
- 22. Provision of connection pipe
- 23. Location of connection pipe
- 24. Provision of single water connection for supply to several consumers on same premises
- 25. Interconnection between premises or water installations
- 26. Disconnection of water installation from connection pipe
- 27. Water supplied from a hydrant
- 28. Quantity, quality and pressure
- 29. General conditions of supply
- 30. Measuring of quantity of water supplied
- 31. Quantity of water supplied to consumer
- 32. Defective measurement
- 33. Special measurement
- 34. No reduction of amount payable for water wasted
- 35. Adjustment of quantity of water supplied through defective measuring device
- 36. Approval of installation work
- 37. Persons permitted to do installation and other work
- 38. Provision and maintenance of water installation
- 39. Technical requirements for a water installation
- 40. Use of pipes and water fittings to be authorised
- 41. Unlawful water installation work
- 42. Labeling of terminal water fittings and appliances
- 43. Owner to prevent pollution of water
- 43A. Protection of water supply system
- 43B. Design and installation of backflow preventer
- 43C. Inspection and servicing of backflow preventer
- 43D. Protection of water installations
- 44. Water restrictions
- 45. Waste of water unlawful
- 46. Prohibition of use of certain equipment in a water installation
- 47. Sampling of water
- 48. Testing of pressure in water supply system
- 49. Pipe in street or public place
- 50. Use of water from source other than the water supply system
- 51. Special provisions for fire services
- 52. Payment for fire services
- 53. Dual and combined installations
- 54. Connection pipes for fire extinguishing services
- 55. Valves in connection pipe
- 56. Inspection and approval of fire extinguishing installation
- 57. Connection to be at the pleasure of the council
- 58. Meter in fire extinguishing connection pipe
- 59. Sprinkler extinguishing installation
- 60. Header tank or double supply from main
- 61. Sealing of private fire hydrants
-
Chapter 3 – Sanitation services
- 62. Objectionable discharge to sewage disposal system
- 63. Disposal of sludge, compost and manure
- 64. Application for infrastructure
- 65. Septic tank and treatment plant
- 66. French drain
- 67. Conservancy tank
- 68. Ventilated improved pit latrine
- 69. Services associated with on-site sanitation services
- 70. Fees in respect of services associated with on-site sanitation services
- 71. Disused conservancy and septic tanks
- 72. Provision of a connecting sewer
- 73. Location of connecting sewer
- 74. Interconnection between premises
- 75. Disconnection of drainage installation from connecting sewer
- 76. Acceptance of sewage delivered by road haulage
- 77. Written permission for delivery of sewage by road haulage
- 78. Conditions for delivery of sewage by road haulage
- 79. Withdrawal of permission for delivery of sewage by road haulage
- 80. Application for disposal of industrial effluent
- 80A. Installation, supply and usage of garbage grinders
- 81. Unauthorised discharge of industrial effluent
- 82. Quality standards for disposal of industrial effluent
- 83. Conditions for disposal of industrial effluent
- 84. Withdrawal of written permission for disposal of industrial effluent
- 85. Measurement of quantity of standard domestic effluent discharged
- 86. Measurement of quantity of industrial effluent discharged
- 87. Reduction in the quantity determined in terms of sections 85 and 86
- 88. Construction or installation of drainage installation
- 89. Use of pipe and fitting in drainage installation to be authorised
- 90. Approval of drainage work
- 91. Unlawful drainage work
- 92. Ingress of stormwater into drainage installation prohibited
- 93. Emission of gas
- 94. Industrial grease traps
- 95. Mechanical appliances for lifting sewage
- 96. Drain in street or public place
- 97. Construction by council of drainage work
- 98. Maintenance of drainage installation
- 99. Installation of pre-treatment facility
- 100. Protection from ingress of floodwater
-
Chapter 4 – Enforcement of the by-laws and legal matters
- 101. Authorisation of designated officer
- 102. Functions of designated officer
- 103. Powers of designated officer
- 104. Procedure to execute work or conduct an inspection: entry with a written authorization
- 105. Procedure to execute work or conduct an inspection : entry without a written authorization
- 106. Observing fundamental rights
- 107. Using force to enter
- 108. Designated officer may be accompanied
- 109. Duty to produce document
- 110. Duty to answer question and assist designated officer
- 111. Compliance notice
- 112. Complaints against persons other than the council or service provider
- 113. Official address
- 114. Recovery of costs and fees
- 115. Legal compliance warranty
- 116. False statement or information
- 117. Exceptions to application of these by-laws
- 118. Exemptions
- 119. Offences
- 120. Application of this chapter
- 121. Repeal of by-laws
- 122. Short title
History of this By-law
-
20 June 2008 this version
Amended by Water Services: Amendment -
23 May 2005
Amended by Credit Control and Debt Collection -
21 May 2004
Published in Province of Gauteng: Provincial Gazette no. 179By-law commences.
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