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Water Services By-law, 2004
- Published in Gauteng Provincial Gazette no. 179 on 21 May 2004
- Commenced on 21 May 2004
- [This is the version of this document from 30 September 2009 and includes any amendments published up to 24 March 2023.]
- [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]
- [Amended by Public Road, Electronic Communications Networks and Miscellaneous on 30 September 2009]
1. Definitions and interpretation
2. Meaning of certain words the same as in actsAny word or expression used in these By-laws to which a meaning has been assigned in-
3. Levels of service
4. Application for water services
5. Special agreements for water servicesThe 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.
6. Prescribed fees for water services
8. Payment for water services
8A. Payment in respect of prepayment metersWhen a consumer is supplied with water through a prepayment meter, in addition to the requirements of sections 7 and 8:
9A. ***[section 9A repealed by section 28 of the Credit Control and Debt Collection By-law, 2004]
9B. ***[section 9B repealed by section 28 of the Credit Control and Debt Collection By-law, 2004]
9C. ***[section 9C repealed by section 28 of the Credit Control and Debt Collection By-law, 2004]
9D. ***[section 9D repealed by section 28 of the Credit Control and Debt Collection By-law, 2004]
10. Termination of agreements
11. Limitation and/or discontinuation of water services
12. Restoration of water servicesWhen 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 sewerThe 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.
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 servicesWhere 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 serviceNo person may prevent or restrict physical access to the water supply system or sewage disposal system by any employee of the Council.
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 installationsAn owner of premises must ensure that no interconnection exists between –
26. Disconnection of water installation from connection pipeThe Council may disconnect a water installation from the connection pipe and remove the connection pipe if -
27. Water supplied from a hydrant
28. Quantity, quality and pressureWater 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
31A. Prepayment metering
32. Defective measurement
33. Special measurement
34. No reduction of amount payable for water wastedA 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 workWhere 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 appliancesA terminal water fitting and appliance using or discharging water must be marked, or have included within the packaging of the item, the following information:
43. Owner to prevent pollution of waterAn 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 -
43A. Protection of water supply system
43B. Design and installation of backflow preventerA backflow preventer contemplated in section 43A must 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 installationA 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 systemThe 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 placeNo 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 servicesThe 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 installationsAny 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 -
54. Connection pipes for fire extinguishing services
55. Valves in connection pipeEvery connection pipe must be fitted with a proper gate valve, which must be -
56. Inspection and approval of fire extinguishing installationNo water may be supplied to any fire extinguishing installation until -
57. Connection to be at the pleasure of the council
58. Meter in fire extinguishing connection pipeThe 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 installationA 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
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 drainThe 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 tankThe 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 latrineThe 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 servicesThe 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 premisesEvery 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 sewerThe 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–
76. Acceptance of sewage delivered by road haulageThe 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 haulageWhen sewage is delivered 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 installationAny 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 gasWhen 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 placeNo 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 workThe 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 facilityThe 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 floodwaterWhere 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.
Enforcement of the by-laws and legal matters
101. Authorisation of designated officerA 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 rightsA 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 accompaniedDuring 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 documentAny 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 providerAny one may lodge a complaint with a designated officer, either directly or through any other channel established by the Council, that another person –
113. Official address
114. Recovery of costs and feesAny 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 warrantyNotwithstanding any provision to the contrary, any consumer by making application for water services, warrants that he or she will –
116. False statement or informationNo 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
120. Application of this chapter
121. Repeal of by-lawsThe by-laws listed in schedule E are hereby repealed.
122. Short titleThese By-laws are called the Water Services By-laws, 2003.
History of this By-law
30 September 2009 this version
20 June 2008Amended by Water Services: AmendmentRead this version
23 May 2005Amended by Credit Control and Debt Collection
21 May 2004Published in Gauteng Provincial Gazette no. 179By-law commences.
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