COVID-19 RegulationsSome municipal functions such as public transport, restaurant hours and liquor sales are impacted by recent national COVID-19 regulations.
Read the COVID-19 regulations.
This is the latest version of this By-law.
Water Services By-law, 2014
- Published in Western Cape Provincial Gazette no. 7291 on 25 July 2014
- Commenced on 25 July 2014
- [Up to date as at 28 May 2021]
1. DefinitionsIn this By-law and the Schedules thereto unless the context otherwise indicates -"accommodation unit" in relation to any premises, means a building or section of a building occupied or used or intended for occupation or use for any purpose;"Act" means the Water Services Act, 1997 (Act 108 of 1997) and regulations promulgated in terms of it;"air gap" means the unobstructed vertical distance through the free atmosphere between the lowest opening from which any pipe, valve or tap, supplies water to a tank or fitting or other device, and the overflow level thereof;"approved" means approved by the Municipality in writing unless otherwise stated;"authorised official" means a person in the employ of the Municipality, authorised by the Municipality to implement and enforce the provisions of this By-law, or if the Municipality has appointed a service provider, an employee of such service provider, authorised by it as an authorised official in terms of this By-law and acting within the scope of the powers, functions and duties assigned to that service provider by the Municipality in terms of section 81(2) of the Systems Act or another applicable law;"backflow" means the flow of water in any pipe or fitting in a direction opposite to the normal direction of flow;"backflow preventer" means any device or means to prevent backflow;"back siphonage" means the backflow resulting from pressures lower than atmospheric pressure in the water installation;"basic sanitation" means the minimum standard of safe and hygienic sanitation services and sewage disposal rendered to households, prescribed in terms of the Act, under regulation 2 of Government Notice R.509 of 8 June 2001, as amended from time to time, or any substitution for that regulation;"basic water supply" means the minimum standard of water supply services necessary for the reliable supply of water to households to support life and personal hygiene, prescribed in terms of the act under regulation 3 of Government Notice R.509 of 8 June 2001, as amended from time to time, or any substitution for that regulation;"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 acceptable to the community, in the long term as well as in the short term;"borehole" includes a well, excavation or any artificially constructed or improved underground cavity which can be used for the purpose of-(a)Locating, intercepting, collecting or storing water in or removing water from an aquifer;(b)Observing and collecting data and information on water in an aquifer; or(c)Recharging an aquifer; and it also includes a spring;"Building Regulations" means the National Building Regulations made in terms of the National Building Regulations and Building Standards Act, 1997 (Act 103 of 1977) as amended;"business unit" in relation to any premises means any building or section of a building occupied or used, or intended to be used for purposes other than residential occupation;"capacity" in relation to a storage tank means the volume of the tank between the operating water level of the water contained in such tank and the invert of the outlet from the tank;"cleaning eye" means any access opening to the interior of a discharge pipe or trap provided for the purposes of internal cleaning;"combined installation" means a water installation used for fire-fighting and domestic, commercial or industrial purposes;"communal sewer" means a sewer main and connecting sewers and in respect of which a group of consumers and/or owners has constituted itself as a person willing to assume responsibility for, and has signed an agreement accepting responsibility, for the maintenance and repair of the communal sewer;"communal water services work" means a consumer connection through which water services are supplied to more than one person; the service is operated and maintained jointly by the users thereof and can include water supply and drainage systems;"compliance notice" means any notice issued by an authorised official under this By-law which instructs the person to whom it is issued to comply with the terms of the notice;"connection" means the point at which a consumer legally connects to;"connection pipe" means a pipe, including the water meter and stop valve, the ownership of which is vested in the Municipality and installed by it for the purpose of conveying water from a main to a water installation, and includes a "communication pipe" referred to in SANS 10125;"connecting point" means the connecting manhole or a similar installation point approved by the Municipality at which a drainage installation joins the connecting sewer;"connecting sewer" means a pipe owned by the Municipality and installed by it for the purpose of conveying sewage from a drainage installation on any premises, to a sewer beyond the boundary of those premises, or within a servitude area, or within an area covered by a way-leave or other type of agreement;"conservancy tank" means a covered tank used for the reception and temporary retention of sewage and which requires emptying at intervals;"consumer" means-(a)any person who occupies premises to whom, and in respect of which premises, the Municipality-(i)has agreed to provide water supply and/or sanitation services;(ii)is actually providing water supply and/or sanitation services;(iii)has entered into an agreement with the Municipality for the provision of water and/or sanitation services to or on such premises; or(b)if there be no such person then the owner of any premises to which the Municipality is providing water supply and/or sanitation services;(c)provided that where water supply and/or sanitation services are provided through a single connection to a number of accommodation units or consumers or occupiers, means the person to whom the Municipality agreed to provide such water services;(d)any end-user who receives water supply and /or sanitation services from the Municipality or another water supply and/or sanitation services institution; or(e)a person that obtains access to water supply and/or sanitation services provided through a communal water services work;"domestic purposes" in relation to the supply of water means the general use of water supplied for personal and residential uses, including health and hygiene, drinking, ablution, culinary, household and garden maintenance;"drain" means that portion of the drainage installation that conveys sewage within any premises;"drainage installation'" means a system situated on any premises the ownership of which is vested in the owner of such premises up stream of the connection point at the municipal main sewer, including the connecting manhole, and that is used for or intended to be used for or in connection with the reception, storage, treatment or conveyance of sewage or other form of wastewater on that premises to the connecting point, and includes a drain, a fitting, an appliance, a septic tank, a conservancy tank, a pit latrine and a private pumping installation, forming part of or being ancillary to such system;"drainage work" includes any drain, sanitary fitting, water supplying apparatus, waste or other pipe or any work connected with the discharge of liquid or solid matter into any drain or sewer or, otherwise connected with the drainage of any premises;"duly qualified sampler" means a person who takes samples for analysis from the sewage disposal and storm water disposal systems and from public waters and who has been certified to do so by an authorised official;"dwelling unit" means an interconnected suite of rooms designed for residential purposes and occupation by a single household, regardless of how many persons comprise the household and irrespective of whether the dwelling unit is a single building or forms part of a building containing two or more dwelling units;"ECA" means the Environment Conservation Act, 1989 (Act No. 73 of 1989) and any regulations made in terms thereof, or any superseding legislation;"ECSA" means the Engineering Council of South Africa;"effluent" means any liquid, whether or not containing matter in solution or suspension, which is discharged from any premises directly or indirectly into a drainage work;"effluent standards" means the standards for effluent prescribed in government notice no. 9225 of 18 May 1984."EIA" means an environmental impact assessment as contemplated in NEMA and/or the ECA and further in accordance with the EIA Regulations as published in Government Notice R 1183 on 5 September 1997 or the EIA Regulations as published in Government Notice R.543 on 18 June 2010, as amended from time to time."engineer" means a qualified engineer, technologist or technician that is a full time employee of the Municipality with delegated powers to act in respect of the applicable function;"emergency" means any situation that poses a risk or potential risk to life, health, the environment, or property, or declared to be an emergency under any law;"environmental restoration cost" means the full cost of all measures necessary to restore the environment to its condition prior to an incident which causes damage to it, and in the event of this not being possible the value of the cost benefit that has been lost through the damage to or destruction of the environment;"fire hydrant" means a water installation that conveys water intended for fire-fighting purposes only and which shall be in accordance with SANS 10400-W;"fixed quantity water delivery system" means a water installation, which delivers a fixed quantity of water to a consumer in any single day;"flood level (1 in 50 year)" means that level reached by flood waters resulting from a storm of a frequency of 1 in 50 years;"flood plain (1 in 50 year)" means the area subject to inundation by flood waters from a storm of a frequency of 1 in 50 years;"french drain" means a soil soak pit for the disposal of sewage and effluent from a septic tank;"general installation" means a water installation which conveys water for a combination of domestic, commercial and industrial purposes;"grey water" means wastewater resulting from use of water for domestic purposes including bath, shower, bathroom sink and washing machine water and specifically excluding:(a)kitchen water due to its fat content; and(b)water containing human excreta;"household" means the family unit of persons, or individuals, in occupation of a building or part of a building, designed for residential occupation by such family unit, or individuals;"illegal connection" means a connection to any system, by means of which water services are provided that is not authorised or approved by the Municipality and/or paid for as calculated by the Municipality;"industrial effluent" means any liquid, whether or not containing matter in solution or suspension, which is generated as a result of any trade, manufacturing, mining, chemical, other industrial process, in any laboratory, in the course of research, agricultural activity, matter discharged from a waste grinder and includes any liquid or effluent emanating from the use of water, other than standard domestic effluent or storm water, and "trade effluent" bears the same meaning;"industrial purposes" means water supplied to any premises which constitutes a factory as defined in the General Administrative Regulations, published in terms of the Occupational Health and Safety Act, 1993 (Act 85 of 1993) including the use of water for purposes of mining, manufacturing, retailing and service industries, generating electricity, land-based transport, construction or any related purpose;"installation work" means any work done in respect of a water services installation including construction, rehabilitation, improvement and maintenance;"interest" means a levy with the same legal property as service fees and calculated in terms of this By-law on all amounts in arrears in respect of prescribed fees for water services at a standard rate equal to an interest rate as determined by the Customer Care, Credit Control and Debt Collection By-law of the Municipality;"main" means a pipe, other than a connection pipe, of which the ownership vests in the Municipality and which is used by it for the purpose of conveying water to any number of consumers;"manhole" means an access chamber of such depth and dimensions that allows a person access to the interior of the sewer for the purposes of maintenance and internal cleaning thereof;"measuring device" means a water meter, any method, procedure, process, device, apparatus, or installation that enables the quantity and/or quality of water services provided to be quantified or evaluated including an estimation or assumption;"meter" means a water meter as defined by Regulation 81(a) Government Notice R. 2362 dated 18 November 1977, published in terms of the Trade Metrology Act, 1973 (Act 77 of 1973) or any superseding legislation or, in the case of a water meter of a size greater than 100 mm, a device which measures the quantity of water passing through it, or a measuring device including a pre-payment meter, any of which must be approved by the SABS;"Municipality" means -(a)the Drakenstein Local Municipality established in terms of section 12 of the Structures Act, Provincial Notice No. 488 dated 22 September 2000 or its successors in title, and includes a structure or person exercising a delegated power or carrying out an instruction in terms of this By-law and legislation applicable to local government; or(b)a service provider fulfilling a responsibility under this By-law, assigned to it in terms of section 81(2) of the Systems Act or any other law, as the case may be;"Municipal Council" means the municipal council of the Municipality as provided for in section 157 of the National Constitution and section 18 of the Structures Act;"Municipal service" means the municipal service relating to the provision of water services by the Municipality or a service provider on behalf of the Municipality, in accordance with this By-law;"National Water Act" means the National Water Act, 1998, (Act 36 of 1998);"NEMA" means the National Environmental Management Act, 1998 (Act 107 of 1998);"nuisance" means any condition, thing, act or omission which is offensive such as bad odours or injurious or which tends to prejudice the safety, good order, peace or health of one or more of the residents or the environmental health in any particular locality within the area of the Municipality, or the rights, or reasonable comfort, convenience or quiet of the occupants of any area within the Municipality's jurisdiction;"occupier" means a person who occupies any premises or part thereof, without regard to the title under which he so occupies the premises and includes—(a)any person in actual occupation of those premises;(b)any person legally entitled to occupy those premises;(c)in the case of those premises being subdivided and let to lodgers or various tenants, the person receiving the rent payable by such lodgers or tenants whether on the person’s own account or as agent for any person entitled thereto or interested therein;(d)any person having the charge of or management of those premises, and includes the agent of any such person when the person is absent from the Republic of South Africa or his whereabouts are unknown; or(e)the owner of those premises;"on-site sanitation services" means a conservancy tank, septic tank, chemical toilet, urine diversion system, "VIP" or related systems other than water borne sewerage disposal through a sewerage disposal system;"operating level" means the level of water reached in a storage tank when the valve controlling the inlet of water to the tank closes under normal operating conditions;"owner" includes -(a)the person in whom is vested the legal title to premises, including, but not limited to, the registered owner according to the title deed;(b)where the person in whom the legal title to the 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 Municipality 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; and(d)in the case of premises for which a lease agreement of ten years or longer has been entered into and registered in the Deeds Office, the lessee thereof;(e)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 the relevant unit is registered under a sectional title deed, and includes the lawfully appointed representative of such person;(f)the person who has purchased immovable property from the Municipality, in terms of a scheme that allows for the purchase price to be paid in instalments and who has not received transfer from the Municipality;(g)any person who acquires any right to land by virtue of the provisions of any law applicable in the Province of the Western Cape;"owner’s water installation" means all the pipe work and water fittings installed by the consumer for connecting into the water installation of the Municipality;"permit holder" means a person who has obtained the written permission of the Engineer to discharge or cause or permit to discharge industrial effluent into the sewage disposal system;"person" means any natural person, local government body or like authority, a company incorporated under any law, a body of persons whether incorporated or not, a statutory body, public utility body, voluntary association or trust;"pollution" means the introduction of any substance into public water, (e.g. river, stream or dam) a storm water system, the water supply system, a water installation or a water resource that may directly or indirectly alter the physical, chemical or biological properties of the water found therein so as to make it(a)less fit for its normally intended use or 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 non-aquatic organism;(iii)to the natural environment. (e.g. ground water, vegetation or land);"premises" means any piece of land, with or without improvements, the external surface boundaries of which are delineated on-(a)a general plan or diagram registered in terms of the Land Survey Act, 1927 (Act 9 of 1927), or in terms of the Deeds Registries Act, 1937 (Act 47 of 1937); or(b)a sectional plan registered in terms of the Sectional Titles Act, 1986 (Act 95 of 1986); or(c)which is situated within the area of jurisdiction of the Municipality;"pre-payment measuring device" means a meter that can be programmed to limit the flow of water into a water installation to the amount which has been previously purchased;"prescribed" means, determined by the Municipal Council or another authority as is relevant to the context;"prescribed fee" means a fee including a rate, charge, tariff, flat rate, subsidy or any other cost determined by the Municipal Council by resolution;"private combined water service" means a private consumer connection and water services system, serving more than one consumer or property; the service is operated and maintained by all the consumers thereof collectively, and may include water supply, foul sewer and septic tank systems;"professional person" means a person registered in terms of the engineering profession act, 2000 (Act 46 of 2000) for the appropriate field of expertise and registered with ECSA;"public notice" means notice to the public in a manner determined by the Municipality in accordance with applicable legislation;"public water" means any river, watercourse, bay, estuary, the sea and any other water to which the public has the right of use or to which the public has the right of access;"qualified plumber" means a person who has passed the relevant National Certificate II and the plumber trade test and such other qualification as may be required under national legislation;"residential unit" in relation to any premises, means a building or section of a building occupied or used or intended for residential occupation or use by any person and includes a dwelling unit;"registered plumber" means a qualified plumber registered with the Plumbing Industry Registration Board or included in the Municipal Register of Approved Plumbers;"SABS" means the South African Bureau of Standards;"SANS" means the South African National Standards as prescribed by the SABS;"SANS 241" (including any amendments thereto) means the standards prescribed for the quality of drinking water;"sanitation services" means the collection, removal and disposal or purification of human excreta, standard domestic effluent, wastewater, sewage and effluent resulting from the use of water for commercial purposes and, for the purposes of this By-law, also includes the disposal of industrial effluent;"septic tank" means a water tight tank designed to receive sewage and to effect the adequate decomposition of organic matter in sewage by bacterial action and includes a french drain;"service pipe" means a pipe which is part of a water installation provided and installed on any premises by the owner or occupier, and which is connected or to be connected to a connection pipe to serve the water installation on the premises;"sewage" means wastewater, industrial effluent, standard domestic effluent and other liquid waste, either separately or in combination, but shall not include storm water;"sewage disposal system" means the structures, valves, pipes, pumps, meters or other appurtenances used in the conveyance through the sewer reticulation system and treatment at the sewage treatment works under control of the Municipality and which may be used by it in connection with the disposal of sewage;"sewer" means any pipe or conduit which is the property of or is vested in the Municipality and which may be used for the conveyance of sewage from the connecting sewer and shall not include a drain as defined;"standard domestic effluent" means domestic effluent with prescribed strength characteristics in respect of chemical oxygen demand and settable solids as being appropriate to sewage discharges from domestic premises within the jurisdiction of the Municipality, but shall not include industrial effluent;"standpipe" means a connection through which water supply services are supplied to more than one person;"stop-valve" means a valve for the connection or disconnection of water supply; the stop-valve between the municipal main and the water meter is known as the municipal stop-valve, for exclusive control over and use by the municipality; the consumer’s stop-valve is situated downstream of the water meter and is for exclusive use by the consumer except when the municipality has to do maintenance on the water installation."storm water" means water resulting from natural precipitation or accumulation and includes rainwater, subsoil water or spring water but excludes swimming pool backwash and sewage;"Structures Act" means the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998);"Systems Act" means the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000);"tariff" means the annually revised user charge for the provision of the municipal service, determined and promulgated by the Municipality through its Tariff By-law in terms of the Systems Act;"terminal water fitting" means a water fitting at an outlet of a water installation that controls the discharge of water from a water installation;"trade premises" means premises upon which industrial effluent is produced;"trap" means a pipe fitting or portion of a sanitary appliance designed to retain water seal, which serves as a barrier against the flow of foul air or gas, in position;"waste grinder" means any mechanically operated device which grinds and flushes matter into the wastewater system or removes from vegetables or other foodstuffs, peels, skins, scales or other matter for discharge directly or indirectly into the wastewater system, and includes effluent from a food waste grinder;"water fitting" means a component of a water installation, other than a pipe, through which water passes or in which it is stored;"water installation" means the pipes and water fittings which are situated on any premises the ownership of which is vested in the owner of the premises and used or intended to be used in connection with the use of water on such premises, and includes a pipe and water fitting situated outside the boundary of the premises, which either connects to the connection pipe relating to such premises or is otherwise laid with the permission of the municipality;"water services" means water supply services and sanitation services;"water services intermediary" means any person who provides water services to another, where the obligation to provide water services is incidental to the main object of the contract between them;"water supply services" means the abstraction, conveyance, treatment and distribution of potable water, water intended to be converted to potable water or water for commercial use and includes for the purpose of this By-law water for industrial purposes and fire fighting services;"water supply system" means the structures, aqueducts, pipes, valves, pumps, meters or other apparatus relating thereto which is vested in the Municipality, and are used or intended to be used by it in connection with the supply of water and includes any part of the system;"wet industry" means an operation which discharges industrial effluent and/or which annually uses an average of more than 100 kilolitres of water on its premises per day;"working day" means a day other than a Saturday, Sunday or public holiday;"working hours" means normal working hours as approved by the Municipal Council which may be amended from time to time:"working month" means a calendar month excluding any Saturday, Sunday and public holiday.
2. Meaning of words
Access to water services
Part 1 – Levels of service
3. Levels of service
Part 2 – Application
4. Application for water services
5. Special agreements for water services
6. Purpose of supplyWhere the purpose for or the extent to which water services is used changes, the consumer must promptly advise the Municipality of the change and shall enter into a new agreement with the Municipality as prescribed in Sections 4 and 5.
Part 3 – Deposits, payments and accounts
8. Fees for services
10. Payment for water services
11. Appeals against finding of municipality in respect of queries or complaints
12. Payment in respect of pre-payment metersWhen a consumer is supplied with water through a pre-payment meter, in addition to the requirements of section 4:(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 pre-payment meter token is produced;(b)when a consumer vacates any premises where a pre-payment meter is installed, no refund for the credit remaining in the meter shall be made to the consumer; and(c)the Municipality shall not be liable for the reinstatement of credit in a pre-payment meter lost due to tampering with, or the incorrect use or abuse of a pre-payment meter and/or token.
Water supply services
Part 1 – Conditions
13. Specific conditions of water supply
Part 2 – Connection, quantity and quality of water supply
14. Provision of connection pipe
15. Location of connection pipes
16. Interconnection between premisesAn owner of premises shall ensure that-(1)no interconnection exists between the water installation on his premises and the water installation on other premises; or(2)where several accommodation units are situated on the same premises, no interconnection exists between water installations of the accommodation units;unless he has obtained the prior written consent of Municipality and complies with any conditions that it may have imposed.
17. Provision of single water connection for supply to several consumers on same premises
18. Restriction or cutting–off of supply
19. Interruption of supply at owner’s request
20. Disconnection of water supply
21. Water supplied from a hydrant
22. Communal water services works
23. Quantity, quality and pressure
Part 3 – Measuring water supplied
24. Measuring the quantity of water supplied
25. Quantity of water supplied to consumer
26. Defective measurement
27. Adjustment of quantity of water supplied through defective measuring device
28. Special reading at request of consumerThe Municipality must, on receipt from the consumer of written notice of not less than 5 working days and subject to payment of the prescribed fee, read a measuring device at a time or on a day other than that upon which it would normally be read.
29. Special measurement
Part 4 – Installation work and use of pipes and fittings
30. Approval of installation work
31. Persons permitted to do installation work
32. Provision and maintenance of water installation
33. Technical requirements for water installation
34. Use of pipes and water fittings to be authorised
35. Labelling of terminal water fittings and appliancesAll terminal water fittings and appliances using or discharging water shall 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;(b)the flow rates, in litres per minute, related to the design pressure range; provided that this information shall be given for at least the following water pressures:(i)20 kPa(ii)100 kPa(iii)400 kPa
36. Unlawful water installationWhere any installation work has been constructed in contravention of this By-law, the owner must on receiving a compliance notice by the Municipality, carry out such alterations to the installation as prescribed in the notice.
37. Pipe in street or public place
Part 5 – Installations for fire fighting purposes
38. Connection to be approved by the municipality
39. Special provision for fire fighting servicesAny water installation for the provision of water for fire fighting purposes, must comply with the provisions of the relevant parts of SANS 10125 or any revision or substitution thereof and, as applicable, SANS 10400-W and SANS 10400-T or other relevant parts of SANS 10400 or other national standards as may be applicable.
40. Inspection and approval of fire fighting installation
41. Dual and combined installations
42. Connection pipe for fire fighting services
43. Valves and meters in connection pipelineEvery connection pipe to a fire fighting installation must be fitted with a proper gate valve, a strainer, a measuring device and an applicable non-return valve as approved by the Municipality, which shall be supplied by the Municipality at the expense of the consumer or the consumer may supply it but it will be installed by the Municipality.
44. Sprinkler extinguishing installationThe Municipality is not bound to guarantee any specified pressure and/or flow to a sprinkler installation.
45. Header tank or double supply from main
46. Sealing of private fire hydrant
Part 6 – Water conservation and prevention of pollution
47. Waste of water
48. Car washing facilities
49. "Grey water" practices
50. Equipment specification to facilitate water conservation
51. Water demand management
52. Water restrictions
53. Owner to prevent pollution of water
54. Protection of water supply system and installation
Part 7 – Water supply services: miscellaneous
55. Use of water from source other than water supply system
56. Notification and use of boreholes
57. Sampling of water
58. Supply of non-potable water by municipality
59. Testing of pressure in systemThe Municipality may, on application by an owner and on payment of the prescribed fee, determine and furnish the owner with the value of the pressure in the water supply system relating to his premises, over such period as the owner may request.
60. Warning notices
61. Water audit
Part 1 – Standards
62. Standards for sanitation services
Part 2 – On-site sanitation and associated services
63. Application and conditions for on-site sanitation infrastructure
64. Septic tank and treatment plant
65. French drainThe Engineer may subject to the Guidelines for the Use of Septic Tank Systems in the South African Coastal Zone, TT 114/99 (or as amended) of the Water Research Commission and further at its discretion and on such conditions as it may prescribe, having regard to the quantity and the 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.
66. Conservancy tank
67. Ventilated improved pit latrineThe Engineer may at its discretion and on such conditions as it may prescribe, having regard to-(1)the nature and permeability of the soil;(2)the depth of the water table and any other factors which may have the potential to cause harm to the environment if approval is granted;(3)the size of and access to the site; and(4)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 Engineer.
68. Services associated with on-site sanitation services
69. Disused conservancy and septic tanks
Part 3 – Sewage disposal
70. Provision of a connecting sewer
71. Provision of one connecting sewer for several consumers on same premises
72. Interconnection between premises
73. Sewage delivered by road haulage
74. Measurement of the quantity of standard domestic effluent discharged
Part 4 – Industrial effluent
75. Application for the disposal of industrial effluent
76. Unauthorised discharge of industrial effluentIf the Municipality has reason to suspect a person is discharging industrial effluent which may cause excessive maintenance, odours, discomfort to other users or damage to the municipal sewage disposal system through a domestic connection, the Municipality shall seal the domestic sewer connection and require the person to apply for the disposal of industrial effluent in accordance with section 75. No person other than the Municipality shall permit the opening of the domestic connection and only when the Engineer is satisfied that commercial or industrial effluent is no longer disposed of through the connection and any prescribed fees had been paid.
77. Test samples
78. Norms, standards and conditions for disposal of industrial effluent
79. Withdrawal of written permission for disposal of industrial effluent
80. Measurement of quantity of industrial effluent discharged
81. Damage to sewage disposal system or the environment
82. Periodic reviewAcceptance of the industrial effluent shall be subject to periodic review; provided that such review may be executed at any time if, in the opinion of the Engineer, special circumstances exists to justify such review.
83. Change in processThe Municipality shall be notified in writing of any proposed change in the process of manufacture or production or in the flow, quantity or nature of the materials used which is likely to affect the nature, composition or quantity of the industrial effluent discharged prior to these changes being effected and its permission for the continued discharge of such effluent shall be obtained in writing prior to the implementation of any changes.
Part 5 – Drainage installations
84. Construction or installation of drainage installations
85. Construction by the municipalityThe Municipality may agree with the owner of any premises that any drainage work which such owner desires, or is required to construct in terms of this By-law or the Building Regulations, will be constructed by the Municipality against payment, in advance or on demand, of all costs associated with such construction.
86. ServitudesA servitude shall be registered at the cost of the owner prior to a drain being installed across the property of another party. The Municipality may also require the registration of a servitude where necessary.
87. Drains in streets and public placesNo person shall for the purpose of conveying sewage derived from whatever source, lay or 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 the Engineer and subject to such conditions as it may impose and work may only commence after the approval of a building or service plan and way leaves for all services whether these be municipal, private, state or semi-state provided.
88. Maintenance of drainage installation
89. Disconnection of drainage installation
Part 6 – Sanitation: miscellaneous
90. Reduction in the quantity determined in terms of domestic effluentA person shall be entitled to a reduction in the quantity determined in terms of section 74 if the quantity of water was measured during a period in terms of which the Municipality granted a water leakage discount as per sections 9(4) and 25(11) and the consumer can demonstrate to the satisfaction of the Municipality that the wasted water was not discharged into the sewage disposal system.
91. Objectionable discharge to sewage disposal system
92. Damage to sewage disposal system
93. Consequential maintenance of sewersWhenever a sewer is damaged or becomes obstructed or in need of repair as a result of an 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 Municipality shall be entitled to remove the obstruction or perform the maintenance or repairs deemed necessary by the authorised official, at the expense of such person.
94. Installation of pre-treatment facility
95. Protection from ingress of floodwatersWhere a premise is situated in the 1 in 50 years flood plain the top level of service access holes, inspection chambers and gullies are to be above the 1 in 50 years flood level, except, in the case of service access holes and inspection chambers, where the cover is secured in place by approved means.
96. Work by private persons
97. Non-waterborne disposal of effluent
98. Other sanitation services
Part 1 – Unlawful actions and termination
99. General responsibility for compliance with this by-law and other laws
100. Interference with water services
101. Obstruction of access to water supply system or sanitation service
102. Prohibition of access to water services other than through the municipality
103. Unauthorised use of water services
104. Termination of agreements
Part 2 – Water services intermediaries
105. Water services intermediaries
Part 3 – Enforcement of by-laws and other legal matters
106. Authorisation of an officialThe Municipality and a service provider as contemplated in the definition of Municipality and in section 76 of the Systems Act may authorise any person in its employ to become an authorised official in terms of this By-law.
107. Functions of an authorised official
108. Notices and documents
109. Compliance notices
110. Power of entry and inspection
111. Powers of an authorised official
112. Using force to enter
113. Authorised official may be accompaniedDuring the execution of any work or an inspection, an authorised official may be accompanied by a member of the South African Police Services or by any other person reasonably required to assist in executing the work or conducting the inspection.
114. 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 an authorised official.
115. Complaints against persons other than the municipalityAnyone may lodge a complaint with an authorised official, either directly or through any other channel established by the Municipality, 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 the provisions of this By-law;in which event the authorised official, unless he 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 this By-law.
116. Recovery of costs and feesAny costs which the Municipality is entitled to recover from a consumer, owner or other person in terms of this By-law include, where applicable, any prescribed fees, expenses incurred in any exploratory investigation, survey, plan, specification, or schedule of quantities compilation, supervision, administration or authorisation charges, including the cost of any ancillary work associated therewith, wear and tear on plant and equipment utilised 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 and sanitation services work.
117. Liabilities and compensationThe Municipality will not be liable for damages or compensation arising from anything done by it in terms of this By-law.
118. Legal compliance warrantyNotwithstanding any provisions to the contrary, any consumer by making application for water services, warrants that he will -(a)in his activities, application and use of the water services, comply with all relevant laws, regulations 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)in so far as such harm to the environment is authorised 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.
119. False statement or informationNo person may make a false statement or furnish false information including the detail on building and engineering plans, to the Municipality, an authorised official or an employee of the Municipality, or falsify a document issued in terms of this By-law.
120. Exceptions and transitional arrangements
122. AppealsAn appeal to a decision of the Municipality taken in terms of delegated powers must be made in terms of section 62 of the Systems Act by giving written notice of the appeal and the reasons therefor within 21 days of the date of notification of the decision to the municipal manager.
125. Application of this by-lawThis By-law applies to all persons or bodies, including organs of State, situated within the area of jurisdiction of the Municipality.
126. Repeal of by-lawsThe provisions of any by-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality are hereby repealed as far as they relate to matters provided for in this by-law.
127. Short title and commencementThis By-law is called the Water Services By-law,2014 and commences on the date of publication in the Provincial Gazette.
- Entire By-law
- Chapter 1 – Interpretation
Chapter 2 – Access to water services
- Part 1 – Levels of service
- Part 2 – Application
- Part 3 – Deposits, payments and accounts
Chapter 3 – Water supply services
- Part 1 – Conditions
Part 2 – Connection, quantity and quality of water supply
- 14. Provision of connection pipe
- 15. Location of connection pipes
- 16. Interconnection between premises
- 17. Provision of single water connection for supply to several consumers on same premises
- 18. Restriction or cutting–off of supply
- 19. Interruption of supply at owner’s request
- 20. Disconnection of water supply
- 21. Water supplied from a hydrant
- 22. Communal water services works
- 23. Quantity, quality and pressure
- Part 3 – Measuring water supplied
Part 4 – Installation work and use of pipes and fittings
- 30. Approval of installation work
- 31. Persons permitted to do installation work
- 32. Provision and maintenance of water installation
- 33. Technical requirements for water installation
- 34. Use of pipes and water fittings to be authorised
- 35. Labelling of terminal water fittings and appliances
- 36. Unlawful water installation
- 37. Pipe in street or public place
Part 5 – Installations for fire fighting purposes
- 38. Connection to be approved by the municipality
- 39. Special provision for fire fighting services
- 40. Inspection and approval of fire fighting installation
- 41. Dual and combined installations
- 42. Connection pipe for fire fighting services
- 43. Valves and meters in connection pipeline
- 44. Sprinkler extinguishing installation
- 45. Header tank or double supply from main
- 46. Sealing of private fire hydrant
- Part 6 – Water conservation and prevention of pollution
- Part 7 – Water supply services: miscellaneous
Chapter 4 – Sanitation services
- Part 1 – Standards
- Part 2 – On-site sanitation and associated services
- Part 3 – Sewage disposal
Part 4 – Industrial effluent
- 75. Application for the disposal of industrial effluent
- 76. Unauthorised discharge of industrial effluent
- 77. Test samples
- 78. Norms, standards and conditions for disposal of industrial effluent
- 79. Withdrawal of written permission for disposal of industrial effluent
- 80. Measurement of quantity of industrial effluent discharged
- 81. Damage to sewage disposal system or the environment
- 82. Periodic review
- 83. Change in process
- Part 5 – Drainage installations
Part 6 – Sanitation: miscellaneous
- 90. Reduction in the quantity determined in terms of domestic effluent
- 91. Objectionable discharge to sewage disposal system
- 92. Damage to sewage disposal system
- 93. Consequential maintenance of sewers
- 94. Installation of pre-treatment facility
- 95. Protection from ingress of floodwaters
- 96. Work by private persons
- 97. Non-waterborne disposal of effluent
- 98. Other sanitation services
Chapter 5 – General provisions
Part 1 – Unlawful actions and termination
- 99. General responsibility for compliance with this by-law and other laws
- 100. Interference with water services
- 101. Obstruction of access to water supply system or sanitation service
- 102. Prohibition of access to water services other than through the municipality
- 103. Unauthorised use of water services
- 104. Termination of agreements
- Part 2 – Water services intermediaries
Part 3 – Enforcement of by-laws and other legal matters
- 106. Authorisation of an official
- 107. Functions of an authorised official
- 108. Notices and documents
- 109. Compliance notices
- 110. Power of entry and inspection
- 111. Powers of an authorised official
- 112. Using force to enter
- 113. Authorised official may be accompanied
- 114. Duty to produce document
- 115. Complaints against persons other than the municipality
- 116. Recovery of costs and fees
- 117. Liabilities and compensation
- 118. Legal compliance warranty
- 119. False statement or information
- 120. Exceptions and transitional arrangements
- 121. Exemptions
- 122. Appeals
- 123. Offences
- 124. Penalties
- 125. Application of this by-law
- 126. Repeal of by-laws
- 127. Short title and commencement
- Part 1 – Unlawful actions and termination
History of this By-law
25 July 2014 this versionPublished in Western Cape Provincial Gazette no. 7291By-law commences.