HomeMy WebLinkAbout09 108 Regulate and Control Backwater Valves By-Law
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2009 - 108
BEING A BY-LAW TO REGULATE AND CONTROL THE INSTALLATION OF
BACKWATER VALVES WITHIN THE MUNICIPALITY OF KINCARDINE
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, Section 11
(3) 4 states that a lower municipality may pass by-laws respecting matters within
the sphere of jurisdiction of public utilities;
AND WHEREAS pursuant to the Municipal Act, Section 8 (1) and 9 provides that
the powers of a municipality under this or any other Act shall be interpreted
broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate and to enhance the
municipality's ability to respond to municipal issues and a municipality has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS the former Town of Kincardine passed By-law No. 4169
regulating and controlling the installation of back-up valves in sanitary sewer
connections;
AND WHEREAS the former Village of Tiverton passed By-law No. 1991-26 being
a by-law to provide for the installation of backflow preventers on sanitary sewer
drain connections that are or shall be connected to the sewer system in the
Village of Tiverton;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it important to enact a general by-law that provides protection from
backflow within the Municipality of Kincardine;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That every owner of a building required to, or will be required to, be connected
to the Municipality's sewer system shall have a backwater valve designed and
installed in accordance with the Ontario Building Code as to prevent backflow
of sewage into the building.
2. That such backwater valve shall be installed on the lands on which the building
or structure is located.
3. That the owner of the said building or structure shall be responsible for the
installation, maintenance, repair and replacement of such backwater valve.
4. That former Town of Kincardine By-law No. 4169 and former Village of
Tiverton By-law No. 1991-26 be hereby repealed.
5. That this By-law shall supercede any previous by-laws inconsistent with the
provisions contained herein.
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By-law No. 2009 - 108
Regulate and Control Backwater Valves By-law
Page 2
6. That any person violating any of the provisions of this by-law is guilty if an
offence and subject to the penalties as prescribed in Provincial Offences Act,
R.S.O 1990, c. P.33, as amended.
7. This by-law shall come into full force and effect upon its final passage.
8. This by-law may be cited as the "Regulate and Control Backwater Valves
By-law".
COND time this 8th day of July, 2009
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finally passed this 8th day of July, 2009
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