Hessequa
South Africa
South Africa
Water Supply, Sanitation and Industrial Effluent By-law, 2008
- Published in Western Cape Provincial Gazette 6588 on 19 December 2008
- Commenced on 19 December 2008
- [This is the version of this document from 19 December 2008 and includes any amendments published up to 9 June 2023.]
1. Definitions
In this by-law, words used in the masculine gender include the feminine, the singular includes the plural and vice versa, the English text shall prevail in the event of an inconsistency between the different texts, and, 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 No. 108 of 1997), as amended from time to time;“approved” means approved by the municipality;“authorised agent” means a person authorised by the municipality to perform any act, function or duty in terms of, or exercise any power under, this by-law;“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 society, 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)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;“Building Regulations” means the National Building Regulations made in terms of the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977);“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.“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 0252 Part I - ;“connecting point” means the connecting manhole or approved similar installation point at which the 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 a 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 by agreement;“consumer” means –(a)any occupier of any premises to which or on which the municipality has agreed to provide water services or is actually providing water services, or if there be no occupier, then any person who has entered into a current agreement with the municipality for the provision of water services to or on such premises, or, if there be no such person, then the owner of the premises; provided that where water services is provided through a single connection to a number of occupiers, it shall mean the occupier, or person, to whom the municipality has agreed to provide water services; or(b)a person that obtains access to water services provided through a communal water services work;“drain” means that portion of the drainage installation that conveys sewage within any premises;“drainage installation” means a system, located on any premises and vested in the owner thereof, up stream of the connection point at the municipal main sewer, including the connecting manhole, and is used for or intended to be used for or in connection with the reception, storage, treatment or conveyance of sewage on that premises to the connecting point and includes drains, fittings, appliances, septic tanks, conservancy tanks, pit latrines and private pumping installations forming part of or ancillary to such systems;“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 agent;“effluent” means any liquid whether or not containing matter in solution or suspension;“emergency” means any situation that poses a risk or potential risk to life, health, the environment or property;“environmental cost” means the full cost of all measures necessary to restore the environment to its condition prior to the damaging incident;“fire hydrant” means an installation that conveys water for fire fighting purposes only;“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 years)” means that level reached by flood waters resulting from a storm of a frequency of 1 in 50 years;“flood plain (1 in 50 years)” means the area subject to inundation by flood waters from a storm of a frequency of 1 in 50 years;“high-strength sewage” means sewage with a strength or quality greater than standard domestic effluent;“industrial effluent” means effluent emanating from industrial use of water, including for the purposes of this by-law, any effluent other than standard domestic effluent or storm water;“installation work” means work in respect of the construction of, or carried out on a water installation;“mains” means a pipe, other than a connection pipe, vesting in the municipality and used by it for the purpose of conveying water to a consumer;“measuring device” means any method, procedure, process or device, apparatus, installation that enables the quantity of water services provided to be quantified and includes a method, procedure or process whereby quantity is estimated or assumed;“meter” means a water meter as defined by the Regulations published in terms of the Trade Metrology Act, 1973 (Act No. 77 of 1973), or, in the case of water meters of size greater than 100. mm, a device which measures the quantity of water passing through it;“municipality” means the Municipality of Hessequa established in terms of Section 12 of the Local Government: Municipal Structures Act, 117 of 1998, Provincial Notice 488 dated 22 September 2000 and includes any political structure, political office bearer, councillor, duly authorised agent thereof or any employee thereof acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such political structure, political office bearer, councillor, agent or employee;“occupier” means a person who occupies any premises or part thereof, without regard to the title under which he occupies;“on-site sanitation service” means a bucket system, septic tank, chemical toilet, urine diversion system, “VIP” or related systems;“owner” means –(a)the person in whom from time to time is vested the legal title to premises;(b)in a case where the person in whom the legal title to 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;(d)in the case of premises for which a lease agreement of 30 years or longer has been entered into, 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 No. 95 of 1986), the developer or the body corporate in respect of the common property, or(ii)a section as defined in the Sectional Titles Act, 1986 (Act No. 95 of 1986), the person in whose name such section is registered under a sectional title deed and includes the lawfully appointed agent of such a person;“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, (eg 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 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. (eg ground water, vegetation or land);“premises” means any piece of land, 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 No. 9 of 1927), or in terms of the Deeds Registries Act, 1937 (Act No. 47 of 1937); or(b)a sectional plan registered in terms of the Sectional Titles Act, 1986 (Act No. 95 of 1986);(c)a register held by a tribal authority;“prescribed tariff or charge” means a charge prescribed by the municipality;“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;“public notice” means notice to the public in a manner determined by the council;“public water” means any river, dam, 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;“sanitation services” has the same meaning assigned to it in terms of the Act and includes for purposes of this by-law water for industrial purposes and the disposal of industrial effluent;“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 waste water, 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, pipes, valves, pumps, meters or other appurtenances used in the conveyance through the sewer reticulation system and treatment at the sewage treatment plant under the 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;“stop-valve” 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;“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;“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 and vested in the owner thereof 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” has the same meaning assigned to it in terms of the Act and includes for purposes of this by-law water for industrial purposes and the disposal of industrial effluent;“water services intermediary” means any person who provides water services to another, where the obligation to provide water is incidental to the main object of the contract between them;“water supply services” has the same meaning assigned to it in terms of the Act and includes for purposes of this by-law water for industrial purposes and the disposal of industrial effluent;“water supply system” means the structures, aqueducts, pipes, valves, pumps, meters or other apparatus relating thereto which are 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.Chapter I
General provisions
2. Application for water services
3. Special agreements for water services
The municipality may enter into a special agreement for the provision of water services to –4. Prescribed tariffs and charges for water services
All tariffs and or charges payable in respect of water services rendered by the municipality in terms of this by-law, including but not limited to the payment of connection charges, fixed charges or any additional charges or interest in respect of failure to pay such tariffs or charges on the specified date will be set by the municipality by a resolution passed by the Council in accordance with:5. Fixed charges for water services
6. Payment of deposit
7. Payment for water services provided
8. Accounts
9. Termination of agreement for the provision of water services
10. Limitation and/or discontinuation of water services provided
11. Responsibility for compliance with this by-law
12. Exemption
13. Unauthorised use of water services
14. Change in purpose for which water services are used
Where the purpose or extent for which water services are used is changed, the consumer must enter into a new agreement with the municipality.15. Interference with water supply system or any sanitation services
16. Obstruction of access and reparation of defects to water supply system or any sanitation services
17. Water services intermediaries and people living on farms
18. Notices and documents
19. Power to serve and compliance with notices
20. General powers
21. False statements or information
No person shall make a false statement or furnish false information to the municipality or falsify a document issued in terms of this by-law.22. Offences
Chapter II
Water supply services
23. Provision of connection pipe
24. Location of connection pipe
25. Provision of single water connection for supply to several consumers on same premises
26. Interconnection between premises or water installations
An owner of premises shall ensure that no interconnection exists between the water installation on his premises and the water installation on other premises.27. Disconnection of water installation from connection pipe
The municipality may disconnect a water installation from the connection pipe and remove the connection pipe if –28. Water supplied from a hydrant
29. Quantity, quality and pressure
Water supply services provided by the municipality will comply as far as reasonably possible with the minimum standards set for the provision of water supply services in terms of section 9 of the Act.30. General conditions of supply
31. Measuring of quantity of water supplied
32. Quantity of water supplied to consumer
33. Defective measurement
If a consumer has reason to believe that a measuring device, used for measuring water, which was supplied to him or her by the municipality is defective he may take steps to have the measuring device tested. Upon payment in advance of the testing fee, the consumer applies to have the measuring device tested. The device shall be tested on an SANS approved testing bench to determine deviations in respect of the prescribed tolerance in the Trade Metrology and Standards Act, 1973. If the tolerance is more than 2%, the testing fee will be refunded and the consumer’s account adjusted in terms of policy with regard thereto.34. Special measurement
35. No reduction of amount payable for water wasted
A consumer shall not be entitled to a reduction of the amount payable for water wasted or water losses in a water installation unless he can render proof of the reparation of a leakage on his premises during such period, after which his account can be adjusted in terms of policy with regard thereto. If the latter is not possible, the owner must at own cost register a servitude.36. Approval of installation work
37. Provision and maintenance of water installations
38. Owner to prevent pollution of water
39. Water restrictions
40. Waste of water unlawful
41. Notification of boreholes
42. Sampling of water
43. Supply of non-potable water by municipality
44. Testing of pressure in water supply systems
The municipality may, on application by an owner and on payment of the prescribed charge, measure 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.45. Pipes in streets or public places
46. Use of grey water
No person shall use grey water or permit such water to be used without the prior written permission of the municipality. The said permission may be subject to the conditions determined by the municipality from time to time.Chapter III
Sanitation services
47. Standards for sanitation services
Sanitation services provided by the municipality will comply as far as reasonably possible with the minimum standards set for the provision of sanitation services in terms of the section 9 of the Act.48. Objectionable discharge to sewage disposal system
49. Application for infrastructure
50. Services associated with on-site sanitation services
51. Charges in respect of services associated with on-site sanitation services
52. Provision of a connecting sewer
53. Location of connecting sewer
54. Provision of one connecting sewer for several consumers on same premises
55. Interconnection between premises
An owner of premises shall ensure that no interconnection exists between the drainage installation on his premises and the drainage installation on other premises.56. Disconnection of draining installation from connecting sewer
The municipality may disconnect a drainage installation from the connecting sewer and remove the connecting sewer if –57. Acceptance of sewage delivered by road haulage
The municipality may, at its discretion, and subject to such conditions as it may specify, accept sewage for disposal delivered to the municipality’s sewage treatment plants by road haulage.58. Written permission for delivery of sewage by road haulage
59. Conditions for delivery of sewage by road haulage
60. Withdrawal of permission for delivery of sewage by road haulage
The municipality may withdraw any permission, after giving written notice if its intention to a person permitted to discharge sewage by road haul if the person –Chapter IV
Disposal of industrial effluent
61. Application for disposal of industrial effluent
62. Norms and standards for industrial effluent
Chapter V
Construction or installation of drainage installations
63. Construction or installation of drainage installations
64. Drains in streets or public places
No 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 municipality and subject to such conditions as it may impose and only after the prior approval of a building plan.65. Servitudes
A servitude shall be registered at the cost of the owner where a drain is installed across the property of another party. The municipality may also require the registration of a servitude where necessary.66. Construction by municipality
The 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. The maintenance of any communal system is the responsibility of the owners.67. Maintenance of drainage installation
68. Installation of pre-treatment facility
The municipality may require that any new premises must be provided with a minimum pre-treatment facility of a type specified by it prior to that premises being connected to the sewage disposal system. In addition the municipality may, at the cost of the owner, require the installation of samplers and monitoring equipment for effluent water quality and volume which samplers and monitoring equipment must be linked to the municipality’s telemetry system, before such premises can be connected to a municipal sewer disposal system.69. Protection from ingress of floodwaters
Where a premises is situated in the 1 in 50 years flood plain the top level of service access holes, inspection chambers and gullies is 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.Chapter VI
Repeal and commencement
70. Repeal of by-laws
The 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, and insofar as it has been made applicable to the municipality by the authorisation for the execution of powers and functions in terms of section 84(3) of the Local Government: Municipal Structures Act, Act 117 of 1998.71. Short title and commencement
This by-law shall be known as the By-law Relating to Water Supply, Sanitation and Industrial Effluent and shall come into operation on the date of publication thereof in the Provincial Gazette.Cited documents 2
Legislation 2
1. | Constitution of the Republic of South Africa, 1996 | 585 citations |
2. | Water Services Act, 1997 | 426 citations |