Water and Sanitation Services By-law, 2015
- Published in Western Cape Provincial Gazette 7487 on 11 September 2015
- Commenced on 11 September 2015
- [This is the version of this document from 11 September 2015 and includes any amendments published up to 17 November 2023.]
Chapter 1For the purpose of this by-law, any word or expressions to which a meaning has been assigned in the Water Services Act, 1996 (Act No 108 of 1996), the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000) or the National Building Regulations made in terms of the National Building Regulations and Building Standards Act, 1977 (Act No 103 of 1977) shall bear the same meaning in this by-law and unless the context indicates otherwise. Any reference to the gender will automatically be deemed to refer to the other gender as well i.e. he / she; his / hers. The English text prevails in the event of an inconsistency between the different texts and unless the context otherwise indicates.In this by-law, 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;"account" means an account rendered for municipal services provided;"Act" means the Water Services Act, 1997 (Act No. 108 of 1997), as amended from time to time;"agreement" means the contractual relationship between the Municipality and a customer, whether written or deemed as provided for in the Municipality’s by-law relating to Credit control and Debt collection;"approved" means approved by an authorised agent;"area of supply" means any area within or partly within the area of jurisdiction of the Municipality to which a water service is provided;"authorised agent" means:
Application, payment & termination
Part 1 – Application for water services
1. Application for water services
2. Special agreements for water servicesThe Municipality may enter into a special agreement for the provision of water services with an applicant in accordance with the Municipality’s by-law relating to Credit control and Debt collection.
3. Change in purpose for which water services are usedWhere the purpose for, or extent to which, any municipal service is changed, the customer must promptly advise the Municipality of the change and enter into a new agreement with the Municipality.
Part 2 – Charges
4. Prescribed charges for water services
5. Availability charges for water services
Part 3 – Payment
6. Payment for water servicesThe owner, occupier and customer shall be jointly and severally liable and responsible for payment of all water services charges and water services consumed by a customer, in accordance with the Municipality’s by-law relating to Credit control and Debt collection.Note: Capital contributions are a tariff and the aforementioned is applicable.
Part 4 – Accounts
7. AccountsMonthly accounts will be rendered to consumers for the amount due and payable, at the address last recorded with the Municipality. Failure by the Municipality to render an account does not relieve a consumer of the obligation to pay any amount due and payable.
Part 5 – Termination, limitation and disconnection
8. Termination of agreement for the provision of water servicesA customer may terminate an agreement for the provision of water services in accordance with the Municipality’s by-law relating to Credit control and Debt collection.
9. Limitation and or disconnection of water services provided
10. Service levels
Conditions for water supply services
Part 1 – Connection to water supply system
11. Provision of connection pipe
12. Location of connection pipe
13. Provision of single water connection for supply to several customers on the same premises
14. Disconnection of water installation from the connection pipeThe Engineer may disconnect a water installation from the connection pipe and remove the connection pipe on termination of an agreement for the provision of water supply services in accordance with the Municipality’s by-law relating to Credit control and Debt collection.
Part 2 – Standards
15. Quantity, quality and pressureWater supply services provided by the Municipality must comply with the minimum standards set for the provision of water supply services in terms of section 9 of the Act.
16. Testing of pressure in water supply systemsThe Engineer may, on application by an owner and on payment of the determined charge, determine and furnish the owner with the amount of the pressure in the water supply system relating to his premises over such period as the owner may request.
17. Pollution of waterAn owner must provide and maintain approved measures to prevent the entry of any substance, which might be a danger to health or adversely affect the potable quality of water or affect its fitness for use, into:
18. Water restrictions
19. Specific conditions of supply
Part 3 – Measurement
20. Measuring of quantity of water supplied
21. Quantity of water supplied to customer
22. Special measurement
23. No reduction of amount payable for water wastedA customer shall not be entitled to a reduction of the amount payable for water wasted or lost in a water installation if not agreed otherwise by contract or as determined by Council (unless it can be proven that the Municipality was negligent).
Part 4 – Audit
24. Water audit
Part 5 – Installation work
25. Approval of installation work
26. Persons permitted to do installation and other work
27. Provision and maintenance of water installations
28. Technical requirements for a water installationNotwithstanding the requirement that a certificate be issued in terms of section 25, all water installations shall comply with SANS 10252-1 and all fixed electrical storage water geysers shall comply with SANS 10254.
29. Use of pipes and water fittings to be authorised
30. Labelling of terminal water fittings and appliancesAll terminal water fittings and appliances using or discharging water shall be marked with, or have included within its packaging, the following information:
31. Water demand managementWhere deemed necessary the Engineer may insist that water demand management measures be implemented;
Part 6 – Communal water supply services
32. Provision of water supply to several consumers
Part 7 – Temporary water supply services
33. Water supplied from a hydrant
Part 8 – Boreholes
34. Notification of boreholes
Part 9 – Fire services connections
35. Connection to be approved by the municipality
36. Special provisionsThe provisions of SANS 10252-1 shall apply to the supply of water for fire fighting purposes.
37. Dual and combined installationsAll new buildings erected after the commencement of this by-law, must comply with the following requirements in relation to the provision of fire extinguishing services:
38. Connection pipes for fire extinguishing services
39. Valves and meters in connection pipesEvery connection pipe to a fire extinguishing installation must be fitted with valves and a measuring device, which shall be:
40. Meters in fire extinguishing connection pipesThe Engineer shall be entitled to install a water meter in any connection pipe used solely for fire extinguishing purposes, and the owner of the premises shall be liable for all costs in so doing if it appears to the Municipality that water has been drawn from the pipe for purposes other than for the purpose of extinguishing a fire.
41. Sprinkler extinguishing installationA sprinkler installation may be installed directly to the main, but the Municipality may not be deemed to guarantee any specified pressure at any time.
42. Header tank or double supply from main
43. Sealing of private fire hydrants
Part 10 – General provisions
44. Sampling of water
45. Supply of non-potable water by municipality
46. Pipes in streets or public placesNo person shall for the purpose of conveying water derived from whatever source, lay or construct a pipe or associated component on, on or under a street, public place or other land owned by, vested in, or under the control of any Municipality and subject to such conditions as it may impose.
47. Use of grey waterNo person shall use grey water or permit such water to be used, except with the prior written permission of the Municipality and subject to such conditions as it may impose.
Conditions for sanitation services
Part 1 – Connection to sanitation system
48. Obligation to connect to sanitation system
49. Provision of connecting sewer
50. Location of connecting sewer
51. Provision of one connecting sewer for several consumers on same premises
52. Interconnection between premisesAn owner of premises must ensure, unless he has obtained the prior approval of the Municipality and complies with any conditions that it may have imposed, that no interconnection exists between the drainage installation on his premises and the drainage installation on any other premises. It will be required that a legal agreement be drawn up between the premises owners of the shared services, that clearly stipulate the combined responsibility for the maintenance or possible upgrade of the shared service.
53. Disconnection of connecting sewerThe Engineer may disconnect a drainage installation from the connection pipe and remove the connection pipe on the termination of an agreement for the provision of sewer supply services in accordance with the Municipal by-law relating to Credit control and Debt collection.
Part 2 – Standards
54. Standards for sanitation servicesSanitation services provided by the Municipality must comply with the minimum standards set for the provision of sanitation services in terms of the section 9 of the Act.
Part 3 – Methods for determining charges
55. Measurement of quantity of domestic effluent discharged
56. Measurement of quantity and determination of quality of industrial effluent discharged
57. Reduction in the measured quantity of effluent discharged
58. Charges in respect of "on-site" sanitation servicesCharges be payable by the owner in respect of the removal or collection of conservancy tank contents, night soil or the emptying of pits will cover all the operating and maintenance costs arising from the removal of the pit contents, its transportation to a disposal site, the treatment of the contents to achieve a sanitary condition and the final disposal of any solid residues, and are payable by the owner in accordance with the annual tariff list.
Part 4 – Drainage installations
59. Installation of drainage installationsAn owner must provide and maintain his drainage installation at his own expense, unless the installation constitutes a basic sanitation facility as determined by the Municipality, and except where otherwise approved by the Municipality, must ensure that the installation is situated within the boundary of his premises.
60. Disconnection of drainage installations
61. Maintenance of drainage installations
62. Technical requirements for drainage installationsAll drainage installations shall comply with SANS 10252-2 and the Building Regulations and all other Municipal standards where applicable.
64. Sewer blockages
65. Grease traps
66. Industrial grease traps
67. Mechanical appliances for lifting sewage
Part 5 – On-site sanitation services and associated services
68. Installation of on-site sanitation servicesIf an agreement for on-site sanitation services in respect of premises has been concluded, or if it is not reasonably possible or cost effective for the Municipality to install a connecting sewer, the owner must install sanitation services specified by the Municipality, on the site unless the service is a subsidised service that has been determined by the Municipality in accordance the Municipal Credit Control and Debt Collection By-law.
69. Ventilated improved pit latrines
70. Septic tanks and treatment plants
71. French drains
72. Conservancy tanks
73. Operation and maintenance of on-site sanitation servicesThe operation and maintenance of on-site sanitation services and all costs pertaining to it remains the responsibility of the owner of the premises, unless the on-site sanitation services are subsidised services determined in accordance with the Municipal by-law relating to Credit control and Debt collection.
74. Disused conservancy and septic tanksIf an existing conservancy tank or septic tank is no longer required for the storage or treatment of sewage, or if permission for its use is withdrawn, the owner must either cause it to be completely removed or to be completely filled with earth or other suitable material, provided that the Engineer may require a tank to be dealt with in another way, or approve its use for other purposes, subject to any conditions specified by him.
Part 6 – Industrial effluent
75. Approval to discharge industrial effluent
76. Withdrawal of approval to discharge industrial effluent
77. Quality standards for disposal of industrial effluent
78. Conditions for the discharge of industrial effluent
Part 7 – Sewage delivered by road haulage
79. Acceptance of sewage delivered by road haulageThe Engineer may, at his discretion, and subject to such conditions as he may specify, accept sewage for disposal that is delivered to the Municipality’s sewage treatment plants by road haulage.
80. Approval for delivery of sewage by road haulage
81. Withdrawal of permission for delivery of sewage by road haulageThe Engineer may withdraw any approval, given in terms of section 81, after giving at least 14 (fourteen) days written notice of his intention to do so, if a person who has been allowed to discharge sewerage by road haulage—
82. Conditions for delivery of sewage by road haulageWhen sewage is to be delivered by road haulage:
Part 8 – Treated sewage
83. Use of treated sewage
Part 9 – Other sanitation service
84. Stables and similar premisesThe Municipality may approve the connection of a drainage installation to stables, cowsheds, dairies, kennels, other premises for the accommodation of animals, and tanneries, subject to the payment of all applicable charges and the fulfilment of any condition that the Municipality may impose; but approval will be given only if:
85. Mechanical food-waste or other disposal unitsThe Municipality may approve the connection or incorporation of a mechanical waste food, disposal unit or garbage grinder, into a drainage installation that has a capacity in excess of 500W, subject to the payment of all applicable charges, and to any condition that the Municipality may impose, but approval will be given only if—
86. Building over sewerage system
Part 10 – Installation work
87. Approval of installation work
88. Persons permitted to do installation and other work
89. Use of pipes and water fittings to be authorised
90. Testing of drainage installations
91. Water demand management
Water services intermediaries
92. RegistrationThe Municipality may by public notice require water services intermediaries or classes of water services intermediaries to register with the Municipality in a manner specified in the public notice.
93. Provision of water services
94. Charges for water services provided
Unauthorised water services
95. Unauthorised services
96. Interference with infrastructure for the provision of water services
97. Obstruction of access to infrastructure for the provision of water, sanitation and sewage services
98. Wastage of water
99. Unauthorised and illegal discharges
100. Illegal re-connectionA customer whose access to water supply services has been restricted or disconnected, who intentionally reconnects to services or who intentionally or negligently interferes with infrastructure through which water supply services are provided, shall on written notice be disconnected.
101. Interference with infrastructure
102. Pipes in streets or public placesNo person shall for the purpose of conveying water or sewage 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 or under the control of any Municipality, except with the prior written permission of the Municipality and subject to such conditions as it may impose.
103. Use of water from sources other than the water supply system
104. Use of on-site sanitation services not connected to the sanitation system
105. Power to serve and compliance with notices
106. Appeals against decisions of the Municipality
108. Signing of notices and documentsA notice or document issued by the Municipality in terms of this by-law and signed by a duty authorised municipal employee shall be deemed to have been duly issued and must on its mere production be accepted by a court as prima facie evidence of that fact.
109. Service of notices
110. Authentication of documents
111. Prima facie evidenceIn legal proceedings by or on behalf of the Municipality, a certificate reflecting an amount of money as being due and payable to the Municipality, shall, if it is made under the hand of the Municipal Manager, or of a suitably qualified employee of the Municipality who is authorised by the Municipal Manager or the Manager of the Municipality’s authorised agent, shall upon its mere production constitute prima facie evidence of the indebtedness.
112. Responsibility for compliance with this by-law
113. Provision of informationAn owner, occupier, customer or person within the area of supply of the Municipality must provide the Municipality with accurate information requested by the Municipality that is reasonably required by the Municipality for the implementation or enforcement of this by-law.
114. Power of entry and inspection
115. Indemnification from liabilityNeither employees of the Municipality nor any person, body, organisation or corporation acting on behalf of the Municipality is liable for any damage arising from any omission or act done in good faith in the course of his duties unless the damage is caused by a wrongful and intentional act or negligence.
117. Conflict of lawIf there is any conflict between this by-law and any other by-laws of the Municipality, this by-law will prevail.
118. Transitional arrangements
119. Repeal of existing municipal water services by-lawsThe following by-laws relating to water supply and sewage are hereby repealed as far as they relate to matters provided for in this by-law:
120. Short title and commencement
History of this document
Cited documents 12
- Constitution of the Republic of South Africa, 1996
- Credit Control, Debt Collection and Indigent Support
- Criminal Procedure Act, 1977
- Deeds Registries Act, 1937
- Electricity Supply
- Engineering Profession Act, 2000
- Local Government: Municipal Structures Act, 1998
- Local Government: Municipal Systems Act, 2000
- National Water Act, 1998
- Occupational Health and Safety Act, 1993
- Sectional Titles Act, 1986
- Water Services Act, 1997