This By-law of the city of Cape Town cooncers the regulation of potable water supply systems and domestic waste-water and sewage disposal systems in the area of jurisdiction of the city. Water may only be supplied within the area of jurisdiction of the City in terms of the provisions of this Bylaw. The City must, where it is not reasonably possible or cost effective to supply water to each consumer within a particular area, determine an alternative manner of water supply. Where the City makes use of an external water services provider, this By-law remains applicable and the Council remains the regulating authority. The By-law make provision for procedures where a water installation is defective or where there is a likelihood of a health hazard or environmental pollution or other situations that require immediate action. It also provides for the definition of service levels the city must provide to customers. The City may in determining service levels differentiate between types of consumers, geographical areas and socio-economic areas. An authorized official may issue a compliance notice to an owner or consumer concerned in case of (likely) contravention of provisions of this By-law. Water shall be supplied on the basis of an agreement between an owner and the city, which is based on an application approved by the authorized official. The City may enter into a special agreement for the supply of water to an applicant outside the City, in which case the it may permit such applicant to sell such water to other persons, subject to such conditions as it may deem fit. An agreement may be terminated at specific conditions. The supply of water by the City does not constitute an undertaking to maintain at any time or at any point in its water supply system— an uninterrupted supply; a specific pressure or rate of flow in such supply; or a specific standard of quality of the water, provided that if the water supply to a consumer is interrupted for more than 24 hours, the City will endeavour to provide an alternative basic water supply as soon as reasonably possible. The By-law also deals with circumstances of scarcity of water for distribution and supply to consumers. In such case, the Director may prohibit or restrict the consumption of water in the whole or part of the City as specified. In case of wastage of water by an owner or consumer, the authorized official may take action as specified. Any owner or consumer must comply with the good water conservation and demand management practices as set out in Schedule 1. The By-law also makes provision with respect to new waterworks and maintenance of water systems and sets standards for such works. It also concerns prevention of pollution of water. An owner must provide and maintain measures approved by the authorized official to prevent the entry of a substance which may be a danger to health or adversely affect the potability of water into the water a water system or installation. Use of water obtained from a source other than the water supply system of the City for domestic purposes or connecting a water supply obtained from any source other than the water supply system of the City to any water distribution system requires approval of the authorized official. Owners of premises on which an alternative water source (which may be a well or borehole) is located or on which alternative water is used have certain obligations. The Council may by public notice, require water services intermediaries or classes of water services intermediaries to apply and register with the City in a manner specified in the public notice. Authorisation to use water from boreholes, wells and well points must, be sought from the Department of Water and Sanitation in terms of section 39 of the National Water Act, 1998. The By-law also specifies some requirements for new irrigation systems.
South Africa · 2010-01-01