Water Services Regulations 1982 (S.I. No. 150)

SJ, 1983 No. 150 The lfarbad()S Water Authority Act, 1980 \ACI I 980-42) THE WATER SCRYICt::S REGULATIONS, 1982 The Board tn exerci5e of the powers conferred on it by section 28(2) of the Barba.Jos Water Au· thority Act, 1980 makes rhe following regulations: 1. These regulations may be cited as the snort titl~ Water Services Regulations, 1982. 2. (n these regulations: ''commercial and industrial <;onsumer" means a consumer who uses the water supply servu;:cs of the Authority m connection with any trade, business or mdustry; "1111:lt:1" oic.tH.:, .:.ony llrnuu1uc1n, appa.rarws or device for measuring the quantity of water supplied by the authority to a consumer. lnletpt ... utiQn 3. (1) The Authority shall keep and provide a w,1.r constant supply of w&ter, sufficient for the domestic, ~upply cornmerctal a.rid 1ndustr1a..i use ot occupiers ot property who are, ill accordance with these regulations., entitled to be supp!icd with water by the Auchoriry. f{f~IH!l1 r,,r 1r1J 1,ron,ion c,( \1>µ)'\\M (2) '\'he Authority may enter ~nto special ton crarts to provide water supply services to ally prt'tnL\es or group of premises !or irrigation or other purposes not specified in p.tragraph (1) subject to such terms ;ind conditions as ,uc agreed between the parties ur as :lh' /\ud1c•r1ty determine~. 4. (1) An occupier of property rnay apply to the /\utlturnv fur the supply of water to the property. (2) An appbcatio11 made under paragraph (1) nHLq bc in such futtn and is subject to such terms and c,u11di11ons as rl1e AuLl1u1ity dete11ninn. (J) The persun 1nentiot1cd in paragraph (1) sliall pay to the Authorily the cost of providing and laying all pipes and fittings ncccqsary to connect the property to the m,dns of the Authoriry, \-1) The Auth1w1ty may enter ll\tn 41\ ag1<.:.e mc11t tu (") ~11pply w:itr•r t.1 ['l'•.'tni~P<. (,.r 1·'1"P'-'t~s other than don1csttc purposcs1 where the supply docs not ;lt anytime inter, fore with the supply (or domestic pu1 puses; and (b) inscall water niains on lan<ls that are b-:ihg \l:o;c-d vr ate intt:rtdc-d tu be u~eJ fur dt\'e!opni,;nt purpo>CS. 5. (1) All pipes or wt11l.'.~ Citdngs n~·assary t:011vcya1H·e, tlt:li\lcry or storage of watl'r fqr tl1L· r, 11 ,.,,,,,:1 t0t1di1ion< uf f,rr111~i (a) that arc to be !aid on an occupit•r's pmperty; or (6) tlrnt ill"e lo be connc:cte,i to pipes aoJ fittings be!Dt1ging to the Aut110nty must be of a type approved by tJ1c /\uthurny alld shall be kept u1 a sr;.rvic.cabk condition by thr occupier at hil own expense ,ind to the satisfactiot1 uf tlw. Authority. (2) Pipes and foti.r1gs that ;ue not ,1pprovr::d by the Authority or a.n: not kept in a serviceable t<)n• dition may be removrd by, or ,H the direction uf tll(: At1d1ority, :u1d the Authority may, where it cuns1dc1s it ncu!ssary, discontinue the supply of w;;tcr t,) an f)rr11pil'r wh,, f,:iil~ ,, , cQmp/y with tl1is rrl:'.ulariot,. 6. Subject to regulation 7, ;rn owner or Jh1~~Jri,1 o,.cupi(!r of property 3hall p.i.y tu the t\uth1:,riiy ,H rll~n,•~ such times anJ :i.t such places as t!1e Authority specifies the tates and charges prcscrib{:d hy t/.e Au t!wriry in pursuance of the Acr. 7, Where any person enters into a spcoal cunliall wid1 the: Autlivrity- for W(l.t,:r Juppiy .5cr ... it:c'.j, that per~or1 shall p«y rates a11d charges in ,lt:cord,111.:t• with the tntns of the contract. S~,:,;:t~l r,re~ ~•1d tl\at1,M Rilling 1)1,-,m,. tint111 nc, f,;,r nun. poyrnrn1 8, The Authority shall, at such intervals not exce.:idtng thr,;ie morn hi., ;:i,: the Authority determines, prepare and render to occupiers, bills for rates, charges or fees in respect of water supply services, and the occupier l'.hal\ pay the bU\s '.H)t later than thuty ch,'j-:. arrcr the bills arc rrndercd. 9. ( 1) Where :in o,;:ciipir:r is in arrears with the p,1y·111cnt of any r,1tCj, ch.ugcs ur fees, u1 IH..f,lclt~ ~II fails tu make payments, the Authority m;J.y, without notice, discontinue the water supply services to that nc'cu pier; and the supply may not be resumed to the prrn1iscs until all such arrears, and any further charges or foes that might properly have accrued or have become payable, have been paid. (2) The discontinuance of tlit: supply of water under paragraph (l) does not prevent the accruaJ of any further proper charges or fee,~. 113) \Vht:tl' a pt•tsnn to whom par:igrap/1 ll) applies cc.1.s1.·~ t,) <.)l"Ctipy tJ'C' premises in rcspccc of w'11,-J, 111(' w.lfci r.lt<'S, dt.H~cs or fres. are p.tyablc ll'1d11,11t i1.11'111i-: f',1d tli<'m, rlic .'\ud111ri(y n1,1y, m re 1.u1"11 [<\ .1111· ,·,il1n /'rcmtscs liccupll'cl by the pcr.s,m (.1,1 witli!rnld tilt' supply tu the nthcr properry; or (b J if water has already been supplied, dis, continue the supply of water, to the other property, until payme11t is made. 10. Where, purn1ant to regul:ition 9, the Au- Rt·•cor• 1 ' I ' ) ' rwc110•1 t \ottty < 1scont11nies w.ittr wpp y services Co an rhu..-~ occupier, the Authority tway charge the occupkr the :appropriate fee for reconnecting t\v;,• 5\lfpty. 11. '1'hc rlltc.'-, d,<l.l,-gcj or fee;:; payable by ;;i,t1 R~'-'·""'1 , a I bl · , b I of unpijid occup1cr anv t 1e expenses reasona y 111currcu y t 1c ait,!,. eir. Audwdcy in dis<:QT1ncuir1g or rcconncuing ,1 w;lter supply may be recovered by the Authority as « debt due to the Authority in any coott of competent jurisdictiart wh~re. (a) the occupier 1s in anean wlth the pay ment of the rates and charges, or fails rn pay the expenses rcasotiably incurred in disconn~ctihe and rrurnnl'.tine dw water supply; qnJ (b) the Authority makes a demand for p:.y ment and. the octup1er f«~h to make payment within thirty .J...rs afo;r the date oC the dem;trtd. 12. (1) Where {a) there is a dcHci.etK)' m tht: source of suppl)' owing to .\ dtought, ot to :my cantingeocy a.ffecting any supply works or maehincry, or to a11y intc11upriu11 ca,uscd by repairs, accident or ut/icr cause; or Re,;tr,,1,,,f\, •n 1~n~cr ''"'r<lann· or wa~1t nr onisul~ (b) die Audwrity or its General Manager wnslders il cxpt:dicnt. tn interrupt the supply of watn, the Authority may, without notice, reduce or tcm, por;trdy dis(ontinue the supf)ly of water to all or any purticulur area. (2) Paragraph (1) docs not (a) impose a ·,y liability on the Authority br rcas,ir1 of the reduction or tctnpor,tr' discontinuance of the supply ui' wall'!, (b) affrct the li,,bil1ty of an occupier to p:iy ,111 the ptr)prr rate~. charges or fees. lJ. (1) J\p uccupicr sli,JI cause all r;.ps to be kept prupcdy washered, and all pipes, taps, t;<r1ks, basins, hydrants ,md othcr (nungs to be mamtamt'd !fl such con,Jinun that leakage or other waste of water is pie• vented. (2) No person shall cause or permit to run to w;iste any water from any pipe, or fittings connected to the pipes, of the Authority, (J) No person supp~1ed with watr.r from the Authonty for domestic purposes shall use thr water for purposes other than domestic purposes. (,,1) Ni,; pus.n11 supplied with w,w:r fr-.)tn the Authority (ur purposes. other rhan dornc5tic purposes. shall ll.'it' the water (or porpo<;es. mhcr th,m those for width it w,,~ supplied, \5) When: ;rn rn.:c11pkr cnnuavenc5, or c;a.iscs or pcrndts the contravention of tl1is regulation, the A.utlwrity m:1y disconti1111c rhc w~tcr supply service.,; of the tJtcupicr Jnd 111jy c~:,ise to su)'ply rlic ocn1p1cr with w;itN for the d11ratw11 of th(' contravcncion 14. (1) Whi.:rc t!1crc is ;i dcficienq1 in th(' supply of Ro:.tr1c11oru 0 I I I "" "' """ '" waler c,wing to ;i uroug1t or ot1cr cause, tic c"""•()t Aotiwrity n1:1y, by notice, prohibit cid1cr "bsolutely 1horh1< ur ~ubjen to such con~Hlion~ a~ the AudH)rity specifics :>nd f0t ~,ich pcriqd '.l.G th1:: A>.lthortty considers 11ecessary 0r ~'xpcdicnt, the use- of watci supplil'n by, ,,ir obtained tlnough the pipes uf the Authority for f a) irrigation or watering of g . .irJcns, lawns and grounds; (li) filliur, u1 ~upplyi11g Lanks, pl}nds, b:nhs or swimming pools od1cr than {i) dippi11g tank:, for cattle: I ,i) domestic baths hun<lrcd arid capacity, and not exceeding one twenty litres m (iii) elevated reserve tanks, not ex reeding eight hundred litres in capacity and c:onnc:ctcd to hou,;c. hold sewerage or water supply systems; (c) washing roadways, pavements, paths, garages, out:roorns or vehicles; and (cl) any purpose that, in the opinion of the Authority, requires the use of a con siderable or excessive quantity of water. (2) A notice mentioned m paragraph (l) (a) mu~t ~pecify the rl.:Hl' nn whirh th<' prohibition takes effect; and (b) must be p\1blishcd {i) Ill ;r1e Official Gazette, and (ii) in a daily newspaper ,;;:irculatil1!,; in Barbados for not less than four days preceding the date upon which the prohibition takes effect. {3) While a prohibition is in effect, no person shall use or cause ot permit to be used, for any pro lUbitcJ pu1pu~t:, ;rny waler supplied by or obulned from the pipes of the Authority, (4) A person whn t<)fltrJvtncs this n:gul,11w11 1s guilty of an offenu:- and l1abk: on S.\.J!\1111,1ry con \'i.ction to a fine of fivr hundred dollars and in d1•faulr of p.:.yment to itnprL,onrnent for onr 111nnd1. 15. Tl1c At1tl1,11ll)' Pl,L)' i11~tJ1l a 1i1nn \Jal .111v :,le!et, property and the rates. and charges. 10 be paid by rhc ocnipier of the property shall be dctl.'rrnincd according to the quantity of wJter rc~,jm::n:d by the mner. 16. (1) Where ;i mttct 1s ((,und to be ddcnive, the limns of inacctJracv ;u,d the rstirnatc uf cu11~ump1irn1 sl1all be rcgul;1.tcd as follows: (a) where the cp.1anlity uf water rcg;l~tcrcd !ly a trH't,·r ::it nnrrll::il fl,rn,; It 11,,t 1n,.1rr than fivt: per cent cl\-,uvr ur below the ;.icwal qu,rnt11y pa~s('d, clH' 111,:1er ,;)di be deemed to be ;1ccurate; (b) where the mcc,;;r c,!;\s,:, tn rq;1sv:r, nr 1s prov1:d to register i1i;iccurartlv t!1(' (!U,Ultltr of war,;:r pa:;sing tluoug), it. !h<' Anthority may rn;:i;b;, a foir anJ rcas(Jnabk esumJlt' o( tht' qt1ant1ry ~upplir.d and \t1ch <.'~tirnate '.>li:d\ hf based on (i) the registr;1tion of a 5ubstitutcd Jli\:'.lCJ 1 ,\((llr~O ,,r ,1,.·ier, (ii) the average registration during the preceding three months, (iii) the average registr;ition during rhc corresponding three months of the prevtous year, or (iv) whatever basis is considered egui. t:1bl,:, by th,-, A,1thr.rity, h,wing regard to the c:ircomstances of the c:asc. (2) Where an occupier requests the removal and testing of a meter, he must, before the meter is removed, pay, to the Authority, the cost of removing, cartillg a11<I testing the meter. (3) Where a meter is found to be inaccurate, by reg-istcring on test at normal flow more than five pt'.'r cent above or below correct registration, the amount p;iid p11rsuant to paragraph (1) shall be re funded to the occupier by the Authority and his accoum frn watt.:1 ra.1.t:~ !,li;Jl Le adju::.tt:d iu ,1~t..u1d.ir1u: with the pcrccnugc of error. (4) Wher<: for an~' reason the registration of the meter is no recorded, the occupier shall be charged for each month in whkh registration is not recorded for a guantity of water equal to the average monthly consumpuon of the previous three months, determined in accordance with paragraph (1) (b) (ii) to (iv). 17.{1) Where an ocr.upier, or any n1hvr pcr'.!Pn wilfully, m~Hdous{y vr caiclcssly breaks nf dam:igc; any pipe, meti;-r, stOp-cock, fitting or any other ap paratus belonging to the Authority, the Authomy rnay include, on the appropriate water bill of the occupier or orhcr person, the an10unt reasonably in curred by it in replacing or repairing the pipe, valve, merer, stop.cock, fitting or other apparatus. (2) In default of payment the Authority 111ay recover the amount referred to in paragraph {1) in civil proceedings in any court of coinpcrcnt juris d1ct10n. 18. A person who (a) being an occupier of property (i) <:S-H\11ect::;., or cause~ or permits the conne.ction of pipes on the property ro rhc mains of the Authority, or (ii) uses, or causes or permits the use of water from a pipe on the property when he knows or oue;ht reasonably to h;:1.ve known that the pipe has been illegally coMected to the mains of the Authority; (b) not being ALlthurity supplied takc1; with water by water from the the \ '••ri•1t1ni of f1o{np Authority's waterworks, other than such watex and in such manner as may be provided for the gratuito11s use of the public; (c) being in po,:;~ewinn ,)f ti,,:: wh0I,:, r,r p~rt or any property s1Jppliccl with water by the Authority sells water to any person; (d) assaults, molests, obstnH;:tS, hinders or resists, or aids or incites any person to assault, molest, obstruct, hinder or re i,hl~ u1 u:;.c3 any abullve and calumnious language to any uffKer, authorised agent or servant of the Authority llt the exercise of the powers conferred by these regulations; {e) being supplied with water by the Authority suffers any pipe, tap, tauk, basin, hydrant or other fitting or ap paratus to be in dis-repair to such an 1•xtcnt that the water supplifd 1s wasted ot polluted; (f) wilfully, maliciously or carr-lesslv breaks, or damages, any pipe, mete'r, valve, stop-cock or any other apparatus be longing to the Authority; (g) on making an supply of water application for the knowingly makes any statement that ts falsi:: in ;1 1n;w:ri.il partkola.r: (h) being supplrcd with watt:r by tl1(' Authority makes any altcratiom to any communlc.ttlon or servkc pipt' or to any app;JTatu.s conncc!ed therewith, withouc the consellt in every case of the Al1d1ority: or (i) whether or not he is supplied with water from the Autl1ority, takes water ftorn a standpipe, or uses water thac he knows to be so taken for purposes other than those permitted is gui.lty of -.:u1 offence :trid li::ible on summ:iry convic tion to a fine of five hundred dolfars or ro imprison ment for three months, 19. ( 1) Any person to whose premises water is v,111,a1h,n supplied shall, within ten days after being rcc1ucstcd c~rtific•le by the Authority, obtain from the Commissioner o[ ValoationJ anJ produce rn tht Gcnc1.:d M<tlld.gi:1 u( d1t: Authority il valuation certificate in respect of the premises, (2) Where an owner or occupier refuses or f.-1ils to comply with a req(lcst made under paragraph (1), the General Manager or any person authorised by him ln writing may enret ~he premises tl) which the request relates for the purpose of making rhe required valuation, (3) Subject to paragraph (5) an owner or occupier whu (a) refuses or fails to comply with para, graph (!); or (b) assaults, (lbstructs, or uses abusive language t:, the General Manager, or an>· per1:011 authotised by hirn under paragraph (2) is guilty of an offence and liable on slJJntnary con viction to a fme of five hundred dollars or to imprisonment for three months. (4) A request for inspection shall be sent by rcgbtcrcd letter -1ml cvidcnu:: that the lcncr wa~ properly addressed and put into the Post is condusive that the request was properly made. (5) An owner or occupier of premises who with reasonable excuse fails to comply with a request to which paragraph (1) refers may, within the period specified in that paragraph, dellver to the GeneraJ Manager a signed statement containing (a) the masnM fm fo.i111rr rn C<'>mply =it.h the request; and (b) a.n assessment of the net value of the premises, ;i.ml if thr: Ge1H:.r..! Manager i:, satisl\t'd as to tht: facts !"t1nui11,.f1 thf'rf'in, thr- nwn'a'f , ,r 0,:cupi~r d,~11 be treated as having complied with the request. l6) A person \Vho makes a (;1lse st;Hemcnt u11dcr paragraph (5) is guilty of an offence and liable on summary conviction tn a fine of five hu11drcd dollars or to imprisonment for slX months or both. 20, (1) The Authority shall, where 1t enters into Plurnblnt an agreement to install water mains on lands that are being used or intended to be used for development purposes, pre pa.re a wr ittcn estimate of the cost of the work required to be c,1.ecuted and the person with whom the agreement is entered into shall, before the co1nmencemcnt of the work, pay (a the Authority such percentage of the estimated cost as the Authority determines. \2} Any balance of the actual cost of the work executed by the Authority due after the percentage referred to in paragraph (1) has been paid becomes, together with an a.mount equivalent to sixty per cent of the actual cost, payable im!llediatcly after the water service has been installed. (3) Any bal.-J.nce or wrchargc that remains unpaid after the expiration of one month after the date on which it became p:iyable mav he recovered bv the Authority in any court of comp~tent jurisdictio1;. hovi1ion and rtpalr of pipr1, C1C. {4) In computing tl1e actual cost of work executed under this section, labour costs, the cost of material ,ind of transporting the material shall be in cluded, (a) furnish to any person who, or any o( whose property or premises is supplied or is about to be supplied by the Authority with water, such meters, cisterns, pipes, valves, ferrules, cocks, baths, water closet boxes, apparatus, receptacle;, flttiflb'"S and appliances as are requ;1ed or permitted by these regulatiorn m connection with the supply 01 water, and shall provide all rn:1t(·rials and do all work necessary or proper in that behalf: and (b) renew, repair, alter and test the meters, cisterns, pipes, valves, ferrules, cocks, b;,,tht, u.:;\t•cr closet bo11cg, receptacles, fittings and mentioned u1 paragraph (a). app:ir;)tus, appliances (2) The cost of material:, ,rnd labour furrnshed by the Authority, together with cost of tr:rnspr,rting rLe rnrtterials with thirty pc-r crnt m additt, ;11 dicrco! ~frnll h,: paid by the owt1cr of the.: rrupc.ny uJ p1n11i.10 mentioned ln paragraph ( 1) ur by his agent autl1ormd in writing in th,n behalf. 22. Nu liabiJity attaches to the A1-1d1ority, u1 L, .. 1,i1;1l' the abseiH.e o( an express agreement to the contrarv for it!i failure to supply water where the failure ;i.nscs from drought or other unavoidable cause or ::icciclcnt. ZJ, Any dispute i.n Connectmn with W,!tcr !J 1,l'u'"' supply services arL\ing bcfl.Vecn an ocwp1ct a11d any officer, servant or agent o( the Authority, n1ay, on th1• :tpplication of t>irhrr [1:trry ht> rrft>rrrcl rn r\,,, Authority. 1982. Made by the Board this 11th day of Janu;lry, F. ODLE Chntnniln Board of Directors Barbados WJtcr Authuritv. Approved 6y the Miirnter this '..'.1th cL1y 1,f August, 1982, O'JJIUEN TROTMAt'l Miniqer rcsporrnblc for the lbrliad1.J.'i Water 1\uthnrny.