Model Sewerage and Drainage Regulations, 1996

Government Notice 99 of 1996


Coat of Arms
Local Authorities Act, 1992

Model Sewerage and Drainage Regulations, 1996

Government Notice 99 of 1996

  • Published in Government Gazette 1311 on 21 May 1996
  • Commenced on 21 May 1996
  • [This is the version of this document at 15 November 2017.]
  • [Note: The version of this legislation as at 15 November 2017 was revised and consolidated by the Legal Assistance Centre and the Government of the Republic of Namibia. All subsequent amendments have been researched and applied by Laws.Africa for NamibLII.]

1. Definitions

(1)In these regulations any word or expression to which a meaning has been assigned in the Local Authorities Act, 1992 (Act 23 of 1992), shall bear that meaning and, unless the context otherwise indicates-accommodation unit”, in relation to any premises, means any building or section of a building occupied or used or intended for occupation or use for residential, business or industrial purposes or any other purpose;approved” means approved by the Engineer in writing;Act” means the Local Authorities Act, 1992 (Act 23 of 1992);connecting sewer” means a pipe vested in the Council which connects a drain to a public sewer;conservancy tank” means a covered tank used for the reception and temporary retention of sewage and which requires emptying at intervals;Council”, in relation to a local authority area, means the municipal council, town council or village council, as the case may be, of that area;discharge pipe” means any pipe other than a drain that conveys the discharge from one or more sanitary fixtures;drain” means that part of a drainage installation that conveys sewage from a building to a combined private sewer, connecting sewer or any other sewage disposal system situated on the premises concerned, but excluding-(a)any discharge pipe;(b)any portion of a discharge stack which is below ground level; and(c)the bend at the foot of a discharge stack, whether such bend is exposed or not;drainage installation” means the installation on any premises vesting in the owner and used or intended for use for the reception, conveyance, storage or treatment of sewage, and consisting of sanitary fixtures, traps, discharge pipes, drains ventilating pipes, septic tanks, conservancy tanks sewage treatment works or mechanical appliances associated therewith;drainlayer” means a person registered as a drainlayer with the Council in terms of regulation 19;Engineer” means the official of the Council charged with the function of exercising control over the provision of sewerage services by the Council;industrial effluent” means any liquid other than soil water or storm water, whether or not it contains matter in solution or suspension and which is given off in the course of, or as a result of any industrial trade, manufacturing, mining or chemical process in any laboratory, research or agricultural activity;local authority area”, means the area comprising the Municipality, town or village, as the case may be, to which these regulations are applicable by virtue of the provisions of section 94(2)(b) of the Act;occupier” in relation to any premises means-(a)the person in actual occupation thereof;(b)the person legally entitled to occupy the premises;(c)the person having the charge or management of the premises; or(d)the agent of any such person who is absent from Namibia or whose whereabouts are unknown;owner”, in relation to any premises, means the person in whose name the premises is registered, and includes-(a)if the owner is deceased, insolvent, mentally ill, a minor or under any legal disability, the person in whom the custody or administration of such premises is vested as executor, trustee, curator, guardian or in any other capacity;(b)if the premises are leased and registration in a deeds registry is a prerequisite for the validity of the lease, the lessee;(c)the owner’s authorized agent or a person receiving the rent of the premises on behalf of the owner; or(d)where the premises are beneficially occupied under a servitude or similar right, the person in whom such right is vested.sewage” means waste water, soil water, industrial effluent and other liquid waste, either separately or in combination, but excluding storm water;sewerage service contract” means a contract concluded between the Council and the owner or occupier of any premises in terms of regulation 4(3) for the provision by the Council of a sewerage service to such premises;sewerage tariff”, in relation to a local authority area, means the tariff of charges, fee and other moneys determined by such Council under section 30(1)(u) of the Act, or applicable to the local authority area concerned by virtue of the provisions of section 95(5) of the Act, in respect of the supply of sewerage services by the Council and the rendering of other services in connection therewith;soil pipe” means a pipe that conveys soil water;soil water” means liquid containing human body wastes such as faeces and urine;waste pipe” means a discharge pipe that conveys waste water only;waste water” means used water not contaminated by soil water or industrial effluent, but excluding storm water.
(2)In these regulations “SABS” followed by a number or a number and a title, is a reference to the specification of the indicated number published by the Council of the South African Bureau of Standards, and all amendments thereof, and which are available for inspection at the office of the Engineer during official office hours.

Chapter 1
SUPPLY OF SEWERAGE SERVICES BY COUNCIL

2. Council’s sole right to provide connecting sewer

No person shall obtain the connection of any private sewer to a public sewer, whether directly or through a combined private sewer, except by means of a connecting sewer provided by the Council pursuant to a sewerage service contract.

3. Conditions for provision of a sewerage service by Council

(1)The Council shall not be obliged to supply a sewerage service to any premises in the local authority area, unless-
(a)the owner or occupier of such premises has concluded with the Council a sewerage service contract; and
(b)all other requirements prescribed by these regulations for procuring a sewerage service have been complied with by such owner or occupier.
(2)Notwithstanding subregulation (1), the Council shall not be obliged to conclude with any person a sewerage service contract if a public sewer is not available at a point within the close proximity of such premises from where it is reasonably possible to provide a connecting sewer to the premises or to a combined private sewer to which such premises may be connected.

4. Application for provision of a sewerage service

(1)An application for the provision of a sewerage service shall be made to the Council in the form provided by the Council for the purpose.
(2)Where an application in terms of subregulation (1) is made for the initial connection of any premises to a public sewer, such application shall be made by the owner of the premises or the duly authorised representative of such owner.
(3)Upon the submission of an application in terms of subregulation (1), the applicant shall-
(a)sign a contract for the provision of a sewerage service; and
(b)pay the fees determined in the sewerage tariff for a connecting sewer.
(4)The provision of a sewerage service by the Council to any person shall be subject to these regulations and the conditions contained in the relevant sewerage service contract.

5. Connection to the public sewer

(1)Where an application for the provision of a sewerage service is approved in respect of premises which are required to be connected to the public sewer for the first time, the Council shall, provide a connecting sewer from the public sewer to such premises in such position and to such point on the premises as the Engineer may determine.
(2)The Council may, either of its own accord or at the request of the owner of the premises concerned, alter any connection made to a public sewer in terms of subregulation (1).
(3)Where a connecting sewer is provided by the Council to any premises, it shall be the responsibility of the owner concerned, and not of the Council, to provide and maintain at his or her own costs, and subject to the provisions of Chapter 3, the drainage installation on the premises.
(4)Until a drainage installation has been connected to the public sewer, or to a combined private sewer which is connected to the public sewer, no person shall discharge or cause or permit to be discharged into such drainage installation any substance, except unpolluted water for the purpose of testing the functioning of the drainage installation or arty part thereof during or upon the completion of its construction.
(5)No person, other than an employee of the Council charged with such duty or any other person authorised thereto in writing by the Council, shall approve or install a connecting sewer for linking any private sewer or combined private sewer to the public sewer.
(6)The charges payable for-
(a)the provision of a connecting sewer;
(b)the alteration of the position of a connecting sewer at the request of the owner of any premises,
shall be as determined in the sewerage tariff.
(7)Any charge payable in terms of subregulation (6) shall be paid to the Council in advance before the necessary work is commenced by the Council.

6. Provision of common connecting sewer to several occupiers on same premises and combined private sewers

(1)Subject to subregulation (2), only one connecting sewer shall be provided for the purpose of any premises, irrespective of the number of accommodation units located on such premises, but the Council may permit that the drainage installations of two or more premises or two or more such accommodation units be connected to a combined private sewer discharging into the public sewer.
(2)Notwithstanding subregulation (1), the Council may-
(a)in the case of premises comprising sectional title units; or
(b)if, in the opinion of the Council, undue hardship or inconvenience would otherwise be caused to any occupier of the premises,
authorise that more than one sewer connecting sewer be provided to such premises.

7. Ownership of connecting sewer

Any pipes, fittings, equipment and material used by the Council in providing a connecting sewer to any premises shall at all times remain the exclusive property of the Council and be under the sole control of, and be maintained by, the Council.

8. Payment for sewerage services

(1)The charges for the provision of a sewerage service by the Council shall-
(a)be paid for by the occupier of the premises at the rate determined in the sewerage tariff for the particular category of use for which the service is provided; and
(b)be payable monthly in advance, not later than the last date for payment specified in the account rendered by the Council for such charges.
(2)A person with whom the Councils has concluded a sewerage service contract shall be responsible for the payment of the charges in respect of the sewerage service from the date on which the connecting sewer is provided by the Council.
(3)If payment of an account is received after the date referred to in subregulation (1)(b), a late fee as determined in the sewerage tariff shall be payable to the Council.
(4)If during any period any person utilises the sewer system for a category of use other than that for which the Council has agreed to provide the sewerage service and as a consequence is not charged for such service or is charged at a rate lower than that which should have been charged, such person shall in respect of the period in question be liable for the amount due to the Council in accordance with the appropriate rate leviable for the category of use for which the sewerage service is provided.
(5)Any other services related to the provision of a sewerage service shall be paid for at the fees and charges determined in the sewerage tariff.

9. Availability charges for rendering of sewerage service

(1)The Council may, in addition to the charges determined in sewerage tariff for the actual use of the sewerage service provided by the Council, levy an availability charge or a monthly minimum charge for the rendering of a sewerage service to residents of the local authority area.
(2)Where an availability charge is levied in terms of subregulation (1), it shall be payable-
(a)subject to subregulation (4), by every owner of premises, with or without improvements, which are not connected to the public sewer but can reasonably be provided with a connecting sewer; and
(b)by the owner of every premises or, where any premises are occupied by any other person, such occupier, in respect of each connecting sewer provided by the Council to serve the premises, whether or not the sewerage service is being utilised.
(3)Where a minimum monthly charge is levied in terms of subregulation (1), it shall be payable by the occupier of every premises in respect of a specified volume of sewage flow based on design volumes, whether or not the amount of sewage discharged on the premises is less than or exceeds the specified volume.
(4)Notwithstanding subregulation (2)(a), an availability charge levied by the Council under subregulation (1) shall not be payable by the owner of a township in respect of any unalienated premises in the township if-
(a)the sewerage reticulation system in the township was provided by the township owner at his or her own cost; or
(b)the township owner has deposited with the Council the capital cost of such reticulation system.
but upon the alienation of such premises to any other person, such availability charge shall be payable by such other person and every successor in title.

10. Objection to account rendered for sewerage services

If a person disputes the correctness of any charges reflected on an account rendered by the Council, such person may lodge an objection in writing against such account with the Council within 7 days after the date of receipt of the account.

11. General conditions for provision of a connecting sewer

(1)The provision of a connecting sewer by the Council shall not constitute an undertaking on the part of the Council to maintain at any time an uninterrupted sewerage service.
(2)If in the opinion of the Engineer the volume of sewage discharged from any premises adversely affects the functioning of the public sewer system, the Engineer may apply such restricting measures as the Engineer may think fit to lower the peak sewage flow from such premises into the public sewer.

12. Compulsory provision of a drainage installation or other sanitary disposal system

(1)Where in respect of any premises a suitable means of disposal by waterborne sewage is available, the owner of such premises shall provide and install a drainage installation on the premises.
(2)Where a public sewer is not available for providing a connecting sewer to any premises, the owner of such premises shall, before the occupation of such premises by any person, make provision for-
(a)a conservancy tank or a septic tank and absorption field on such premises in conformity with the provisions of regulation 37; or
(b)any other means of sewage disposal as the Council may permit, but subject to regulation 38.
(3)Where in the case of premises contemplated in subregulation (2) the owner of such premises is notified in writing by the Council that a public sewer has been installed and is available from which a connecting sewer can be provided to the premises, such owner shall, within the period specified in the notice, but which shall not exceed 6 months-
(a)provide a drainage installation on such premises, or make any necessary extensions or alterations to any existing installation on such premises, for the purpose of connecting such premises to the public sewer; and
(b)submit to the Council, in accordance with regulation 4, an application for the provision of a sewerage service.
(4)If the owner of any premises fails to comply with a notice referred to in subregulation (3) before the expiry of the period specified in the notice, or such longer period as the Council may allow, such owner shall, with effect from the date following on the expiry of that period, be liable-
(a)for the charges determined in the sewerage tariff for the provision of a sewerage service; and
(b)until such time as the premises concerned are connected to the public sewer, to pay for the Council’s conservancy tank or pail removal service, whichever is applicable, at three times the rate determined in the sewerage tariff for such service,
(5)The owner of any premises to which any pail or conservancy tank service is rendered, shall give written notice to the Council if such service is no longer required and shall until such notice is given remain liable for the charges of such service.
(6)Any contractor or other person employing workmen for the construction of any building or carrying out any other work on any premises to which a connecting sewer is available for the purposes of any building constructed or to be constructed thereon, shall, unless such an amenity is available on the premises, provide on such premises a proper toilet with water closet and flushing cistern connected to the public sewer for the convenience of such workmen.
(7)Any person who fails to comply with the provisions of subregulation (1), (2), or (6) shall be guilty of an offence.

13. Faulty drainage installations

(1)If at any time a drainage installation on any premises is found not to conform to the provisions of these regulations, the Council may by notice in writing to the owner concerned require such owner to remedy the defect within a period specified in the notice.
(2)When in the opinion of the Council a nuisance exists owing to the emission of offensive gasses or odours from any ventilating pipe, trap or sanitary fitting or any other part of a drainage installation on any premises, the Council may by notice in writing to the owner concerned, require such owner to take, within such period as may be specified in the notice, such measures as may be necessary to prevent the recurrence of such nuisance.
(3)Where any sewage discharged into a drainage installation enters any soil-water fitting or waste-water fitting connected to the drainage installation, whether by reason of surcharge, back pressure or any other circumstance, the Council may by notice in writing to the owner concerned require the owner to carry out, within such period as may be specified in the notice, any work necessary to abate such entry of sewage and to prevent any recurrence thereof.
(4)A person who fails to comply with the requirements of a notice given under subregulation (1), (2) or (3), shall be guilty of an offence.

14. Council’s power to perform certain work on private premises

(1)Where an owner or other occupier of any premises has been required by a notice in terms of these regulations to carry out any work in relation to the drainage installation on such premises, whether by way of construction, repair, replacement or maintenance, and such owner or occupier fails to comply with the notice within the period specified therein, the Council may-
(a)cause such work to be carried out; and
(b)recover the cost of such work from the owner or occupier concerned.
(2)Any action taken by the Council in terms of subregulation (1) shall not prevent any person from being prosecuted for a contravention of these regulations,[The comma at the end of subregulation (2) should be a full stop.]
(3)Where no charge is determined in the sewerage tariff in respect of any work carried out by the Council in accordance with subregulation (1), the owner or occupier, as the case may be, of the premises in question shall be liable to pay to the Council the actual cost of such work plus an administrative levy equal to fifteen percent of such cost.
(4)Any damage caused to the public sewer or any part of the Council’s sewage treatment system as a result of the non-compliance with or contravention of any provision of these regulations shall be repaired by the Council at the expense of the person responsible for such noncompliance or contravention.

15. Maintenance of drainage installation

(1)Every owner of premises shall ensure that-
(a)the drainage installation on the premises is in a proper state of repair and maintained in good working order;
(b)every trap or other fitting forming part of such drainage installation is kept free from any accumulation of grease, oil or fat or any other substance or materials that may cause a blockage in any part of the drainage installation or may in any other manner adversely affect its proper functioning;
(c)every manhole, rodding eye or other access to a drainage installation and every outdoor gully is provided with an approved cover which remains closed at all times, but is accessible for the purpose of cleaning or other maintenance work.
(2)If, in the case of any building existing on any premises at the commencement of these regulations, any outdoor gullies on such premises are not provided with a precast concrete covering or any other approved mode of covering, the owner of such premises shall cause the necessary steps to be taken to ensure that all such gullies are provided with such a covering not later than 12 months after such commencement.
(3)Where two or more owners share the use of a drainage installation or any part thereof they shall be jointly and severally responsible for the maintenance and repair of such drainage installation and for the compliance with the provisions of this regulation.
(4)A person who contravenes any provision of subregulation (1), (2) or (3) shall be guilty of an offence.

16. Clearing of blockages and services provided by the Council

(1)Where a blockage occurs in a soil pipe the occupier of the premises concerned shall, subject to subregulation (3), cause such blockage to be removed by or under the supervision of a registered drainlayer.
(2)Any registered drainlayer carrying out any work contemplated in subregulation (1) shall report to the Council in writing, not later than 5 days after the completion of the work, the nature, location and cause of the blockage if the drainlayer suspects such blockage-
(a)to have been caused by the intrusion of tree roots or foreign matter in the drainage installation; or
(b)to have resulted because of a defect in the construction of the drainage installation.
(3)Where the Council considers it necessary or expedient for any reason, it may, either upon a request of the occupier of the premises or of its own motion, cause a blockage in the drainage installation to be removed and may recover from the occupier the charges determined in the sewerage tariff for such service.
(4)Should any work undertaken by the Council in terms of subregulation (3) necessitate the removal or disturbance of any paving, lawn or other artificial surfacing on the premises in question, the Council shall not be responsible to restore or replace such paving, lawn or surfacing.
(5)Where an overflowing of the drainage installation on any premises is caused by an obstruction in the connecting sewer which the Council on reasonable grounds belief to have been caused by objects emanating from such drainage installation, the occupier of the premises in question shall be liable to pay to the Council the charges determined in the sewerage tariff for the removal of such a blockage.
(6)Where a blockage has been removed by the Council from a combined private sewer or a drainage installation serving two or more premises, the occupiers of such premises shall be jointly and severally liable to the Council for the charges for the removal of such blockage.
(7)The emptying of any conservancy tank or septic tank on any premises may be carried out by the Council at such times as the Council may determine having regard to the general requirements of the service and in particular the avoidance of separate or unnecessary journeys by the Council’s removal vehicles.
(8)The Council may at its discretion, having regard to the position of a conservancy tank or septic tank on the premises or of the point of connection for a removal vehicle, make it a condition of its emptying the tank that the owner shall indemnify the Council in writing against any sum which it may become liable to pay to any person as a result, direct or indirect, of rendering the service for emptying such tank.

17. Disconnection

(1)Except for the purpose of maintenance or repair, to be carried out by or under the supervision of a drainlayer, no soil-water fitting or soil pipe shall be disconnected from any drain or from a public sewer without the prior written approval of the Engineer.
(2)Where any part of a drainage installation is permanently disconnected the owner of the premises shall-
(a)dispose of the disconnected part in a manner which will not be a danger to health; and
(b)cause any opening in the drainage installation resulting from the disconnection to be sealed by a drainlayer.
(3)A drainlayer carrying out any work contemplated in subregulations (1) and (2), shall upon completion of such work comply with the provisions of regulation 27(2).
(4)Where any disconnection contemplated in subregulation (2) has been carried out which requires the application in future of any different rate of fees and charges leviable under the sewerage tariff, the Engineer shall, on the written application of the owner of the premises, cause such adjustments to be made in relation to those fees and charges as will give effect to the resulting changed circumstances.
(5)Any adjustment directed by the Engineer in accordance with subregulation (4) shall be applicable with effect from the first day of the month following the date of receipt by the Engineer of the owner’s application in terms of that subregulation, notwithstanding the date on which the disconnection in question was completed.
(6)Where a building on any premises is demolished, the Engineer may cause any connecting sewer to such premises to be disconnected and removed, and the owner of the premises shall be liable for the charges determined in the sewerage tariff for such disconnection and removal, including the sealing of the public sewer.
(7)Any person who contravenes any provision of subregulation (1) or (2) shall be guilty of an offence.

Chapter 2
REGISTRATION OF DRAINLAYERS

18. Persons qualified to carry out work on drainage installation

(1)No person, other than a person who is registered with the Council as a drainlayer in terms of regulation 19, shall carry out or undertake to carry out-
(a)in relation to a drainage installation or any part thereof, any work for which approval is required by any provision of these regulations or which, in terms of these regulations may be carried out only by a drainlayer;
(b)any inspection or testing of a drainage installation; or
(c)any work for the disconnection of any part of, and the sealing of, a drainage installation.
(2)Any person who carries out or attempts to carry out any work in contravention of subregulation (1), shall be guilty of an offence.

19. Registration of drainlayers with Council

(1)An application for the registration of a person as a drainlayer for the purposes of these regulations, shall be made in writing to the Council through the Engineer and shall be accompanied by such proof of the applicant’s qualifications, training or experience as the Council may require.[The word “applicant’s” is misspelt in the Government Gazette, as reproduced above.]
(2)Where the Engineer so requires, a person who has submitted an application for registration in terms of subregulation (1), shall, in a form approved by the Engineer, give notice of the submission of his or her application by advertisement in two consecutive issues of a daily newspaper circulating in the local authority area, and which notice shall call upon persons wishing to object to the application to lodge their objections in writing with the Engineer not later than 7 days after the date of the last publication of such notice.
(3)If, after consideration of an application in terms of subregulation (1) and a report and recommendation of the Engineer and any objections received against the application, the Council is satisfied that the applicant-
(a)is a qualified artisan in the drainlaying trade, or has any comparable qualification approved by the Council, or has had practical experience in that trade which the Council considers adequate and appropriate for purposes of registration as a drainlayer;
(b)has an adequate knowledge of these regulations and of the provisions of SABS 0252-2:1993; and
(c)
(i)is a Namibian citizen; or
(ii)has been lawfully admitted to Namibia for permanent residence therein and is ordinarily resident in Namibia; or
(iii)holds an employment permit issued in terms of section 27 of the Immigration Control Act, 1993 (Act 7 of 1993), in terms of the conditions of which he or she is not prohibited or prevented from conducting the business or performing the work of a drainlayer in Namibia,
the Council shall, subject to subregulation (4), grant the application and issue to the applicant a registration card.
(4)The Council may refuse to register a person as a drainlayer if the applicant has carried out any work referred to in regulation 18(1) without first being registered as a drainlayer with the Council.
(5)The Council may, upon application made to it, register a company or close corporation or partnership as a drainlayer if-
(a)at least one of the directors or members of such company, close corporation or partnership, holding not less than 10% of the shares of such company or of the members’ interest in such close corporation or partnership, satisfies the Council with respect to the requirements mentioned in paragraphs (a) and (b) of subregulation (3); and
(b)the controlling interest in such company, close corporation or partnership is not held by persons who are not Namibian citizens.
(6)Except in the case of the refusal of an application on the ground of non-compliance with the provisions of subregulation (3)(c) or (5)(b), the Council shall not make a decision that would be adverse to an applicant without giving to the applicant an opportunity of being heard and presenting evidence in support of his or her application.
(7)For the purposes of making a recommendation and report to the Council in relation to an applicant for registration as a drainlayer or for the registration of a company, close corporation or partnership as such, the Engineer may require that the applicant or, where applicable, a person contemplated in subregulation (5)(a), subjects himself or herself to a test for the purposes of evaluating the applicant’s skills in drainlaying work or his or her knowledge of the provisions of these regulations and SABS 0252-2:1993.

20. Term of registration

Unless it is sooner withdrawn under regulation 21, a registration card shall be valid for a period of 12 months from the date of its issue, but may renewed annually upon application made by the holder thereof not later than 21 days before the date on which it is due to lapse.

21. Withdrawal or suspension of registration

(1)The Council may withdraw, or suspend for such period as it may determine, the registration of any person as a drainlayer if such person or, in the case of a company, close corporation or partnership, one of the directors or members thereof-
(a)has in his or her application for registration as a drainlayer given any material information which he or she knows or ought to have known is false; or
(b)has carried out or caused or permitted to be carried out any drainlaying or associated work in a negligent, unsafe or inefficient manner or in contravention of any provision of these regulations or SABS 0252-2:1993; or
(c)has issued a certificate in terms of regulation 27(1)(b) which he or she knows or ought to have known is incorrect or false;
(d)allows his or her registration card to be used in a fraudulent manner.
(2)The Council shall not exercise any of the powers under subregulation (1), unless the Council has-
(a)given to the person concerned at least 21 days’ notice in writing of its proposed action and of the reasons therefor; and
(b)in such notice, invited such person to lodge with the Council in writing any representations which he or she may wish to make in connection with the Council’s proposed action.

22. Temporary registration

The Council may upon application made to it by a person who complies with the requirements of regulation 19(3) or (5), register such person, or where applicable the company, close corporation or partnership, temporarily for the purpose of carrying out any specified work.

23. Production of registration card

Any person carrying out or about to carry out any work referred to in regulation 18(1), shall, when requested to do so, produce his or her registration card for inspection to the Engineer or any officer of the council authorised thereto by the Engineer or any occupier on or in respect of whose premises such work is being or to be carried out.

24. Prohibition against employment of unregistered persons for drainlaying work

(1)No owner or occupier of any premises shall engage or permit any person to carry out on such premises any work referred to in regulation 18(1), unless such person is registered with the Council as a drainlayer in terms of regulation 19.
(2)A person who contravenes subregulation (1) shall be guilty of an offence.

25. Issue of duplicate registration card

(1)A person whose registration card is lost, destroyed or damaged may apply to the Council for a duplicate of such card.
(2)An application in terms of subregulation (1) shall be accompanied by a statement made under oath or affirmation stating the circumstances in which the registration card was lost, destroyed or damaged, as the case may be, and the fee for the issue of a duplicate registration card.

26. Fees for registration and renewal

The fees payable to the Council for-
(a)the registration of a person as a drainlayer;
(b)the renewal of such a registration;
(c)the issue of a duplicate registration card,
shall be as determined by the Council from time to time.

27. Responsibilities of registered drainlayer

(1)A drainlayer shall-
(a)ensure that any work carried out by him or her in relation to a drainage installation, or by any other person acting under his or her control, is performed in conformity with the requirements of these regulations and SABS 0252-2: 1993; and
(b)certify in a manner approved by the Engineer that such work complies with the requirements of these regulations.
(2)Not later than 7 days after the completion of any work referred to in paragraph (a) of subregulation (1), the drainlayer concerned shall-
(a)submit to the Engineer the certificate referred to in paragraph (b) of that subregulation; and
(b)deliver a copy of such certificate to the person on whose instructions the work was carried out.

Chapter 3
REQUIREMENTS FOR DRAINAGE INSTALLATIONS

28. Standard specifications and codes of practice applicable

For the purpose of these regulations the relevant SABS standards and codes shall be applicable, but the Council may also approve the use of any other specification and codes where in its opinion it is appropriate to do so, and it shall in considering any application for such approval be guided by accepted practice and international specifications and codes of practice.

29. Information and drawings

(1)No work shall be carried out or be commenced with on any premises in connection with-
(a)the initial construction of a drainage installation; or
(b)any alterations or extensions to any existing drainage installation,
unless there is submitted to the Council, by or on behalf of the owner of the premises, drawings of the proposed drainage installation or alterations or extensions complying with the provisions of subregulations (5), (6) and (7) and the information provided for in Chapter 4 of SABS 0252-2:1993, and such drawings and information have been approved by the Council.
(2)A complete set of the drawings approved under subregulation (1) shall be available at the premises where any work mentioned in that subregulation is being carried out until the certificate of the drainlayer is submitted to the Engineer in accordance with regulation 27(2).
(3)If any work is carried out in contravention of subregulation (1) the Engineer may by notice in writing require the owner of the premises to comply with the provisions of that subregulation within a period specified in the notice, and thereupon-
(a)work in progress shall be discontinued until the approval required by that subregulation is granted;
(b)any work that does not comply with these regulations shall be removed when so directed by the Council.
(4)An application for the approval of drawings referred to in subregulation (1) shall be accompanied by a site plan of the premises with buildings, plans, elevations and sections indicating clearly the nature and extent of the proposed work: Provided that where the particulars required in terms of subregulation (7) sufficiently appear on the other drawings submitted, a block plan shall not be required.
(5)Any drawings required to be submitted to the Council in terms of this regulation shall-
(a)consist of at least one set of such drawings prepared in durable transparent material or of clearly legible prints with a white background on approved durable material, and such additional paper prints of such drawings as may be required by the Council;
(b)be signed by the owner; and
(c)be of a size not smaller than A4 (297 mm by 240 mm).
(6)In the case of a drain and drainage installation, the plans, elevations and sections of the required drawings shall be drawn to a scale not smaller than 1:200, except in the case of site plans which shall be drawn to a scale not smaller than 1:500.
(7)The plans, elevations and sections shall show-
(a)the location, size and gradient of any drain and every connecting point to such drain in relation to a datum established on the site and the level of the ground relative thereto;
(b)the location of every point of access to the interior of any drain;
(c)the location of any overflow or floor drain gully;
(d)the location and details of any conservancy tank or any septic tank and absorption fields or any sewage pump;
(e)the location and arrangement of every sanitary fixture served by the drainage installation;
(f)the location and size of any soil pipe, waste pipe and ventilating pipe or vent valve;
(g)the location of any chimney, door, window or other opening to any building which is within a distance of 6 m from the open end of any ventilating pipe;
(h)the floor levels of the building;
(i)the part of any existing drainage installation which will be affected by the proposed work.
(8)The site plan shall show-
(a)the dimensions of the premises on which the drainage work is to be carried out;
(b)the location of any building on such premises;
(c)the location of any existing drain and of the proposed drains thereon;
(d)the title deed description of the premises and of all pieces of land contiguous thereto; and
(e)the name of every street on which the premises abut; and
(f)the direction of true north.
(9)A drain shall not be so designed or constructed that any part thereof extends beyond the boundary of the premises it is intended to serve, but if the Council considers it necessary or expedient to do so, and upon proof of the registration of an appropriate servitude or of a notarial deed for a combined private sewer, as the Council may require, the Council may permit the owner of any premises to lay a drain at his or her own expense through any adjoining premises.
(10)The fees payable to the Council-
(a)for the consideration of any drainage installation plan submitted for approval; and
(b)for any testing or retesting of a drainage installation which the Council considers necessary before giving its approval therefor,
shall be as determined in the sewerage tariff and shall be payable in advance before any such plan is considered or any such test is carried out.
(11)Where an application for the approval of drawings referred to in subregulation (1) is refused or withdrawn, the fees paid in respect thereof shall not be refundable, except if the Council in a particular case directs otherwise.
(12)The approval of any drawings by the Council under this regulation shall lapse if the work to which such drawings relates is not carried out within a period of 2 years after such approval was granted.

30. General requirements for design and construction of drainage installations

(1)Any drainage installation shall be so designed and constructed that-
(a)an adequate number of sanitary fixtures is provided in relation to the population and class of occupancy of such building;
(b)such installation is capable of-
(i)carrying the design hydraulic load;
(ii)discharging into any drain, combined private sewer, connecting sewer, conservancy tank or septic tank and absorption field or evapo-transpiration bed provided to receive such discharge;
(c)all components and materials used in the drainage installation are watertight;
(d)no nuisance or danger to health will be caused as a result of the operation of the drainage installation;
(e)any drain in such system is of such strength, having regard to the manner in which it is bedded or supported, that it is capable of sustaining the loads and forces to which it may normally be subjected and that it is properly protected against any damage;
(f)all sanitary fixtures are so located that they are easily accessible to the persons they are intended to serve;
(g)any necessary inspection, cleaning or maintenance of any part of the system will be possible to be performed through the means of access provided.
(2)The requirements of subregulation (1) shall be deemed to be satisfied where the drainage installation-
(a)complies with the provisions of SABS 0252-2:1993 (Drainage installations for buildings); and
(b)conforms to the requirements of these regulations.
Provided that in the application of paragraphs 4.2.1. and 4.2.2 of SABS 0252-2: 1993 relating to the requirements for the class of occupancy of a building and the calculation of the design population, the information as set out in tables 1 and 2 in Annexure A shall be applicable.

31. Design of a proposed drainage installation

(1)Where the Council is of the opinion that the size or complexity of the drainage installation required in any building renders it essential for such installation to be the subject of a detail design, the Council may require from the owner that the installation be designed by a professional engineer or other approved competent person and to submit for approval plans and particulars of the drainage installation based on such design.
(2)Any detail design required in terms of subregulation (1) shall comply with the requirements of these regulations and the requirements of Chapters 2, 3, 4, 5, 6 and 7 of SABS 0252-2:1993: Provided that-
(a)the Engineer may permit any combination of drainage systems if, in his or her opinion, such combination will result in an adequately ventilated drainage installation and the effective protection of the water seals of all traps connected to the drainage installation;
(b)unless approved by the Engineer, no drain shall be installed at a gradient of less than 1 in 60;
(c)no chimney or flume shall be used as a means for ventilating any drain, soil pipe or waste pipe;
(d)the shape and dimensions of any recess containing any part of a drainage installation, and the arrangement of pipes and other fittings therein, shall be such that it will allow adequate entry for purposes of renewal, replacement, maintenance or repair of such installation or pipes or fittings, and any such recess shall be adequately ventilated if provided with a cover or covers;
(e)any enclosed shaft or duct containing any part of a drainage installation, shall-
(i)have a minimum cross-sectional area of 1,5 square metres and a minimum width of 1 metre;
(ii)be adequately ventilated; and
(iii)be provided with means of access to its interior adequate for inspections and repairs to be carried out,but the Council may permit the use of an unventilated shaft or duct with a smaller cross-sectional area and width in a case where the whole of the interior of every soil pipe and waste pipe contained therein will be otherwise readily accessible for the purpose of cleaning;
(f)unless otherwise permitted by the Council, no pipe, bend or junction forming part of a drainage installation serving a building of more than two storeys shall be exposed to view from the outside of such building;
(g)rodding eyes shall be provided on all private sewers and drains up to a depth of 1,5 metre below the ground level, but the Engineer may allow manholes when required;
(h)all rodding eyes shall be adequately marked and be protected against any damage to the satisfaction of the Council;
(i)the chamber of any manhole shall be of adequate size to allow the entry of a person for the purpose of obtaining access to a drain, but the dimensions thereof shall in any event not be less than -
(i)in the case of a chamber with a depth not exceeding 750 mm, a length of 600 mm and a width of 450 mm, or an internal diameter of 600 mm in the case of a circular chamber;
(ii)in the case of a chamber with a depth exceeding 750 mm but not exceeding 2000 mm, a length of 900 mm and a width of 600 mm or an internal diameter of 1200 mm in the case of a circular chamber;
(j)any effluent emanating from any garage, restaurant or industrial kitchen or any industrial effluent containing grease, fat or inorganic solid matter in suspension shall, before it is allowed to enter any sewer, be passed through one or more tanks or chambers conforming to the requirements set out in paragraphs 5.2.7 and 5.2.8 of SABS 0252-2:1993 and designed to intercept and retain such grease, oil, fat or solid matter;
(k)any waste-water or industrial effluent containing oil, petrol, grease or any similar substance or any liquid which gives off a flammable or noxious vapour at a temperature of 20ºC or more, shall be intercepted and retained in tanks or chambers in accordance with paragraph 5.2.8 of SABS 0252-2:1993 so as to prevent the entry thereof into the public sewer;
(l)floor drains may be installed within any building equipped with an automatic water sprinkler system, provided the pipe or pipes receiving the discharge from any such drain will discharge into another gully outside the building, the inlet of which is situated as required in terms paragraph 6.6.3 of SABS 0252-2:1993;
(m)only a closed sewer system with closed gullies shall be used on the drainage installation, unless the prior written approval of the Council is obtained to use a system with open gullies or any other system;
(n)no mechanical waste food disposal unit or garbage grinder or any similar device which may impair the functioning of the public sewer system or water care works shall be incorporated in the drainage installation.

32. Materials, fittings and components

(1)Subject to subregulations (2) and (3), only SABS approved materials, fittings and components as listed in Chapter 2 and discussed in Chapter 5 of SABS 0252-2:1993 or similar pipes, joints and fittings approved by the Council shall be used on any drainage installation.
(2)Notwithstanding the provisions of subregulation (1)-
(a)structured wall pipes according to SABS 1601 may be used;
(b)the inside and outside surfaces of any cast iron pipes and their associated traps and fittings shall be properly coated with a bituminous or other corrosion-resisting material.
(c)all sanitary fixtures shall comply with the SABS codes referred to in Annexure B.
(3)Notwithstanding anything to the contrary contained in these regulations or any relevant SABS standards and codes, the Council may determine that only pipes, joints and fittings of specified materials resistant to or adequately protected against corrosion shall be used should the sewage be corrosive or aggressive soil conditions occur in the particular area.

33. Control of installation and work on drainage installation

(1)Subject to subregulation (2), the construction of a drainage installation shall be carried out in conformity with-
(a)the drawings approved in terms of regulation 29 and detail specification procedures for the installation; and
(b)the requirements of Chapters 6 and 7 of SABS 0252-2:1993.
(2)Any drainlayer carrying out or exercising control over the construction of a drainage installation shall ensure that-
(a)no fixed joint is used in the drainage installation and no caulked joint is used on any pipe forming part of the drainage installation, except with the approval of the Council;
(b)any pad or packing inserted between the base of any water closet pan and the floor shall be of non-absorbent material;
(c)no solvent cement welded joints are used on any unplasticised polyvinyl chloride (uPVC) pipes forming part of the drainage installation;
(d)every channel and trap forming part of a urinal or receiving the discharge from a urinal is located in the same room as the urinal and is of approved impervious material with a glazed or smooth finish;
(e)the flow of water into a flushing cistern is separately controlled by an isolating valve or other approved device situated in the same room not more than 1 m from the cistern;
(f)all rodding eyes and manholes are constructed in such a way that they cannot be flooded by storm water;
(g)where any drain passes under any building only pipes approved by the Engineer shall be installed;
(h)the invert of a manhole shall be formed by semi-circular channels, bedded on and properly “benched” in cement mortar, trowelled to a smooth finish;
(i)only closed gullies complying with the relevant SABS specification or any similar approved specification may be installed on any drainage installation, unless otherwise approved by the Council;
(j)in any room containing a urinal or urinals-
(i)all surfaces liable to fouling shall be protected with an approved impervious material with a glazed or other smooth finish;
(ii)the floor of a room or compartment containing a urinal channel shall slope towards and drain into the channel, but where the chan­nel is raised above the level of the floor, a platform of at least 400 mm wide shall be provided and only such platform shall be required to slope and drain as aforesaid;
(k)where more than eight urinals are directly connected to a soil pipe or drain, the floor of the room or compartment where the urinals are located shall be graded and drained to an approved floor gully similarly connected;
(l)any shower room or compartment shall be provided with an impervious floor and a trap linked to the drainage installation.

34. Cleaning, inspection and testing of a drainage installation

(1)Every drainage installation shall upon its completion-
(a)be properly cleaned to remove any foreign matter;
(b)be inspected by the Engineer in the presence of the drainlayer by whom or under whose control it was installed; and
(c)be tested under pressure and for performance,
and for the purposes of such cleaning, inspection or testing the provisions of paragraph 6.8 of SABS 0252-2:1993 shall be applicable.
(2)At least 2 working days’ notice shall be given to the Engineer where any inspection of a drainage installation is required to be carried out.

35. Engineer may require drainage installation to be tested

(1)The Council may by written notice require the owner of any premises to employ a drainlayer at his or her own cost to test the functioning of the drainage installation on such premises if the installation is suspected to be faulty.
(2)A drainlayer carrying out any work referred to in subregulation (1) shall comply with the provisions of regulation 27(2).

36. Sewage pumps

(1)Where any part of a building or premises is at such a level in relation to the public sewer that a drainage installation serving that part cannot discharge into the public sewer by gravitation, the Engineer may, subject to the provisions of this regulation and to such conditions as the Engineer may determine, permit the sewage from such part to be raised by means of a sewage pump to discharge at such point and such level as the Engineer shall determine.
(2)Any person intending to install a sewage pump for the purpose mentioned in subregulation (1), shall make application in writing to the Engineer for permission to do so and shall, together with such application, provide the information required in the form set out in Annexure D and shall furnish such additional information as the Engineer may require.
(3)The relevant part provided on the form referred to in subregulation (2) shall be completed by a professional engineer who is conversant with the technical details of the sewage pump to be used, and the undertaking included in the application form shall be signed by the owner of the premises.
(4)An application in terms of subregulation (2) shall be made in duplicate and be accompanied by drawings prepared in accordance with the provisions of regulation 29 and shall show the location and details of the compartment which will contain the sewage pump, the sewage storage tank, the stilling chamber, and the positions of the soil pipes, ventilation pipes, rising main and the connecting sewer.
(5)Where an application in terms of subregulation (2) is granted it shall be a condition of such permission that the owner of the premises concerned shall provide and install-
(a)unless the Engineer permits otherwise in a particular case, two sewage pumps conforming to the requirements of this regulation, which shall be connected in such a way that in the event of the one failing to function the other will immediately and automatically begin functioning; and
(b)a tank for retaining the sewage to be disposed of by means of the sewage pump, and which shall conform to the requirements of subregulation (8).
(6)Every sewage pump installed for the purpose mentioned in subregulation (1), shall-
(a)have an operational capacity suitable to cope with the load and circumstances it will be subjected to;
(b)be fitted with a discharge pipe, isolating valve and non-return valves located in approved positions;
(c)be so located and operated as not to cause any nuisance through noise, odour or otherwise,
and every compartment containing such a sewage pump shall be provided with adequate apertures for ventilation purposes.
(7)The maximum discharge rate from any sewage pump, and the times between which the discharge may take place, shall be as determined by the Engineer, who may at any time require the owner to provide and install such fittings and regulating devices as may be necessary to ensure that such maximum discharge rate will not be exceeded.
(8)The sewage retaining tank referred to in subregulation (5)(b) shall be a watertight container which-
(a)is constructed of hard and durable materials;
(b)has a smooth and impermeable inner surface;
(c)has, below the level of the inlet pipe, a storing capacity-
(i)which is sufficient to retain the volume of sewage which it is anticipated will emanate from the part of the building or premises in question over a 24 hour period; or
(ii)of at least 900 litres,
whichever is the greater quantity; and
(d)is designed in such a manner that the maximum proportion of its sewage content will be emptied at each discharge cycle of the sewage pump.
(9)The starting mechanism of a sewage pump installed for the purpose referred to in subregulation (1), shall be set to commence pumping operations when the volume of sewage contained in the retaining tank is equal to not more than half of its storage capacity.
(10)Where the Engineer in a particular case so requires, a stilling chamber, with a depth of not less than 850 mm, shall be installed between the outlet of the sewage pump and the connecting sewer.
(11)Every sewage retaining tank and every stilling chamber installed in accordance with the provisions of this regulation shall be provided with a ventilating pipe with a diameter of not less than 100 mm in accordance with the provisions of paragraph 6.4 of SABS 0252-2:1993.
(12)Any permission given in terms of subregulation (2) shall not render the Council liable for compensation for any injury or damage to life or property caused by the use, malfunctioning or any other condition arising from the installation or operation of a sewage pump referred to in subregulation (1).

37. Installation of conservancy tanks or septic tanks and absorption fields

(1)Except with the prior written permission of the Council, no person shall install or construct on any premises within the local authority area any conservancy tank or any septic tank, absorption field or evapo-transpiration bed.
(2)The Council may in its discretion and with due consideration of the conditions prevailing in the particular case grant or refuse an application for its permission in terms of subregulation (1).
(3)Any conservancy tank, septic tank, absorption field or evapo-transpiration bed installed or constructed in accordance with subregulation (1), shall conform to the requirements as set out in chapter 7 of SABS 0252-2:1993.
(4)The following conditions shall apply in every case where the Council has granted its permission under subregulation (2):
(a)Where the Council’s removal vehicle will be required to traverse any private property for the purpose of emptying a conservancy tank or septic tank, the owner shall make provision for a driveway to such tank, including any gateway to or in such driveway, of at least 3,5 metre wide and with a surface capable of withstanding an axle load of 8 metric tons in any weather condition.
(b)The overflow from a septic tank may be permitted to discharge in an absorption field, in which event proper grease traps shall be installed to prevent the blockage of the absorption field.
(c)Before any absorption field is constructed on any premises, percolation tests shall be carried out in accordance with paragraph 7.3.2 of SABS 0252-2:1993, for establishing whether the soil on such premises is suitable for the location of an absorption field;
(d)A watertightness test as prescribed in paragraph 7.2.5 of SABS 0252-2:1993 shall be carried out on a septic tank and the drainlayer employed to carry out such test shall comply with the provisions of regulation 27(2).
(5)The occupier of premises on which a conservancy tank or septic tank is installed shall at all times maintain such tank in good order and condition to the satisfaction of the Council.
(6)If the use of any conservancy tank or septic tank on any premises is discontinued, or if permission for such use is withdrawn, the owner shall cause the tank to be removed or to be filled up with soil or other suitable material or to be dealt with in such other manner as the Engineer in the circumstances of the case may direct or permit.

38. Other means of sanitary disposal

(1)Where water-borne sewage disposal is not available, other means of sewage disposal shall be permitted by the Council: Provided that in the case of chemical or pail closets satisfactory means are available for the removal and disposal of sewage from such closets.
(2)No person shall construct any pit latrine without the written permission of the Council.
(3)Any other means of sanitary disposal approved by the Council under subregulation (1) shall-
(a)be constructed and located in such a way as to prevent a causation of any nuisance or any unhygienic or offensive condition; and
(b)comply with the requirements of Part Q of SABS 0400, paragraph 7.4 of SABS 0252-2: 1993 and any other requirements that the Council may lay down in a particular case.

Chapter 4
CONTROL OVER DISCHARGE OF SEWAGE, STORM WATER AND DISCHARGES FROM OTHER SOURCES

39. Sewage or other prohibited discharges not to enter storm water drains or roads

(1)No person shall discharge or cause or permit the discharge of any sewage, either directly or indirectly, onto any street or any premise or into any storm water drain, river, stream or other watercourse, whether natural or artificial.
(2)The occupier of any premises on which steam or any liquid, other than, potable water, is produced, processed, generated or stored shall provide such facilities as may be necessary to prevent any discharge, leakage or escape of such liquid onto any street or any premises or into any storm water drain or watercourse, but the Council may, if in the opinion of the Council circumstances permit, grant permission for the discharge of steam in any of such manners.
(3)Where the hosing down or flushing by rainwater of an open area on any private premises is in the opinion of the Council likely to cause the discharge of offensive matter into any street gutter, storm water drain, river, stream or other water course, whether natural or artificial, the Council may by written notice to the owner of the premises instruct such owner to cause such alterations to be made to the drainage installation, or any roofing on the area, as the Council may consider necessary to prevent or minimise such discharge or pollution.
(4)Any person who contravenes or permits the contravention of subregulation (1), (2) or (3) or who fails to comply with a notice served on him or her under this regulation shall be guilty of an offence.

40. Storm water not to enter sewers

(1)No person shall cause or permit storm water to enter any drainage installation on any premises
(2)No part of a drainage installation shall be constructed in such a way as will allow storm water to enter the drainage installation
(3)No pipe, channel or other device used for conducting rainwater from any roof or other surface shall be permitted to discharge into any gully forming part of a drainage installation.
(4)Any person who contravenes subregulation (1), (2) or (3) shall be guilty of an offence.

41. Discharges from swimming pools, fountains or reservoirs

(1)No person shall discharge or cause or permit the discharge of water from any swimming pool, fountain or reservoir to run, either directly or indirectly, into or onto-
(a)any road, gutter, storm water drain or watercourse;
(b)any premises, other than the premises on which such swimming pool, fountain or reservoir is situated; or
(c)except with the prior written consent of the Council, any part of the drainage installation on any premises.
(2)The Council may, when giving its consent under subregulation (l)(c), impose such conditions as to place, time, rate of discharge, total discharge and payment of charges as it may it may determine.
(3)Any person who contravenes subregulation (1) or fails to comply with a condition imposed under subregulation (2) shall be guilty of an offence.

Chapter 5
INDUSTRIAL EFFLUENT

42. Permission to discharge industrial effluent

(1)Except with the prior written permission of the Council, no person shall discharge or cause or permit to be discharged into any public sewer any industrial effluent or any other liquid or substance, other than soil water or waste water.
(2)An application for the Council’s permission under subregulation (1) shall be made in the form set out in Annexure E, and an applicant shall provide the Council with such additional information and with such samples of the industrial effluent as the Council may require in the particular case.
(3)The Council may at its discretion, having regard to the capacity of any public sewer or any sewage pump station used for sewage and the capacity of the water care works, grant permission for the discharge of industrial effluent from any premises into a public sewer, subject to such conditions as it may think fit to impose, including the payment of charges assessed in accordance the sewerage tariff and in accordance with the requirements of Annexure C.
(4)A person to whom permission has been granted under subregulation (3) to discharge industrial effluent into a public sewer shall not do anything that will or could result in any change in the quantity or nature of industrial effluent so discharged, unless the Council’s approval therefor has been obtained in writing and such person has notified the Council in writing of the date the proposed change will take effect.
(5)Any person who discharges or causes or permits to be discharged into the public sewer any industrial effluent-
(a)without having first obtained the Council’s permission therefor under subregulation (1); or
(b)in a case contemplated in subregulation (4), without complying with the provisions of that subregulation,
shall be guilty of an offence and shall, in addition to the penalty which may be imposed for such offence, be liable to such charge as the Council may assess for the conveyance and treatment of effluent so discharged and for any damage caused as a result of such unauthorised discharge.
(6)Without prejudice to the provisions of regulation 47(5), the Council shall be entitled to recover from any person who discharges or causes or permits to be discharged into a public sewer industrial effluent or any substance which is prohibited or restricted in terms of regulation 45(1) or which has been the subject of an order issued in terms of subregulation 45(2) all costs, expenses or charges incurred or to be incurred by the Council as a result of any of the following:
(a)Injury of any person;[The word “Injury” at the beginning of paragraph (a) should not be capitalised.]
(b)any damage to, or blockage or breakdown of-
(i)the public sewer;
(ii)any water care works or plant;
(iii)any sewage pump; or
(iv)any other property whatsoever, whether under the control of the Council or not; or
(c)any costs including fines and damages which may be imposed or awarded against the Council and any expense incurred by the Council as a result of any action in terms of the Water Act, 1956, or any action against it consequent on any partial or complete breakdown of any water care works or sewage pump directly or indirectly caused by the said discharge.
(7)The Council may from time to time, or at any time as a result of a change in the method of sewage treatment or the introduction of new or revised standards by the Council or under the Water Act, 1956, or as a result of any amendment to these regulations or due to any other reason, and after giving adequate written notice in advance of its intention to do so,-
(a)review, amend, modify or revoke any permission given under subregulation (1) or any conditions attached to such permission; or
(b)impose new conditions for the acceptance of any industrial effluent into the public sewer;
(c)prohibit the discharge of any or all of such effluent into the public sewer,
and on the expiration of such period of notice, the previous permission or conditions, as the case may be, shall cease to apply and, where applicable, the new or amended conditions shall forthwith apply.

43. Control of industrial effluent

(1)The occupier of any premises from which industrial effluent is discharged into a public sewer shall-
(a)provide adequate facilities, such as overflow level detection devices, standby equipment, overflow catch-pits or other appropriate means designed for the purpose of and capable of effectively preventing the discharge into the public sewer of any substance prohibited or restricted or having properties outside the limits imposed in terms of these regulations;
(b)before the industrial effluent is discharged into the public sewer-
(i)subject it to such pre-treatment as will ensure that such effluent will not at any time be in contravention of any of the requirements of regulation 45(1); or
(ii)modify the effluent cycle of the industrial process in such a manner as in the opinion of the Council is necessary to enable any water care works receiving the said effluent, whether under the control of the Council or not, to produce treated effluent complying with any standards which may be laid down in respect of such works in terms of the Water Act, 1956;
(c)install a separate drainage installation for the conveyance of industrial effluent and to discharge the same into the public sewer through a separate connecting sewer provided by the Council and to refrain from discharging any such effluent through any drainage installation intended or used for the conveyance of soil water and waste water or from discharging any soil water or waste water through such a separate drainage installation provided for industrial effluent;
(d)pay in respect of the discharge of industrial effluent into the public sewer such amount as assessed in accordance with the charges determined in the sewerage tariff;
(e)provide information required by the Council for the purpose of assessing the charge which is payable.
(2)The Council may by notice in writing to the occupier of any premises from which industrial effluent is discharged, require such occupier or person to do all or any of the following:
(a)To restrict the discharge of such effluent to certain specified hours and the rate of discharge to a specified maximum and to install, at such person’s own expense such tanks, appliances or other equipment as in the opinion of the Council may be necessary or adequate to ensure compliance with such restrictions;
(b)to construct at his or her own expense in any drainage installation conveying industrial effluent to the public sewer one or more sampling and metering chambers, of such dimensions and materials and in such positions as the Council may prescribe;
(c)to provide and maintain at his or her own expense, for the purpose of subregulation (1)(e), a meter measuring the quantity of water drawn from any borehole, spring or other natural source of water and used on the property for industrial purposes.
(3)If a person discharges or attempts to discharge, or causes or permits to be discharged, into a public sewer any industrial effluent in contravention of any provision of these regulations, the Council may-
(a)after notifying the owner or occupier of the premises concerned of its intention to do so, forthwith close and seal off the connecting sewer conveying such effluent to the public sewer for such period as it may deem expedient so as to prevent such effluent from entering the public sewer; or
(b)forthwith suspend the supply of water to the industrial process.
(4)The Council shall not be liable to any person for any damage resulting from any action taken by the Council in terms of subregulation (3).
(5)Except with the written permission of the Council, no person shall open or break or cause to be opened or broken any seal of a connecting sewer closed in terms of subregulation (3)(a).
(6)In the event of the Council acting in terms of subregulation (3)(a), the owner or occupier of the premises shall forthwith furnish written proof to the Engineer that the industrial effluent emanating from the premises will be discharged to an alternative disposal site approved by the Engineer.

44. Metering and assessment of industrial effluent

(1)The Council may, in any drainage installation conveying industrial effluent to a public sewer-
(a)install, in such position as the Council may determine, a meter or gauge or other device for the purpose of determining the volume or composition of effluent so conveyed; or
(b)after consultation with the person concerned, establish an alternative method of assessing the quantity of the effluent to be discharged,
and may recover from the occupier of the premises concerned any costs incidental to the installation and maintenance of a meter, gauge or other device so installed or to an alternative method so employed.
(2)Notwithstanding subregulation (1), the Council may require from any person who discharges industrial effluent into a public sewer to provide and install, at such person’s own expense-
(a)separate water supply pipes for water used in any industrial process and water used for other purposes; or
(b)in such position or positions as the Council may determine, one or more meters in the water installation on the premises for the purpose of recording the water consumption in a specific part of the premises.
(3)The Council may determine a rebate to apply to the charges determined in the sewerage tariff if the owner or occupier discharges industrial effluent solely during off-peak periods specified by the Council.
(4)Any person who-
(a)opens or damages or in any other manner tampers or interferes with any meter, gauge or other device installed for the purpose mentioned in subregulation (1);
(b)in relation to a drainage installation or any such meter, gauge or other device, does, or causes or permits to be done, anything resulting in or which will or could result in any effluent being discharged without passing through such meter, gauge or other device,
shall be guilty of an offence.
(5)An owner of any premises who causes any act to be performed by any other person which constitutes an offence in terms of these regulations or who knowingly permits such an act to be performed by another person, shall be guilty of an offence.

45. Prohibited discharges

(1)No person shall discharge or cause or permit the discharge or entry into any public sewer of any sewage-
(a)which has a pH value of less than 5,0 or more than 12,0;
(b)which consists of or contains-
(i)any substance likely to produce or give off poisonous or offensive gases or vapours in any drain or public sewer or is explosive or flammable or has an open flash point of less than 93ºC;
(ii)oil, grease or fat or any detergent or other material capable of causing an obstruction to the flow in drains or public sewers or an interference with the proper functioning of a water care works;
(iii)any substance which is likely to produce, in the final treated effluent from any water care works, an undesirable taste after chlorination or an undesirable odour or colour or excessive foam or to prevent such treated effluent from conforming to the requirements which may have been prescribed under the Water Act, 1956 (Act 54 of 1956) for purified water;
(iv)any substance specified in Annexure C;
(c)which, in the opinion of the Engineer, may cause harm or damage to any public sewer, sewage pump or water care works or other equipment;
(d)which may be prejudicial to the purification of sewage effluent for the purpose of re-use, or is not amenable to treatment for such purification, or may cause a breakdown or inhibition of the biological treatment processes;
(e)which either alone or in combination with any other matter, may generate or constitute a toxic substance dangerous to the health of persons maintaining public sewers or employed at the water care works.
(2)Where the Engineer, or any other official of the Council acting under the control of the Engineer, by notice in writing to any person, orders such person to discontinue the discharge into the public sewer of any effluent or substance, which in the opinion of the Engineer or such official is being so discharged contrary to the provisions of subregulation (1), such person shall forthwith take such steps as may be necessary to cease such discharge.
(3)If a person fails to comply with a notice under subregulation (2), and in the opinion of the Council the discharge is likely to have an adverse affect on the efficient functioning of any water care works, the Council may, by further written notice to such person, refuse to permit the discharge by such person of any industrial effluent into the public sewer until such person has, to the satisfaction of the Engineer, taken the measures necessary to remove the cause of the complaint and to ensure that the industrial effluent will conform in all respects to the requirements of these regulations.
[The phrase “adverse affect” should be “adverse effect”.]

Chapter 6
GENERAL PROVISIONS

46. Levying of sewerage charges in respect of occupied premises not provided with sanitary facilities

Where persons occupying or frequenting any premises or any building which is not provided with a drainage installation or is not connected to the public sewer and is not provided with any alternative means of sewage disposal as contemplated in regulation 38, make use of the sanitary facilities provided on or in any other premises or building which is connected to the public sewer (other than on a temporary basis while the drainage installation of the first-mentioned premises or building is out of order or being repaired), the owner of the first-mentioned premises or building shall be liable to pay to the Council the charges determined in the sewerage tariff for the provision of a sewerage service as if the premises or building in question had been connected to the Council’s sewer.

47. General rules regarding the levy of charges

(1)If any charge determined in the sewerage tariff in respect of a category of premises is based on the number of persons occupying or otherwise using such premises, the Council may at any time request from the owner or other person having the charge and management of such premises to furnish the Council with a return on the number of persons occupying or otherwise using such premises or who have over a specified period occupied or used the premises.
(2)If any person who, in terms of subregulation (1), is required to furnish the Council with a return referred to in that subregulation or with any other information required by the Council for the purpose of assessing the charges payable to the Council, fails to comply with such request within 30 days after receipt thereof, such person shall pay to the Council such charges as may be assessed by it on the best information available to it, without prejudice to the Council’s power to levy and recover any additional charges which may be determined to be payable when further information becomes available to the Council.
(3)The charges payable in terms of the sewerage tariff for the disposal of sewage and effluent from swimming pools, fountains and reservoirs, shall, in relation to any building which is unoccupied or has been or is being demolished, remain payable until the date on which the Council is requested to disconnect such premises from the public sewer.
(4)Where, by reason of any change occurring in the nature of occupancy or use of any premises, the application of a different rate of charges under the sewerage tariff is required, the Council shall not be obliged to give effect to any claim for the adjustment of an account rendered by the Council or to make a refund of any moneys paid, unless at least 30 days’ notice in writing of such change has been given to the Council.
(5)The charge determined for commercial and industrial premises shall be based on a percentage of the monthly water consumption less consumptive use.
(6)If in respect of any premises the Council, having regard to its size, the number of water supply points and the complexity of the water reticulation, considers it impractical to determine the quantity of water discharged into the public sewer from records of metered water consumption, it may-
(a)direct that the water reticulation system be altered at the cost of the owner to facilitate the separate metering of water that will after use be discharged into the public sewer, and water that will be consumed and not be so discharged; or
(b)assess the quantity of water discharged into the sewer in any meter-reading period in accordance with the quantity of water used on premises of a similar nature as determined by the Council.
(7)Where industrial effluent is discharged from any premises, it shall be deemed that the volume of soil water and waste water discharged from such premises is equal to 5% of the quantity of water consumed on the premises.
(8)Effluent shall be classified as domestic, commercial or industrial in accordance with the zoning of the premises under the town planning scheme applicable within the local authority area.

48. General rules regarding charges for industrial effluent

For the purposes of regulation 43(1)(d), the following rules shall be applicable in connection with the charges payable under the sewerage tariff for the acceptance, conveyance and treatment of industrial effluent discharged into the public sewer:
(a)The occupier of any premises from which industrial effluent is discharged into the public sewer, shall, without prejudice to any other charges leviable under the sewerage tariff, pay to the Council an industrial effluent charge, including any minimum charge, as may be determined in the sewerage tariff.
(b)The industrial effluent charge shall be calculated as a percentage of the water consumed on the premises over the period between meter readings, less consumptive use.
(c)If during any period the water meter on any premises has not been functioning or functioning correctly, the estimated water consumption as determined in accordance with the Water Supply Regulations shall be applicable for the purposes of paragraph (b).

49. General rules regarding charges for sanitary services

The following rules shall be applicable in connection with the charges payable for the provision of a sanitary service:
(a)A deposit as determined by the Council shall be payable in respect of the provision of sanitary services before the commencement of such services.
(b)Night soil removal services shall be provided at such intervals as the Council may determine in each case.
(c)The charges for night soil removal shall be based on the number of pails removed or the volume removed from a tank, as the case may be.
(d)Any sanitary service provided by the Council may be subject to an escalating tariff within 6 months of the introduction of a suitable waterborne system.

50. Special agreements

(1)Where, by reason of the category of use for which a sewerage service is required by a person, the nature or situation of the premises concerned or the method of provision of a sewerage service, the Council considers it desirable that such supply should be provided subject to special conditions or a special charge, the Council may, notwithstanding anything to the contrary contained in these regulations, enter into a special agreement with such consumer on the terms and conditions as may mutually be agreed upon.
(2)Without prejudice to the generality of the provisions of subregulation (1), but subject to the provisions of the Act, a special agreement may provide for any one or more of the following matters:
(a)The provision of a sew rage service outside a proclaimed township.
(b)The sharing of common facilities by users.
(c)The provision of an alternative means of disposal as contemplated in regulation 38.
(d)The charges leviable for the provision of the sewerage service.
(3)Except in so far as is otherwise provided in a special agreement, the supply a sewerage service by the Council under a special agreement shall be subject to the provisions of these regulations.

51. Use of waste water for irrigation of gardens

(1)Notwithstanding anything to the contrary contained in these regulations, the Council may upon application made to it by the occupier of any premises grant permission to such occupier to use, subject to the provisions of this regulation and such conditions as the Council may impose, waste water emanating from such premises for the exclusive purpose of irrigating gardens on such premises.
(2)The following conditions shall apply in respect of the use of waste water for the purpose mentioned in subregulation (1):
(a)No waste water, other than that emanating from showers and baths or emanating from the rinsing of laundry, whether by means of a washing machine or otherwise, may be diverted for such use.
(b)No reduction in the charges payable in terms of the sewerage tariff shall be allowed in respect of any waste water so used.
(c)No tank or other receptacle used for storing such waste water shall in any way be connected to any part of the water installation on the premises.
(d)Any system used for irrigation by means of such waste water shall not be connected to the water installation in any way.
(e)Where waste water is diverted from an existing trap or gully at least one sanitary fitting shall be left to discharge water into such trap or gully.
(3)The installation of any system for the purpose of irrigation by means of waste water in terms of subregulation (1), shall for the purposes of these regulations be considered to be a change in the drainage installation and the provisions thereof in relation to the obtaining of approval shall be complied with.

52. Interference with sewers, drainage installations or water care works

(1)No person shall break into, enter or in any other manner interfere with any sewer, trap, screen, manhole, inspection chamber, pump station or other work or any part of any drainage installation; Provided that this prohibition shall not apply to alterations to any drainage installation undertaken by a registered drainlayer carrying out work in accordance with plans approved by the Council nor to any maintenance work carried out on a drainage installation.
(2)No person shall enter or loiter on the premises of any water care works without the approval of the Council or contravene any condition subject to which such approval has been granted.
(3)Any person who contravenes any provision of this regulation shall be guilty of an offence.

53. Pipes in streets and public places

(1)Except with the prior written approval of the Council,. no person shall, for the purpose of sewage disposal, lay or construct any drain or associated component on, in or under a street or public place or any other land vesting in or under the control of the Council.
(2)A person to whom the Council has granted its approval under subregulation (1) shall carry out the work in question subject to such conditions as may have been imposed by the Council.

54. Obstruction of access to connecting sewer on premises

(1)No person shall prevent or restrict access to any part of a connecting sewer on any premises.
(2)If a person contravenes subregulation (1), the Engineer may-
(a)by written notice require such person to restore access at such persons expense within a specified period; or
(b)if the Engineer is of the opinion that the situation is a matter of urgency, without prior notice restore such access and recover the cost from such person.
(3)A person who refuses or fails to comply with a notice of the Engineer in terms of subregulation (2)(a) shall be guilty of an offence.

55. Notices

Any notice required or permitted to be given by the Council in terms of these regulations shall be given in accordance with the provisions of section 93 of the Act.

56. Inspections

If an officer of the Council carries out an inspection at any premises in order to ascertain whether a contravention of these regulations of which the owner or occupier has previously been notified, has been remedied, the owner or occupier shall be liable for payment of a fee determined by the Council.

57. Penalties

Any person convicted of an offence under these regulations shall be liable to a fine not exceeding N$2 000 or to imprisonment for a period not exceeding 6 months.

58. Repeal of regulations

(1)Subject to subregulation (2), all regulations which immediately before the commencement of these regulations governed the rendering of sewerage and drainage services in the local authority area of a Council to which these regulations are applicable by virtue of the provisions of section 94(2)(b) of the Act, are hereby repealed.
(2)Notwithstanding the repeal of any regulations contemplated in subregulation (1), any tariff list or other provisions contained in such regulations prescribing charges, fees and other moneys payable in respect of the rendering of sewerage and drainage and other related services shall remain in force until repealed or replaced by charges fees and other moneys determined by the Council concerned under section 30(1)(u) of the Act.

ANNEXURE A (Regulation 30(2))

CLASSIFICATION OF BUILDINGS FOR OCCUPANCY

Table 1Table 2
Classification of buildings for occupancyDesign population
Class of occupancy or building occupancyClass of occupancy of room or storey or portion thereof population
A1 Entertainment and public assembly Occupancy where persons gather to eat, drink, dance or participate in other recreation.Number of fixed seats or 1 person per m2 if seats are not fixed
A2 Theatrical and indoor sport Occupancy where persons gather for the viewing of theatrical, operatic, orchestral, choral, cinematographical or sport performance.Number of fixed seats or 1 person per m2 if seats are not fixed
A3 Places of instruction Occupancy where school children, students or other persons assemble for the purpose of tuition or learning.1 person per 5m2
A4 Worship Occupancy where persons assemble for the purpose of worshippingNumber of fixed seats or 1 person per m2 if seats are not fixed
A5 Outdoor sport Occupancy where persons view outdoor sport events.Number of fixed seats or 1 person per m2 if seats are not fixed
B1, B2 and B3 Commercial service (High risk, medium risk and low risk) Occupancy where a non-industrial process is carried out.1 person per 15m2
C1 Exhibition hall Occupancy where goods are displayed primarily for viewing by public.1 person per 10m2
C2MuseumOccupancy comprising a museum, art gallery or library.1 person per 20m2
D1, D2 and D3 Industrial (High risk, medium risk and low risk) Occupancy where an industrial or manufacturing process is carried out.1 person per 15m2
D4Plant room Occupancy comprising usually unattended mechanical or electrical services necessary for the running of the building.None
E1Place of detentionOccupancy where people are detained for punitive or corrective reasons or because of their mental condition.2 persons per bedroom
E2 Hospital Occupancy where people are cared for or treated because of physical or mental disabilities and where they are generally bed-ridden.1 person per 10m2
E3 Other institutional (residential) Occupancy where groups of people who either are not fully fit, or who are restricted in their movements or their ability to make decisions, reside and are cared for2 persons per bedroom
F1 Large shop Occupancy where merchandise is displayed and offered for sale to the public and the floor area exceeds 250 square metres.1 person per 10m2
F2 Small shop Occupancy where merchandise is displayed and offered for sale to the public and the floor area does not exceed 250 square metres.1 person per 10m2
F3Wholesalers' store Occupancy where goods are displayed and stored and where only a limited selected group of persons is present at any one time.1 person per 10m2
G1Offices Occupancy comprising offices, banks, consulting rooms and other similar usage.1 person per 15m2
H1HotelOccupancy where persons rent furnished rooms, not being dwelling units.2 person per bedroom
H2Dormitory Occupancy where groups of people are accommodated in one room.1 person per 5m2
H3 Domestic residence Occupancy consisting of two or more dwelling units on a single site.2 persons per bedroom
H4 Dwelling houseOccupancy consisting of a dwelling unit on its own site, including a garage and other domestic outbuilding, if any.2 persons per bedroom
J1, J2 and J3 Storage (High risk, medium risk and low risk) Occupancy where material is stored.1 person per 50m2
J4 Parking garage Occupancy used for storing and parking of more than 10 motor vehicles1 person per 50m2
Provided that-
(a)in the case of any occupancy classified as Fl, where the total floor area is more than 500 square metres, that portion of the floor area in excess of 500 square metres shall, for the purposes of calculation of the population, be reduced by an amount of 20%.
(b)if the total floor area of any building is made up of more than one class of occupancy, the design population shall be calculated proportionally for each class of occupancy.

ANNEXURE B (Regulation 32(2)(c))

Sanitary fixtures and SABS specification

ItemSABS Standard specification
Acrylic sanitary warePart 1: BathsSABS 1402
Automatic shut-off flush valves for water closets and urinalsSABS 1240
Flushing devices for water closet flushing cisternsSABS 1509
Glazed ceramic sanitary wareSABS 497
Stainless steel sinks for institutional useSABS 907
Stainless steel sinks with draining boards (for domestic use)SABS 242
Stainless steel stall urinalsSABS 924
Stainless steel wash-hand basins and wash troughsSABS 906
Water closet flushing cisternsSABS 821
Provided that-
(a)Only water closet pans made of glazed ceramic, stainless steel or other approved material having in every case a glazing or smooth finish shall be approved by the Council.
(b)No trough closet pans will be allowed on any premises or in any buildings within the municipal area.
(c)Flushing cisterns or flushing valves for water closets, shall discharge-
(i)in the case of a single flush unit, not more than 6 litres of water during one complete flush; or
(ii)in the case of a dual flush unit, not more than 6 litres of water during one complete flush when the full-flush lever is actuated, and not more than 3litres of water during one complete flush when the low-flush lever is actuated;
(d)Flushing cisterns or flushing valves for urinals shall discharge at each flush not less than 1 litre or more than 2 litres of water for each urinal stalled or for every 600 mm of the width of the urinal.
(e)Automatic flushing valves and cisterns may only be installed if such valve or cistern is activated by the user of such a urinal.
(f)The flow through shower heads shall be restricted to a maximum of 10 litre per minute.

ANNEXURE C (Regulation 45(1)(b)(iv))

Prohibited substances

Sewage containing-
(a)any of the following substances, the concentration of which exceeds the limit specified in respect thereof:Electrical conductivity not greater than: 500 mS/m at 200C;Substances not in solution (including fat, oil, grease, waxes and like substances: 2 000 mg/1.Sulphides, hydro-sulphides and poly-sulphides (expressed asS): 50 mg/1.Substances from which hydrogen cyanide can be liberated in the drainage installation, public sewer or water care works (expressed as HCN): 20 mg/l.Sulphates (expressed as S04): 1800 mgf/l.Anionic surface active agents: 500 mg/l.Chromium (expressed as Cr): 20 mg/l.Cobalt (expressed as Co): 20 mg/l.Copper (expressed as Cu): 10 mg/l.Molybdenum (expressed as Mo): 2,5 mg/l.Nickel (expressed as Ni): 10 mg/l.Zinc (expressed as Zn): 10 mg/l.Arsenic (expressed as As): 2,5 mg/l.Lead (expressed as Pb): 2,5 mg/l.Selenium (expressed as Se): 2,5 mg/1.Mercury (expressed as Hg): 2,5 mg/l.
(b)Any radio-active wastes or isotopes: Such concentration as may be laid down by the Ministry of Health and Social Services.Notwithstanding the requirements set out in this annexure, the Council may limit the total mass of any substance or impurity discharged over a specified period into the sewers from any premises.Note: The methods used for ascertaining the value of various parameters listed in this Schetiule shall be the test methods normally used by the Council for the purpose, details of which shall be supplied on request to any person who discharges industrial effluent.

ANNEXURE D (Regulation 36(2))

Information to be furnished for installation of a sewage pump

[Editorial note: the forms have not been reproduced.]

ANNEXURE E (Regulation 42(2))

Form of application for permission to discharge industrial effluent into the Council's sewer

[Editorial note: the forms have not been reproduced.]
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History of this document

15 November 2017 this version
Consolidation
21 May 1996

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Legislation 2
1. Local Authorities Act, 1992 1308 citations
2. Immigration Control Act, 1993 241 citations

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