To be the most focused facilitator of equitable and sustainable development and provider of local quality services in the country.
THE MUNICIPAL COUNCIL OF MAVOKO
WASTE WATER (CONSERVANCY)
BY-LAWS 2009
BY-LAWS 2008
IN EXERCISE of the powers conferred by section 201 of the Local Government Act, the Municipal Council of Mavoko hereby makes the following By-laws;-
THE MUNICIPAL COUNCIL OF MAVOKO WASTE WATER (CONSERVANCY)
BY-LAWS, 2009
PART 1
INTRODUCTORY
Citation 1. These By-laws may be cited as the Municipal Council of Mavoko Waste Water (Conservancy) By-laws, 2009 and shall apply to the Municipal Council of Mavoko Area.
Interpretation 2. In these By-laws, except where the context otherwise requires -
“council” means the Municipal Council of Mavoko;
“dwelling” means a building designed or used for the purpose of human habitation but does not include an hotel as defined in the control of Hotels Act.
“medical officer of health” or public health officer” means the person for the time being holding the office of Medical Officer of Health to the Council and includes his Deputy.
275 “waste water” means any water which passes from any premises into a tank, pit, drain or sewer from any closet, bath or wash basin situate or appendage to such premises.
“company” means the service provider authorized by the Water Services Board in accordance with the Water Act.
“polluter pays principle” means the partial compensation for the
treatment of polluting waste discharged into the sewers of receiving waste water management authority as provided for in the Water Act 2002, Environmental Management and Coordination Act or any discharge regulation in force.
Sewerage 3. The occupier of any premises which are connected to the
charges Company’s sewerage system shall pay to the Company in respect use such system a fee of Kshs14.20 per litre a month a maximum thousand litres of water consumed on those premises with a minimum fee of 89.50 per month.
Non-domestic 4. The occupier of any premises other than dwelling from which
waste water waste water passes into a waste water pit or conservancy tank
pits and shall pay to the company in advance a minimum fee of Kshs
conservancy 3,000/- in respect of each attendance at the premises by the
tanks. Company’s exhauster vehicle for the purpose of emptying such pit.
Domestic 5. The occupier of any dwelling from which waste water passes to a waste water waste water pit or conservancy tank shall pay to the Company
pits and a fee of Kshs. 3000/- per month for a regular service of emptying conservancy tank the same.
Septic 6. The occupier of any premise from which waste water passes to
tanks a septic tank shall pay to the Company in advance a minimum fee of Kshs 3000/- for each attendance at those premises by the Company’s exhauster vehicles for the purpose of emptying such tank.
Domestic 7. The occupier of any dwelling from which waste water passes to
non-regular a waste water pit who has not agreed to accept the regular service
Waste water pit of emptying the same mentioned in By-law 5 of these By-laws emptying shall pay to the company in advance a fee of Kshs 3000/- in
respect of each attendance at the premises by the Company’s exhauster vehicle for the purpose of emptying such pit.
unoccupied 8. Where premises have remained unoccupied for a period of not less
premises than 30 days, the company may, on receipt of a written application on that behalf by the occupier thereof, make a refund or allowance in respect of any fees which may have accrued under this part of these By-laws during such period and where there is an existing agreement.
Private 9. The Council in collaboration with the company from time to time
exhauster may license private exhauster services to supplement the company to meet the demand. Where that has happened, the exhauster operators shall be required to discharge the waste water into designated points of the sewer net work as prescribed by the company. Such licensee will be required to pay the company charges as per the approved schedules. All waste water being discharged into the net work shall comply with the company’s discharge guidelines. Otherwise polluters pays principle (3ps) shall apply.
Recovery of 10. (1) The fees specified in this part of these By-laws may be recovered
fees by the company from the occupier of the premises concerned in any court of competent jurisdiction.
(2) In any action for recovery of fees under this part of these By – laws it shall not be necessary to prove that services were actually
rendered by the company.
11. In any action for recovery of fees under this part of these By-laws it shall not be necessary to prove that services were actually
rendered by the company.
Occupier 12. For the purpose of this part of these By-laws the person, if any, who has entered into an agreement to pay a water supply to premises from the company shall be deemed to be the occupier of such premises.
PART II
MISCELLANEOUS
Service of 13. Any notice required to be served on any person under By-law 3
notice of these by-laws shall be served by delivering it to that person.
Penalties 14. Any person who is guilty of an offence under these By-laws shall
be liable to a fine not exceeding Kshs. 50,000/- or in default of payment of a fine, to imprisonment for a term not exceeding three
months.
Made this ………………………………day of ………………………………… 2009
By order of the Municipal Council of Mavoko.
WISDOM K. MWAMBURI
TOWN CLERK
Approved this day of 2009
HON. MUSALIA MUDAVADI
DEPUTY PRIME MINISTER &MINISTER FOR LOCAL GOVERNMENT