HomeMy WebLinkAboutOrd - 358 - Establishing Rules and Regulations for Water ServiceORDINANCE NO. 358
AN ORDINANCE OF THE EAST VALLEY WATER DISTRICT RESCINDING
ORDINANCE NO. 355 ENTITLED "AN ORDINANCE ESTABLISHING RULES AND
REGULATIONS FOR WATER SERVICE, ESTABLISHING A WATER
DEPARTMENT, PROVIDING FOR INSTALLATION AND CONNECTION TO
DISTRICT WATER MAINS, REGULATING CROSS CONNECTION CONTROL",
Be it ordained by the Board of Directors of the East Valley Water District, that
Ordinance No. 355 is amended as follows:
SECTION 1, INDEX
Section 1 Index
Page No.
1
Section 2 General Provisions 2
Section 3 Definitions
Section 4 Water Department
Section 5 General Rules
Section 6 Application for Water Service
Section 7 Temporary Service
Section 8 Fire Protection
Section 9 Cross Connection Control
4
7
9
15
20
21
24
Section 10 Customer Billing Procedures 32
Section 11 Complaints and Disputed Bills 34
Section 12 Disconnection for Nonpayment 36
Section 13 Adding Delinquent Charges to Tax Roll 37
Section 14 Charges and Deposits 38
Section 15 Water Conservation 42
Section 16 Effective Date 50
WtrOrd35812001
for any reason held to be unconstitutional or invalid by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance or the application of such provision to other persons or circumstances. The
governing body hereby declares that it would have passed this Ordinance or any
section, sub-section, sentence, clause or phrase hereof irrespective of the fact that one
or more sections, subsections, sentences, clauses or phrases be declared to be
unconstitutional.
2.07 Words and Phrases - For the purpose of this Ordinance all words used
herein in the present tense shall include the future; all words in the plural number shall
include the singular number; and all words in the singular number shall include the
plural number.
2.08 Posting - Upon adoption, this Ordinance shall be entered in the minutes
of the governing body and certified copies hereof shall be posted in three (3) public
places and/or published in a newspaper of general circulation in the District service
area within ten (10) days following its passage.
2.09 Means of Enforcement - The District hereby declares that the procedures
contained herein are established as a means of enforcement of the terms and
conditions of its ordinances, rules and regulations and not as a penalty.
2.10 Notices-Whenever a notice is required to be given under this
Ordinance, unless different provisions are specifically made herein, such notice may be
made either by personal delivery thereof to the person to be notified or by deposit in the
U.S. mail in a sealed envelope, postage prepaid, addressed to such person at his last
known business or residence address as the name appears in public records or other
records pertaining to the matter to which the notice is directed. Service by mail shall be
deemed to have been completed at the time of deposit in the post office.
Proof of giving any notice may be made by the certificate of any officer or
employee of the District or by affidavit of any person over the age of eighteen years,
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which shows service in conformity with the Ordinance or other provisions of law
applicable to the subject matter concerned.
2.11 Effect of Heading - The title, division or section headings contained in
this Ordinance shall not be deemed to govern, limit or modify in any manner the scope,
meaning or intent of any section or subsection of this Ordinance.
SECTION 3. DEFINITIONS
3.01 Applicant - The person making application hereunder who must be
either (a) the owner of the subject premises, (b) the agent or customer authorized in
writing to make application hereunder on behalf of the owner of the subject premises or,
c) a licensed plumber or contractor authorized in writing to make application hereunder
for the subject premises.
3.02 Approved Backflow Prevention Assembly - A device deterring the
reversal of flow of water or mixtures of water and other liquids, gasses, and/or other
substances into the distribution pipes of the District's potable supply of water through
any Cross-Connection. Said device must have been investigated and approved for use
as either an Air-gap separation, Double Check Valve Assembly, or Reduced Pressure
Principle Backflow Prevention Device by the Foundation for Cross-Connection Control
and Hydraulic Research of the University of Southern California, or by any other
laboratory having equivalent capabilities for both the laboratory evaluation and field
evaluation thereof.
3.03 Board - The Board of Directors of the East Valley Water District.
3.04 Commercial - Any service not covered by the residential description.
This shall include, but not be limited to, apartments, trailer parks, schools, dry cleaners,
laundries and businesses
3.05 Connection - The pipeline and appurtenant facilities such as the curb
stop, meter and meter box, all used to extend water service from the main to the
premises, the laying thereof and the tapping of the main. Where services are divided at
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the curb or property line to serve several customers, each such branch service shall be
deemed a separate service.
3.06 Cost The cost of labor, materials, transportation, supervision,
engineering, and all other necessary overhead expenses.
3.07 County - The County of San Bernardino, Califomia.
3.08 Cross Connection An unprotected actual or potential connection
between a potable water system used to supply water for drinking purposes and any
source or system containing unapproved water or a substance that is not or cannot be
approved a safe, wholesome and potable. By-pass arrangements, jumper connections,
removable sections, swivel or changeover devices, or other devices through which
backflow could occur, shall be considered to be cross-connections.
3.09 Customer - Any person (as defined) supplied or entitled to be supplied
with water service by the District.
3.10 Customer's Service Valve - A valve independent of the District's
facilities located in the customer's piping as close to the meter as practicable, the
operation of which will control the entire water supply from the meter.
3.11 District The East Valley Water District, San Bernardino County,
California.
3.12 District Engineer
California.
A Registered Civil Engineer of the State of
3.13 Engineering Services - The engineering services provided by the
District to include technical and procedural guidance, professional consultant services,
project coordination and plan checking.
3.14 Financial Officer - The Treasurer appointed by the Board of Directors.
3.15 Fire Hydrant - Short Side: The case where the water main and the
hydrant are on the same side of the street's centerline. Long Side: The case where
the water main and the hydrant are on the opposite sides of the street's centerline.
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4.02 General Manager - The General Manager, as provided for in the Water
Code Section 30580, shall have full charge and control of the maintenance, operation
and construction of the water works and water distribution system of the District.
4.03 District Engineer - The position of District Engineer is hereby created.
The District Engineer shall regularly inspect all physical facilities related to the District
water system, to see that they are in good repair and proper working order, and to note
and report violations of any ordinances or water regulations.
4.04 Violation, Repairs - The District Engineer shall promptly report any
violation or disrepair to the General Manager. If the work required is in the nature of an
emergency, he/she shall take whatever steps necessary to maintain service to the
consumers pending action by the General Manager.
4.05 Supervision The District Engineer shall supervise all repair or
construction work authorized by the Board or General Manager and perform any other
duties prescribed by the Board or General Manager.
4.06 Performance of Duties - The foregoing duties of the District Engineer
may be performed by the General Manager or by an additional employee or employees
as designated by the District Engineer and/or General Manager.
4.07 The Financial Officer - The Financial Officer shall install and maintain a
system of auditing and accounting that shall completely and at all times show the
financial condition of the District. Furthermore the Financial Officer shall compute,
prepare and mail bills as hereinafter prescribed, make and deposit collections, maintain
proper books of account, collect, account for, refund deposits, and do whatever else is
necessary or directed by the General Manager to set up and maintain an efficient and
economical accounting system and perform any other duties now and hereafter
prescribed by the Board of Directors.
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hold the customer liable for any damage to its property occasioned by such ground wire
attachments.
5.19 Control Valve on Customer Property - The customer shall provide a
valve on his/her side of the service installation as close to the meter location as
practicable to control the flow of water to the piping on his/her premises. The customer
shall not use the service curb stop to turn water on and off for his/her convenience.
5.20 Unsafe Apparatus - Water service may be refused or discontinued to
any premises where apparatus or appliances are in use which might endanger or
disturb the service to other customers.
5.21 Cross Connections - Water service may be refused or discontinued to
any premises where there exists a cross connection as defined in Section 9 of this
Ordinance.
5.22 Fraud or Abuse - Service may be discontinued, if necessary, to protect
the District against fraud or abuse.
5.23 Interruption in Service - The District shall not be liable for damage which
may result from an interruption in service from a cause beyond the control of the Water
Department.
5.24 Ingress and Egress All duly authorized employees, agents, and
representatives of the District shall have the right of ingress and egress to the
customer's premises at reasonable hours for any purpose reasonably connected with
the furnishing of water service.
5.25 Installation of Services - Only duly authorized employees, agents, and
representatives of the District shall install service connections to the District's water
system. All service connections shall comply with the specifications of the District.
Meters will be installed in the public right of way, or within an acceptable easement, and
shall be owned by the District. No rent or other charge will be paid by the District for a
meter or other facilities, including connections. All meters will be sealed by the District
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6.03 Payment of Delinquent Charges - As a precondition to receiving water
service from the District, the applicant for service shall pay any and all unpaid charges
that have accrued on any closed accounts previously held by the applicant with the
District as well as pay any and all delinquent charges that have accrued on any open
accounts currently held by the applicant with the District.
6.04 Security Deposit - A security deposit for each single family residential
unit, commercial or retail unit, or multi-unit complex shall be deposited at the time
application for water service is made. The District may, at its sole election, include the
required security deposit on the customer's first billing invoice.
6.04.01 Single Family Residential - A security deposit for a single
family residential unit may not be required if the person requesting service is a new
residential applicant who is determined by the District to be creditworthy.The
determination of an applicant's creditworthiness shall be based solely upon criteria
developed by the District and may be appealed in the manner set forth in Section 11
herein. However, during the life of the account, the District may, in its sole discretion,
require any customer, regardless of whether he or she was previously found to be
creditworthy, to post a full security deposit with the District any time there are three (3)
delinquencies within any consecutive six (6) month period, or as a precondition to
reinstatement of service anytime after being locked off for nonpayment.
6.04.02 Security Deposit Refund - Refunds of security deposits will be
performed in the manner set forth below. Such refunds will be credited to any account
held by the customer with the District in lieu of a refund check. Interest on the security
deposits shall remain the sole property of the District and will not be included in any
refund.
6.04.02.01 Single Family Residential - The District shall refund
each security deposit to a residential customer as follows:
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a. Where funds have been on deposit for one year in a customer's
account and there have been no delinquency payments on any of the customer's
accounts with the District during that year. However, the District may, at its sole option,
require any customer to post a full security deposit with the District any time there are
three (3) delinquencies within any consecutive six (6) month period, or as a
precondition to reinstatement of service anytime after being locked off for nonpayment.
b. Within thirty (30) days after the applicant provides written notice
to terminate water services, or when a new property owner tenders a full deposit for the
same property, in which case the refunded deposit shall first be applied toward the
unpaid balances in any account held by the customer with the District before the
remaining sum, if any, is refunded to the customer.
6.04.02.02 Commercial, Retail or Industrial - The District shall
refund the security deposit for commercial, retail or industrial connections as follows:
a. Where funds have been on deposit for one year in a customer's
account and there has been no delinquency payment on any of the customer's
accounts with the District during that year and upon the customer's request, one-half of
the deposit will be refunded to the customer by means of a credit on the account.
However, if the customer is delinquent on any payment thereafter, the District may, at
its sole option, charge back the credited amount.
b. Within thirty (30) days after the applicant provides written notice
to terminate water services, or when a new property owner tenders a full deposit for the
same property, in which case the refunded deposit shall first be applied toward the
unpaid balances in any account held by the customer with the District before the
remaining sum is refunded to the customer.
6.05 Change in Customer's Equipment - Customers who make any material
change in the size, character of, extent of the equipment or operations utilizing water
service, or whose change in operations results in a significant increase in the use of
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6.10.06 Connections - The applicant shall, at his cost, provide all
connections to buildings and private water systems, as herein provided.
SECTION 7. TEMPORARY SERVICE
7.01 Duration of Service - Temporary service connections shall be
disconnected and terminated within six months after installation unless an extension of
time is granted in writing by the General Manager, Financial Officer, or District
Engineer.
7.02 Security Deposit - The applicant shall deposit, in advance, the estimated
cost of the temporary service. Upon discontinuance of service, the actual cost shall be
determined and an adjustment made as an additional charge, refund or credit.
7.03 Installation and Operation - All facilities for the temporary service to the
customer shall be made and operated in accordance with District instructions. The
District may, at its discretion, restrict or terminate the service at any time.
7.04 Responsibility for Meters and Installations - The customer shall use
all possible care to prevent damage to the meter, or to any other loaned facilities of the
District,which are involved in furnishing the temporary service from the time they are
installed until they are removed. If the meter or other facilities are damaged, the cost of
making repairs shall be paid by the customer. The customer shall give notice to the
District in writing at least forty eight (48) hours prior to the time the customer or other
person is through with the meter, or meters,and the installation.
7.05 Supply from Fire Hydrant - An applicant for temporary use of water
from a fire hydrant must apply for a temporary water service and pay a hydrant meter
deposit. The applicant shall also pay for water used in accordance with the meter
readings, at the rates prescribed by the Board.
7.06 Unauthorized Use of Hydrants - Tampering with any fire hydrant for the
unauthorized use of water therefrom or for any other purpose is subject to a fine, per
occurrence, as may be set by the Board.
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SECTION 9. CROSS CONNECTION CONTROL
9.01 Purpose - The purpose and intent of this Section:
a. To comply with the requirements imposed upon the District pursuant to
Sections 7583-7605 of the California Code of Regulations ("Title 17") and all other
applicable regulations regarding Cross-Connection Control.
b. To protect the public potable water supply of this District from the
possibility of contamination or pollution by isolating within the customer's internal
distribution system(s), or the customer's private water system(s), such contaminants or
pollutants which could backflow into the District's public water system(s); and
c. To promote the elimination or control of existing cross-connections,
actual or potential, between the customer's potable water system(s) and non-potable
water system(s), plumbing fixtures and industrial systems; and
d. To provide for the maintenance of a continuing Cross-Connection
Control Program which will systematically and effectively minimize the potential for
contamination or pollution of the potable water system.
9.02 Application-The provisions of Title 17 and all other regulations
regarding Cross-Connections that are adopted by the State of California Department of
Health Services pursuant to California Water Code Sections 100205, 100275, and
116375(c), all as the same may be amended from time to time, are hereby adopted by
the District, incorporated herein by this reference, and made a part hereof as though set
forth in full.
9.03 Definitions - In addition to the definitions in Title 17, the following terms
are defined for the purpose of this chapter:
9.03.01 Approved Water Supply - The term "Approved Water Supply"
shall mean a water supply whose potability is regulated by the Department of Health
Services.
9.03.02 Auxiliary Water Supply - Any water supply, other than the
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unit shall include properly located resilient seated test cocks and tightly closing resilient
seated shutoff valves at each end of the assembly.
c. Double Check Valve Backflow Prevention (DC) Assembly - The
term "DC Assembly" shall mean an assembly composed of two independently acting
approved check valves including tightly closing resilient seated shutoff valves attached
at each end of the assembly and fitted with properly located resilient seated test cocks.
9.03.08 Contamination - The term "contamination" shall mean an
Impairment of the quality of the water which creates an actual hazard to the public
health through poisoning or through the spread of disease by bacteria, virus, sewage,
industrial fluids, or other toxic substances.
9.03.09 Cross-Connections, Controlled - A connection between a
potable and non-potable water system with an approved backflow prevention assembly
properly installed and maintained so that it will continuously afford the proper
protection.
9.03.10 Cross-Connection Control by Containment - The term
cross-connection control by containment (service protection)" shall mean the
appropriate type or method of backflow protection at the service connection.
9.03.11 Degree of Hazard - The term "degree of hazard" shall
mean either a contamination (health), plumbing, pollutional (non-health) or system
hazard. Listed in order of severity, each is defined as follows:
a. Health Hazard - The term "health hazard" shall mean an actual or
potential threat of contamination of a physical or toxic nature to the District's water
system or the consumer's potable water system that would be a danger to health.
b. Plumbing Hazard - The term "plumbing hazard" shall mean an
internal or plumbing type cross-connection in a consumer's potable water system that
may be either a pollutional or contamination type hazard. This includes, but is not
limited to, cross-connections to toilets, sinks, lavatories, wash basins, swimming pool
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9.03.16 Water, Potable - The term "potable water" shall mean any
public/private water supply that has been investigated and approved for human
consumption.
9.03.17 Water, Non-Potable - The term "non potable water" shall
mean a water supply that has not been approved for human consumption.
9.03.18 Water, Used - The term "used water" shall mean any water
supplied by the District from a public potable water system to a customer's water
system after it has passed through the service connection and is no longer under the
control of the District.
9.04 Determination.The District shall conduct surveys to identify Water
User Premises where Cross-Connections are likely to occur and evaluate the degree to
potential health hazard to the Water which may be created as a result of conditions
existing on a Water User's Premises. At a minimum, the evaluation shall consider the
factors identified in Section 7585 of the California Code of Regulations. However,
notwithstanding anything herein to the contrary, the District shall not be legally
responsible for the abatement of any Cross-Connection which may be found to exist
within a Water User's Premises.
9.05 Notice.Upon determination by the District that a Cross-Connection
exists within the scope of this Section, the District shall give written notice to the
affected Customer to install an Approved Backflow Prevention Assembly of a type and
quality, and at a specific location, deemed appropriate by the District. The Customer
shall immediately cause such device to be installed at his or her expense, and in the
manner prescribed by the District, which thirty (30) days of the issuance of said notice.
9.06 Installation. The location of any Approved Backflow Prevention
Assembly installed pursuant to this Section shall be at the Customer's point of
connection to the district's Water, or within the Customer's Premises, or both, as
determined by the District in the exercise of its discretion. If an approved Backflow
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Prevention Assembly is required on the Customer's connection to the District's Water, it
shall be located at or near the property line of the Premises or immediately outside the
building being served, but, in all cases, at a place deemed acceptable to the District
that is before the first branch line leading off the service line.
9.06.01 Typical Installations . Conditions where an approved backflow
prevention assembly is required on each service connection shall include, but not be
limited to, the following:
a. In the case of any property having an auxiliary water supply,or one that
is being fed by another outside water source, the public water system shall be protected
against backflow from the premises by installing an approved Air Gap or RPP device,
b. In the case of any property on which toxic chemicals, pollutants,
industrial fluids, or any other objectionable substances are handled, or stored, in such a
fashion as to create an actual or potential hazard to the District's system, the public
water system shall be protected against backflow from the premises by installing an
approved Air Gap or RPP device.
b. In the case of any property having internal cross-connections that can-
not be permanently corrected or protected against, or intricate plumbing and piping
arrangements or where entry to all portions of the premises is not readily accessible for
inspection purposes, making it impracticable or impossible to ascertain whether or not
dangerous cross-connections exist. The public water system shall be protected against
backflow from the property by installing an approved RPP device.
c, In the case of any property being served by two or more water
services, water and fire services, water and irrigation services, or any combination
thereof, the public water system shall be protected against backflow from the premises
by installing an approved RPP device on each service connection.
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replacement to ensure proper operation of the Approved Backflow Prevention
Assembly. All costs associated with the inspection, testing, repair, and maintenance of
Approved Backflow Prevention Assemblies shall be borne by the Customer. The
results of each test and records of all inspection, replacement, and repairs performed
on an Approved Backflow Prevention Assembly by the Customer shall be maintained by
the Customer and reported to the District in a manner deemed acceptable to the
District,
9.08 Enforcement. The District may discontinue or refuse to supply water and/
or sewer service to any Premises that is not in strict compliance with the terms of this
Section, or if it is found that an Approved Backflow Prevention Device has been
removed or bypassed, or if unprotected Cross-Connections otherwise exist on the
Premises,The District may also disconnect water and/or sewer service to any
Premises if the health and safety of any Person is immediately threatened by a Cross-
Connection. The District may refuse to restore such service to the Premises until the
Cross-Connection is remedied and an Approved Backflow Prevention Device is
installed and operated in accordance with the Section.
9.09 Administration. The District shall appoint at least one (1) person trained in
Cross-connection control to administer the provisions of this section.
SECTION 10. CUSTOMER BILLING PROCEDURES
10.01 Establish Rates and Charges - The Board of Directors shall from time
to time establish rates and charges for water and other service provided by the East
Valley Water District,
10.02 Charges - Water charges shall begin when a water service connection is
installed and the meter is set or an existing service is requested to be turned on, unless
the water is otherwise ordered to be left shut off when the service connection is ordered
or installed. Thereafter, the District may transfer to the account, which is established for
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14.08 Inspection Charge - Where a customer service connection or facility
requires inspection by District personnel, the customer shall be charged for such
inspection.
14.09 Meter Test Charge - The meter test charge is the charge which covers
the District costs for removing, bench testing, and reinstalling the water meter to be
tested.
14.10 Security Deposit - The Security deposit iinsures payment of minimum
District charges. Upon discontinuance of service the security deposit shall be applied to
reduce any outstanding charges on any accounts held by the customer with the District.
The amount of deposit shall be established by the Board of Directors in the resolution
on fees. The security deposit shall be refunded to the customer as provided in Section
6.04.02 herein.
14.11 Special Facility Charge - A special facility charge shall be for the
development of a limited service area whenever special facilities including, but not
limited to, booster stations, hydropneumatic stations and pressure regulators are
required. The charge to be made to a developer or owner of land that is considered by
the District to be within a limited service area shall be based upon the developer's or
landowner's proportionate share of the cost of the installation of such special facility.
Such proportionate share to be borne by the developer or landowner shall be based on
the percentage of such development to the entire limited service area to be served by
the special facilities and the difference between the cost of facilities to serve the same
number of acres or area under normal conditions and the cost of facilities to serve the
acreage or area under special conditions at a higher cost.
14.12 System Charge - The system charge is the monthly availability charge
applicable to all metered services.
14.13 Unauthorized Use of Water Charge - The unauthorized use of water
charge shall be charged to any person, organization or agency for each unauthorized
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use of District water, or for tampering in any manner with any meter belonging to the
District, in which tampering shall affect the accuracy of such meter.Where the
unauthorized use of water or tampering results in the District's action to remove the
meter, there shall be a charge for the removal and re-installation.
14.14 Front Footage Charge - The front footage charge is a one-time
reimbursement to the District for previously constructed water mains adjacent to all
sides of an unimproved property to be served.
14.15 Water Main Extension Charge - The water main extension charge is
for the construction of a water main extending to the far side of the property to be
served. This charge shall be based on the prevailing rates of time and material per
District approved plans. The customer shall be responsible to provide the plans and for
all applicable Engineering Services charges described in Section 14.18.
14.16 Water Service Connection Charge - The water service connection
charge is the charge for the type and size of water service connection desired. Such
regular charge shall be paid in advance by the applicant. The water service connection
charge shall consist of an installation charge and a capacity charge. Where there is no
regular charge, the District reserves the right to require the applicant to deposit an
amount equal to the estimated cost of such service connection.
14.16.01 Installation Charge - The installation charge shall represent
the District's cost to furnish and install the specified service.
14.16.02 Capacity Charge - The capacity charge is a fee for that
incremental portion of the entire water system and District facilities that will be used by
a new service.
14.17 Water System Design Charge - A non-refundable water system design
charge shall be required for all main extensions, service connection and/or special
facilities requiring the preparation of engineering plans and drawings.
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14.18 Engineering Services Charge - The Engineering Services charge is a
fee for the District's time and effort spent on assisting customers who have a
requirement to construct water main extensions, or other water facilities, that must meet
District needs and conform to District standards. This fee includes time and effort the
District spends on plan checking, plan and easement development, and all other related
work.
Prior to submission of any documents requiring work by the district, a non-
refundable minimum charge in the amount of 7.5% of the engineer's estimated cost for
the project shall be submitted to the district. The work will be accomplished on a time
and effort basis. Should the District use more funds than the original charge, the
additional billed costs must be paid prior to allowing water service to the project.
14.19 Construction Water Charge - The construction water charge is a
temporary flat rate water charge. It is only available during the construction phase of a
new building for services 1" in diameter or less. It is available for a period not exceeding
six months.
14.20 Fire Flow Test Charge - The fire flow test charge is a flat rate to cover
the District's time and effort for testing parts of the water system to obtain fire flow test
data and calculate results as requested.
14.21 Valve Deposit - The valve deposit is a refundable charge that is used to
insure all valve cans and caps are constructed to final grade before a water system
construction project is complete. The District will accept a guarantee bond in lieu of a
cash deposit. The fee will be returned or the bond released when valve cans and caps
are constructed to final grade by the developer's contractor and verified by the District.
14.22 Service Initiation Charge - The service initiation charge is a non
refundable charge which covers the reasonable District costs for initiating water service.
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14.23 Returned Check Charge - A returned check charge is a charge which
covers the reasonable administrative cost and banking charges for processing a
returned check.
14.24 Temporary Service Charge. A temporary service is available through
the use of a fire hydrant. A customer deposit for the temporary service will be required.
All other applicable service charges shall apply.
SECTION 15 WATER CONSERVATION
15.01 Waste or Nuisance Water and Other Substances -It is unlawful for
any person, firm or corporation to deposit, drain, wash, or allow to run or divert water,
mud or sand into, or upon, any public road, highway, street, alley, drainage ditch, storm
drain, flood control channel owned or controlled by any public agency within the District.
When a written application is filed with the District, and approved by the General
Manager, a permit may be granted with terms and conditions and applicable fees as it
may deem appropriate to impose to such person. For purposes of enforcement of this
section, the owner of the meter, or property, which is the source of the "waste or
nuisance water and other substances" as defined herein will be considered the
responsible party. Any violations cited hereunder, and defined as being detrimental to
public health, safety or welfare, will be borne by the responsible party.
15.02 Conservation Measures. Stage No.1 Normal Conditions: Voluntary
Conservation Measures - Normal conditions shall be in effect when the District is
able to meet all the water demands of its customers in the immediate future. During
normal conditions all water users should continue to use water wisely, to prevent the
waste or unreasonable use of water, and to reduce water consumption to that
necessary for ordinary domestic and commercial purposes.
15.03 Stage No.2 - Threatened Water Supply Shortage - In the event of a
threatened water supply shortage which could affect the District's ability to provide
water for ordinary domestic and commercial uses, the Board of Directors shall hold a
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public hearing at which consumers of the water supply shall have the opportunity to
protest and to present their respective needs to the District. The Board may then, by
resolution, declare a water shortage condition to prevail, and the following conservation
measures shall be in effect:
15.03.01 Exterior Landscape Plans - Exterior landscape plans for all
new commercial and industrial development shall provide for timed irrigation and shall
consider the use of drought resistance varieties of flora. Such plans shall be presented
to and approved by the District prior to issuance of a water service letter.
15.03.02 Excessive Irrigation and Related Waste - No customer of the
District or other person acting on behalf of or under the direction of a customer shall
cause or permit the use of water for irrigation of landscaping or other outdoor
vegetation, plantings, lawns or other growth, to exceed the amount required to provide
reasonable irrigation of same, and shall not cause or permit any unreasonable or
excessive waste of water from said irrigation activities or from watering devices or
systems. The free flow of water away from an irrigated site shall be presumptively
considered excessive irrigation and waste as defined in Section 3 herein.
15.03.03 Agricultural Irrigation - Persons receiving water from the
District who are engaged in commercial agricultural practices, whether for the purpose
of crop production or growing of ornamental plants shall provide, maintain and use
irrigation equipment and practices which are the most efficient possible. Upon the
request of the General Manager, these persons may be required to prepare a plan
describing their irrigation practices and equipment, including but not limited to, an
estimate of the efficiency of the use of water on their properties.
15.03.04 Commercial Facilities - Commercial and industrial facilities
shall, upon request of the General Manager,provide the District with a plan to
conserve water at their facilities. The District will provide these facilities with information
regarding the average monthly water use by the facility for the last two year period. The
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15.03.10 Drinking Water Provided by Restaurants - Restaurants are
requested not to provide drinking water to patrons except by request.
15.04 Stage No.3- Water Shortage Emergency:Mandatory Conservation
Measures - In the event of a water shortage emergency in which the District may be
prevented from meeting the water demands of its customers, the Board of Directors
shall, if possible, given the time and circumstances, immediately hold a public hearing
at which customers of the District shall have the opportunity to protest and to present
their respective needs to the Board. No public hearing shall be required in the event of
a breakage or failure of a pump, pipeline, or conduit causing an immediate emergency.
The General Manager is empowered to declare a water shortage emergency, subject to
the ratification of the Board of Directors within 72 hours of such declaration, and the
following rules and regulations shall be in effect immediately following such
declarations:
15.04.01 Prohibition - Watering of parks, school grounds, golf courses,
lawn water, landscape irrigation, washing down of driveways, parking lots or other
impervious surfaces, washing of vehicles, except when done by commercial car wash
establishments using only recycled or reclaimed water, filling or adding water to
swimming pools, wading pools, spas, ornamental ponds, fountains and artificial lakes
are prohibited.
15.04.02 Restaurants - Restaurants shall not serve drinking water to
patrons except by request.
15.04.03 Construction Meters - No new construction meter permits
shall be issued by the District. All existing construction meters shall be removed and/or
locked.
15.04.04 Commercial Nurseries and Livestock - Commercial
nurseries shall discontinue all watering and irrigation. Watering of livestock is permitted
as necessary.
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