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Ordinance No. 517-09 - Superseded ORDINANCE NO. 517-09 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING AND SUPERSEDING THE CURRENT ADMINISTRATION, WATER, SEWER, STREET LIGHTING,AND GROUNDWATER MANAGEMENT PLAN ORDINANCES AND ADOPTING THE REVISED COMPREHENSIVE ADMINISTRATIVE CODE BE IT ENACTED by the Board of Directors of the South Tahoe Public Utility District, County of El Dorado, State of California, as follows: SECTION 1 —POLICY AND PURPOSE The purpose of this Ordinance is to adopt the updated and revised South Tahoe Public Utility District Administrative Code. The May 7, 2009, version of this Administrative Code is attached to this Ordinance. SECTION II—DEFINITIONS For the purposes of this Ordinance, the terms used herein are defined as follows: A. The District—The South Tahoe Public Utility District. B. The Board—The Board of Directors of the South Tahoe Public Utility District. C. Administrative Code—The compilation and codification of all of the Administrative, Water, Sewer, Street Lighting and Groundwater Management Plan Ordinances of the District, which establish the authority and the principles for the decisions of the District, and provide the public with guidelines applicable to District operations. SECTION III— FINDINGS The Board of Directors of the South Tahoe Public Utility District, County of El Dorado, State of California, make the following findings: 1. The District maintains an Administrative Code as its compilation and codification of all of its adopted Administration, Water, Sewer, Street Lighting and Groundwater Management Plan Ordinances. 2. From time to time, the Administrative Code must be cleaned up, as references within the Code become obsolete. 3. The Administrative Code was last the subject of such a clean up when the Board, on November 18, 1999, passed Ordinance No. 474-99. 4. The District proposes to amend and supersede the current Administration, Water, Sewer, Street Lighting, and Groundwater Management Plan ordinances and replace them with the revised comprehensive Administrative Code attached hereto, in order to keep the Code's references current and otherwise accomplish necessary clean up. 5. The Board has determined that it is in the best interest of the health and safety of District residents to adopt this ordinance to amend and supersede the current Administration, Water, Sewer, Street Lighting, and Groundwater Management Plan ordinances and replace them with the revised comprehensive Administrative Code attached hereto. SECTION IV—AMENDMENT AND SUPERSESSION OF CURRENT ADMINISTRATION,WATER, SEWER, STREET LIGHTING,AND GROUNDWATER MANAGEMENT PLAN ORDINANCES AND ADOPTION OF REVISED COMPREHENSIVE ADMINISTRATIVE CODE The current Administration, Water, Sewer, Street Lighting, and Groundwater Management Plan ordinances are amended and superseded as shown in the revised comprehensive Administrative Code attached hereto. SECTION V—SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance and its implementing rules and regulations is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or the Administrative Code. The Board of Directors declares and determines that it would have passed section, subsection, subdivision, paragraph, sentence, clause or phrase thereof of this Ordinance and its implementing rules and regulations and the Administrative Code irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be determined to be unconstitutional or invalid. Ordinance No. 517-09 Revised Administrative Code Page 2 SECTION VI— EFFECTIVE DATE This Ordinance and the revised comprehensive Administrative Code attached hereto shall take effect thirty days after its passage. PASSED AND ADOPTED the Board of Directors of the South Tahoe Public I Utility District at its duly held regular meeting on the 7th day of May, 2009,by the following vote: AYES: Directors Mosbacher, Rise, Claudio, Jones, Schafer NOES: None ABSENT: None >4-0C1 Mary u M sbacher, President South Tahoe Public Utility District 410 ATTEST: Kathy Sharp erk of the B%and Ordinance No. 517-09 r' Revised Administrative Code Page 3 SOUTH TAHOE PUBLIC UTILITY DISTRICT ADMINISTRATIVE CODE sooTH TANo, •19 50•Wse A Codification of the Administration, Water, Sewer, Street Lighting and Groundwater Management Plan Ordinances of the South Tahoe Public Utility District. TABLE OF CONTENTS SECTION 1 DEFINITIONS 1 - 1 SECTION 2 ADMINISTRATION 2 - 0 Section 2.1 Elections 2 - 1 Section 2.2 Time, Place, and Rules for Regular and Special Meetings 2 - 1 Section 2.3 Duties and Compensation of General Manager 2 - 1 Section 2.4 Duties and Compensation of Clerk 2 - 1 Section 2.5 Duties of Treasurer Performed by County Treasurer 2 - 2 Section 2.6 Determination of Lowest Responsive, Responsible Bidder 2 - 2 Section 2.7 Regulation of Annexation of Territory 2 - 2 Section 2.8 Helping Hands Outreach(H2O) Program 2 - 5 Section 2.9 Claims 2 - 5 Section 2.10 Identity Theft Prevention Program SECTION 3 WATER 3 - 1 Section 3.1 Water Service, Water Rates, Operations and Enforcement 3 - 4 Section 3.2 District's Duty Maintain and Repair Its Waterlines 3 - 18 Section 3.3 Cross Connection Control 3 - 19 Section 3.4 Water Shortage and Drought Response Standards 3 - 23 Section 3.5 Declining Groundwater Levels 3 - 27 Section 3.6 Methyl Tertiary Butyl Ether(MTBE) Contamination Fund 3 - 34 SECTION 4 SEWER 4 - 1 Section 4.1 General Provisions 4 - 4 Section 4.2 Sewer Permits 4 - 4 Section 4.3 Public Sewer Specifications 4 - 6 Section 4.4 Public Sewer Construction 4 - 9 Section 4.5 Sewer Fees, Rates and Schedules 4 - 11 Section 4.6 Use of Public Sewers 4 - 15 Section 4.7 Maintenance and Repair of Sewers 4 - 19 Section 4.8 Sewer Capacity 4 - 20 SECTION 5 STREET LIGHTING 5 - 1 Section 5.1 General Provisions 5 - 2 SECTION 6 BILLINGS, PAYMENTS, COLLECTION AND ENFORCEMENT 6 - 1 Section 6.1 Billing for Water, Sewer, Special, and Street lighting Rates and Charges 6 - 3 Section 6.2 Payment of Water, Sewer and Street Lighting Rates and Charges 6 - 4 Section 6.3 Penalties and Interest, Disconnection and Reconnect Charges on Delinquent Water, Sewer and Street Lighting Rates and Charges 6 - 5 SECTION 6 BILLINGS, PAYMENTS,COLLECTION AND ENFORCEMENT CON'T Section 6.4 Collection and Enforcement of Water, Sewer, Special, Street Lighting, Rates and Charges 6 - 6 Section 6.5 Violations and Enforcement 6 - 8 Section 6.6 Disconnection Procedures 6- 11 Section 6.7 Appeals 6 -13 SECTION 7 GROUNDWATER MANAGEMENT PLAN 7 - 1 Section 7.1 Plan Authorization 7 - 2 Section 7.2 Definitions 7 - 3 Section 7.3 Plan Area 7- 8 Section 7.4 Stakeholder Advisory Group 7-11 Section 7.5 Public Education and Community Relations 7- 11 Section 7.6 Condition of Groundwater Basin 7- 12 Section 7.7 Studies, Investigations and Annual Report 7- 16 Section 7.8 Establishment of Wellhead Protection Areas 7- 17 Section 7.9 Groundwater Monitoring 7 -18 Section 7.10 Response to Contamination 7 -22 Section 7.11 Enforcement 7- 26 Section 7.12 Cost of Implementing Plan 7- 29 Section 7.13 Amendment/Termination 7- 29 SECTION 1 DEFINITIONS Definitions: Unless the context requires otherwise, the following terms shall have the following meanings when used in this Code: 1.1.1 "Abandoned Well" shall mean a well that has not been used for one year,unless the owner demonstrates an intention to use the well again in accordance with the provisions of Section 115700 of the Health and Safety Code. (Ref Ord.No.500-07,eff.7/19/07) 1.1.2 "Active Well" shall mean a water well that is routinely operated and supplies greater than or equal to forty percent(40%) of the water supply requirement of the property upon which it is located. (Ref.Ord.No.500-07,eff.7/19/07) 1.1.3 "Administrative Code" is a compilation and codification of all of the Administrative, Water, Sewer and Street Lighting Ordinances and rules and regulations of the District, which establish the authority and the principles for decisions of the District,and provide the public with guidelines applicable to District operations. 1.1.4 "Air Test" shall consist of plugging each end of the service lateral and base of cleanout risers and applying a pressure of three and one half pounds per square inch (3.5 psi)to the section under the test. The line shall be allowed a maximum loss in pressure of half a pound per square inch(.5 psi) within five (5) minutes. The air test shall be from the wye at the main to the building cleanout. The sewer lateral must be completely backfilled at the time of the air test. 1.1.5 "American Insurance Association" is an independent not-for-profit product safety testing and certification organization. 1.1.6 "Annual Minimum Rate Per Piece of Water Using Equipment" shall mean the minimum water rate charge per year, per piece of water using equipment. 1.1.7"Apartment"is a single Dwelling Unit within a structure or complex under one ownership with multiple Dwelling Units, whether adjoined or freestanding. 1.1.8 "Applicant for Sewer Service" is the person making application for a permit for a sewer installation and shall be the owner of record of premises to be served by the sewer for which a permit is requested or his authorized agent. 1.1.9 "Applicant for Exemption or Variance" shall mean the person who seeks a connection fee exemption of the connection costs as set forth in Ordinance No. 500-07 or the person who seeks a variance permit for concurrent supplies of water as set forth in said Ordinance, as the context may indicate. (Ref.Ord.No.500-07,eff.7/19/07) 1.1.10 "Applicant for Water Service" shall mean the person making application for a water service connection and shall be the owner of record of the premises to be served or his authorized agent. 1.1.11 "Auxiliary Water Supply" shall mean any water supply on or available to the -1 premises other than the District's approved public potable water supply. These auxiliary waters may include water from another purveyor's public potable water supply or any natural source(s) such as a well, spring, river, stream, harbor, or other similar source, or"used waters"or "industrial fluids." These auxiliary waters may be polluted or contaminated or they may be objectionable and constitute an unacceptable water source over which the District does not have any sanitary control. 1.1.12 "AWWA" shall mean the American Waterworks Association. 1.1.13 "Backflow" shall mean the reverse flow of water or other liquids, gases, mixtures or substances into the distributing pipes of the District's water supply system from any source or sources other than an intended source. 1.1.14 "Backflow Preventer", "Backflow Prevention Assembly" is an assembly or means designed to prevent backflow, approved by the District as meeting the current applicable specifications and standards of the University of Southern California's Foundation for Cross- Connection Control and Hydraulic Research for approved backflow prevention assemblies. Such approved backflow preventers or backflow prevention assemblies include: (a) Air-Gap. The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank,plumbing fixture,or other vessel and the flood level rim of said vessel. An approved air- gap shall be at least double the diameter of the supply pipe, measured vertically, above the top rim of the vessel; and, in no case less than one inch. When an air *1110 - gap is used at the service connection to prevent the contamination or pollution of the District's potable water system, an emergency by-pass shall be installed around the air-gap system and reduced pressure principle assembly shall be installed in the by-pass system. (b) Reduced Pressure Principle. An assembly of two independently operating check valves with an automatically operating differential relief valve between the two check valves, tightly closing, resilient seated shut-off valves on either side of the check valves,plus properly located test cocks for the testing of the check and relief valves. The assembly shall operate to maintain the pressure in the zone between the two check valves at a level less than the pressure on the District's water supply side of the device. At cessation of normal flow the pressure between the two check valves shall be less than the pressure on the public water supply side of the device. In case of leakage of either of the check valves, the differential relief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere. To be approved, these assemblies must be readily accessible for in-line maintenance and testing and be installed in a location where no part of the device will be submerged. (c) Double Check Valve. An assembly of two independently operating check valves with tightly closing, resilient seated shut-off valves on each side of the check -2 valves, plus properly located test cocks for the testing of each test valve. To be approved, these assemblies must be readily accessible for in-line maintenance and testing. (d) Atmospheric Vacuum Breakers. The Atmospheric Vacuum Breaker shall be located such that the critical level (C-L) is at least six (6) inches above the highest sprinkler head or any portion of plumbing served by the sprinkler system with absolutely no means of shut off on the discharge side of the vacuum breaker. (e) Pressure Vacuum Breaker. The pressure vacuum breaker shall be located such that the critical level (C-L) is (a) at least twelve(12) inches above the highest point reached by any water beyond the device; and(b) not less than twelve (12) inches above the surrounding grade or floor. The Pressure Vacuum Breaker shall be readily accessible for maintenance and testing. The Pressure Vacuum Breaker shall not be subjected to back-pressure. Only industrial (non-potable) fluid may be supplied from beyond the Pressure Vacuum Breaker. 1.1.15 "Backwater Prevention Device" (Reference Ordinance No.510-09,effective July 3,2008)means a device installed in a drainage system to prevent reverse sewage flow into a structure. As used in this Code,the term"backwater prevention device" includes both backwater overflow devices and backwater check valves and shutoff systems, and any other devices the District may approve kir for such purposes. 1.1.16 "Bar" is a counter or tables at which beverages and/or food is served. 1.1.17 "Bar Stools" are seats or chairs at the counter of a bar. 1.1.18 "Bath" is one (1) room with a water closet, one or more lavatories, with or with- out shower and/or bathtub. 1.1.19 "Bill" is the notice or statement provided to customers, which reflects charges for water, sewer, street lighting, and special services provided. 1.1.20 "Branch line" is a water supply line connecting one or more fixtures with a water supply main, riser, or other branch. 1.1.21 "Board" shall mean the Board of Directors of the South Tahoe Public Utility District. 1.1.22 "Board Policy" are rules and regulations enacted by the Board from time to time which determine the manner in which matters of District business are to be conducted. 1.1.23 "Board Policy Manual" is the comprehensive listing of the Board's current policies. 1.1.24 "Building" is any structure used as a place of business, recreation or other non- -3 dwelling purpose containing water or sanitary facilities. 1.1.25 "Capacity Rights" is authority, as evidenced by a permit issued by the District, to discharge wastewater to the collection,treatment, and export systems of the District. 1.1.26 "Change in Use" shall occur when plumbing fixtures are added to an existing residential or commercial development such that potential water or sewer capacity is increased. 1.1.27"City" is the City of South Lake Tahoe. 1.1.28 "Clerk"or"Executive Services Manager" shall mean the Clerk of the Board and Executive Services Manager. 1.1.29 "Closed Circuit Television (CCTV)" is technology which uses a television camera that is connected to a video monitor, videocassette recorders and other recording devices by a long electric cable to inspect sewer lines. The CCTV system relays live footage to a high resolution monitor located in a mobile survey unit. The footage of pipeline surveyed is recorded on videotape. If a defect is detected, the operator can stop and investigate the defect in more detail. 1.1.30 "Collection System" is the sewer and pumping system used for the collection and conveyance of domestic, commercial and industrial wastewater to a wastewater treatment facility. 1.1.31 "Commercial Car Wash" is a private business where motor vehicles are washed. 1.1.32 "Commercial Complex" is a site where multiple commercial establishments are located. 1.1.33 "Commercial Establishment" shall mean all retail stores, restaurants, office buildings, laundries, churches, motels, hotels, and timeshare lodging and other private or public business and service establishments. 1.1.34 "Commercial Water Services" shall mean the furnishing of water to commercial establishments, and where the minimum fire flow requirements are set by the Fire Chief with authority in the jurisdiction. 1.1.35 "Common Interest Development" shall have the same meaning as defined in Cal. Civil Code Section 1351(c), or its successor provision, if any, which includes: 1) a community apartment project, 2)a Condominium Project, 3) a planned development and 4) a stock cooperative, as so defined. 1.1.36 "Condominium" is an undivided interest in common in a portion or portions of real property coupled with a separate interest in a Dwelling Unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. An individual Condominium within a Condominium Project may -4 include, in addition, a separate interest in other portions of the real property. liw 1.1.37 "Condominium Project"is a development consisting of Condominiums. 1.1.38 "Contamination" shall mean an impairment of the quality of the District water by sewage, industrial fluids or waste liquids, compounds or other materials, to a degree which creates an actual or potential hazard to the public health through poisoning or the spread of disease. 1.1.39 "Contractor" is an individual, corporation, partnership or other legal entity duly licensed by the State of California to perform the type of work to be done under the permit and shall be the owner or his agent. 1.1.40 "County" is the County of El Dorado, unless otherwise noted. 1.1.41 "Cross-Connection" is any physical connection or arrangement of piping or fixtures between two otherwise separate piping systems, one of which contains potable water and the other non-potable water or industrial fluids of questionable safety, through which, or because of which, backflow may occur into the District's water system. A water service connection between the District's distribution system and a water user's water distribution which is cross- connected to a contaminated fixture, industrial fluid system or with a potentially contaminated supply or auxiliary water system constitutes one type of cross-connection. Other types of cross- connections include connectors such as swing connections, removable sections, four-way plug valves, spools, dummy sections of pipe, swivel or change-over devices, sliding multiport tube, solid connections, and other cross-connections. 1.1.42 "Cross-Connections, Controlled" is a connection between the District's water system and a non-potable water system with a properly installed backflow prevention assembly that will continuously afford protection commensurate with the degree of hazard. 1.1.43 "Cross-Connection Control by Containment" shall mean either(1) the installation of an approved backflow prevention assembly at the water service connection to any water user's premises where it is physically and economically infeasible, as determined by the District, to find and permanently eliminate or control all actual or potential cross-connections within the water user's water system; or (2) the installation of an approved backflow prevention assembly on the service line leading to and supplying a portion of a water user's water system where there are actual or potential cross-connections which cannot be effectively eliminated or controlled of cross-connection. 1.1.44 "Curb Stop" is the District's valve, typically located at or near the property line, by which water service can be operated by District personnel. 1.1.45 "Customer Service Manager" is an authorized agent of the District appointed by the General Manager. 1.1.46 "Customer Service Valve" shall mean a valve which controls all water supply outlets so that the water can be turned on or off to any individual or separate building. -5 1.1.47 "Destroyed Well" shall mean a well that is no longer useful and that has been completely filled in accordance with the procedures described in Section 23 of the California Well Standards, California Department of Water Resources Bulletin 74-81 and Bulletin 74-90 (Supplement of Bulletin 74-81). (Ref.Ord.No.500-07,eff.7/19/07) 1.1.48 "District" shall mean the South Tahoe Public Utility District or its duly authorized representative, as the context may indicate. 1.1.49 "District Inspector" is the authorized agent of the District, appointed by the General Manager, responsible for enforcing the Ordinances and rules and regulations of the District. 1.1.50 "Domestic Service" shall mean the furnishing of water for household or residential purposes. 1.1.51 "Domestic Use" shall have the meaning ascribed to it by California Code of Regulations, Title 23, Section 660. 1.1.52 "Drip Irrigation System" is an irrigation system designed to distribute water at ground level, very slowly, on or toward plant life in order to promote growth and conserve water. 1.1.53 "Duplex" is a structure used exclusively for residential purposes, consisting of two distinct dwelling units. vir 1.1.54 "Dwelling Unit" is a structure used exclusively for residential purposes with one or more rooms, consisting of at least one(1)kitchen and one (1) or more bathrooms designed for single family use. 1.1.55 "Excess Sewer Unit" is any sewer capacity unit assigned to a parcel in excess of the sewer capacity units required for such parcel in accordance with the District's Schedule of Sewer Units. 1.1.56 "Existing Sewer Laterals" shall mean any sewer lateral that is lawfully connected to the collection system. (Reference Ordinance No.484-03 Effective 4/20/03) 1.1.57 "Extraction" shall mean the act of obtaining groundwater by pumping or other controlled means. 1.1.58 "Extraction facility" shall mean any device or method for the extraction of groundwater, including a well. 1.1.59 "Fire Hydrant" shall mean any valve intended for supplying quantities of water sufficient for fire suppression purposes. 1.1.60 "Fire Hydrant Meter" is a device used to measure fire hydrant water on a temporary basis only. -6 1.1.61 "Fire Hydrant Permit" is a certificate issued by the District authorizing the Permittee to draft water from the District's fire hydrants on a temporary basis. 1.1.62 "Fire Hydrant Service" shall mean the District's furnishing of water for public fire protection purposes to fire hydrants. 1.1.63 "Flat Rate Service" is the provision of unmetered water. 1.1.64 "Flow Restrictor" is a device which reduces pressure in the water supply pipe near the water outlet while the faucet or water outlet is wide open and flowing, thereby limiting the amount of water passing through the faucet or water outlet. 1.1.65 "Food Preparation Area" is a place in which food is prepared, handled, processed or cooked. 1.1.66 "Garbage" includes, but is not limited to solid waste from the preparation, cooking and dispensing of food and from the sale, handling and storage of produce. 1.1.67 "General Manager" shall mean the General Manager of the District or other authorized person(s) duly designated to perform the services or make the determinations permitted or authorized hereunder. 1.1.68 "Groundwater" shall mean the water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water, whether or not flowing through known and defined channels. 1.1.69 "Hazard, Degree of." The term is derived from the District's evaluation of the potential risk to public health and the adverse effect of the hazard upon the District's water system. (a) Hazard-Health. Any condition, device, or practice with respect to the District's water supply system and its operation which could create, or in the judgment of the District Inspector may create, a danger to the health and well- being of the District's water users. A health hazard includes but is not limited to, a structural defect, including cross-connections, in a water supply system. (b) Hazard-Plumbing. A plumbing type cross-connection in a water user's potable water system that has not been properly protected by a backflow prevention assembly. Unprotected plumbing type cross-connections are considered to be a health hazard. (c) Hazard-Pollutional. An actual or potential threat to the physical properties of the water system or to the potability of the District's water system which would constitute a nuisance, would be aesthetically objectionable or could cause damage to the District water system or its appurtenances, but would not constitute a health hazard. -7 (d) Hazard-System. An actual or potential threat of severe damage to the physical properties of the District's water system or a pollutional hazard or other contamination which would have a protracted effect on the quality of the potable water in the District water system. 1.1.70 "Holding Tank Dump" is a sewer discharge site that receives wastewater from sewage holding tanks. 1.1.71 "Home" is a separate, free-standing, single residential dwelling with one or more rooms, consisting of one (1)kitchen, and one(1)or more bathrooms. 1.1.72 "Homeowners Association" is a nonprofit corporation or unincorporated association created for the purpose of managing a Common Interest Development. 1.1.73 "Hotel/Motel/Timeshare" is an establishment intended for temporary lodging. 1.1.74 "Hot Tub" is pool which drains to the District's sewer system, and which is operated as, or in connection with, a business such as a hotel or a motel, or multi-family residential structure with four(4) or more dwelling units. 1.1.75 "Industrial Establishment"is a business establishment, the waste from which has a greater concentration of suspended solids, or a greater biological oxygen demand(BOD), or chemical oxygen demand (COD), or is more variable in content and rate of discharge and may require more extensive or different treatment than domestic waste. 1.1.76 "Industrial Fluids System" Any system containing a fluid or solution which may be chemically, biologically or otherwise contaminated or polluted or in a form or concentration such as would constitute a health, system, pollutional or plumbing hazard if introduced into the District's water supply. This may include, but shall not be limited to: polluted or contaminated waters; all types of process waters and"used waters"originating from the District's water systems which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalies, circulated cooling waters connected to an open cooling tower and/or cooling towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, ; oils, gases, glycerine, paraffins, caustic and acid solutions and other liquid and gaseous fluids used for industrial or other purposes or for fire-fighting purposes. 1.1.77 "Industrial Use" shall have the meaning assigned to it by the California Code of Regulations, Title 23, Section 665. 1.1.78 "Industrial Wastes" are wastes from industrial establishments or processes as distinct from domestic waste. 1.1.79 "Inlet/Upstream Side of Meter" is the point at which water enters the meter body during the flow of water in its normal direction. -8 1.1.80 "Intertie" is an interconnection of water pipes between two or more water utility systems which permits the flow of potable water between the systems. 1.1.81 "Irrigation System" is a network of piping designed to distribute water on or towards plant life to promote growth. 1.1.82 "Kitchen" is a room or other place within a building or structure with a food preparation area. 1.1.83 "Laundromat" is a commercial establishment providing laundry services which may, or may not be, self-service. 1.1.84 "Low Water Use Plumbing Fixtures" shall be all of the following: a) Any toilet, urinal or other device which discharges no more than 1.6 gallons per flush, and incorporates American National Standards Institute standards pertaining to such devices. b) Shower heads, lavatory faucets, and sink faucets, the flow from which is not to exceed 2.75 gallons per minute (within a tolerance of ten percent(10%) , at water pressures up to eighty(80) pounds per square inch; or any faucet aerator which allows discharges of no more than 2.75 gallons per minute. The foregoing maximum flow rates are those established by the American National Standards Institute. 1.1.85 "Lower Lateral" is that part of the horizontal sewer piping beginning at the property line cleanout or connection and terminating at the District's sewer main. The Lower Lateral is an asset of the property owner and replacement of the Lower Lateral at the end of its useful life rests with the property owner. 1.1.86 "Meter Flange" is a ring or oblong shaped plate on the end of a meter, at right angles to the end of the meter, with bolt holes to allow fastening the meter to a similarly equipped adjoining pipe. 1.1.87 "Meter Rate Service" is the provision of water service, the charges for which are based on the quantity of water provided. 1.1.88 "Meter Tail" is a coupling device used to join meters to pipes. 1.1.89 "Mobile Home Park/Trailer Park/Campground" is a site for the temporary or permanent location of a mobile home, travel trailer, motor home, or tent. 1.1.90 "Multiple Service" shall mean the furnishing of water or wastewater services for residential purposes to a Common Interest Development. kire 1.1.91 "New Construction" is any structure which, on a particular date, as required by -9 the context,either is to be constructed or does not have a certificate of occupancy from the appropriate governmental entity. " 1.1.92 "No-Cost Service Period" shall mean that period of time for which a Subject Property may receive water service at no cost. The No-Cost Service Period shall be determined on a property-by-property basis and shall be equivalent to the difference between 50 years and the age of the extraction facility, in years, in existence on the Subject Property as of July 19, 2007. (Ref.Ord.No.500-07,eff.7/19/07) 1.1.93 "Outlet/Downstream Side of Meter" is the point at which water exits the meter body during the flow of water in its normal direction. 1.1.94 "Outside Sewer" is a private sewer beyond the jurisdictional boundaries of the District. 1.1.95 "Overflow Capacity" is the capacity of a bathtub, which is measured up to the vent for overflowing water. 1.1.96"Owner" is the legal owner of record of real property, except in a Common Interest Development, in which case, the Homeowners Association, if one exists, shall be treated as the owner." 1.1.97"Permittee" is the person(s)or entity that obtains a permit, as the context requires, from the District. 1.1.98 "Person" shall mean any individual, firm, partnership, general corporation, association, or governmental entity. Governmental entity, as used herein, shall not include any local agency exempt from the application of Ordinance No. 500-07 pursuant to State law. (Ref.Ord. No.500-07,eff.7/19/07) 1.1.99"Plumbing System" includes all plumbing fixtures and traps, soil, waste, special waste and vent pipes and all sanitary sewage pipes within a premises. 1.1.100"Pollution" shall mean the presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the pubic health but which does adversely and unreasonably affect such waters for domestic use. 1.1.101 "Premises" is any property, equipment, or apparatus where or in which water is used or wastewater is discharged. 1.1.102 "President" shall mean President of the Board. 1.1.103 "Primary Parcel" is a parcel of real property to which sewer capacity rights are transferred. 1.1.104 "Private Fire Protection Service" shall mean the furnishing of water by the -10 kir District for connection to a private fire sprinkler system or private fire hydrants. 1.1.105 "Private Sewer" is a sewer with an independent sewage disposal which is not connected with a public sewer and which accommodates one or more homes. 1.1.106 "Property" is a parcel of real property or structure, as the context requires, where or in which water is used or sewage is discharged. 1.1.107 "Property Line" shall mean the boundary between the District's easement or City or County right-of-way and the private property. 1.1.108 "Public Right of Way" is any public highway, road, street, avenue, alley, way easement, or other similar passageway, whether paved or unpaved. 1.1.109"Public Sewer" is a sewer lying within a public right-of-way and which is controlled by or subject to the jurisdiction of District. 1.1.110 "Radius of Influence" shall mean the distance from the center of a well to the limit of the cone of depression. 1.1.111 "Regular Working Hours" shall be from 7:OOam to 5:3Opm, Monday through Friday, excluding holidays. 1.1.112 "Restaurant" is a commercial establishment where meals can be purchased and eaten. 1.1.113 "Remodeling" shall mean any construction activity which increases the number of sewer units required to serve improvements on a property; or a tear down and/or reconstruction of more than fifty percent (50%) of the existing square footage of a building(s)on a property; or a tear down and/or reconstruction of any multiple living units located on a property with multiple living units. (Ref.Ordinance No.488-04 effective 4/15/04,Superseding 484-03 Effective 4/20/03) 1.1.114 "Reports" is a District form for reporting the results of tests, inspections, repairs, maintenance, relocations and replacement of backflow preventers. 1.1.115 "Rough Plumbing Inspection" is the inspection of all portions of the water and waste plumbing systems, which can be completed prior to the installation of plumbing fixtures, from the District's system up to their connection point to the District's system. 1.1.116 "Seating" shall mean any chair, stool, bench or similar place to sit at a commercial establishment for the purpose of eating or drinking. 1.1.117 "Secondary Parcel" is a parcel of real property from which sewer capacity rights are transferred. 469 1.1.118 "Service Call" shall mean the disconnection or reconnection of a water service connection at a water user's request, or for non-payment of the water user's account, to prevent -11 property damage in the event of broken pipes, or for a violation of any of the Ordinances, rules and regulations of the District. 1.1.119 "Service Charges" shall mean rates, fees, and charges for water, sewer, special and street lighting services. 1.1.120 "Service Connection" shall mean the tapping of a District water main and the laying of pipe from the main to the meter or curb-stop at the property line. 1.1.121 "Serviced Lands" are those lands lying within the District and abutting upon a public street upon which street lighting is afforded by the District. 1.1.122 "Service Station" is a commercial establishment providing fuel and maintenance for motor vehicles. 1.1.123 "Sewage" is a combination of water-carried wastes from any building connected to the District's sewer system or from any private sewer. 1.1.124 "Sewer" is a pipe or conduit which carries sewage or industrial wastes and to which storm, surface and ground water are not intentionally admitted. 1.1.125 "Sewer Lateral" is the part of the horizontal sewer piping beginning at the exterior wall of any building and terminating at the District's Sewer Main. 1.1.126 "Sewer Main" shall mean a sewer pipeline for public or community use to which sewer laterals are tributary. 1.1.127 "Sewer Permit" is any written authorization required pursuant to this Administrative Code or any other Ordinance rule, or regulation of the District for the construction of any sewer to be connected to the District's sewer system. 1.1.128 "Sewer System" is all District facilities and devices for collection, pumping, treating, and disposing of sewage. 1.1.129 "Sewer Unit" is an estimated measurement of quantity and strength of wastewater discharged to the sewer system. A sewer unit represents incremental capacity rights in the form of fixtures or facilities causing actual or potential sewage discharge to the sewer system. A sewer unit is used for the purposes of determining sewer service charges. 1.1.130 "Single Family Home" is a separate, free standing single residential Dwelling Unit. 1.1.131 "Special Service" shall mean a service provided by the District other than water, sewer, or street lighting services. 1.1.132 "State" is the State of California. -12 1.1.133 "Street" shall include any public right-of-way highway, road, street, avenue, alleyway, easement or right-of-way. 1.1.134 "Street Light" is an overhead lamp illuminating public streets. 1.1.135 "Studio Apartment" is a residential unit consisting of no more than one (1) kitchen, one (1) room for living and sleeping and one (1) bathroom. 1.1.136 "Subject Property" shall mean any legal parcel for which an applicant is seeking District water service pursuant to Ordinance No. 500-07, a connection fee exemption and reimbursement of connection costs, or any legal parcel for which an applicant is seeking a variance permit to supply with multiple sources of water or any legal parcel which is receiving water supplied from both the District and some other source, as the context may indicate. 1.1.137 "Swimming Pool" is any structure or tank capable of holding a volume of water, used for swimming, that drains to the District's sewer system. 1.1.138 "Tavern" is a commercial establishment whose primary purpose is the serving and provision of alcoholic beverages. 1.1.139 "Triplex" is a structure used exclusively for residential purposes, consisting of three distinct dwelling units. 1.1.140 "Upper Lateral" is that part of the horizontal sewer piping beginning at the exterior wall of any building and terminating at the property line cleanout or connection. The Upper Lateral is an asset of the property owner and replacement of the Upper Lateral at the end of its useful life rests with the property owner. 1.1.141 "Uniform Plumbing Code" is a publication of the International Association of Plumbing and Mechanical Officials Organization, widely accepted as a model for safe and sanitary plumbing systems. 1.1.142 "Waste" shall mean any unreasonable use of water, including, but not limited to, the specific uses prohibited and restricted by this Administrative Code, or other District Ordinances. 1.1.143 "Water Capacity Unit" is the amount of water determined by the District from time to time to be the average daily use of a single family home within the District's service area during a peak water production month, presently 416 gallons. 1.1.144 "Water Capacity Unit Charge" is the charge established by the Board of Directors for one (1) Water Capacity Unit. 1.1.145 "Water Main" shall mean a principle water supply pipeline for public or iher community use to which branch pipelines are tributary. 1.1.146 "Water- Nonpotable" is water, which is not safe for human consumption or -13 which is of questionable potability. 1.1.147"Water- Potable" shall mean any water, which, according to recognized standards, is safe for human consumption. 1.1.148 "Water System" is all of the water wells and other water sources, distribution pipes, storage tanks, booster pumps, valves, meters, fire hydrants, and all facilities and equipment required to deliver potable water to District customers. 1.1.149 "Water- Used." Any water supplied by the District to a water user's water system after it is no longer under the sanitary control of the District. 1.1.150 "Water User" shall mean any person or entity to whom water is furnished by the District. 1.1.151 "Water Using Equipment" shall mean any equipment, which has the capability to draft water from the District's water system, other than fire fighting equipment. 1.1.152 "Waterlines" are any water main or other pipeline used by the District to provide water to any building or other structure within the District's jurisdictional boundaries. 1.1.153 "Well or Water Well" shall mean any artificial excavation constructed by any method for the purpose of extracting groundwater. Well or water well shall not include: (1) Oil and gas wells, or geothermal wells constructed under the jurisdiction of the California State Department of Conservation, except those wells converted to use as water wells; or (2) Wells used for the purpose of: (a) Dewatering excavation during construction,or (b) Stabilizing hillsides or earth embankments. -14 SECTION 2 ADMINISTRATION Section 2.1 Elections. 2.1.1 Elections Conducted Under Rules Governing Election of State and County Officers. 2.2 Time, Place, and Rules for Regular and Special Meetings. 2.2.1 Public Meetings. 2.2.2 Meeting Place. 2.2.3 Time of Meetings. 2.2.4 Special Meetings, Adjourned Meetings, and Emergency Meetings. 2.3 Duties and Compensation of General Manager. 2.3.1 Duties of General Manager. 2.3.2 Employment Agreement. 2.4 Duties and Compensation of Clerk. 2.4.1 Duties of Clerk. 2.4.2 Compensation. 2.5 Duties of Treasurer Performed by County Treasurer. 2.5.1 Duties of the Treasurer. 2.5.2 Assistant Treasurer. 2.6 Determination of Lowest, Responsive, Responsible Bidder. 2.6.1 Personal Property. 2.6.2 Local Sales Tax Revenue. 2.7 Regulation of Annexation of Territory. 2.7.1 Purpose. 2.7.2 Annexation Fee. 2.7.3 Annexation Terms and Conditions. 2.8 Helping Hands Outreach (H20) Program (Reference Ord.No.466-98) 2.8.1 Purpose. 2.8.2 Authorization of Helping Hands Outreach(H20) Account 2.8.3 Funding the Account 2.8.4 Application for Financial Assistance 2.8.5 Processing the Application 2.8.6 Coordination with the El Dorado County Department of Community Services 2.8.7 Confidentiality 2.8.8 Non-Discrimination 2.9 Claims (Reference Ord.No.485-03) 2.9.1 General Tort Claims 2.9.2 Tort Claims by Public Entities 2.10 Identity Theft Prevention Program (Reference Ord.No.511-08) 41119 -0 Section 2.1 Elections. 2.1.1 Elections Conducted Under Rules Governing Election of State and County Officers. All elections held and conducted in the District shall be held and conducted according to Board Policy and provisions of state and county law relating to the manner of holding and conducting general elections for the election of state and county officers. Section 2.2 Time, Place and Rules For Regular and Special Meetings. 2.2.1 Public Meetings. All meetings of the Board shall be open and public, and all persons shall be permitted to attend any meeting of the Board except as provided in Sections 54956 and 54957 of the California Government Code. 2.2.2 Meeting Place. All regular meetings of the Board shall be held at the South Lake Tahoe Public Utility District offices located at 1275 Meadow Crest Drive, South Lake Tahoe, California. 2.2.3 Time of Meetings. Regular meetings of the Board shall be held on the first and third Thursdays of every month, commencing at 2:00 p.m., provided that any such days fall upon a legal holiday, then said meetings, if deemed necessary, shall be held at the same time on a day to be determined by the Board. 2.2.4 Special Meetings,Adjourned Meetings, and Emergency Meetings. Provisions for Special Meetings, Adjourned Meetings, and Emergency Meetings shall be specified in the Board Policy Manual. Section 2.3 Duties and Compensation of General Manager. 2.3.1 Duties of General Manager. The duties of the General Manager, other than designated by statute, shall be provided for in the Board Policy Manual. 2.3.2 Employment Agreement. The General Manager and Board of the District have entered into an Employment Agreement entitled General Manager Agreement for Professional Services, which sets forth the terms and conditions of employment of the General Manager of the District. Section 2.4 Duties and Compensation of Clerk. 2.4.1 Duties of Clerk. The duties of the Clerk of the Board/Executive Services Manager, other than designated by statute, shall be provided for in the Board Policy Manual. 2.4.2 Compensation. The Clerk of the Board/Executive Services Manager, as an -1 kir officer of the District, shall receive compensation for said office as authorized by a Memorandum of Understanding entered into by and between the District and the Management Staff of the District. Section 2.5 Duties of Treasurer Performed by County Treasurer. 2.5.1 Duties of the Treasurer. The duties of the Treasurer of the District shall be performed by the General Manager or his/her designee. Duties of the Treasurer, other than designated by statute, shall be provided for in the Board Policy Manual. 2.5.2 Assistant Treasurer. There shall be provided the office of Assistant Treasurer, which said office shall be combined with the office of Chief Financial Officer of the District. The duties of the Assistant Treasurer shall be provided for in the Board Policy Manual. Section 2.6 Determination of Lowest,Responsive, Responsible Bidder. 2.6.1 Personal Property. In accordance with Sections 20202.1 et seq of the California Public Contract Code, contracts to furnish personal property to the District shall be awarded to the lowest responsive, responsible bidder. 2.6.2 Local Sales Tax Revenue. (Ref.Ordinance No.493-05)Where personal property to be supplied to the District will provide local sales tax revenue for the benefit of District's customers, one and one-half percent(1.5%)of the bid shall be deducted from the bid of those bidders having a fixed place of business within the District boundaries for those items of personal property bid, for the sole purpose of determining the lowest responsive, responsible bidder. Section 2.7 Regulation of Annexation of Territory. 2.7.1 Purpose. The purpose of this Section shall be to provide for the payment of a determinable amount of money, either as a lump sum or in installments, as an annexation fee, for the acquisition, transfer use or right of use of all or any part of the existing property, real or personal of the District by the territory hereinafter annexed to the District, and to provide for the terms and conditions of any such annexations. 2.7.2 Annexation Fee. Annexation fees will be determined on an individual basis and will reflect such considerations as the assessed valuation of the area to be annexed, existing sewerage facilities, if any, extent of future sewerage facility needs, the number of developed properties within the area of proposed annexation, contractual relationships between the area to -2 be annexed and the District, if any, and shall include,but are not limited to, engineering costs, administrative costs, and incidental costs of said annexation. 2.7.3 Annexation Terms and Conditions. The annexation of territory shall be made subject to the policy and guidelines of the El Dorado Local Agency Formation Commission (LAFCO)as provided for by California Government Code Section 56000 et seq . Section 2.8 Helping Hands Outreach (H20) Program (Reference Ord.No.466-98) 2.8.1 Purpose. The purpose of this Section is to establish and provide for the maintenance of a District administered financial assistance program which will make available a source of privately donated contributions for indigent residential customers of the District who have delinquent and unpaid District utility service charges and who can demonstrate financial need. The financial assistance program shall be known as the Helping Hands Outreach(H20) Program. Private donations to the Program shall be separately deposited into a special District account and the funds will be made available by the District for customers previously screened and approved as eligible by the El Dorado County Department of Community Services. This Section is intended to supplement, and not replace, any provision in the Administrative Code relating to utility rates and charges. 2.8.2 Authorization of Helping Hands Outreach (H20)Account. A financial assistance account shall be established and maintained by the District's Chief Financial Officer or his or her designee for the purposes of providing financial assistance to customers of the District who have delinquent and unpaid utility service charges and who can demonstrate financial need. The financial assistance account shall be known as the Helping Hands Outreach(H20) Account. The account shall be funded only through direct private contributions by members of the public. No District funds shall be deposited or transferred to this account. The contributions received and distributed from the account shall be kept separate from any other financial accounts managed by the District. The principal and interest of the account shall be distributed solely for the benefit of eligible applicants. There shall be no distribution of funds from the financial assistance account until the account balance maintains a minimum of five hundred dollars ($500.00). 2.8.3 Funding the Account. The District may establish mechanisms to raise funds for the Helping Hands Outreach(H20) Account for subsequent distribution on behalf of customers who have applied for financial assistance and have met the requisite financial need criteria. These fund raising mechanisms may include, but are not limited to: soliciting money from private customers through bill statements; an annual fund-raising effort; and automatic payroll deductions. 2.8.4 Application for Financial Assistance. Any District customer who can -3 demonstrate financial need and has delinquent and unpaid utility service charges may apply for financial assistance through the Helping Hands Outreach(H20) Program. Customer applications for financial assistance shall be made in writing to the El Dorado County Department of Community Services on such forms as may be prescribed by the District, signed by the applicant and shall include the following: (1) the applicant's name, billing address, and service address; (2) the amount of the delinquent and unpaid utility service charge(s); (3) the applicant's monthly income; (4)the applicant's monthly expenditures; (5) any other types of financial assistance the applicant is receiving; and (6)any other information the El Dorado County Department of Community Services may deem necessary in determining the applicant's financial need and eligibility for financial assistance. The application form shall then be submitted directly by the applicant to the El Dorado County Department of Community Services. In order to be eligible for financial assistance, the applicant's utility bill must be at least 30 days in arrears, a copy of the delinquent utility bill must be provided, and the applicant or the applicant's household must not have received financial assistance through the Helping Hands Outreach(H20) Program within the previous thirty-six(36) months. 2.8.5 Processing the Application. Each application for financial assistance shall be reviewed and evaluated by the El Dorado County Department of Community Services as soon as practical after the application has been filed in proper form. The El Dorado County Department of Community Services will review and evaluate applications based on the criteria described in Section 2.8.4. The El Dorado County Department of Community Services shall have sole responsibility, given the standards and policies stated in this Section, to identify and qualify eligible applicants. All allocation schedule land payment vouchers will be established by the El Dorado County Department of Community Services so as to expend Helping Hands Outreach (H20) Program funds in a judicious manner. No delinquent and unpaid utility service account may receive a transfer of funds from the Helping Hands Outreach(H20) Account more than once in any thirty-six (36) month period. 2.8.6 Coordination with the El Dorado County Department of Community Services. The District shall provide, on a periodic basis, an accounting report notifying the El Dorado County Department of Community Services of the available funds in the Helping Hands Outreach(H20) Account. Any administrative fees charges by the El Dorado County Department of Community Services for purposes of screening and approving eligible applicants shall be paid solely from the Helping Hands Outreach (H20) Account. 2.8.7 Confidentiality. The District shall not divulge, publicize, reveal or otherwise disclose to any person, other than the El Dorado County Department of Community Services, any information regarding or relating to a customer's application for, or receipt of, financial -4 assistance from the Helping Hands Outreach(H20) Program, except as required by law. 2.8.8 Non-Discrimination. All services rendered as a result of the enactment of this Section shall comply with the Federal Civil Rights Act of 1964 and the American with Disabilities Act, as amended. No person shall be denied financial assistance on the grounds of age, race, creed, color, gender, religion,national origin, or handicap. Section 2.9 Claims 2.9.1 General Tort Claims Procedures. The California Tort Claims Act sets out the procedures for filing a claim against the South Tahoe Public Utility District for money damages. The applicable provisions of law can be found in California Government Code sections 810- 996.6. The District provides a claim form which, pursuant to Government Code section 910.4, must be used for all tort claims against the District. 2.9.2 Tort Claims by Public-Entitles. Pursuant to the authority contained in Government Code section 935, the following claims procedures for those claims against the South Tahoe Public Utility District for money or damages not now governed by state or local laws shall be as follows: Notwithstanding the exemptions set forth in Government Code section 905, all claims for money or damages against the South Tahoe Public Utility District, when a procedure for processing such claims is not otherwise provided by state or local laws, shall be presented within the time limitations of Government Code sections 910 through 915.2. Such claims shall further be subject to the provisions of Government Code sections 945.4 and 945.6 relating to the prohibition of actions in the absence of the presentation of claims and action thereon by the District. 2.10 Identity Theft Prevention Program. (Reference Ordinance No.511-08,effective November 15,2008) Federal Trade Commission regulations require that the District maintain an Identity Theft Prevention Program, consisting of guidelines established to alert the District to potential identity theft and respond to specific activities ("red flags")that could be related to identity theft. The District has adopted and will maintain a program that complies with the FTC regulations. -5 Section SECTION 3 WATER 3.1 Water Service,Water Rates,Operations and Enforcement. General Provisions. 3.1.1 Control and Management. 3.1.2 Duty of District. 3.1.3 Application for Service. Fire Hydrant Use. 3.1.4 Fire Hydrant Permit Required. 3.1.5 District Shall Specify Use. 3.1.6 Costs and Expenses for Fire Hydrant Use. 3.1.7 Fire Hydrant Permit Violations. 3.1.8 Fire Hydrant Permit May be Revoked or Suspended. Main Extensions. 3.1.9 Extending Mains. 3.1.10 District Main Extensions. Water Service Requiring Installation of Service Connection and/or Metering Device. 3.1.11 New Water Service. 3.1.12 Connections. 3.1.13 Private Fire Protection Service. 3.1.14 Abandonment of Wells. Number of Service Connections or Metering Devices Required. ihr 3.1.15 Separate Service and Metering 3.1.16 Common Ownership. 3.1.18 Subdivided Parcel. 3.1.19 Correction of Water Service Connections. 3.1.20 Enforcement of Correction. Water Work or Connection. 3.1.21 Duty to Report 3.1.22 Unreported Service Connections. Establishment of Water Service Fees, Rates and Charges. 3.1.23 Charges Determined by Board. 3.1.24 Water Connection Fees. 3.1.25 Water Service Application for Specific Use. 3.1.26 No Water Transfers. 3.1.27 Credits for Previous Service. 3.1.28 Review of Applications. 3.1.29 Appeal of Connection Fee Computation. 3.1.30 Annual Flat Rates. 3.1.31 Annual Flat Rate Service Charges. 3.1.32 Water Capital Improvement Charge. 3.1.33 Disconnection of Annual Flat Rate Services. 3.1.34 Metered Water Rates. -1 3.1.35 Metered Water Service Charges. 3.1.36 Metered Service Capital Improvement Charge. 3.1.37 Metered Residential Rate. 3.1.38 Optional Metered Residential Rate. 3.1.39 Conversion to Metered Residential Rate Permanent. 3.1.40 Residential Meter Installation. 3.1.41 Billing of Metered Residential Rate. 3.1.42 Metered Usage Charge. 3.1.43 Access to Meter. 3.1.44 Water Service Call Charges. 3.1.45 Fire Hydrant Permit Fee. 3.1.46 Fire Hydrant Rate. 3.1.47 Charges Concerning Main Extensions. Water Rate Schedules. (Reference Ord.No.483-02) 3.1.48 Reimbursement for Fire Hydrant Installations 3.1.49 Schedule 1 - Water Connection Fees. 3.1.50 Schedule 2 - Annual Flat Water Service. 3.1.51 Schedule 3 - Metered Service. 3.1.52 Schedule 4 - Service Charges During Regular Working Hours. 3.1.53 Schedule 5 - Service Charges After Regular Working Hours. 3.1.54 Schedule 6 - Fire Hydrant Permit 3.2 District's Duty to Maintain and Repair Its Waterlines. 3.2.1 Purpose. 3.2.2 Private Property. 3.2.3 Easement. 3.2.4 Multiple Business. 3.2.5 District Responsibility. 3.2.6 Right of Entry by District. 3.3 Cross Connection Control. 3.3.1 District's Water System. 3.3.2 Policy. 3.3.3 Purpose. 3.3.4 Responsibility. 3.3.5 Inspection. 3.3.6 Backflow Prevention. 3.3.7 Type of Backflow Preventer Required. 3.3.8 Installation. 3.3.9 Testing. 3.3.10 Existing Backflow Prevention Assemblies. 3.4 Water Shortage and Drought Response Standards. 3.4.1 Purpose. Water Conservation Stages. 3.4.2 Water Waste Prohibited. -2 3.4.3 Stage 1 -Normal Conditions. 3.4.4 Stage 2 - Minor Water Supply Shortage. 3.4.5 Stage 3 - Severe Water Supply Shortage. 3.4.6 Stage 4 -Critical Water Supply shortage. 3.4.7 Stage 5 - Water Emergency. Enforcement. 3.4.8 Enforcement. 3.4.9 First Violation. 3.4.10 Second Violation. 3.4.11 Third Violation. 3.4.12 Fourth Violation. 3.4.13 District Enforcement Costs. Administration. 3.4.14 General. 3.4.15 Utility Accounts. 3.4.16 Discretionary Exemptions. 3.4.17 Appeals. Requirements for New Construction. 3.4.18 Mandatory Fixtures. 3.5 Declining Groundwater Levels. 3.5.1 Policy and Purpose. 3.5.2 Authorization of District Service. 3.5.3 Connection Fees and Costs; Contents, Decision. 3.5.4 Application for Connection Fee Exemption and Reimbursement of Connection Costs. 3.5.5 Prohibitions. 3.5.6 Variance Permits; Contents, Hearing, Decision. 3.5.7 Application for Variance Permit. 3.5.8 Application Review. 3.5.9 Issuance of Variance Permit Discretionary. 3.5.10 Condition of Variance Permit. 3.5.11 Permit Expiration. 3.5.12 Permit Renewal. 3.5.13 Suspension or Revocation. 3.5.14 Appeals. 3.6 Methyl Tertiary Butyl Ether(MTBE) Contamination Fund. 3.6.1 Policy and Purpose. 3.6.2 Separate Accounting Fund. 3.6.3 Use of MTBE Funds. 3.6.4 Annual Report. 3.6.5 Rules and Regulations 3.6.6 Amendment/Modification/Termination -3 Section 3.1 Water Service,Water Rates,Operations and Enforcement. ved GENERAL PROVISIONS 3.1.1 Control and Management. The entire District water system, including metering and measuring devices, shall be under the exclusive control and management of the District, and no connection or water service shall be made or obtained except in accordance with the provisions of the Ordinances, rules, and regulations of the District. 3.1.2 Duty of District. The District will exercise reasonable care and diligence to deliver to its customers a continuous and sufficient supply of potable water at a proper pressure and to avoid shortages or interruptions in service. The District, however, shall not be liable for interruptions, shortages, or insufficient supplies, fluctuations or variations in pressure, or any related losses or damage. 3.1.3 Application for Service. The application for water service shall be on a form approved and provided by the District. FIRE HYDRANT USE 3.1.4 Fire Hydrant Permit Required. No non-emergency water using equipment may be connected to any District fire hydrant without first obtaining a fire hydrant permit from the District. A copy of the permit shall be carried on the water using equipment at all times during the life of the permit. All permitted, non-emergency water using equipment shall contain a backflow prevention assembly approved by the District prior to the permit being issued. No non-emergency fire hoses shall be used without prior approval of the District. 3.1.5 District Shall Specify Use. The District shall specify the permitted, non- emergency water using equipment to be used, the fire hydrant(s) to be used, and the dates and time of use. 3.1.6 Costs and Expenses for Fire Hydrant Use. All costs and expenses incident to the use and/or connection to the District's fire hydrant for which a permit has been issued shall be paid by the permittee. The permittee shall indemnify, defend, protect and hold harmless the District, its elected officials, directors, officers, agents and employees from and against any and all liabilities, claims, costs, expenses, losses, damages and fees established, asserted, or incurred, including but not limited to, attorneys' and paralegal fees, costs and expenses, which arise out of, relate to or result from the use or connection to any fire hydrant. 3.1.7 Fire Hydrant Permit Violations. Service of water to any water using equipment shall be immediately discontinued by the District if a permit has not been obtained or -4 cannot immediately be shown. Additionally, for any person's initial violation, such person shall be charged: (1) the standard rate or fee per piece of water using equipment, in an amount not less than the minimum rate or fee; (2) a permit fee; (3)all administrative costs and expenses and all attorneys' and paralegal fees, costs; and(4) a Two Hundred Fifty-Dollar($250.00) fine. Private water equipment without a permit may be removed and confiscated by authorized District representatives. Upon a person's subsequent violation of this Section, that person, in addition to paying items(1), (2)and (3), above, and a Five Hundred Dollar($500.00) fine, shall be prohibited from drafting any water from a fire hydrant at any time from the District water system for a period of one year. Such persons are also subject to criminal prosecution, to the fullest extent of California law, pursuant to California Penal Code Sections 498, 592, and 607. 3.1.8 Fire Hydrant Permit May be Revoked or Suspended. The fire hydrant permit may be revoked or suspended at the sole discretion of the District for emergency water conservation or other similar purpose. The permit may also be revoked or suspended for any violation by the permittee of conditions in the permittee's application, the permit, or provisions of this Section. MAIN EXTENSIONS kof 3.1. 9 Extendinji Mains. Whenever extension of a water main within the jurisdiction of the District is required because the parcel to be served is not located along a water main with adequate capacity and/or proper pressure, a service main from the nearest main of adequate capacity and pressure may be installed at the sole cost of the applicant. The new service main shall be transferred to the District by the applicant upon acceptance of such extension by the District. The pipe specifications, points of commencement, and all other requirements for main extensions shall be determined by the District with proper allowance being made for future demand. All construction work shall be subject to District inspection at all times. 3.1.10 District Main Extensions. Main extensions initiated by the District will be financed by the District. WATER SERVICE REQUIRING INSTALLATION OF SERVICE CONNECTION AND/OR METERING DEVICE -5 3.1.11 New Water Service. If there is sufficient water and capacity available in the void District water system to meet the requested service and applicant has complied with all requirements of the Ordinances, rules, and regulations of the District, and is not delinquent in any amounts owed the District, the District shall furnish the water service requested upon pay- ment of the applicable connection charge. The District shall establish a fee for the service connection and installation of a metering device. Such metering devices shall remain the property of the District. 3.1.12 Connections. Service connections and metering devices shall be installed in accordance with applicable provisions of the Ordinances, rules, and regulations of the District and current specifications for water service. 3.1.13 Private Fire Protection Service. There will be no charge for annual standby fire protection services for the District's potable water customers; however, the applicant shall conform to the following special conditions: a) The minimum pipe diameter of fire protection service as established by the Fire Chief or other authority with appropriate jurisdiction, which shall not be larger than the diameter of the main to which the fire protection service is connected. b) If a main of adequate size for a private fire protection service connection, in addition to all other types of service, does not exist in the street adjacent to the property to be served,then a main from the most accessible, existing main of adequate size, as determined by the District, shall be installed at the sole cost of the applicant. c) Private fire protection service shall be equipped with standard detector type meters approved by the American Insurance Association and satisfying District specifications. The cost of the meter and appurtenant structures shall be paid by the applicant. d) No private fire protection service shall be used for domestic purposes. 3.1.14 Abandonment of Wells. Any person making application to connect to the District's water system, who was previously served by a private well, must abandon the private well in accordance with all applicable federal, state, and local laws and all other Ordinances and rules and regulations of the District, and submit a certificate of compliance from the El Dorado County Health Department, or properly protect the District water supply as outlined in Section 3.3. NUMBER OF SERVICE CONNECTIONS OR METERING DEVICES REQUIRED -6 3.1.15 Separate Service and Metering Device. Except as otherwise provided herein, each Dwelling Unit or Building under separate ownership or on a separate legal parcel shall install and maintain a separate service and metering device. 3.1.16 Common Ownership. The owner of two or more Dwelling Units or Buildings located on the same lot or legal parcel of land shall install and maintain one service connection and metering device to serve those Dwelling Units or Buildings, provided, however, the District may limit the number of dwelling units or buildings under common ownership which may be supplied by one service connection or device. 3.1.18 Subdivided Parcel. Except as provided in Section 3.1.18.5, when a parcel provided with a service connection and metering device is subdivided, that service connection and metering device shall be designated to the lot or parcel which it enters, and each other lot or parcel shall require a new service connection and metering device. 3.1.18.1 Multiple Service. A Common Interest Development, which consists of two or more assessors' parcels and will be managed by a Homeowners Association, shall install and maintain one service connection and metering device,provided, however, that the District may limit the number of Dwelling Units that may be supplied through one service connection or device. A Common Interest Development, which consists of two or more assessors' parcels and is not or will not be managed by a Homeowners Association, shall install and maintain a separate service connection and metering device to each Dwelling Unit within the development. Niw Notwithstanding the above, the developer of a Common Interest Development may elect, at his or her cost, to have installed and maintained a separate service connection and metering device for each Dwelling Unit within the development. In such case, the developer shall be responsible for securing to the District all access easements the District deems necessary, prior to connection to the District's water system. 3.1.18.2 Existing Connections. All water connections, existing as of the effective date of Ordinance 516-09, which do not meet the requirements of Sections 3.1.15-3.1.20, but were approved when installed and have otherwise been in compliance with the District's rules and regulations, shall be excluded from the requirements of those Sections until the occurrence of a "qualifying event." The following events shall be considered qualifying events requiring compliance with Sections 3.1.15-3.1.20: (a) application for new water service, (b) request for a change of account name, (c) request for an"Intent to Serve Letter" or"Can And Will Serve Letter", (d) the District's receipt of notification from the County of El Dorado, City of South Lake Tahoe, or an applicant, that application has been made for a building permit, (e) in the case of a Common Interest Development for which, pursuant to section 6.2.1, a Homeowners Association is responsible for payment of District water bills, the dissolution of that Homeowners Association; or(f)any other requested modification of water service to the Common Interest Development. -7 3.1.19 Correction of Water Service Connections. Where, contrary to the requirements 4000 of Section 3.1.15, two or more Dwelling Units or Buildings on lots or parcels owned by different persons are found to be supplied through the same service connections and metering devices, the person who owns the lot or parcel initially entered by the service connection and metering device shall disconnect or abandon the service to the lots or parcels owned by other persons. The person who owns the lot or parcel for which there is no separate service connection and metering device may apply to the District for a separate service connection and metering device, and pay all associated fees, costs and expenses. 3.1.20 Enforcement of Correction. In the event a person fails to comply with the provisions of Section 3.1.19, the District may, in its sole discretion, upon two-week prior notice to the affected property owners, enter upon the lot or parcel initially entered by the service connection and metering device and disconnect the service to the other lots or parcels. All associated fees, costs and expenses, for such disconnection shall be recovered from the person who owns the lot or parcel_initially entered by the service connection and metering device_ WATER WORK OR CONNECTION 3.1.21 Duty to Report. It shall be the duty of each Owner of property connected to the District's water system to report to the District all service connections or changes in use to District's water system. Any service connections or changes in use which are not so reported shall be deemed to have been connected to the District's water system from the date, as determined by the District,that the property first connected to the District's water or sewer system. For the purposes of this section, a change in use shall include, but is not limited to, the subdivision of a parcel and subsequent creation of a Homeowners Association. 3.1.22 Unreported Service Connections. Upon discovery of the unreported service connections to the District water system, the District shall charge all current charges and fees, including all current connection charges, plus a ten percent (10%)basic penalty, up to three (3) years back charges for current water service fees, and a ten percent (10%) penalty on such back charges. The owner of said property may, at his option, abate the unreported service connection(s) immediately or pay all of the above charges and fees. If the owner elects to abate the unreported service connection(s) or can demonstrate sufficient proof to the District Customer Service Manager or authorized representative that the unreported service connection(s) existed -8 prior to the purchase of such property by owner, then the District may only charge up to three (3) years back charge for current water service fees. If the owner fails to complete any of the above options, all charges and fees shall be deemed charges for the purposes of collection and enforcement, and the property shall be subject to disconnection procedures for delinquent charges as provided in Section 6.6. Upon discovery of unreported service connections, the District shall charge the owner of the lot or parcel initially entered by the unreported service connection all current charges and fees, including all current connection charges. All charges and fees specified in Sections 3.1.23 - 3.1.38 shall be included in the charges under this Section. ESTABLISHMENT OF WATER SERVICE FEES, RATES AND CHARGES 3.1.23 Charles Determined by Board. Water service charges and fees for the various types of services shall be determined by the Board in accordance with the Ordinances, rules, and --- -regulations of the District. The-types of sere-ice fees-rates-and-charges shall include and be paid - -- --as follows. 3.1.24 Water Connection Fees. The Board shall establish a fee schedule for water connections and administration fees. (Refer to Section 3.1.49 - Water Rate Schedule No. 1.) In establishing such fee schedule, the Board shall consider the costs and expenses incident to the installation of water service or other work for which an application has been made to the District. Connection charges will include the following: a) Water Capacity Unit Charge for Water Service. There shall be one water capacity unit charge per water capacity unit, with a minimum of one water capacity unit, which the applicant shall pay to the District. In reviewing an application,the District shall estimate the water capacity units required for the connection. For properties with greater than one water capacity unit, within two (2) years of the issuance of the Certificate of Occupancy for the property, the District will complete an evaluation using a successive 30-day period, as determined at the reasonable discretion of the District. The actual water capacity units required for the connection shall be the ratio that the actual measured average day during peak month use bears to a water capacity unit. If the required water capacity units, as determined by the actual measured average day during peak month use, differs from the estimated water capacity units that provided the basis for the initial water capacity unit charge, then the applicant will be assessed an additional charge or will receive a refund such that the applicant's total payment will equal the actual water capacity unit charge. (Refer to Section 3.1.49(a), Water Rate Schedule 1) b) Water Capacity Charge for Private Fire Protection Service. There shall be a water capacity charge for providing private fire protection water service, which is in addition to -9 the water capacity charge for providing private fire protection water service, which is in addition to the water capacity charge for water service. In the event the applicant requests private fire protection water service, the applicant shall pay to the District the private fire protection water service charge based on the increase in the size of the connection. (Refer to Section 3.1.49(b), Water Rate Schedule 1) c) Water Capacity Charge for Private Fire Protection Only Service. There shall be a water capacity charge for providing private fire protection water service. In the event the applicant requests private fire protection water service, the applicant shall pay to the District the private fire protection water service charge based on the size of the fire service connection. Applications for fire protection only service shall be reviewed on a case-by-case basis and reviewed by the District's Engineering department for a determination on water sufficiency. (Refer to Section 3.1.49(c), Water Rate Schedule 1) d)Administrative Costs. The applicant shall pay the actual administrative costs incurred in reviewing and processing the application, but in no event less than the minimum administration fee. (Refer to Section 3.1.49 (d), Water Rate Schedule 1) e)Physical Connection Charge. The applicant shall pay to the District for the cost and installation for the physical connection to the District's water system. (Refer to Section 3.1.49(f j, Water Rate Schedule 1) J)Meter Costs. The applicant shall pay for the cost and installation of any meters. The design of such meters shall be approved by the District. g)Periodic Cost Adjustments. All water capacity charges for water service and the private fire protection service water capacity charges shall be adjusted annually. (Refer to Section 3.1.48(e), Water Rate Schedule 1.) 3.1.25 Water Service Application for Specific Use. The water service connection application will be for a specific structure on a parcel with a fixed amount of sewer discharge capacity and square footage for irrigation of lawn, gardens, shrubbery or other similar items. Any change of use, which requires an estimated addition of at least one water capacity unit, will require a new water connection application based on an initial projection estimate of use by the applicant and a two (2) year evaluation as provided in Section 3.1.24(a). 3.1.25.5 Special Charges. Non-standard water service requested by an applicant shall be -10 subject to such rates, charges, and other terms and conditions as established by the Board. "Non- standard water service" means a form or type of water service that is not set forth in this Administrative Code, and may include, but shall not be limited to, secondary, emergency, or backup potable water service, standby fire service to persons that are not potable water customers, service outside the district's boundaries, and non-potable water service. The owner of the property where the service will be provided and/or applicant shall enter into an agreement with the District, in such form as approved by the Board. The agreement may require the owner and/or applicant to pay all costs and expenses incurred by the District in reviewing the application, and preparing and reviewing the agreement. All fees, costs, and expenses incurred after the execution of the agreement shall constitute a water service charge that shall be billed and payable in accordance with Section 6 of this Administrative Code. 3.1.26 No Water Transfers. Water connections may not be transferred from one parcel to another. 3.1.27 Credits for Previous Service. Credits for previous service will not be given if the previous service connection has been eliminated. 3.1.28 Review of Applications. The District shall review all metered connection applications with the exception of single family, duplex, and triplex residential applications. The District review shall include an evaluation of the average day during peak month use and fee requirement. The District may, in its discretion, review single family, duplex and triplex residential applications. 3.1.29 Appeal of Connection Fee Computation. If applicant is dissatisfied with the District's computation of the metered connection fee for water service, the applicant shall follow the District's standard appeal process as provided in Section 6.7. 3.1.30 Annual Flat Rates. Annual flat rates shall have one component: a) Annual Flat Rate Service Charges 3.1.31 Annual Flat Rate Service Charges. Annual Flat Rate Service charges shall be paid by all customers not paying metered customer rates. The water service charges, as established by the Board, are for the following purposes: a) Maintenance of facilities providing water service to existing customers; b) Meeting debt service requirements; c) Paying operating expenses; d) Purchasing or leasing equipment, supplies and materials; e) Funding reserves for replacement facilities. (Refer to Section 3.1.49 - Water Rate Schedule 2.) 3.1.32 Water Capital Improvement Charge. The Water Capital Improvement Charges are established by the Board and are restricted in use to the following purposes: tikw -11 a) Construction or purchase of capital improvements as designated in the 4,000 District's audited financial statements as "Property, Plant and Equipment"; b) Servicing debt related to items referred to in part(a), above; b) Accumulating reserves for future construction or purchase of Capital Improve- ments as designated in the District's audited financial statements as"Property, Plant and Equipment". 3.1.33 Disconnection of Annual Flat Rate Services. Where Annual Flat Rate Services are disconnected due to non-payment Pursuant to Section 6.6 of this Administrative Code, the applicable minimum metered rate, representing fixed costs, shall apply. 3.1.34 Metered Water Rates. Metered water rates shall have three components: a) Metered Water Service Charges. b) Metered Service Capital Improvement Charges. c) Metered Usage Charge. 3.1.35 Metered Water Service Charges. Metered Water Service Charges shall be paid by all metered services except those residential customers whose meters are not being read. M-eTered Water Service Charges, as established by-tile Board,are for the following purposes: a) Maintenance of facilities providing water service to existing customers; a) Meeting debt service requirements; a) Paying operating expenses; b) Purchasing or leasing equipment, supplies and materials; c) Funding reserves for replacement facilities. (Minimum Annual Rate, refer to Section 3.1.50 - Water Rate Schedule 3.) 3.1.36 Metered Service Capital Improvement Charge. The Metered Service Capital Improvement Charges are established by the Board and are restricted in use to the following purposes: a) Construction or purchase of Capital improvements as designated in the District's financial statements as "Property, Plant and Equipment"; b) Servicing debt related to items referred to in part(a), above; c) Accumulating reserves for future construction or purchase of Capital Improve- ments as designated in the District's financial statements as"Property, Plant and Equipment". 3.1.37 Metered Residential Rate. The District shall establish a minimum residential metered rate (3/4") equal to the current 3/4 inch commercial metered rate. 3.1.38 Optional Metered Residential Rate. The metered residential rate shall apply to existing annual flat rate residential customers electing to convert to the metered residential rate and to new owners of residential development wishing to establish a metered residential rate pursuant to Sections 3.1.39, and 3.1.40. 3.1.39 Conversion to Metered Residential Rate Permanent. The election by existing annual flat rate customer to convert a specific service connection to the metered residential rate -12 kir cannot later revert to the annual flat rate. 3.1.40 Residential Meter Installation. The applicant shall be responsible for the cost of installing a meter. Meters shall be of a design approved by the District according to the Ordinances, rules, and regulations and current specifications of the District. 3.1.41 Billing of Metered Residential Rate. The District shall begin billing the metered residential rate on the commencement date for the standard billing cycle, as determined in Section 6.1 of this Administrative Code, following inspection and approval of the meter installation. 3.1.42 Metered Usage Charge. A Metered Usage charge shall be paid by metered customers for the measured volume of water at each metered service connection. The metered usage charges, as established by the Board, are for the following purposes: a) Maintenance of facilities providing water service to existing customers; b) Meeting debt service requirements; c) Paying operating expenses; d) Purchasing or-leasing supplies and nrateriais; - e) Funding reserves for replacement facilities. (Refer to Section 3.1.50 - Water Rate Schedule No. 3.) 3.1.43 Access to Meter. The property owner shall maintain access to the meter at all thiv times. On occasions where access is not possible, the District shall estimate consumption. Estimated use shall be verified during a subsequent meter reading period and any shortfall of use or over estimate of use shall be reflected. 3.1.44 Customer Shutoff Valve. (Reference Ord.No.490-05) A customer shutoff valve shall be installed on new construction on the discharge side of each water meter and on each unmetered water supply. Water piping supplying more than one building on any one premise shall be equipped with a separate customer shutoff valve to each building. Such shutoff valve shall be accessible at all times. In multi-dwelling units, one or more shutoff valves shall be provided for each dwelling unit so that the water supply to that dwelling unit can be shut off without stopping water supply to other dwelling units. These valves shall be accessible to every unit that they control. 3.1.45 Fire Hydrant Permit Fee. A fee for issuing each fire hydrant permit shall be collected from the applicant. (Refer to Section 3.1.55 - Water Rate Schedule No. 8.) 3.1.46 Fire Hydrant Rate. The rate per piece of fire hydrant water using equipment shall be based on the current applicable minimum annual rate per meter established for three inch (3") meters by the District. (Refer to Section 3.1.50.) The minimum rate per piece of water using equipment shall be one-twelfth(1/12) of the minimum annual rate per meter corresponding to -13 one(1) month of use. Thereafter, the rate charged will be based on thirty(30) day increments, with each rate increase being one-twelfth(1/12)of the minimum annual rate per meter. 3.1.47 Charges ConcerninE Main Extensions. The following provisions shall determine the charge to the applicant for a main extension: a) The maximum main extension length for which the applicant will be required to pay shall not exceed the distance from the service connection to the nearest accessible main six inches (6") or larger in diameter with adequate capacity and proper pressure. a) The District shall pay that portion of the cost for a main extension that exceeds the charge for a main two inches (2") in diameter and shall pay the cost of enlarging an existing District main. Where unusual conditions exist, each application will be considered individually and the applicant will be advised of the terms and conditions under which a main extension may be installed. WATER RATE SCHEDULES (Reference Ord.No.483-02/Ord.489-04) ---------- ---- - ------------- 3.1.48 Reimbursement for Fire Hydrant Installations. (Reference Ord.No.496-06/Ord.No.498-07) An Owner, in connection with requesting new or increased domestic water service from the District, shall be eligible for a limited reimbursement for the cost of installing and connecting a fire hydrant(s)to the District's water system. The fire hydrant(s) installation must be required by a fire department having jurisdiction within the boundaries of the District's service area and must not otherwise be required by the District in connection with such domestic water service. An Owner eligible for reimbursement for the cost of installing a fire hydrant(s) shall receive a credit from the District at the time of making application to the District for new or increased domestic water service. The amount of the credit shall not exceed the Water Capacity Charge paid by the Owner to the District in connection with the requested new or increased domestic water service. 3.1.49 SCHEDULE 1 - WATER CONNECTION FEES In accordance with the guidelines in Sections 3.1.24 - 3.1.29 inclusive, water connection fees shall be as follows: a. Water Capacity Charge: 3/4 inch capacity charge $5,024.00 1 inch capacity charge $8,374.00 1 '/z inch capacity charge $16,744.00 2 inch capacity charge $26,791.00 -14 Charges for lateral sizes greater than 2 inch will be determined by the District. b. Private Fire Protection Service. There shall be no water capacity charge for providing private fire protection service when the requirement for a fire service connection is based solely upon the lack of requested flow from the nearest fire hydrant. If a fire service connection is required due to the square footage of the structure, the water capacity charge for private fire protection will be based on a fire connection with a water system of pressure sufficient for fire suppression purposes. c. Private Fire Protection Only Water Service Charge % inch lateral $2,952,00 1 inch-lateral — $4,921,L00- 1 '/2 inch lateral $9,841.00 2 inch lateral $15,746.00 3 inch lateral $31,492.00 4 inch lateral $49,207.00 6 inch lateral $98,413.00 8 inch lateral $177,144.00 10 inch lateral $285,399.00 12 inch lateral $423,178.00 d. Administrative Costs: Actual costs, but not less than$150.00 e. Periodic Adjustments: 36%on January 1, 2008 and on January 1st of each subsequent year until December 31, 2011 except for the water capacity charge for the capacity charge for fire protection only service f. Physical Connection: The applicant shall pay to the District a charge for the physical connection to the District's water system in the following manner: -15 (1) Beginning January 1, 2007, a charge of$750 will be assessed for the physical connection (2) Beginning January 1, 2008, a charge will be assessed on an amount equivalent to the average physical connection costs for a 3/4" service Charges for physical connections to the Main where the water service line size is greater than 3/4" will be charged on an actual time and material basis. 3.1.50 SCHEDULE 2 -ANNUAL FLAT WATER SERVICE In accordance with the guidelines in Section 3.1.30 inclusive, annual flat water service charges shall be as follows: $467.88 a) Single-dwehing_unit – — $831.84- b) Duplex $1,130.16 c) Triplex $1,461.96 d) Fourplex $245.32 e) Each additional dwelling unit Business establishment when serviced from: 1) 3/4 inch connection $711.92 g) One inch connection $1,074.32 3.1.51 SCHEDULE 3 -METERED SERVICE In accordance with the guidelines in Sections 3.1.35 inclusive, metered water service charges shall be as follows: a) 3/4 inch connection $248.16 b) 1 inch connection $341.28 c) 1 1/2 inch connection $591.32 d) 2 inch connection $941.84 e) 3 inch connection $1,875.60 f) 4 inch connection $2,926.20 g) 6 inch connection $5,734.72 h) 8 inch connection $9,170.64 -16 kw i) 10 inch connection $13,180.12 j) All metered consumption will be charged at the rate of Two Dollars Twenty Cents ($2.20)per one hundred (100) cubic feet. 3.1.52 SCHEDULE 4 - SERVICE CHARGES DURING REGULAR HOURS Charges for each service call made during regular working hours shall be the greater of: a) $50.00; or b) The total of actual labor and equipment charges. fikw -17 3.1.53 SCHEDULE 5 - SERVICE CHARGES AFTER REGULAR WORKING HOURS Charges for each service call made after regular working hours shall be the greater of: a) $100.00 or b) The total of actual overtime labor and equipment charges. 3.1.54 SCHEDULE 6- FIRE HYDRANT PERMIT A fee of$50.00 will be collected for issuing a fire hydrant permit. Section 3.2 District's Duty to Maintain and Repair its Waterlines. REPAIR AND MAINTENANCE OF WATERLINES 3.2.1 Purpose. This Section defines the duties and responsibilities of the District —and-its customers;regarding-the-repair-and maintenance of-waterlines-that-are-used lay-the-Distriet- to provide water service to properties within the District's boundaries. 3.2.2 Private Property. The District's responsibility for maintaining and repairing waterlines serving District customer's property ends at either the outlet/downstream side of the curb stop or the edge of the public right-of-way, whichever is closest to the District's main. 3.2.3 Easement. In situations where District customers are served from a main , ad located in a District easement, the District's duty to maintain and repair waterlines for services off of a main located in an easement, ends at the outlet/downstream side of the first valve downstream of the main line which has control of the service connection. 3.2.4 Multiple Business. A waterline, regardless of size, which services more than one customer in a commercial establishment, is the responsibility of the property owner. The District's responsibility ends as defined in Sections 3.2.2 and 3.2.3 as applicable. 3.2.5 District Meter Responsibility. The District shall maintain, install, repair and replace all water meters, risers, boxes and appurtenances. Such duty as described in this Section ends at the meter Tail or Meter Flange located on the outlet side of the meter box or meter pit, depending on the meter type. The property owner shall install, maintain, repair and replace, as necessary, the water service downstream from the outlet of the meter box. The property owner's maintenance, in good repair, of such meter parts shall be subject to the provisions of Section 6.5 of the District's Administrative Code. (Reference Ordinance No.504-08,effective April 3,2008;Reference Ordinance No. 513-09,effective April 5,2009)) 3.2.6 Right of Entry by District. Authorized representatives of the District shall have the right of ingress and egress across any property at reasonable times for any purpose reasonably -18 related to the installation, maintenance, repair, replacement and reading of meters or for servicing Waterlines. (Reference Ordinance No.514-09,effective April 5,2009) 3.2.7 Multiple Residential. Waterlines shall be maintained by the Owner, as defined in the District's Administrative Code, of the property served thereby. Where no Homeowners Association exists for a Common Interest Development, the maintenance of waterlines is the joint and several responsibility of the owners of the property/Dwelling Units served thereby. The District's responsibility for such a waterline is limited by Sections 3.2.2 and 3.2.3, as applicable. (Reference Ordinance No.516-09,effective April 5,2009) Section 3.3 Cross Connection Control. 3.3.1 District's Water System. The water system shall be considered to consist of two parts: The District water system and the water user's system. -a} District=water-system-shall-consist of-the-source facilities and-the-distribution- - - system and shall include the network of conduits used to deliver water and all facilities under the complete control of the District, up to the point where the District's duty to maintain and repair begins, in accordance with Sections 3.2.2 and 3.2.3. thy b) The water user's system shall include those parts of the facilities beyond the termination of the District system which are utilized in conveying water for domestic use. 3.3.2 Policy. No water service connection to any water user shall be installed or maintained by the District unless the water supply is protected, as required by California laws and regulations and this Section 3.3. Service of water to any water user shall be discontinued by the District if a backflow preventer required by this Section 3.3 is not installed, satisfactorily tested, and maintained, or if it is found that a backflow prevention assembly has been removed, or by- passed, or if an uncontrolled cross-connection exists on the property. Service will not be restored until such conditions or defects are corrected in accordance with Sections 3.3.6 - 3.3.10. 3.3.3 Purpose. The purpose of these provisions regarding cross-connection control is: a) To protect the potable water supply of the District from contamination and pollution by isolating contaminants and pollutants which could backflow or back-siphon into the District's water system or the water user's private water system(s). a) To eliminate or control existing or potential cross-connections. a) To systematically and effectively prevent the contamination or pollution of potable water systems. 3.3.4 Responsibility. The District shall be responsible for preventing backflow or -19 back-siphon of contaminants or pollutants through the water service connection. If, in the judgment of the General Manager or other authorized District representative, an approved backflow prevention assembly is required for the protection of the District's water system at the District's water service connection to any water user's property,the General Manager, or other authorized District representative, shall give notice in writing to such water user to install an approved backflow prevention assembly at each service connection to the water user's property. The water user shall install such approved prevention assembly or assemblies at the water user's expense within the time schedule required by the notice. Failure, refusal or inability on the part of the water user to install such assembly or assemblies within the time schedule required by the notice shall constitute cause for the imposition of administrative fines and penalties, or discontinuing water service to the property, pursuant to Section 6.5 and Section 6.6, until such assembly or assemblies have been properly installed. 3.3.5 In,pection. At any reasonable time, authorized representatives of the District may — --inspect the- water user's-system to determine-whether ss-e therstructural-or- --- -- - - - sanitary hazards, including violations of any of the Ordinances, rules, and regulations of the District exist. 3.3.6 Back/low Prevention. An approved backflow prevention assembly shall also be installed on each service connection to a water user's system at or near the property line or immediately inside the building being served; but, in all cases, upstream of the first branch line 44110 leading off the service line wherever the following conditions exist: a) In the case of a water user having an auxiliary water supply which does, or may contain, pollution or contamination, and which is not approved by the General Manager or other authorized representative. If the water user elects to abandon the auxiliary water supply, the backflow control shall not be required under this Section. b) In the case of property on which any industrial wastes, industrial fluids system or any other pollution or contamination is handled in such a fashion as to create an actual or potential hazard to the District system, including the handling of process waters and waters originating from the District system which have been subject to deterioration in quality. c) In the case of property having(1) cross-connections that cannot be corrected and controlled; (2) intricate plumbing and piping arrangements; or(3) where entry to all portions of the property is not readily accessible for inspection purposes, thereby making it impracticable or impossible to ascertain whether or not cross-connections exist. d) Hydronic Heating Systems. The presence of a hydronic heating system will not be considered a condition requiring the installation of a backflow prevention assembly if the system is a"closed loop system"that is not connection to the -20 potable water system for the provision of make-up water. To be considered a closed loop system, exempt from the backflow prevention assembly requirements, the hydronic heating system must have a stand-alone reservoir for make-up water and a double-walled heat exchanger. To be exempt from the backflow prevention assembly requirements, a hydronic heating system must be approved by a District inspector." 3.3.7 Type of Backflow Preventer Required. The type of backflow preventer required under subsections 3.3.6 (c) 1, 2, 3 shall depend upon the degree of hazard which exists as follows: c) In the case of any property where there is an auxiliary water supply as stated in Section 3.3.6(a) which is not subject to the provisions of Sections 3.3.7(b) - 3.3.7(f) , the District system shall be protected by an air-gap or a reduced pressure principle backflow prevention assembly. d) In the case of any property where there is a pollutional hazard, but not a health hazard, if introduced into the District system, the District system shall be protectedby an approved double-check valve or a reduced pressure principle-backflow-prevention assembly. e) In the case of any property where there is any material dangerous to health which is handled in a fashion that creates an actual or potential hazard to the District's water system, including District fire sprinkler systems, the District's water system shall be protected by an air-gap or a reduced pressure principle backflow prevention assembly. Examples of property where these conditions will exist include sewage treatment plants, tank trucks, mobile water using equipment, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries and plating plants. f) In the case of any property where there are uncontrolled cross-connections, the District system shall be protected by an air-gap or a reduced pressure principle backflow prevention assembly at the service connection. g) In the case of any property where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete cross-connection inspection, the District's water system shall be protected against backflow from the property by the installation of a backflow preven- tion assembly at the service connection. In this case, an air-gap or a reduced pressure principle backflow prevention assembly shall be installed at each service connection to the property. h) In the case of interties with other water purveyors without equivalently controlled cross-connections, such intertie will be removed. 3.3.8 Installation. All backflow prevention assemblies shall be installed according to District specifications which shall incorporate the State of California guidelines, as amended, and the most recent edition of the University of Southern California's Foundation for Cross- Connection Control and Hydraulic Research's Manual of Cross-Connection Control. Upon installation of the backflow preventer(s), District Inspectors shall inspect the completed work for kisr -21 compliance with the District's ordinance and specifications. Copies of these guidelines and manual shall be on file at the District's Customer Service Office. 3.3.9 Testing. It shall be the duty of the water user at any property where backflow prevention assemblies are installed to have certified inspections and operational tests performed on such backflow assemblies at least once per year. In circumstances in which the District deems the degree of hazard to be great enough, it may require certified inspections and operational tests at more frequent intervals. These inspections and tests shall be at the expense of the water user and shall be performed by an independent, certified tester as provided by the California Department of Health Services Guidelines. For the purposes of this section, any individual with current California/Nevada Section American Water Works Association General certification or equivalent successor certification, for testing backflow prevention assemblies on file with the District shall be considered a certified tester. The South Tahoe Public Utility District shall revoke the right of the certified tester to test backflow prevention assemblies in the District service area, after a hearing before the General Manager,if he/she shall be found to have obtained a certificate -by fraud-or deceit, or displays negligence,-incompetency, misconduct;or misrepresents orfalsifre - reports in the performance of his/her duties as a Certified Backflow Prevention Assembly Tester. If dissatisfied with the decision of the General Manager, he/she may appeal to the Board by written notice within thirty days. It shall be the duty of the District to see that these inspections and tests are timely made. The water user shall notify the District in advance when the tests are to be undertaken so that the District's Inspector may observe the inspection and tests if so desired. These backflow prevention assemblies shall be repaired, overhauled or replaced, and retested at the expense of the water user whenever they are determined by the District Inspector to be defective, improperly installed or improperly located. Records of inspections and tests, replacement parts, repairs, overhaul and relocation shall be kept by the water user and made available to the District, the El Dorado County Health Department, the owner of the backflow prevention assembly, and the District or independent inspector. All repair and replacement parts shall be equal in quality to those supplied by the manufacturer of the backflow prevention assembly being repaired or replaced. No backflow prevention assembly may be altered in any way from its manufacturer's design, material, or operational characteristics. 3.3.10 Existing Backflow Prevention Assemblies. All existing backflow prevention assemblies which do not meet the requirements of this Section 3.3, but were approved when installed and which have been properly maintained shall, except for the inspection and testing requirements under Section 3.3.9, be excluded from the requirements of the Ordinances, rules, and regulations of the District so long as the District has determined that they will satisfactorily protect the District's system. Whenever an existing backflow prevention assembly is moved from -22 4111, its location, requires more than minimum maintenance, or when the District finds that its maintenance constitutes a health hazard, the unit shall be replaced by a backflow prevention assembly meeting the requirements of the Ordinances, rules, and regulations of the District. Section 3.4 Water Shortage and Drought Response Standards. (Ref.Ordinance No.487-04 effective 4-01-04) 3.4.1 Purpose. The specific provisions of this Section are necessary and proper to conserve water resources and minimize cost to the District and expense to its customers. WATER CONSERVATION STAGES 3.4.2 Water Waste Prohibited. No water user shall waste water or make, cause, or permit the use of water for any purpose contrary to any provision of this Section, or in quantities in excess of the use permitted by the conservation stage in effect pursuant to this Section. Soils should be amended appropriately for the soil conditions, type of vegetation, micro-climates and conditions. With proper lawn and garden maintenance and a properly designed irrigation system, watering three times a week is sufficient. Landscape should be installed in a manner that will reduce the amount of water needed for irrigation. Water for landscape should be applied in a manner that optimizes the use of fertilizer by the landscape and should prevent fertilizer from leaching into the ground water. The conservation stage shall be determined by the General Manager with regard to supply and demand of available water supplies, except that the Board shall determine any conservation stage more restrictive than Stage 3 2. 3.4.3 Stare 1 -Normal Conditions. During a Stage 1 - normal conditions, Water Users shall not waste water and shall abide by the following: a) Water Users shall not allow water to flow over the ground surface or from sprinklers onto impervious surfaces or adjacent property. b) Water Users shall repair all leaks in plumbing and irrigation systems. c) Hoses shall not be used for washing motor vehicles without an automatic shut- off nozzle attached to the hose. Continuous discharge from hose nozzle is prohibited. Notwithstanding any provision in this Section to the contrary, motor vehicles washing may be done at any time, subject to any other applicable laws, on the property of a Commercial Car Wash or service station. Further, such washing is exempted from these regulations where the health, safety and welfare of the public is dependent upon frequent vehicle cleanings, such as garbage trucks and vehicles which transport food. d) All Water Users are encouraged to report to the District all signs or indications of -23 water leaks or water waste. Ned e) The irrigation of non-landscaped, natural vegetation or undeveloped property is expressly prohibited. 1) Designated irrigation days are established: Properties with street addresses ending with an even number shall irrigate on Monday, Wednesday and Friday; and properties with street addresses ending with an odd number shall irrigate on Sunday, Tuesday and Thursday. There will be no irrigation permitted on Saturday. An individual irrigation zone in a property's irrigation system shall not irrigate more than one hour per day, unless the zone is irrigated exclusively by drip or other low-flow irrigation systems. g) Irrigation exclusively utilizing drip or other low-flow systems shall be exempt from designated irrigation days. h) An exemption shall exist under Stage 1 for new lawns planted to comply with the Tahoe Regional Planning Agency's Best Management Practices(BMPs) or, for -_ ——any other reason,as follows: 1)Newly planted sod will be exempt for forty-five (45) days from the date it was installed. 2) Seeded lawns, whether by hydroseed or other means, will be exempt for sixty (60)days from the date of application. 3) Bedding plants, including annuals and perennials, will be exempt for fifteen (15) days from the date of planting. The property owner, or his/her designee, must notify the District verbally or in writing to obtain an exemption for the establishment of new vegetation as outlined above. i) The General Manager may permit extended periods of irrigation of public facilities if: 1) a hand-held hose with an automatic shut-off is used, or 2) a hand-held, faucet filled bucket of five (5) gallons or less is used, or 3) a drip or low-flow irrigation system is used, or 4) daytime use of public facilities prevents irrigation of all zones on the designated days listed above. -24 kor j) Water shall not be used to wash sidewalks, driveways, parking areas, tennis courts, decks, patios or other improved areas, except in conjunction with driveway repair and sealing, or to alleviate immediate fire or sanitation hazards. k)All commercial establishments where food or beverages are provided-should encourage the serving of water to their customers only when specifically requested by the customer. 3.4.4 Stare 2—SiEnificant Water Shortaj'e. During a Stage 2—significant water shortage, Stage 1 applies, and also the following shall apply: a) The filling with water of outdoor swimming pools, which are not covered during periods of non-use, is prohibited. b) The operation of any ornamental fountain or similar decorative water structure is prohibited unless a recycling system is used and_a notice to the public of-such recycling system is mrZettlydisp ayed. -- - -- c) Outdoor irrigation of all vegetation including lawns and landscaping is limited to twice per week, one hour per zone - even number addresses shall irrigate on Monday and Thursday and odd number addresses shall irrigate on Tuesday and Friday -except more frequent irrigation of public facilities may be permitted pursuant to Section 3.4.3(h) and 3.4.12. d) No water shall be used for irrigating landscaping for new construction. 3.4.5 Stare 3 - Water Emergency. During a Stage 3 - Water shortage emergency, Stages 1 and 2 restrictions apply and the Board may designate specific areas for further restrictions as follows: a) The use of water for other than domestic and commercial use is prohibited except irrigation of public facilities may be permitted pursuant to Section 3.4.16. b) The use of water for air conditioning purposes, where an alternate source of fresh air is available, is prohibited. ENFORCEMENT 3.4.6 Enforcement. The General Manager, and other District authorized representatives have the duty and are authorized to enforce all provisions of this Section 3.4. 3.4.7 First Violation. For a first violation within one calendar year, the District shall issue a written warning to the Water User. -25 3.4.8 Second Violation. For a second violation within one calendar year, a fine of $100 for residential customers shall be added to the Water User's bill at the property where the violation occurred; for the second violation within one year, a fine of$500 for commercial customers shall be added to the Water User's bill at the property where the violation occurred. 3.4.9 Third Violation. For a third violation within one calendar year, a fine of-$250 for residential customers shall be added to the Water User's bill at the property where the violation occurred; for the third violation within one year, a fine of$750 for commercial customers shall be added to the Water User's bill at the property where the violation occurred. In addition to the fine, the Board or the General Manager may require installation of a flow-restricting device on the Water User's service connection. 3.4.10 Fourth Violation. For the fourth and any additional violations within one calendar year, a fine of$500 for residential customers shall be added to the Water User's bill at the prnperty wherethe violation occurred;_for a fourth and any additional violations within one year, aline of$1,000101 commercial customers shall be added�o the Water ser's bill at the- property heproperty where the violation occurred. The District may also discontinue the Water User's water service at the property where the violation occurred in accordance with District procedures. Re- connection shall be permitted only when there is reasonable protection against future violations, such as a flow-restricting device on the customer's service connection, as determined at the District's discretion. 3.4.11 District Enforcement Costs. District shall be reimbursed for its costs and expenses in enforcing the provisions of this Section 3.4, including such costs as District incurs for District staff to investigate and monitor the Water User's compliance with the terms of this Section. Charges for installation of flow-restricting devices or for discontinuing or restoring water service, as the District incurs those charges, shall be added to the Water User's bill at the property where the enforcement costs were incurred. ADMINISTRATION 3.4.14 General. The provisions of this Section 3.4 shall be administered and enforced by the District through the General Manager, who may delegate such enforcement to one or more employees or contractors of the District. 3.4.15 Utility Accounts. Accounts shall not be established for new customers, including the transfer of accounts upon change of ownership, until the customer complies with the provisions of this Section 3.4. In pursuing the objectives of this Section 3.4 the General Manager shall seek the cooperation of other utility purveyors within the District's service area. The District -26 will request that other utility purveyors not permit the establishment of new accounts until the customer complies with the provisions of this Section 3.4. 3.4.16 Discretionary Exemptions. The Board may, in its discretion, exempt Water Users and individual facilities of Water Users from the provisions of this Section 3.4, or impose reasonable conditions in lieu of compliance with this Section 3.4, if the Board finds that any of the following conditions exist: a) Hardship. The requirements of this Section would cause an unnecessary and undue hardship upon the Water User, the Water User facility or the public. b) Health and Safety. Strict compliance with the requirements of this Section 3.4 would create an emergency condition, as determined by the Board or other governmental entity with appropriate jurisdiction, affecting the health, protection or safety of the Water User or the public. c) No Impact on Water Use. The granting of the exemption or imposition of reasonable conditions in lieu of compliance with this Section 3.4 would not - -- increase the_quantity of-water consumed by the Water User-or_otherw'sP adversely- _-___ __ affect service to other Water Users. In granting any such relief, the departure from the requirements of this Section 3.4 shall be limited to the minimum necessary to address the circumstances upon which such departure is required by a Water User. 3.4.17 Appeals. Any customer or applicant for a variance permit may appeal any decision under this Section 3.4 in accordance with Section 6.7. REQUIREMENTS FOR NEW CONSTRUCTION 3.4.18 Mandatory Fixtures. Low water use plumbing fixtures are mandatory for all new construction and any remodeling which involves the installation of new or additional plumbing fixtures. The low water use plumbing fixtures installed pursuant to this Section 3.4.18 shall not be replaced with fixtures which allow greater water use. Section 3.5 Declining Groundwater Levels. (Ref.Ord.500-07) 3.5.1 Policy and Purpose. The purpose of this Section 3.5 is to regulate, manage, conserve and protect the District's ongoing water supply in such a manner that the District's water supply, including but not limited to the groundwater resources within the boundaries of the District, will remain a viable resource to be put to the most efficient and beneficial use by the District and its inhabitants, while also safeguarding the health and safety of the District's inhabitants. The District is responsible for managing the groundwater within its boundaries and is -27 dedicated to preserving the quantity and quality of its groundwater resources. In response to declining groundwater levels within the District's boundaries, the District intends to authorize District water service to persons who are currently utilizing wells on their property for domestic uses and are experiencing a loss in their well production and/or deteriorating water quality. The District is aware that many factors can cause or contribute to a loss of production and/or deteriorating water quality in wells including declining water levels associated with droughts, or mechanical problems, age or construction design of the well. Matter of District policy the District desires to offer these well owners District water service as a reliable and cost effective source of supply to mitigate any potential adverse effects, which may be attributable to declining groundwater levels. 3.5.2 Authorization of District Service. The District shall provide requested water service under reasonable terms and conditions through_the District's water distribution system to persons who are currently utilizing and extraction facility on their property for the extraction of groundwater for domestic uses in identified areas of potential declining groundwater levels and who are experiencing, or have experience, a loss of production and/or deterioration in water quality in their wells at any time during the period from July 19, 2007 to July 19. 2015 and who make a showing that 1)their existing wells which have been in operation on or after July 19, 2007, are located within the radius of influence of the District's Municipal Wells; and 2)the loss VIO of production and/or deterioration in water quality was caused or contributed to by the groundwater extraction activities of the District. The District shall have the right to enter upon any property at any reasonable time to make examinations for the purpose of verification of loss of production and/or deterioration in water quality, subject to the provisions of Code of Civil Procedure section 1822.50,et. seq. The District may subsequently revise and extend this time period based upon the results of hydrogeologic studies and investigations prepared by, or on behalf or, the District. The District shall provide the requested water service to these private well owners' subject property of comparable quantity and quality in accordance with the District's rules and regulations. The District shall provide requested water service to these private wells owners' subject property at no cost to the owner of the subject property for the No-Cost Service Period following the date of connection to the District's water distribution system. The No-Cost Service Period shall be determined on a property-by-property basis and shall be equivalent to the difference between 50 years and the age of the extraction facility, in years, in existence on the Subject Property as of July 19, 2007. Thereafter, the District shall charge the owner of the Subject Property the then prevailing rate for District water service as provided in the applicable District rules and regulations. Alternatively, the Property owner may elect that the District -28 kir establish a five thousand dollar($5,000) credit for water service to the subject property. The District has determined that, with the incorporation of the No Cost Service Period or a water service credit, the property owner's costs of receiving water service from the District over the remaining useful life of the extraction facility on his or her property are comparable to the cost to the property owner of extracting groundwater for domestic uses from an extraction facility on his or her property. 3.5.3 Connection Fees and Costs; Contents,Decision. Any person currently extracting groundwater for domestic uses, who is experiencing,or has experienced, a loss of production and/or deterioration in water quality in his or her extraction facility at any time during the period from July 19, 2007 to July 19, 2015, and makes a showing that the loss of production and/or deterioration in water quality was caused or contributed to by the groundwater extraction activities of the District may apply to the District for a connection fee exemption and reimbursement of connection costs. The District shall reimburse the licensed contractor employedby those persons who make such aswing for all reasonable costs associated with connection to the District's water distribution, including but not limited to the construction of pipeline laterals, installation of meters, and destruction of the well(s) on the subject property. This exemption and reimbursement shall not apply to persons extracting groundwater for industrial uses or to persons extracting groundwater for combined industrial and cosmetic uses where the industrial use is the predominant (greater than 70%) use. 3.5.4 Application for Connection Fee Exemption and Reimbursement of Connection Costs. A. Application for a connection fee exemption and reimbursement of connection costs shall be made in writing on such form as may be prescribed by the District, signed by the applicant and shall include the following: 1. Applicant's name and address. 2. Location of the subject property for which the exemption and reimbursement is sought, including the street address and assessor's parcel number(s). 3. Description of the legal interest the applicant has in the subject property (i.e., owner) and the name and address of the owner of the subject property if the applicant is not the owner. 4. A detailed description of the extraction facility(ies) located on the subject property. Such description shall include, if known: a) Date when loss of productivity and/or deteriorating water quality was first experienced; b) Depth of the well; kor -29 c) Perforation intervals; Nordd) Date of construction; e) Casing size; f) Flow rate; g) Static water level; h) Physical condition of the well; i) Proximity to District's municipal wells; j) Any other information as the District may deem necessary in order to determine whether an exemption or reimbursement should be granted. The District shall have the right to enter upon any property at any reasonable time to make inspections and examinations for the purpose of verification of the information provided in the applicant's description of the extraction facility (ies), subject to the provisions of Code of Civil Procedure section 1822.50, et seq. B. Each application for a connection fee exemption or reimbursement of connection costs shall be reviewed and evaluated for approval by the District's General Manager or his or her designee as soon as practicable after the application is filed in proper form. 3.5.5 Prohibitions. A. Pursuant to District Ordinance No.394 establishing control of cross-connections in order to protect the public potable water supply of the District and to promote the elimination or control of existing cross-connections, and as a condition to the provision of District water service, it shall be unlawful for any property located within the District to receive water service from the District and concurrently receive water supplied from a water well located on the subject property or a water well located on any other property located within the boundaries of the District. B. The prohibition of subsection(A) of this section does not apply to any property that, as of the effective date of Ordinance No. 500-07, is receiving water service from the District and concurrently receiving water from an active well located on the subject property in compliance with Ordinance No. 394 establishing control of cross-connections. 3.5.6 Variance Permits; Contents,Hearin',Decision. Any person seeking to supply a subject property from two or more supplies of water, one of which is from the District, must receive prior approval from the District by applying for a variance permit. 3.5.7 Application for Variance Permit. -30 4111, A. Applications for a variance permit shall be made in writing to the District on such form as may be prescribed by the District, signed by the applicant and shall include the following: 1) Applicant's name and address. 2) Location of the subject property to which the concurrent water supply is sought, including the street address and assessor's parcel number(s). 3) Description of the legal interest the applicant has in the subject property (e.g., owner) and the name and address of the owner of the subject property if the applicant is not the owner. 4) A description of the water supply sources, other than the District; from which the subject property will be supplied in compliance with Ordinance No. 394 establishing control of cross-connections. The costs of the required backflow preventer under Ordinance No. 394 shall be borne by the applicant. Oiliw B, Each application for a variance permit shall be reviewed and evaluated for approval by the District's General Manager or his or her designee as soon as practicable after the application is filed in proper form. C. The issuance of a variance permit hereunder shall be deemed a discretionary act and issuance shall be in the sole discretion of the District given the standards and policies set forth under this Ordinance. In approving discretionary permits, the District's General Manager or his or her designee is hereby authorized to impose any reasonable conditions, modifications, or limitations on any part of the application which are deemed necessary to eliminate or substantially mitigate any significant adverse impact on the environment, the District groundwater resource, and any other District water supply sources, for the health and safety of the inhabitants of the District and otherwise carry out the purpose and goals of this Ordinance. As a discretionary act, issuance of a variance permit requires compliance with the California Environmental Quality Act (Public Resources Code sections 21000, et seq.). The District's General manager or his or her designee may determine whether the applicant's existing well is subject to a categorical exemption pursuant to California Code of Regulations, title 14, section 15301 (CEQA Guidelines section 15301). D. As a condition of the issuance of a variance permit by the District, a release shall be given by the applicant to the District relinquishing all existing and future claims against the -31 District related to quantity and/or quality of the water the applicant receives from the well or wells on the subject property or water well or wells located on any other property within the boundaries of the District. The release shall be on such form as may be prescribed by the District and shall be submitted concurrently upon the District's issuance of a variance permit. The release touches and concerns and runs with the subject property and shall be recorded by the District with the County Recorder's Office. 3.5.8 Application Review. Each application for a variance permit shall be reviewed and evaluated for approval by the General Manager within ten(10)days after the completed application is received by the District. 3.5.9 Issuance of Variance Permit Discretionary. The issuance of a variance permit shall be deemed a discretionary act and issuance shall be in the sole discretion of the District in accordance with the standards and policies set forth under this Section 3.5. In approving discretionary permits, the General Manager is authorized to impose any reasonable conditions, � __- _______._�c't .orlimitations-oc- ny-_nal't_ 1]eri*whisii nra deemed neeessar�te-eli-eliminate or_._._____ substantially mitigate any significant adverse impact on the environment, District groundwater resources, and any other District water supply sources, for the health and safety of the water users of the District and otherwise to carry out the purpose and goals of this Section 3.5. As a discretionary act, issuance of a variance permit requires compliance with the California Environmental Quality Act(Public Resources Code Sections 21000, et seq.) The General Manager may determine whether the applicant's existing well is subject to a categorical exemption pursuant to California Code of Regulations, Title 14, Section 15301 (CEQA Guidelines Section 15301), or its successor provision. 3.5.10 Condition of Variance Permit. As a condition of the issuance of a variance permit by the District, a release shall be given by the applicant to the District relinquishing all existing and future claims against the District, whether known or unknown, related to quantity and/or quality of the water the applicant receives from the well or wells on the subject property or well or wells located on any other property within the boundaries of the District. The release shall be in a form prescribed by the District and shall be submitted concurrently upon the District's issuance of a variance permit. The release touches and concerns and runs with the subject property and shall be recorded by the District with the County Recorder's Office. 3.5.11 Permit Expiration, Renewal. A. Every variance permit issued pursuant to Ordinance No. 500-07 expires upon the date specified in the permit or upon the abandonment and/or destruction of the applicant's well. -32 B. Should the conditions on the subject property so warrant, the variance permit may be renewed by filing a new application for a variance permit in accordance with the provisions of Ordinance No. 500-07. There is no limit to the number of times a variance permit may be issued for the subject property should conditions so warrant. 3.5.12 Suspension or Revocation. A. The District may suspend or revoke a variance permit issued under Ordinance No. 500-07 whenever the District determines that a permit condition or term has been violated or that an applicant has misrepresented any material fact in the application for a variance - - ----permit. B. Before the District suspends or revokes a variance permit, the District shall make reasonable effort to notify the applicant, to allow the applicant an opportunity to show good cause why the permit should not be suspended or revoked. C. Upon notification by the District that the permit is suspended or revoked, the District may terminate District water service to the subject property. 3.5.13 Appeals from Denial,Suspension, Revocation. Any person whose application for a permit has been suspended, revoked or denied may appeal to the Board of Directors in writing within ten(10) days after notice of such suspension, revocation or denial. Said appeal shall specify the reasons therefore and shall be accompanied by a filing fee, if any, as established by the Board. The Clerk of the Board of the District shall set the appeal for hearing and shall give notice to the appellant and the appropriate District personnel of the time and place of the hearing. 3.5.14 Liability for Violations. Any person violating any of the provisions of the Ordinances, rules or regulations of the District shall become liable to the District for any expense, loss or damage occasioned by the District by reason of such violation. -33 Section 3.6 Methyl Tertiary Butyl Ether(MTBE) Contamination Fund. (Reference Ord.No. 482-02) 3.6.1 Policy and Purpose. The purpose of this section is to restrict the use of funds received by the District from MTBE contamination settlements and judgement(s) for use in addressing damages caused by MTBE contamination of groundwater resources and the Water System. It is essential that the District manage these financial resources to ensure that these funds are available to address damages caused by MTBE contamination, now and in the future. 3.6.2 Separate Accounting Fund. The funds collected by the District as a result of action titled South Tahoe Public Utility District v. ARCO Chemical Company, et al., San Francisco County Superior Court Case No. 999128 (Action), whether from settlements, judgments or otherwise, shall be restricted by the District for uses described in section 3.6.3, below. The Chief Financial Officer of the District shall establish a separate accounting fund within the Water Enterprise Fund for funds received-from the Action. Tseparate accounting—--- ---- -- fund shall be titled the MTBE Contamination Fund. 3.6.3 Use of MTBE Funds. The funds received by the District from the action shall be deposited in the MTBE Contamination Fund and used solely and exclusively for the costs and expenses associated with addressing changes from MTBE Contamination of groundwater resources and the Water System. These costs and expenses include, but shall not be limited to, the following: a. Capital costs for land, improvements to land, easements, buildings, building improvements, wells, replacement water supplies, water lines, vehicles, machines, equipment, and all other tangible or intangible assets that are used in operations; b. Operating costs such as public and private utility costs, chemicals and other supplies, consulting costs, lobbying, legal expenses and fees, and laboratory costs and supplies; c. District staff labor and related overhead costs; d. All costs related to borrowing of funds such as interest expense, loan fees and similar customary costs; and, e. Other related costs and expenses as determined by the District. -34 Notwithstanding the use limitations described in this Section 3.6.3, during Fiscal Year 2009/10, by no less than an affirmative vote of four of the District's five Board of Directors, the Water Fund may borrow up to $1,100,000 from the MTBE Contamination Fund to complete certain waterline replacement projects identified by the District. All funds borrowed will be repaid, along with accrued interest, subject to terms approved by no less than an affirmative vote of four of the District's five Board of Directors. 3.6.4 Annual Report. The District shall prepare an annual report on the status of the MTBE Contamination Fund. The report shall include, in addition to those matters required by Generally Accepted Accounting Principles, a detailed description of the funds actually used or committed to be used over the past year, estimated budget for anticipated uses of the funds for the period consistent with the District's Five-Year Forecast, and any other related information the District determines reasonable or necessary. The report shall be presented to the District's Board of Directors during a noticed regular public meeting of the District's Board of Directors as part of the normal annual budget process. 3.6.5 Rules and Regulations. The District shall have the authority to promulgate rules, regulations and procedures to implement and carry out the intent and purpose of this section, provided such rules, regulations and procedures are consistent with this section. 3.6.6 Amendment/Modification/Termination. This Section 3.6 may be amended, modified or terminated by the District at any time after its adoption by no less than an affirmative vote of four of the District's Board of Directors. Amendments, modifications or termination shall be considered and approved, or disapproved, only at a noticed regular public hearing by the District's Board of Directors. -35 k SECTION 4 SEWER 1104 Section 4.1 General Provisions 4.1.1 Rules and Regulations. 4.1.2 Purpose 4.1.3 Failure to Use Public Sewer Unlawful. 4.1.4 Plumbing, Inspection, Compensation. 4.1.5 Powers and Authorities of Inspectors. 4.1.6 Right of Entry by District. 4.2 Sewer Permits 4.2.1 Sewer Permit Required. 4.2.2 Grant of Permit by Board Optional. 4.2.3 Class of Permits. 4.2.4 Plans, Profiles,and Specifications Required. 4.2.5 Special Power of Attorney. 4.2.6 Agreement. -- .2 � — e • • - .. :- 4.2.8 Fees and Connection Charges. 4.2.9 Permits for Sewers Outside District Jurisdiction. 4.2.10 Time Limits On Sewer Permits. 4.2.11 Easements or Right-of-Way. 4.2.12 Street Excavation Permit. 4.3 Public Sewer Specifications 4.3.1 Design and Construction Standards. 4.3.2 Separate Sewers. 4.3.3 Connection to Public Service. 4.3.4 Control Manholes. 4.3.5 Sewer Materials. 4.3.6 Minimum Size and Slope. 4.3.7 Sewer Too Low. 4.3.8 Sewer Lateral. 4.3.9 Existing Sewer Laterals. 4.3.10 New Construction. 4.3.11 Remodeling, Additions, Change of Use. 4.3.12 Purpose of Requirement of Backwater Prevention Device 4.4 Public Sewer Construction 4.4.1 Compliance With Local Regulations. 4.4.2 Construction Requirements. 4.4.3 Liability. 4.4.4 Persons Authorized to Perform Work. 4.4.5 Grade Stakes. 4.4.6 Joints and Connections. -1 4.4.7 Protection of Excavation. kisv 4.4.8 All Work To Be Inspected. 4.4.9 Notification. 4.4.10 Inspection. 4.4.11 Condemned Work. 4.4.12 As-Built Drawings. 4.5 Sewer Fees, Rates and Schedules 4.5.1 All Costs Paid By Owner. 4.5.2 Fees for Sewer Connection. 4.5.3 Fees and Bond for Public Sewer Construction. 4.5.4 General Rates - Sewer Service. 4.5.5 Special Charges. 4.5.6 Schedule of Units. 4.5.7 Schedule 1. 4.5.8 Schedule 2. 4.5.9 Schedule 3. 4.5.10 Schedule 4. -k5 . 4.5.12 Schedule 6. 4.6 Use of Public Sewers 4.6.1 Sewer Required. 4.6.2 Unlawful Deposit. 4.6.3 Occupancy Prohibited. 4.6.4 Application for Sewer Permit. 4.6.5 Abandonment of Private Facilities. 4.6.6 Duty of Sewer Service User to Report. 4.6.7 Unreported Connections and Discharges. 4.6.8 Disposal of Wastes. 4.6.9 Drainage into Public Sewers Prohibited. 4.6.10 Treatment of Wastes Required. 4.6.11 Types of Waste Prohibited. 4.6.12 Preliminary Treatment of Wastes. 4.6.13 Grease Interceptors/Traps Required. 4.6.14 Special Agreements. 4.6.15 Protection from Damage. 4.6.16 Construction or Location of Improvements. 4.7 Maintenance and Repair of Sewers 4.7.1 Measurements and Tests. 4.7.2 Maintenance of Sewer Laterals. 4.7.3 Maintenance of Pretreatment Facilities. 4.7.4 Maintenance of Grease Interceptors/Traps. 4.7.5 Procedures for Handling Stoppages in Sewer Laterals. 4.7.6 Emergency Repairs by District. -2 L 4.7.7 Reimbursement of District. 4.8 Sewer Capacity 4.8.1 Schedule of Sewer Units. 4.8.2 Current Equity. 4.8.3 Rate Relief for Excess Sewer Units. 4.8.4 Authority. 4.8.5 Inspection. 4.8.6 Existing Demand. 4.8.7 Application. 4.8.8 Payment. 4.8.9 Attributes. 4.8.10 Transfer of Attributes. 4.8.11 Transfer of Sewer Capacity. 4.8.12 Transfer of Equity. 4.8.13 Costs of Transferring Sewer Capacity. 4.8.14 Conditions to Transfer. 4.8.15 Additional Procedures. -3 Section 4.1 General Provisions. 4.1.1 Rules and Regulations. The following rules and regulations respecting sewer construction, disposal of sewage, drainage of buildings and connection to the sewer works of the District are adopted. All related work shall be performed according to the Uniform Plumbing Code or as otherwise specified herein. 4.1.2 Purpose. This Section is intended to provide certain minimum standards, pro- visions and requirements for design, methods of construction, and use of materials in sanitary sewage facilities, and in side sewers hereafter installed,altered or repaired. This Section shall not apply retroactively and, in the event of an alteration or repair hereafter made, it shall apply only to the new materials and methods used. This Section is also intended to provide a schedule of annual charges for sewer services, payable in advance. 4.1.3 Failure to Use Public Sewer Unlawful. Following the effective date of this Section 4, it shall be unlawful for any person to connect, construct, install, provide, maintain or use any other means of sewage disposal from any building in the District except by connection to a public sewer in the manner as provided in this Section 4. 4.1.4 Plumbing,Inspection, Compensation. The Board shall employ the General Manager to perform the duties of inspecting the installation, connection, maintenance and use of all sewer laterals and plumbing, sewerage, sanitary drainage work and related facilities within the boundaries of the District. The General Manager may assign such inspection duties to his/her designee. 4.1.5 Powers and Authorities of Inspectors. The officers, inspectors and any duly authorized employees of the District shall wear or carry evidence establishing his or her position as such and upon exhibiting the proper credentials and identification shall be permitted to enter in and upon any and all buildings, industrial facilities and properties for the purposes of inspection, reinspection, observation, measurement, sampling, testing or otherwise performing such duties as may be necessary for the enforcement of the provisions of Ordinances, rules and regulations of the District. 4.1.6 Right of Entry by District. Authorized representatives of the District shall have the right of ingress to and egress from a customer's property at reasonable hours for any purpose reasonably related to this Section 4, and all Ordinances, rules, regulations, and specifications of the District duly adopted or amended. Section 4.2 Sewer Permits. 4.2.1 Sewer Permit Required. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance, perform -4 any work on any sewer or drainage system or construct a sewer lateral without first obtaining a written sewer permit from the District and paying all required fees and connection charges. The application for a sewer permit shall be on a form approved and provided by the District. 4.2.2 Grant of Permit by Board Optional. The granting of such permit shall be optional with the Board. 4.2.3 Classes of Permits. There shall be two (2) classes of permits, as follows: (a) Sewer lateral construction permit. (b) Public sewer construction permit. 4.2.4 Plans, Profiles, and Specifications Required. The application for a permit for public sewer construction shall be accompanied by complete plans, profiles and specifications prepared by a Registered Civil Engineer showing all details of the proposed work based on an accurate survey of the ground and complying with all applicable provisions of the Ordinances, rules and regulations of District. The application, together with the plans, profiles and specifications, shall be examined by the General Manager or his/her designee who o shall approve - hem-a�submitted-er require t em to be modified as he/she deems necessary for proper installation. After examination by the General Manager, or his/her designee, the application, plans, profiles and specifications shall be submitted to the Board at its next regular meeting for its consideration. When the Board is satisfied that the proposed work is proper and the plans, profiles and specifications are sufficient and correct, it shall order the issuance of a permit predicated upon the payment of all connection charges, fees, and furnishing of bonds as may be required by the District. The permit shall prescribe such terms and conditions as the Board finds necessary in the public interest. 4.2.5 Special Power of Attorney. The legal owner of record of a parcel of real property may give an acknowledged Special Power of Attorney to any person for the purpose of applying to the District for a sewer permit. 4.2.6 Agreement. The application for a sewer permit, as set forth in Section 4.6.4, shall constitute an agreement to comply with all of the provisions, terms and requirements of the Ordinances, rules and regulations of the District, and with the plans and specifications filed with the application, if any, together with such corrections or modifications as may be made or permitted by the District. Such agreement shall be binding upon the applicant and may be altered only by the District upon the written request for the alteration by the applicant. 4.2.7 Compliance With Permit After approval of the application, as evidenced by the issuance of a sewer permit, no changes shall be made in the occupancy, use, location, grade, materials or other details from those described in the permit or as shown on the plans and specifications for which the sewer permit was issued without the express written permission from the District, the District Inspector, or other authorized representative, or the filing of a new application. -5 4.2.8 Fees and Connection Charges. All connection charges, fees and other charges in the District, and in areas annexed thereto as set forth in the Ordinances, rules and regulations of the District, shall be paid and complied with in the manner provided in said Ordinances, rules and regulations. All fees collected on behalf of the District shall be deposited with the proper authority, as determined by the District, to receive such funds. 4.2.9 Permits for Sewers Outside District Jurisdiction. A permit shall not be granted to connect any lot or parcel of land outside or excluded from the District to any public sewer in or under the jurisdiction of the District unless a petition for annexation is filed with the Clerk of the District. All provisions of annexation to the District, as heretofore or hereafter fixed, shall be prior to issuing a sewer permit. All sewer work constructed shall be inspected in accordance with Sections 4.4.8 and 4.4.10. 4.2.10 Time Limits On Sewer Permits. A sewer permit for construction of a public or sewer lateral shall be null and void: a) If construction project is not accepted by County or City for the proposed --line _.. :. , ;_ -: by the sewer; or — b) If the County or City voids or cancels either the application or permit for con- struction of the proposed improvement to be served by the sewer. 4.2.11 Easements or Right-of-Way. In the event that an easement is required for the extension of the public sewer or the making of connections, the applicant shall procure and have accepted by the Board a proper easement or grant of right-of-way as determined by the District to allow the laying and maintenance of such extension or connection. 4.2.12 Street Excavation Permit A separate permit must be secured by owners or contractors intending to excavate in a public street for the purpose of installing or repairing sewers or making sewer connections from the State, County, City or any other public entity with appropriate jurisdiction. Section 4.3 Public Sewer Specifications. 4.3.1 Design and Construction Standards. Minimum standards for the design and construction of public sewers within the District shall be in accordance with the applicable provisions of the Ordinances, rules, regulations and with the current District specifications for public sewer construction. The District may permit modifications or may require higher standards as conditions dictate, in the District's discretion. 4.3.2 Separate Sewers. Except as otherwise provided herein, each Dwelling Unit or Building under separate ownership or on a separate parcel must be separately connected with a public sewer if such public sewer exits in the street upon which the property abuts or in an easement which will serve said property. -6 4.3.2.1 Common Ownership. Two or more Dwelling Units or Buildings under common ownership and on the same lot or parcel of land shall be connected through the same connection to a public sewer,provided, however, that the District may limit the number of Dwelling Units or Buildings under common ownership that may be connected by one service connection. 4.3.2.2 Subdivided Parcel. Except as provided in Section 4.3.2.3, when a parcel provided with a service connection to a public sewer is subdivided, that service connection shall be designated to the lot or parcel from which it connects to the District's system, and each other lot or parcel shall require a new service connection. 4.3.2.3 Multiple Service. A Common Interest Development, which consists of two or more assessors' parcels, and is or will be managed by a Homeowners Association, shall install and maintain one service connection, provided, however, that the District may limit the number of Dwelling Units that may be connected through one service connection or device. A Common Interest Development,which consists of two or more assessors' parcels and is not or will not be managed by a Homeowners Association, shall install and maintain a separate service connection to each Dwelling Unit within the development. The developer of a Common Interest Development may elect, at his or her cost, to have installed and maintained a separate service connection for each Dwelling Unit-within the development:- In such case,the developer shall be -responsible for securing to the District all access easements the District deems necessary, prior to connection to the District's sewer system. 4.3.2.4 Existing Sewer Connections. All sewer connections, existing as of the effective date of Ordinance 516-09, which do not meet the requirements of this Section 4.3.2, but were approved when installed and have otherwise been in compliance with the District's rules and regulations, shall be excluded from the requirements of this Section until the occurrence of a "qualifying event." The following events shall be considered qualifying events requiring compliance with Section 4.3.2: (a) application for new sewer service, (b) request for a change of account name, (c)the District's receipt of notification from the County of El Dorado, City of South Lake Tahoe, or an applicant, that application has been made for a building permit, (d) in the case of a Common Interest Development for which, pursuant to section 6.2.1, a Homeowners Association is responsible for payment of District sewer bills, the dissolution of that Homeowners Association; or(f) any other requested modification of sewer service to the Common Interest Development. 4.3.3 Connection to Public Sewer. The connection of the sewer lateral into the public sewer shall be made at the lateral or"Y" or"T" branch, if such lateral or"Y" or"T" branch is available at a suitable location. Where no"Y" or"T"branch is available, a neat hole may be cut into the public sewer to receive the sewer lateral with entry in the downstream direction at an angle of about forty-five degrees (45°). A wye saddle shall be used for the connection and in no case shall the pipe protrude inside the main sewer. The invert of the sewer lateral at the point of connection shall be made and the connection made secure. The connection to the public sewer shall be made in the presence of the District Inspector and under the District Inspector's supervision and direction and in accordance with the applicable provisions of the Ordinances, -7 rules,regulations and the District's current specifications for sewer construction. Any damage to thw the public sewer shall be repaired at the expense of the applicant to the satisfaction of the District Inspector. 4.3.4 Control Manholes. When required by the District, the owner of any property served by a sewer lateral carrying industrial wastes shall install a suitable control manhole to facilitate observation, sampling and measurement of wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the District. The manhole shall be installed by the owner at his expense and shall be maintained by the owner so as to be safe and accessible at all times. 4.3.5 Sewer Materials. The sewer lateral shall be cast iron soil pipe, meeting current applicable standards; or other suitable material established and incorporated by the District into current specifications for sewer construction. Joints shall be of the same material and shall be tight and waterproof. 4.3.6 Minimum Size and Slope. The size and slope of the sewer lateral shall be subject to the approval of the Inspector, but in no event shall the diameter be less than four (4) inches. The slope of such 4-inch pipe shall be not less than one-fourth(1/4) inch per foot. 4.3.7 Sewer Too Low. In all buildings in which any sewer lateral is too low to permit gravity flow to the public sewer, sanitary sewage carried by such sewer lateral shall be lifted by artificial means, approved by the District Inspector, and discharged to the public sewer at the expense of the owner. 4.3.8 Sewer Lateral. Whenever possible the sewer lateral should be brought to the building at an elevation below the basement floor. No sewer lateral shall be laid parallel to or within three(3) feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The sewer lateral shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only approved fittings of the same material. 4.3.9 Existing Sewer Laterals. Existing sewer laterals may be used in connection with new and/or remodeled buildings only when such existing sewer lateral are determined by the District to have passed a current air test, or an air test conducted within the prior ten(10) years. If the air test fails in the lower lateral, the District will perform a CCTV inspection and repair any major structural damage or blockages and/or place into the Asset Management System for minor structural damage or repair. If the air test fails in the upper lateral, the owner shall repair ore replace upper lateral piping and air test pipe again. After the lateral passes inspection, either by air test or CCTV inspection, it will be certified for ten(10) years from the date of the inspection. (Reference Ordinance No.507-08 effective June 1,2008) 4.3.10 Sewer Laterals for New Construction. After installation of the upper sewer lateral by the property owner, the upper lateral shall pass an air test. If the air test fails, the owner kior -8 shall repair or replace the lateral and air test the pipe again. The District will perform a CCTV inspection of the lower sewer lateral and repair any major structural damage or blockages and/or place into the Asset Management System for minor structural damage or repair. After the lateral passes inspection,either by air test or CCTV inspection, it will be certified for ten(10) years from the date of the inspection. (Reference Ordinance No.507-08 effective June 1,2008) 4.3.11 Remodeling,Additions, Change of Use. At the time of Remodeling, all new plumbing fixtures shall be Low Water Use Plumbing Fixtures. These fixtures shall be installed and maintained and shall not be replaced with fixtures which allow greater water use. 4.3.12 Purpose of Requirement of Backwater Prevention Device. (Reference Ordinance No. 510-08,effective July 3,2008)When stoppages occur in sanitary sewers, there exists the potential of adverse public and private health impacts and damage to property resulting from sewage overflow and back flooding on public and private property. It is the purpose of Section 4.3.12 to protect the health and safety of residents of the District and to minimize the possibility of damage to property by requiring_the proper installation and_maintenances£hackwateLpreventiondevices when deemed necessary by District personnel. Such devices shall be installed in accordance with District specifications. A. Maintenance Requirements. All backwater prevention devices shall be maintained so as to provide for their continuing function as designed. All backwater prevention devices shall be accessible at all times and shall be free from any obstructions, including, but not limited to, rocks, soil, vegetation, snow, landscaping, concrete, asphalt or other ground coverings that may impair the function of and accessibility to the device. B. Failure to Follow Backwater Prevention Device Requirements. Any property owner who has failed to install or maintain a backwater prevention device at the direction of the District shall be responsible for all damage that results from the lack of such a device, or the failure of the defective device to prevent such damage. A property owner may only refuse to install or maintain a backwater prevention device, contrary to the direction of the District, upon the execution of a recordable acknowledgement of the property owner's assumption of the risk and waiver of liability against the District for all overflows impacting the property for which the property owner refuses to install the device. Once executed, the waiver and assumption of risk shall be recorded with the El Dorado County Recorder's Office so as to become part of the property's chain of title. Section 4.4 Public Sewer Construction. 4.4.1 Compliance With Local Regulations. Any person constructing a sewer within a -9 sed street shall comply with all State, City and County laws, ordinances, rules and regulations per- taining to the cutting of pavement, opening, barricading, lighting and protecting of trenches, back- filling and repaving thereof and shall obtain all permits and pay all fees required by the public entity having jurisdiction prior to the issuance of a permit by the District. 4.4.2 Construction Requirements. Construction and inspection of sewer laterals shall be in accordance with all applicable requirements of the County, the City, State of California,and provisions of the Ordinances, rules, regulations, and current specifications for sewer construction. 4.4.3 Liability. The District and its directors, officers, agents and employees shall not be liable for any injury or death to any person or damage to any property arising during or arising out of the performance of any work by any applicant. The applicant shall indemnify, defend and hold harmless the District, its directors, officers, agents and employees from and against any and all liabilities, losses, claims, damages,costs and expenses caused by, arising from or related to sewer construction or other related work performed pursuant to this Section 4.4, including but not -----_ _-- limitedto, any_and allattorneys%_paralegaLand_expertfees and expenses,-except_where.caused-by the active negligence, sole negligence, or willful misconduct of the District. Applicant shall be solely liable for any defects in the performance of applicant's work or any failure which may develop in such work. 4.4.4 Persons Authorized to Perform Work. Only licensed contractors shall be authorized to perform the work of public sewer construction within the District. All terms and conditions of the permit issued by the District to the applicant shall be binding on the contractor. The requirements of this Section shall apply to sewer laterals installed and/or connected to public sewer construction. 4.4.5 Grade Stakes. Grade and line stakes shall be set by a Registered Land Surveyor or applicably Licensed Civil Engineer prior to the start of construction on any public sewer. The contractor shall be responsible for accurately transferring grades to grade bars and sewer invert. 4.4.6 Joints and Connections. All excavations required for the installation of a sewer lateral shall be open trench work unless otherwise approved by the District. Pipe laying and backfill shall be performed in accordance current applicable standards, except that no backfill shall be placed until the work has been inspected. All work shall be in accordance with the applicable provisions of the Ordinances, rules, regulations, and current specifications for sewer construction. 4.4.7 Protection of Excavation. The applicant shall maintain such barriers, lights and signs as are required by law or necessary to give warning to the public at all times that a sewer is under construction and of any dangerous condition which may be encountered as a result. The applicant shall also protect the public in the use of the sidewalk against any such conditions in connection with the construction of the public sewer. Streets, sidewalks, parkways and other property disturbed in the course of the work shall be reinstalled in a manner satisfactory to the -10 District, the City, County, or any other public entity having jurisdiction. All required shoring shall be properly installed before the District Inspector enters the excavation. 4.4.8 All Work To Be Inspected All sewer construction work shall be inspected by the District Inspector or an inspector authorized by and acting for the District to ensure compliance with all requirements of the District. No sewer shall be covered at any point until it has been inspected, tested and accepted by the District. No sewer shall be connected to the District's public sewer until the work covered by the sewer permit has been completed, tested, inspected and approved by the District Inspector. 4.4.9 Notification. It shall be the duty of the person doing the work authorized by a sewer permit to notify the District in writing that said work is ready for inspection. Such notifi- cation shall be given not less than twenty-four(24) hours before the work is to be inspected. It shall be the duty of the person doing the work to make sure that the work shall comply with the tests required by the District before giving the above notification. 4.4.10-- Inspection. The,Distr-ict-wilLinspect_sewer-construction,as described below_ a) Sewer Lateral. The sewer lateral inspection will verify proper installation, connection and use of materials. b) Final Inspection. A final inspection may be conducted by the District after the City and/or County Building Department has made its final inspection. The District's final inspection will verify that the plumbing fixtures and their location(s)are as specified in the construction plans, the application and sewer permit issued. IWO 4.4.11 NonconforminM Work. When any work has been inspected and the work or any portion of the work is not approved and no certification of satisfactory completion given,a.___ written notice to that effect shall be given instructing the owner of the property, or the agent of such owner, to repair such work or portion of such work as authorized by the permit in accordance with the Ordinances, rules and regulations of the District. 4.4.12 As-Built Drawings. "As-Built" drawings showing the actual location of all mains, structures, Y's, T's, laterals and cleanouts shall be filed with the District before final acceptance of the work. Section 4.5 Sewer Fees, Rates, and Schedules. (Reference Ord.No.495-06) 4.5.1 All Costs Paid By Owner. All costs and expenses incident to the installation and connection of any sewer or other work for which a permit has been issued shall be paid by the owner. 4.5.2 Fees for Sewer Connection. Sewer connection charges shall be determined as follows: a) A sewer connection fee shall be paid to the District by the applicant desiring -11 connection to the District sewer system based upon the number of sewer units which are required to serve the improvements on the property. (Refer to Section 4.5.7 - Sewer Rate Schedule No. 1.) b) At any time sewer capacity is added to any property for which the initial connection charge has been previously paid in an amount which did not include such additional capacity, as a condition to such property remaining connected to the District sewer system, there shall be a subsequent connection charge to provide for the additional sewer capacity requirements. (Refer to Section 4.5.7 - Sewer Rate Schedule No.1.) c) A fee shall be paid to the District for issuing a sewer permit to connect and inspect a sewer lateral. (Refer to Section 4.5.9 - Sewer Rate Schedule No. 3.) d) A fee shall be paid to the District for issuing a permit to install and inspect a wye saddle. (Refer to Section 4.5.10 - Sewer Rate Schedule No. 4.) e) A re-inspection fee may be charged by the District for re-inspection of non- conforming condemned work. (Refer to Section 4.5.11 - Sewer Rate Schedule No 5.) - f) Sewer connection fees as determined from time to time by the Board shall apply to all new connections. Connection fee revenue shall be used to evaluate potential projects related to the sewer enterprise of the District; to plan, study, undertake, complete and finance such capital projects; to pay the costs incurred by the District to provide and inspect new connections, including the portion of the connector's obligation for the accumulated equity in the sewer enterprise and the District's costs in coordinating with other governmental entities to facilitate such connection. g) Neither this provision, nor payment of the connection fees described in this Section shall constitute approval of any capital project. 4.5.3 Fees and Bond for Public Sewer Construction. a) A fee, in an amount deemed necessary by the District to pay all engineering, inspection and other costs required to ensure compliance with the terms of the sewer permit and with the Ordinances, rules and regulations of the District, shall be paid by the applicant to the District prior to the time the sewer permit is issued, for reviewing plans and specifications, issuing a sewer permit and inspecting the installation of public sewer mains, laterals and all appurtenances. If the fee fixed by the District is less than the actual cost to the District, the applicant shall be liable for the excess cost to the District. b) Prior to the issuance of a permit for public sewer construction, the applicant shall furnish to the District a faithful performance and payment bond or cash deposit in the amount of the total estimated cost of the work. Said bond to be secured by a surety or sureties satisfactory to the District. The cash deposit or faithful performance and payment bond shall be in a form as authorized and approved by the District and shall be conditioned upon the performance of the terms and conditions of the sewer permit and the payment of all subcontractors and material suppliers and shall guarantee the correction of faulty workmanship and thir -12 the replacement of defective materials for a period of one(1) year after the date of acceptance of the work. 4.5.4 General Rates-Sewer Service. There is hereby established an annual service charge as established by the Ordinances, rules and regulations of the District, for connection to the sewers of the District. The service charge shall be applied to new connections beginning in the third quarter after the quarter in which the final sewer lateral connection inspection at the property line occurs. (Reference Ordinance No.505-08 Effective May 3,2008) 4.5.5 Special Charles. Facilities in or about residential, commercial and industrial establishments discharging extraordinary amounts of waste into the District's sewer system shall be subject to such charges and to such conditions as may be established by the Board. 4.5.6 Schedule of Units. The following is a schedule of the number of units to be applied to each type of connection to the sewer system of the District: a) Homes and Apartments: A minimum of three (3) units for each home or each apartment plus an additional unit for each bath or half-bath in excess of two baths, exceptthat the minimum fora home or apartment-having only one bath and only one bedroom, which is equipped with low water-use fixtures, or for a studio apartment, is two (2) units. b) Motels/Hotels/Timeshares: Each bath with shower and/or standard bathtub with less than seventy-five(75)gallon overflow capacity, one (1) unit. Bathtubs with overflow capacity equal to or greater than seventy-five (75) gallons shall require one (1) additional unit. Each kitchen, one (1) unit. c) Restaurant: One (1) unit per restroom; five (5) units for the first twenty(20) seats, whether indoor seats or outdoor seats, plus one (1)additional unit for every twenty(20) indoor seats or fraction over twenty(20). The first twenty(20) seats of outdoor seating shall not require any units; outdoor seating in excess of the first twenty (20) seats shall require one-half(.5) units per twenty(20) seats; one (1) additional unit for every forty(40) outdoor seats or fraction over forty (40). For the purpose of this Section, where a bar is operated in connection with a restaurant, bar stools will be counted as seats. Commercial establishments that sell food but which have no eating or seating on the property shall be counted as other commercial in sub-paragraph(j). d) Service Stations: Five (5) units, one(1) unit per RV dump. e) Mobile Home/Trailer Parks, Campgrounds: Three (3) units per trailer space that will accommodate a trailer in excess of forty (40) feet in length and twelve (12) feet in width with a sewer connection provided; one (1) unit per trailer space for all other trailer spaces with a sewer connection provided. One (1) unit per two trailer spaces without a sewer connection provided. f) Laundromats: Two (2) units per washing machine. g) Swimming Pools, hot tubs, used in connection with a commercial establishment: Two(2) units per swimming pool and hot tub. h) Taverns without food facilities: Five (5) units, plus one (1) unit per restroom. -13 a) Meeting Rooms, Banquet/Ballroom Facilities: One(1) unit per 100-person of maximum room capacity, or fraction thereof, as designed by the Fire Chief with authority in the jurisdiction. j) All other commercial establishments: One(1) sewer unit per five (5) fixture units as defined in the Uniform Plumbing Code. 4.5.7- SCHEDULE 1 A fee of Four Thousand Two Hundred Fifty Dollars($4,250.00)per sewer unit to be connected to the collection system, or so added, with a minimum of Four Thousand Two Hundred Fifty Dollars ($4,250.00), will be collected. 4.5.8 - SCHEDULE 2 An administrative fee of Three Hundred Dollars ($300.00) will be collected for unreported connections and discharges. 4.5.9 - SCHEDULE 3 A fee of Fifty Dollars($50.00)will be collected for issuing a permit to connect and inspect a sewer lateral. 4.5.10 - SCHEDULE 4 A fee of Fifty Dollars ($50.00)will be collected for issuing a permit to install and inspect a wye saddle. 4.5.11 - SCHEDULE 5 A fee of Fifty Dollars ($50.00) may be charged for re-inspection of condemned work. 4.5.12 - SCHEDULE 6 The annual sewer service charge shall be as follows: -14 Annual Service Quarterly Service Minimum Service Type of Connection Charge per Unit Charge per Unit Charge per Unit Homes $114.04 $28.51 $9.51 Multi-Family $111.68 $27.92 $9.31 Residences Motels, Hotels, and $110.28 $27.57 $9.19 Timeshares Restaurants $118.48 $29.62 $9.88 Service Stations $118.48 $29.62 $9.88 Mobile Home/Trailer $104.92 $26.23 $8.75 Parks, Campgrounds Laundromats $118.48 $29.62 $9.88 Automobile Service $118.48 $29.62 $9.88 Garages Taverns without Food $118.48 $29.62 $9.88 Facilities All other Commercial $118.48 $29.62 $9.88 Establishments Section 4.6 Use of Public Sewers. 4.6.1 Sewer Required. The owner of any building situated within the District requir- ing sewage disposal is required, at the owner's expense,to connect said building directly with the proper public sewer in accordance with the provisions of this Section 4, within ninety (90) days after receipt of notice by the agency with authority to do so, unless, due to extraordinary circumstances, special permission is granted to owner. 4.6.2 Unlawful Deposit. Except as provided in this Section 4.6, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, seepage pit or other facility intended or used for the disposal of sewage. 4.6.3 Occupancy Prohibited. No building, industrial facility or other structure requiring sewage disposal shall remain occupied until the Owner of the property has complied -15 with all rules and regulations of the District. 4.6.4 Application for Sewer Permit. Prior to connecting with the public sewer,the owner of the property to be provided sewer service by the District shall apply for a sewer permit on a form approved and provided by the District. 4.6.5 Abandonment of Private Facilities. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 4.6.1, a direct connection shall be made to the public sewer in compliance with the Ordinances, rules and regulations of District, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material as determined by the District Inspector. 4.6.6 Duty of Sewer Service User to Report. It shall be the duty of each owner of property connected to the District sewer system to report to the District all facilities discharging waste into the District sewer. As to any facilities which are not so reported, they shall be deemed to have been connected_to the District sewer from the date,as determined by the District, that the property was first connected to the District sewer. 4.6.7 Unreported Connections and Discharges. Upon discovery of the unreported connections and discharges to the District sewer system, the District shall charge all current charges and fees, including all current connection charges, plus a ten percent (10%) basic penalty, up to three (3)years back charges for current sewer service fees, a ten percent(10%) penalty on such back charges, and the current administrative fee for unreported connections and discharges. (Refer to Schedule No. 2, Section 4.5.8.) The owner of said property may, at his option, abate the unreported connection(s) immediately or pay all of the above charges and fees. If the owner elects to abate the unreported connection(s) or can demonstrate sufficient proof to the District Customer Service Manager or authorized representative that the unreported sewer connection(s) existed prior to the purchase of such property by owner, then the District may only charge up to three (3) years back charge for current sewer service fees. If the owner fails to complete any of the above options, all charges and fees shall be deemed charges for the purposes of collection and enforcement, and the property shall be subject to disconnection procedures for delinquent charges as provided in Section 6.6. 4.6.8 Disposal of Wastes. It shall be unlawful for any person to place, deposit, or permit to be deposited upon public or private property within the District, or in any area under the jurisdiction of the District, any human or animal excrement, garbage, chemical, or other objectionable waste. 4.6.9 Drainage into Public Sewers Prohibited. No leaders from roofs and no surface drains for rain water shall be connected to any District sewer. No surface or sub-surface drainage or rain water, storm water, seepage, cooling water or unpolluted industrial process waters shall be permitted to enter any public sewer by any device or method whatsoever. -16 4.6.10 Treatment of Wastes Required. It shall be unlawful to discharge into any stream or watercourse any sewage, industrial wastes, or other polluted waters, as provided by the Water Quality Control Plan for the Lahontan Region, North and South Basins, the Porter-Cologne Water Quality Act and the provisions of this Section 4. 4.6.11 Types of Waste Prohibited. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes into any public sewer: a) Any liquid or vapor having a temperature higher than 150°F. b) Any water or waste which contains more than two hundred fifty(250)parts per million, by weight, of fat, oil or grease. c. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas. d. Any garbage that has not been properly shredded. Properly shredded garbage shall mean the wastes from the preparation, cooking and dispensing of food that has been shredded to such degree that all particles wilt be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch in dimension. e. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewer system. f. Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures or equipment of the sewer system or personnel of the District. g. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant. h. Any waters or wastes containing suspended solids or dissolved matter of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant. i. Any noxious or malodorous gas or substance capable of creating a public nuisance. j. Any septic tank sludge. k. Any industrial wastewater that is in violation of applicable industrial general pre- treatment regulation for existing and new sources of pollution as set forth in 40 CFR, part 403, adopted by the Environmental Protection Agency under authorization of the 1977 Amendments to the Clean Water Act, and the industrial wastewater pre- treatment program and rules and regulations of the District. In the event of a violation to this Section 4.6.11, the entire costs which may be incurred by the District for abating, enforcing, administering, and monitoring compliance will be the sole responsibility of the owner/discharger. -17 4.6.12 Preliminary Treatment of Wastes. Prior to the admission into the District's sewers of any waters or wastes having a) a 5-day Biochemical Oxygen Demand greater than three hundred(300) milligrams per liter(mg/1) by weight, or b)objectionable characteristics or constituents not within the maximum limits provided for in Section 4.6.11, or c) excess quantities and rates of discharge, the District may require preliminary treatment of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the District and no construction of such facilities shall be commenced until said approval is obtained in writing. 4.6.13 Grease Interceptors/Traps Required. Grease, oil and sand interceptors/traps shall be provided when they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for buildings used exclusively for residential purposes. All interceptors/traps shall be of a type and capacity approved by the District and shall be located as to be readily and easily accessible for cleaning and inspection. Sizing of grease interceptors/traps shall be in accordance with current District policy. 4.6.14 Special Agreements. No statement contained in this Section 4.6 shall be con- strued as preventing any special agreement or arrangement between the District and any owner and/or applicant whereby waste of unusual strength or character may be accepted by the District for treatment, subject to payment therefore by the owner and/or applicant and subject to such terms and conditions as may be required by the District. Prior to the discharge of any such waste into the District sewer system, the owner and/or applicant shall enter into an agreement with the District in such form as approved by the District which agreement shall constitute a special permit to discharge such waste into the District sewer system. The agreement may provide as follows: a) Discharge Requirements. The agreement may limit the maximum concentration of contaminants, chemicals or other materials contained in any waste to be discharged into the District's sewer system. Such limits shall be determined by the District in its sole discretion, and may be modified by the District at any time. a) Proposed Discharge and Treatment. The agreement may require the owner and/or applicant to submit information and perform analyses regarding the volume, composition and proposed treatment of the waste to be discharged into the District's sewer system and any other information concerning such discharge as may be requested by the District in its sole discretion. The District shall evaluate such information and, based upon its evaluation, determine whether the owner and/or applicant should be permitted to connect to and discharge such waste into the District's sewer system. a) Connections, Inspections and Sampling. The agreement may restrict the locations of any connections to the District's sewer system through which such illw -18 discharges will occur. The District may, in its sole discretion, inspect and approve any such connections. The District shall have the right to inspect treatment systems and connection facilities, collect discharge samples and provide for the testing of any such samples in order to verify compliance with the terms of the agreement and any other requirements of the special permit. b) Fees, Costs and Expenses. The agreement may establish fees, as determined by the District in its sole discretion, for the issuance of the special permit. The agreement may require the owner and/or applicant to pay all costs and expenses incurred by the District in reviewing the application, inspecting discharge connections, sampling and testing discharges and issuing the special permit. Such fees, costs and expenses shall be paid prior to execution of the agreement and issuance of the special permit. All fees, costs and expenses incurred after execution of the agreement and issuance of the special permit shall constitute a sewer service charge that shall be billed and payable in accordance with Section 6 of this Administrative Code. 4.6.15 Protection from DamaRe. No unauthorized person shall maliciously, willfully or negligently break,damage, destroy, uncover, deface or tamper with any structure, improvements, appurtenance or equipment which is a part of the District's sewer system. Any person violating this provision shall be subject to the penalties provided by law. 4.6.16 Construction or Location of Improvements. Except as expressly reserved or permitted in any grant of easement or judgment in eminent domain, it shall be unlawful for any person to construct or locate improvements of any kind or type in, on or over the surface of any easement owned or acquired by the District. Section 4.7 Maintenance and Repair of Sewers. 4.7.1 Measurements and Tests. All measurements, tests and analyses of the waters and wastes to which reference is made in Sections 4.6.10 and 4.6.11 shall be determined upon suitable samples taken at the control manhole provided for in Section 4.3.4. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the District sewer from the point at which the sewer lateral is connected. 4.7.2.Maintenance of Sewer Laterals. Sewer laterals shall be maintained by the Owner, as defined in the District's Administrative Code, of the property served thereby. Where no Homeowners Association exists for a Common Interest Development,the maintenance of the sewer lateral is the joint and several responsibility of the owners of the property served thereby. 4.7.3 Maintenance of Pretreatment Facilities. Where preliminary treatment facilities are provided for any waters or wastes, they shall be continuously maintained by the Owner, as defined in the District's Administrative Code, in the efficient operation, at such Owner's expense. Where no Homeowners Association exists for a Common Interest Development, the maintenance of preliminary treatment facilities is the joint and several responsibility of the owners of the property served thereby. -19 111110 4.7.4 Maintenance of Grease Interceptors/Traps. All grease, oil and sand interceptors/traps shall be continuously maintained by the owner in efficient operation, at such owner's expense. 4.7.5 Procedures for Handling Stoppages. Whenever the District discovers or is notified of a stoppage or spill, the District shall dispatch a maintenance crew to the location. The maintenance crew shall check the main line at the location to determine if there is a stoppage in the main line. If a stoppage is discovered in the main line, the District will proceed to clear the stoppage. If a stoppage is not found in the main line but is found in the portion of the sewer lateral between the main line and the foundation of any wall, the owner shall be notified that the clearing of the stoppage or clean up of the spill shall be the responsibility of the owner. If the stoppage is proven to be caused by faulty pipe installation or faulty pipe of the sewer lateral line between the main line and the nearer property line, the District will pay for the repairs. 4.7.6 Emergency Repairs by District. Whenever, in the judgment of the District Inspector, immediate repairs,clean up,or other activities must be performed to a sewer lateral in order to preserve public health or to prevent damage or injury to the District sewer, the District Inspector may, without notice to the property owner, cause such repairs, clean up or other activities to be performed and may contract with a private contractor for such purposes or may perform such repairs, clean up or other activities with District personnel. 4.7.7 Reimbursement of District. The property owner serviced by a sewer lateral shall reimburse the District for the costs of all repairs, clean up or other activities, made or contracted for by the District pursuant to Section 4.7.6. Such charges shall be billed to the property owner and shall be deemed delinquent thirty(30) days after mailing an invoice for such charges to the property owner and may be collected under the provisions of Section 6.4. Section 4.8 Sewer Capacity. 4.8.1 Schedule of Sewer Units. The schedule of sewer units, as established in Section 4.5.6, shall be applicable to this Section 4.8. 4.8.2 Current Equity. The present estimated capacity within the District's service area is Eighty-Six Thousand Seven Hundred Two (86,702) sewer units. The present sewer fund equity, after deduction for accumulated depreciation of the fixed assets of the District, is approximately One Hundred Eleven Million Seven Hundred Thirteen Thousand Eighty-One Dollars ($111,713,081), which is approximately One Thousand Two Hundred Eighty-Eight Dollars ($1,288)per sewer unit. 4.8.3 Rate Relief for Excess Sewer Units. (Reference Ordinance No.506-08 effective May 17,2008)By December 15, 2008, on the form provided by the District, the owner of a parcel with Excess Sewer Units may apply to the District to participate in the Excess Sewer Capacity Program for the -20 relief of service charges for Excess Sewer Units. The applicant requesting such rate relief shall Nod allow the District full and adequate inspection of the parcel, including any improvements, and the sewer lines and related connection to enable the District to determine if the parcel has any Excess Sewer Units. The applicant may be required to test or remove underground piping, draining lines or the sewer lateral for verification of the sewer capacity required on the parcel and that all fixtures on the parcel are low water-use fixtures. Upon a property owner's application to the District for participation in the Excess Sewer Capacity Program, the billing of quarterly sewer service charges will be suspended on any Excess Sewer Units until such time as they are transferred, pursuant to Administrative Code Section 4.8.14, or put into use on the same parcel. The adjusted service charge, reflecting the suspension of charges on any Excess Sewer Units, shall be effective for the first complete billing cycle after the date of the District's approval of the application and verification of any Excess Sewer Units on the same parcel. A property owner with verified Excess Sewer Capacity will receive a credit for any quarterly charges associated with the verified Excess Sewer Capacity in an amount equal to any suspended sewer service charges for Excess Sewer Capacity. Excess Sewer Units may be transferred to another parcel, pursuant to Administrative Code Section 4.8.14, or may be later used on the same parcel. The owner of a parcel with Excess Sewer Units may acquire sewer capacity, in addition to those units but only in the same manner, with the same priority, and subject to payment of the same fees, as any other parcel which might need to obtain additional sewer capacity, and only if the District has available sewer capacity at the time the owner requests the additional sewer service. 4.8.4 Authority. No sewer capacity shall be issued which does not comply with the criteria set forth in this Section 4.8 or which would violate any law, including any order or judg- ment of a court of competent jurisdiction or the orders of competent governmental authorities, including the waste discharge orders of the California Regional Water Quality Control Board- Lahontan Region. 4.8.5 Inspection. Inspection of existing or new sewer piping, as provided in Section 4.4.10, may be required. 4.8.6 Existing Demand. When available estimates indicate that existing sewer capacity demand will exceed the sewer capacity available for issuance at the rate established by this Section 4.8, no further Change in Use sewer capacity shall be issued except upon action of the Board. Notwithstanding any of the provisions of this Section 4.8.7, the issuance of Change in Use sewer capacity shall be limited as provided in Sections 4.8.8,4.8.9 and 4.8.16. 4.8.7 Application. Application for Change in Use sewer capacity shall be made on a form provided by the District and shall include complete plans and specifications for the contemplated work of improvement for which such sewer capacity is desired. The application shall not be deemed complete or received by the District unless and until it is accompanied by -21 Nuid such plans and specifications. 4.8.9 Attributes. Attributes existing on developed property have been treated as additional, subordinate rights or privileges of that property and, depending upon whether such attributes were lawfully created, were permitted to continue. Such attributes include coverage, square footage within structures, uses, and utility services, including sewer capacity rights and water demand. 4.8.10 Transfer of Attributes. The Tahoe Regional Planning Agency, the City, and the County permit certain transfers of various attributes and the right to attributes from one property to another in accordance with the Amended Regional Plan for the Lake Tahoe Basin, including the "Growth Management Provisions"of its Code of Ordinances and local government codes. 4.8.11 Transfer of Sewer Capacity. (Reference Ord.458 Effective 2/01/96) Sewer capacity rights are and have been appurtenant to and inseparable from property. In order to accommodate the transfer programs of the Tahoe Regional Planning Agency, the City, and the County, the District has adopted rules and regulations from time--to time regarding praposed-transfer of the right to discharge into the collection, treatment, and export facilities of the District. 4.8.12 Transfer of Equity. District's existing customers have an equity credit equal to One Thousand Two Hundred Eighty-Eight dollars ($1,288.00) per sewer unit which may be used toward the current connection fees when transferring capacity rights. 4.8.13 Costs of Transferring Sewer Capacity. It is necessary and appropriate that the 41116, cost of transferring sewer capacity rights be paid by those who request such transfers to occur. 4.8.14 Conditions to Transfer. (Reference Ordinance No.506-08 effective May 17,2008) Transfer of Excess Sewer Units shall be allowed only through December 31, 2012, and shall adhere to the following conditions, and no sewer permit shall be issued for a primary parcel until there is compliance with all of the following conditions: a) Conforming with General Plan. The use of the primary property shall conform to the applicable City or County General Plan. b) Approvals. The applicant for a transfer of Excess Sewer Units shall secure all prior approvals for the transfer required from the City or County and the Tahoe Regional Planning Agency. c) Payment of Fees and Taxes. All existing sewer connection fees, transfer fees, and the County property taxes shall be paid for the primary and secondary parcels. d) Satisfaction of Liens. All liens upon the secondary parcel of property shall be satisfied, or in the alternative, written concurrence shall be obtained from any lienholder, which written concurrence shall save the District free and harmless from any and all claims arising out of the transfer of Excess Sewer Units from -22 the secondary parcel. e) No Change in Use. The transfer of Excess Sewer Units shall not increase the estimated measurement of flow and strength of wastewater discharged to the treatment facilities. f) Restoration to Natural Condition. No transfer of all sewer units shall be made from a secondary property that has not had complete restoration to its natural condition. g) Removal of Sewer Lateral. Where all sewer units are transferred from a secondary property, the lateral sewer connection(s) of the secondary property shall be removed, plugged and sealed in a manner satisfactory to the District within thirty(30) days after approval of the transfer. Physical inspection of the properly plugged sewer connection(s) shall be made by a District Inspector. h) Disconnection of Water Utilities. Where all sewer units are transferred from a secondary property, all water service utilities-for-the secondary property shall be capped and disconnected to the satisfaction of the District within thirty(30)days after approval of the transfer. Physical inspection of the properly capped water connection(s) shall be made by a District Inspector. i) Exception to Disconnection and Removal. Where only a portion of the Excess Sewer Units of a secondary property are transferred, subsections 4.8.14(f), 4.8.14(g) and 4.8.14(h), above shall apply. Any use which remains on the secondary parcel shall have sufficient sewer capacity to accommodate such use as determined by the District. j) Approval of Transfer. The Board authorizes the General Manager or his/her designee to approve transfer of Excess Sewer Units only after he/she finds the following: a) That each and every foregoing provision of this Section 4.8 has been complied with; b) That the provisions of Sections 4.2.5, 4.2.7 and 4.6.4 for issuing a sewer permit to the primary property have been complied with; c) That a completed Transfer of Sewer Capacity Rights Application is submitted to the District. 4.8.15 Additional Procedures. The District's Board may from time to time adopt, by Board action, additional procedures relating to the issuance of sewer capacity. -23 SECTION 5 STREET LIGHTING Section 5.1 General Provisions. 5.1.1 Purpose. Establishment of Street Lighting Service Charge Rates. 5.1.2 Service Charge Rates Determined by Board. 5.1.3 Service Charge Rates Based on Type of Street Lighting Service. 5.1.4 Charges for Serviced Lands on Two Streets. Street Lighting Rate Schedules 5.1.5 Schedule 1. 5.1.6 Schedule 2. 5.1.7 Schedule 3. 5.1.8 Schedule 4. -1 Section 5.1 General Provisions. vid 5.1.1 Purpose. This Section is intended to provide a schedule of charges for street lighting services provided by the District. ESTABLISHMENT OF STREET LIGHTING SERVICE CHARGE RATES 5.1.2 Service Charge Rates Determined by Board. Annual Street Lighting service charge rates shall be determined by the Board in accordance with the Ordinances and District rules and regulations. 5.1.3 Service Charge Rates Based on Type of Street LiRhtinR Service. Annual Street Lighting service charge rates are based on the type of lighting service, and for lineal foot of serviced lands abutting upon a public street on lands serviced with street lighting facilities - -installed in four neighborhoods prior-to July;-1- a) Ski Run Area- Street lighting facilities, mounted on regular utility poles, rated at 22,000 lumens. (Refer to Section 5.1.5, Schedule 1.) b) Pioneer Village Area- Street lighting facilities, mounted on ornamental utility poles, rated at 10,000 lumens. (Refer to Section 5.1.6, Schedule 2.) c) Bijou Area- Street lighting facilities, mounted on regular utility poles, rated at 9,500 lumens. (Refer to Section 5.1.7, Schedule 3.) d) South Y Area- Street lighting facilities, mounted on regular utility poles, rated at 22,000 lumens. (Refer to Section 5.1.8, Schedule 4.) 5.1.4 Charees for Serviced Lands on Two Streets. Where a serviced land abuts upon two or more public streets serviced by street lights, its owner shall be charged for the narrowest portion of his property abutting upon the public street serviced by street lights or one hundred (100 feet), whichever is lesser. STREET LIGHTING RATE SCHEDULES 5.1.5 SCHEDULE 1 Ski Run Area - $.68 per lineal foot 5.1.6 SCHEDULE 2 Pioneer Village Area - $1.16 per lineal foot 5.1.7 SCHEDULE 3 Bijou Area - $.38 per lineal foot 5.1.8 SCHEDULE 4 South Y Area - $.68 per lineal foot -2 kw SECTION 6 BILLINGS, PAYMENTS, COLLECTION AND ENFORCEMENT Section 6.1 Billing for Water, Sewer, Special, and Street Lighting Rates and Charges. 6.1.1 Billings. 6.1.2 Billing of Water Service Charges. 6.1.3 Billing of Sewer Service Charges. 6.1.4 Billing of Special Service Charges. 6.1.5 Billing of Street Lighting Services Charges. 6.1.6 Billing of Special Charges, Interest and Penalties. 6.1.7 Water, Sewer, Street Lighting and Special Service Charges Billed and Collected Together or Separately. 6.1.8 Notification. 6.1.9 Low-Income Customer Assistance Program 6.2 Payment of Water, Sewer, Special and Street Lighting Rates and Charges. 6.2.1 Responsibility for Payment. 6.2.2 Place of Payment. 6.2.3 Payments after Notice of Disconnection. 6.2.4 Designation and Application of Payments. r 6.2.5 Delinquency. 6.3 Penalties and Interest, Disconnection and Reconnection Charges on Delinquent Water, Sewer, Special and Street Lighting Rates and Charges. 6.3.1 Delinquent Penalty. 6.3.2 Additional Charges for Payments Made by Checks Returned Unpaid. 6.3.3 Interest Charges. 6.3.4 Liability for Violations. 6.3.5 Disconnection and Reconnection Charges. 6.3.6 Fees and Costs as Additional Charge. 6.3.7 Finding of the Board. 6.4 Collection and Enforcement of Water, Sewer, and Street Lighting, Rates and Charges. 6.4.1 Collection of Delinquent Service Charges. 6.4.2 Remedies are Cumulative. 6.4.3 Public Utilities Code Lien Against Specific Property. 6.4.4 Government Code Lien Against Specific Property. 6.4.5 Tax Assessor Levy. 6.4.6 Civil Action. 6.4.7 Public Utilities Code Lien Against All Real Property. -1 6.4.8 Judicial Enforcement of Lien. 6.4.9 Preliminary or Permanent Injunction. 6.4.10 Payment Agreements. 6.5 Violations and Enforcement. 6.5.1 Violation. 6.5.2 Correction Agreement. 6.5.3 Disconnection for Violation of Provisions of Code, Rule or Regulation. 6.5.4 Public Hazard. 6.5.5 Administrative Fines and Penalties. 6.5.6 Judicial Review. 6.6 Disconnection Procedures. 6.6A Disconnection of Service. 6.6.2 Disconnection for Delinquent Sewer Charges. 6.6.3 Disconnection for Delinquent Water Charges. 6.6.4 Disconnection for Delinquent Special Service Charges. 6.6.5 Means of Enforcement Only. 6.6.6 Conditions for Reconnection. 6.6.7 Abatement. 6.6.8 Complaint or Dispute Review. 6.6.9 Relief by Board. 6.7 Appeals. 6.7.1 Appeals 6.7.2 Committee Review. 6.7.3 Board Review. -2 4116, Section 6.1 Billing for Water, Sewer, Special, and Street Lighting, Rates and Charges. 6.1.1 Billings. The District shall bill and receive payments for water, sewer, special and/or street lighting services. The billing periods may be annual, semi-annual, quarterly, or monthly, as determined by the District. 6.1.2 Billing of Water Service Charges. Water Service charges, as provided in Sections 3.1.23 through 3.1.55, inclusive, shall be billed as follows: (a) General Except, as otherwise provided in this Section 6.1.2, water service charges shall be billed in advance for the billing period, as determined by the District. a) Water Connection Fees. Water connection fees, as provided in Sections 3.1.24 and 3.1.48 of this Administrative Code, shall be billed upon the applicant's connection to the District's water system, or at such earlier time as determined by the District. b) Fire Hydrant Permit Fee. The fire hydrant permit fee as provided-in-Sections- 3.1.45 and 3.1.55 of this Administrative Code, shall be billed upon the District's approval of the application for such permit, or at such earlier time as determined by the District. 6.1.3 Billing of Sewer Service Charges. Sewer service charges, as provided in Sections 4.5.1 through 4.5.12, inclusive, shall be billed as follows: kiro a) Except as provided in this Section 6.1.3, sewer service charges shall be billed in advance for the billing period, as determined by the District. b) The connection charges, installation and inspection charges provided by Sections 4.5.2, 4.5.7, 4.5.9 and 4.5.10 of this Administrative Code shall be billed at the time of the connection, installation or inspection, or at such earlier time as determined by the District. c) The engineering, inspection and other costs as provided in Section 4.5.3(a) of this Administrative Code shall be billed at such time prior to the issuance of a sewer permit, as determined by the District. 6.1.4 Billing of Special Service Charges. Special service charges, as provided in Sections 4.6.14 through 4.6.16, inclusive, shall be billed as follows: a) Special service charges shall be billed for the billing period, as determined by the District. a) The application review, inspection, sampling and testing and all other costs as provided in Section 4.6.14(d)of this Administrative Code shall be billed and payable at such time prior to the issuance of a special discharge permit, as determined by the District. 6.1.5 Billing of Street Lighting Service Charges. The charges for Street Lighting Services shall be billed and payable in advance for the billing period, as determined by the District. „► 6.1.6 Billing of Special Charges, Interest and Penalties. The penalties, interest, disconnection and reconnection costs and other fees and costs as provided in Section 6.3 of this -3 Administrative Code may be billed at the time such penalties, interests, disconnection and ,4100 reconnection costs and other fees and costs are incurred or accrue, or upon the next billing period, as determined by the District. 6.1.7 Water, Sewer, Street Lighting and Special Service Charges Billed and Collected Together or Separately . Where the District provides more than one service to the property, water, sewer, street lighting and special service charges may be billed upon the same bill and collected together or billed on different bills and collected separately. 6.1.8 Notification. Except as provided in this Section 6, notification and billing shall be sent to the Owner, as defined in the District's Administrative Code, furnished water, sewer, special and or/or street lighting services at the address of the Owner shown on the last equalized assessment roll of El Dorado County, unless the Owner notifies the District of a different address. Where no Homeowners Association exists for a Common Interest Development, all notifications will be sent to each of the owners of the property served thereby. 6.1.9 Low-Income Customer Assistance Program. (Ref. Ord. No. 501-07, effective 1/01/08) The District offers a Low-Income Customer Assistance Program for qualifying residential customers. The District's customer is the record owner of a parcel served by a water and/or sewer connection. The Property must be owner occupied. Program specifications are as follows: a Eligibility is based upon current participation in the Sierra Pacific Power Company's Care Program. b The amount of the rebate is 20%of the standard residential water and/or sewer rate. c The Program does not apply to rental properties or second homes. d The Program is subject to annual renewal and may require additional proof of eligibility. e The District, at its discretion, may remove the applicant from the Program if it has reason to believe the applicant is no longer eligible or does not meet Program requirements. Section 6.2 Payment of Water, Sewer, Special and Street Lighting Service Charges. 6.2.1 Responsibility for Payment. Payment for all water, sewer, special and street lighting service charges shall be the responsibility of the following: a)Applicant. The person applying for service; and b) Owner. In the event of delinquency, the Owner, as defined in the District's Administrative Code, whether or not the Owner is also the applicant. Where no Homeowners Association exists for a Common Interest Development, all service charge payments are the joint and several responsibility of the owners of the property served thereby. -4 6.2.2 Place of Payment. Payment of all service charges shall be delivered to the District Office, Customer Service Department, 1275 Meadow Crest Drive, South Lake Tahoe, California, or by first class mail addressed to South Tahoe Public Utility District, 1275 Meadow Crest Drive, South Lake Tahoe, California, 96150 The applicant shall be responsible for timely delivery and District receipt of all payments. 6.2.3 Payments after Notice of Disconnection. After notification of disconnection is given by the District pursuant to Section 6.6, only a cashier's check, money order or cash will be accepted by the District as payment of service charges prior to disconnection of service or services. 6.2.4 Desij'nation and Application of Payments. Payment may be made on a particular component charge of a bill for which more than one service charge is billed, pursuant to Section 6.1.6 if the person paying such charge directs the District in writing. If no direction is made by the person paying only a portion of a bill as to the application of the partial payment, then payment shall be credited proportionately to each component of the total bill. If payment is made upon a bill which includes delinquent charges, penalties and interest, as well as current charges, the payment shall be applied in the following order: penalties, interest, delinquent charges and current charges. The Owner or applicant may make a written dispute concerning any or all of a bill for service charges, and the District shall keep a record of all such disputes. 6.2.5 Delinquency. Bills shall identify the due date when payment must be received by the District. If any bill is not paid at or before the due date, the charges on the bill shall be delinquent. If a payment is made on a particular component of the bill for service charges prior to the due date, the charges for that particular component of the bill paid shall not be delinquent. Section 6.3 Penalties and Interest, Disconnect and Reconnect Charges on Delinquent Water, Sewer, Special and Street Lighting Rates and Charges. 6.3.1 Delinquent Penalty. A penalty of ten percent (10%) of the delinquent service charges shall become due and payable on each delinquent service charge. Penalties may, at the discretion of the District, be waived according to Board policy. 6.3.2 Additional Charges for Payments Made by Checks Returned Unpaid. Charges for any service provided in this Section 6 shall be subject to an additional charge as determined by the District for each payment by check which is dishonored for any reason. 6.3.3 Interest Charges. Interest at the rate of six percent ( 6%) per annum shall become due and payable on delinquent service charges, penalties, and interest for each subsequent billing period for which the service charges, penalties and interest remain unpaid. 6.3.4 Liability for Violations. Any person violating any of the provisions of the Ordinances, rules, or regulation of the District shall be liable to the District for any expense, loss or damage incurred by the District by reason of such violation and for abating, enforcing, administering and monitoring compliance with the Ordinances, rules, or regulations of the -5 District. Such expense, loss or damage shall be deemed a service charge pursuant to this Section 6.3. 6.3.5 Disconnection and Reconnection Charges. Property as to which water, street lighting and/or sewer service and/or special service charges become delinquent and are disconnected shall not be reconnected until all the following charges have been paid to District. (a) Estimated Cost. The District shall estimate the cost of disconnection and of reconnection, including all direct and indirect costs. (b) Deposit of Estimated Cost. The estimated cost shall be deposited with the District in the form of cash, money order, or cashier's check before the property is reconnected. (c) Actual Cost. The District shall determine the actual cost of disconnection and reconnection. The actual cost of disconnection and reconnection in excess of the estimated cost deposit shall constitute a service charge and be added to the next billing. The amount of the estimated cost deposit in excess of the actual costs, if any, shall be credited against future required deposits, charges,penalties and interest, or refunded if requested by the Owner. (d) Utility Deposits for Disconnected Commercial Services. Whenever commercial water and/or commercial sewer service charges become delinquent and are disconnected,the District may also require payment of a utility deposit before services are reconnected. The District may retain such utility deposit in an amount equal to one-fourth(1/4) the owner's annual water, sewer, special and street lighting service charges, as applicable. All utility deposits collected and retained by the District for commercial water, sewer, special and street lighting services shall be held as one deposit. The utility deposit shall be held for thirty-six (36) months or until termination of service, whichever is earlier, and then applied to the owner's service charges, or at the request of Owner, refunded, including interest accrued, in accordance with the District's Water and Sewer Connection Fee Refund Policy, if the account is paid in full. Any unapplied portion of the utility deposit shall be refunded at the termination of service. 6.3.6 Fees and Costs as Additional Charge. If any legal proceeding is brought by the District to collect service charges, including an action for declaratory relief, a preliminary or permanent injunction or any collection and enforcement action provided in Section 6.4 of this Administrative Code, the District shall be entitled to recover reasonable attorneys' fees, costs and expenses which may be incurred by the District in pursuing such legal action. Such attorneys' fees, costs and expenses shall be deemed a service charge pursuant to this Section 6.3. 6.3.7 Finding of the Board. The Board finds that the estimated cost of collecting and administering delinquent service charges and losing the use of funds approximate the penalties, interest, liabilities and disconnection and reconnection charges provided in Sections 6.3.1 through 6.3.5, inclusive. Section 6.4 Collection and Enforcement of Water, Sewer, Special, Street Lighting Rates and Charges. 6.4.1 Collection of Delinquent Service Charges. The District may, at the District's option, undertake any of the following methods to collect delinquent service charges. 6.4.2 Remedies are Cumulative. No remedy for collecting and enforcing service charges in this Section 6.4 shall be deemed exclusive but shall, wherever possible, be cumulative -6 with all other remedies in this Section 6.4 and with all other remedies at law or in equity and may be used alternatively, or in any combination. 6.4.3 Public Utilities Code Lien Against Specific Property. Delinquent service charges may be added to and become part of the annual assessment levied upon the property to which water, sewer, special or street lighting service(s) was provided by the District pursuant to Article 3, Chapter 4, Division 7, of the Public Utilities Code of California and become a lien upon said property. 6.4.4 Government Code Lien Against Specific Property. Delinquent service charges, when recorded as provided in Article 2, Chapter 6, Part 1, Division 2, Title 5 of the Government Code of California, shall constitute a lien upon the property served and such lien shall continue until the charges and fees and costs are fully paid or the property sold in the manner provided in Sections 54354, 54354.5, and 54355 of the Government Code of California. 6.4.5 Tax Assessor Levy. Delinquent service charges may be collected by the county in the same manner and at the same time, together with the general taxes levied in the county in which the property is located pursuant to Article 4, Chapter 6, Part 3, Division 5 of the Health and Safety Code of California and Article 8, Chapter 4, Division 7 of the Public Utilities Code of California, or any successor provisions. 6.4.6 Civil Action. Delinquent service charges, fees and costs may be collected by any action in a court of competent jurisdiction against a person or persons responsible for payment of the service charges. 6.4.7 Public Utilities Code Lien Against All Real Property. Delinquent service charges may become a lien upon any real property interest of the person or persons responsible for payment in each county in which the District records a certificate of the amount of service charges, fees and costs due pursuant to Section 16470 of the Public Utilities Code of California. 6.4.8 Judicial Enforcement of Lien. The District may bring an action in any court of competent jurisdiction to enforce any lien on real property for water, sewer, special, and/or street lighting service charges, together with all fees and costs. 6.4.9 Preliminary or Permanent Injunction. Pursuant to Section 16472.5 of the Public Utilities Code of California, the District may file a petition with the Superior Court of competent jurisdiction for the issuance of a preliminary or permanent injunction, or both, or for the issuance of an order stopping or disconnecting water, sewer, special, and/or street lighting service, if the service charges for such service, including all fees and costs, are delinquent. 6.4.10 Payment Agreements. An authorized District representative may enter into an agreement on behalf of District permitting payment of the unpaid balance of delinquent water, sewer, special and/or street lighting service charges prior to any notice provided in Section 6.6.1(a). The agreement shall be on the terms, as determined in the District representative's sole discretion, but shall not exceed a period of twelve (12)months. thir a) Stay of Collection Actions. The District shall not engage in any collection activities, including disconnection of service and enforcement of liens, during the term of any such payment agreement, provided the payment agreement is not -7 breached and the water, sewer, special and street lighting service charges in each subsequent billing period are timely paid, as provided in this Section 6. b) Breach of Payment Terms. If there is a breach of any material term of the payment agreement, as reasonably determined by the District, the District may immediately initiate or resume any and all collection and enforcement activities and disconnection procedures. Section 6.5 Violations and Enforcement. 6.5.1 Violation. Any person violating any provision of the Ordinances, rules, or regulations of the District regarding either water or sewer work or connection(s), shall be served with written notice by the District Inspector, or other authorized representative of the District, citing the violation and providing a reasonable time to correct the violation. The offending person or persons shall, within the time stated in such notice, correct all violations. All persons shall be strictly responsible for any and all acts 4 their agents,employees or independent contractors performed pursuant to the provisions of the Ordinances, rules or regulation of the District. 6.5.2. Correction Agreement. The District Inspector or other authorized representative of the District may enter into a correction agreement on behalf of the District permitting and providing for the correction of the violation prior to any notice provided in Section 6.5.5.(3)or Section 6.6.1(a). The agreement shall be on the terms, as determined in the District inspectors' or representative's sole discretions, but shall not exceed a period of the longer of six (6)months or that period of time until one month into the next building season. A) Stay of Administrative Fines and Penalties and Disconnection. The District shall not impose any administrative fines and penalties or engage in any disconnection activities during the term of any such correction agreement, provided the terms of the correction agreement are not violated and no further provision of the Ordinances, rules or regulations of the District is violated. B) Violation of Correction Agreement Terms. If there is a violation of any material term of the correction agreement, as reasonably determined by the District, the District may immediately initiate or resume any and all enforcement activities, including the imposition of administrative fines and penalties as provided in Section 6.5.5 or disconnection procedures as provided in Section 6.6, without notification. 6.5.3 Disconnection for Violation of Provisions of Code, Rule or Regulation. As a method of enforcing the provisions of the Ordinances, rules or regulations of the District, the District shall have the power to disconnect water, sewer, and/or special services. The District shall comply with the procedures provided in Section 6.6 regarding disconnection of service. 6.5.4 Public Hazard. In the event a violation of the Ordinances, rules or regulations of the District results in an imminent public hazard or menace, the General Manager, or the General Manager's designee, may enter upon the premises without notice and take any action and incur costs and expenses as may be necessary to abate such hazard, including, but not limited to, disconnection of service,. The actual costs or reasonable value of any action taken and any costs and expenses shall be a service charge. -8 6.5.5 Administrative Fines and Penalties. (Reference Ord.No.503-08) Any Person who violates any of the District's Ordinances, rules, or regulations regarding either water or sewer work or connection(s) shall be subject to administrative fines and penalties pursuant to Government Code section 53069.4. Each day's continuance of a violation of an ordinance shall constitute a separate and additional violation. (1) Amount. The District may impose a fine or penalty not to exceed$100 for a first violation, $200 for a second violation of the same District Ordinance, rule, or regulation regarding either water or sewer work or connection(s) within one year, and $500 for each additional violation of the same District Ordinance, rule, or regulation regarding either water or sewer work or connection(s)within one year. (2) Continuing Violations. In the case of a continuing violation of the District's-Ordinances,rules or regulationsregardingwater or sewer work-ar-connection-(s)that does not create an immediate danger to health or safety,the District shall first issue the party responsible for a continuing violation of the District's Ordinances, rules, or regulations regarding either water or sewer work or connection(s) a correction notice, pursuant to Section 6.5.1, providing a reasonable period of time, such period not to be less than 14 days, in which the responsible party may correct or otherwise remedy the continuing violation prior to the imposition tklw of administrative fines or penalties. (3) Notice. The District shall notify the party responsible for a violation of the District's Ordinances, rules, or regulations regarding either water or sewer work or connection(s) (Responsible Party) that administrative fines and penalties are due. Such notice shall be in writing, and shall be delivered by first-class mail addressed to the Responsible Party at the Responsible Party's last known address, and posted on the property where the violation occurred. Notice of an administrative fine or penalty shall contain the following information: (a) The date of the violation; (b) The address or a definite description of the location where the viola- tion occurred; (c) The District Ordinance, rule, or regulation regarding either water or sewer work or connection(s) violated and a description of the viola- tion; (d) The amount of the fine for the violation; (e) A description of the fine or penalty payment process, including a -9 description of the time within which and the place to which the fine or penalty shall be paid; (f) An order prohibiting the continuation or repeated occurrence of the violation described in the notice; and (g) A description of the administrative review process, including the time within which the administrative fine or penalty may be contested and the place from which a request for hearing form to contest the administrative fine or penalty may be obtained. (4) Payment. The fine or penalty shall be paid to the District within thirty(30) days after posting of the notice of violation. Any fine or penalty paid shall be refunded if it is determined,-after a hearing that the-P-er-son- harged was not responsible for-the-violation-or- hat - - - there was no violation as charged. (5) Collection. Remedies for collecting and enforcing fines and penalties for violation of the District's Ordinances, rules, or regulations regarding either water or sewer work or connection(s) are cumulative and any and all may be used alternatively, and none of the remedies are exclusive. At its discretion, the District may employ the following mechanisms for the collection of fines and penalties: (a) Fines and penalties imposed for violation of the District's Ordinances, rules, or regulations regarding either water or sewer work or connection(s) may be added to and become part of the annual assessment levied upon the land where the violation occurred if the Real Property is owned, controlled, or in the possession of the same Person who owned, controlled, or was in possession of it during the time the violation occurred, in accordance with California Public Utilities Code Section 16469. Fines and penalties added to an assessment are a lien on the land, in accordance with Public Utilities Code Section 16470. (b) Fines and penalties imposed for violation of the District's Ordinances, rules, or regulations regarding either water or sewer work or connection(s) may become a lien on the land where the violation occurred if the District records a certificate of the amount of fines and penalties due, pursuant to California Public Utilities NoliO Code Section 16472.1. -10 (c) Fines and penalties may be collected in the same manner, by the same Persons, and at the same time together with the general taxes levied for the District, pursuant to California Public Utilities Code Section 16641 et seq. (d) Fines and penalties may be collected by an action in any court of competent jurisdiction against a Person or Persons who owned the Real Property where the violation occurred for the collection of all fines and penalties, pursuant to the provisions of the Public Utilities Code Section 16647. 6.5.6 Judicial Review. (Reference Ord.No.503-08) Any Person aggrieved by the District's final administrative decision to impose fines and penalties for violation of the District's Ordinances,rules or regulations regarding either water or sewer work or connection(s) may - - obtain review of the administrative decision by filing an appeal to be heard by the appropriate court in El Dorado County in accordance with the timelines and provisions stated in California Government Code section 53069.4. Any Person aggrieved by the District's final administrative decision to issue fines and penalties may obtain review of the administrative decision by filing a petition for writ of mandate in the court in accordance with Government Code section 11523 and Code of Civil Procedure section 1094.5, et seq. Section 6.6 Disconnection Procedures. 6.6.1 Disconnection of Service. The District shall follow the following procedures for disconnection of service for violation of the Ordinances, rules or regulations of the District, and nonpayment of delinquent service charges. (Reference Ord.No.48e-02) a) Service of Notice of Disconnection. The District shall provide written notice of intent to disconnect water and/or sewer service five (5) working days prior to the proposed disconnection date by certified mail, addressed to the owner of the property and to the person to whom the service is billed, as applicable. Written notice will also provide appeal rights. b) Service of Final Notice of Disconnection. The District shall give a final notice of intent to disconnect at least forty-eight (48) hours prior to actual disconnection by posting a notice at the affected property. The notice shall specify the basis upon which disconnection is kir authorized. 6.6.2 Disconnection for Delinquent Sewer Charles. If water service is furnished by -11 the District to property that is also furnished sewer and/or special service and all or part of any billing related to sewer or special service charges is delinquent, the District may disconnect water, sewer, or special service, or any combination of services, or all such services to the property until all water, sewer, and special service charges are paid so that no service charges are delinquent. 6.6.3 Disconnection for Delinquent Water Service Charges. If sewer service is furnished by the District to property that is also furnished water and/or special service and all or part of any billing related to water or special service charges is delinquent, the District may disconnect sewer, water, or special service, or any combination of services, or all such services to the property until all water, sewer, and special service charges are paid so that no service charges are delinquent. 6.6.4 Disconnection for Delinquent Special Service Charges. If special service is furnished by the District to property that is also furnished water and/or sewer service and all or part of any billing related to water or sewer service is delinquent, the District may disconnect sewer, water, or-special-service, -or any -combination--of-services, orallsuch services to- the - property until all water, sewer, and special service charges are paid so that no service charges are delinquent. 6.6.5 Means of Enforcement Only. The District declares that the procedures of this Section 6 are established as a means of enforcing the terms and conditions of the Ordinances, rules, and regulations of the District, and not as a penalty. 6.6.6 Conditions for Reconnection. If water or sewer service is disconnected pursuant lid to the Ordinances, rules, and regulations of the District, the service shall not be reconnected until any and all violations are corrected, all delinquent service charges, all disconnection and reconnection charges as provided in Section 6.3.4 and all other applicable fees and costs, have been paid. 6.6.7 Abatement. During the period which water or sewer services, or both, are disconnected, habitation of the premises by human beings or continued operation of any commercial or industrial facility shall constitute a nuisance. The District shall notify the El Dorado County Health Department of any service disconnection. The Board may institute and prosecute to conclusion proceedings for the abatement of such occupancy. In any abatement action, reasonable attorneys' fees and costs, as fixed by the court, shall become due as an additional disconnection charge and no reconnection shall be made until all such charges are paid. 6.6.8 Complaint or Dispute Review. Upon receipt of a complaint following the posting of the notice required by Section 6.6.1, the District shall conduct a review or investigation, or both, of such complaint and may designate the Customer Service Manager or other authorized representative of the District to supervise the review and investigation. The review shall include consideration of whether a correction agreement to correct any violation or a payment agreement to amortize any unpaid charges should be permitted in lieu of the authorized disconnection. 6.6.9 Relief by Board. The Board may find, in its discretion, that any provision of the -12 thro Ordinances, rules, and regulations of the District may be suspended or modified as applied to a property and may grant relief from that provision as applied to that property. Section 6.7 Appeals. 6.7.1 Appeals. By filing a written appeal, in a form approved by the District, with the Clerk of the Board, within ten (10) days from the date of any decision made in accordance with the provisions of the Ordinances, rules and regulations of the District, any person may appeal such decision in accordance with this Section 6.7. 6.7.2 Committee Review. A request may be made to a committee, as determined by the General Manager or other authorized District representative, consistent with Board policy, consisting of two (2) members of the Board appointed by the Board President for an informal review. After reviewing the request, the committee shall provide the appellant with written notification of-its recommendation-concerning disconnection. The committee'-s-re-commendation will be reported to the Board at a duly called, regular, special or adjourned meeting of the Board. Based upon the committee's recommendation, the appellant may pursue or withdraw his or her appeal to the entire Board. 6.7.3 Board Review. Notwithstanding whether a request is made to a Board committee as provided in Section 6.6.9(a), an appeal may be made directly to the entire Board at a duly called, regular, special or adjourned meeting of the Board. After reviewing the appeal, including any recommendation by a Board committee, the Board may, in its discretion, affirm, reverse, or modify the decision and impose such conditions as it deems appropriate. -13 SECTION 7 GROUNDWATER MANAGEMENT PLAN (Reference Ord.No.477-00) Section 7.1 Plan Authorization 7.1.1 Purpose and policy. 7.1.2 Authorization. 7.1.3 Findings. 7.1.4 Administration. 7.1.5 Coordination with Other Authorities. 7.1.6 Potential Impact on Business Activities. 7.1.7 Water Quality Authority. 7.2 Definitions 7.3 Plan Area 7.3.1 Plan Area. 7.3.2 Service Area. 7.3.3 Groundwater Basin Hydrogeology. 7.3.4 Business/Economic Dependence on Groundwater Basin. 7.4 Stakeholder Advisory Group. 7.4.1 Establishment of Committee. 7.4.2 Meetings and Rules. 7.4.3 Chairperson. 7.4.4 Powers. 7.5 Public Education and Community Relations. 7.5.1 Findings. 7.5.2 Services. 7.6 Condition of Groundwater Basin. 7.6.1 Findings Regarding General Water Quality. 7.6.2 Findings Regarding Natural Contaminants. -14 thre Section 7.1 Plan Authorization. 7.1.1 Purpose and policy. The District has developed this Plan to maintain Groundwater supplies and protect Groundwater quality. The purpose of this Plan is to regulate, manage, conserve and protect the Groundwater resources available to the District so that the Groundwater will remain a viable potable water resource and be available to be put to the most efficient and beneficial use by the District and its customers. 7.1.2 Authorization. The District is an authorized groundwater management agency within the meaning of California Water Code Section 10753(a) and assumes responsibility for managing the quantity and quality of the Groundwater resources within the Plan Area pursuant to this Plan. 7.1.3 Findings. Because the District obtains its water supply from the Basin Ground- - water, and there is currently no regulatory program in place which is designed to protect and preserve the long-term viability of the District's Groundwater resources, the District finds it advisable and in the best interests of the District and all water users to develop and implement comprehensive groundwater management of the Groundwater resources within the Plan Area. 7.1.4 Administration. The District shall administer this Plan within the Plan Area. The District, acting by and through its Board of Directors, shall have jurisdiction over Groundwater within the Plan Area and shall have the powers provided by this Division or any other provision of law. The District shall adopt rules, regulations and procedures to implement and enforce this Plan pursuant to California Water Code Section 10753.8. 7.1.5 Coordination with Other Authorities. The District will make every reasonable effort to coordinate this Plan with other governmental agencies and authorities, including the El Dorado County Environmental Management Division, the Tahoe Regional Planning Agency and the California Regional Water Quality Control Board, Lahontan Region, in order to achieve comprehensive Groundwater management within the Plan Area without unnecessary duplication of effort and utilizing consistent standards, to the extent reasonably possible. The District may, in its discretion, request that other governmental agencies take actions parallel to the actions taken by the District pursuant to this Plan, although such governmental agencies exercise their independent discretion with respect to taking action within their jurisdiction. 7.1.6 Potential Impact on Business Activities. The District has considered the impacts of man-made contamination on the District and its customers and the potential impact of this Plan and its implementing rules, regulations and procedures on business activities. The District has, to the extent reasonably practicable and consistent with the protection of Groundwater resources, minimized any adverse impacts on those business activities. This Plan -15 will provide benefits to municipal, industrial, agricultural and commercial uses which outweigh vsio any economic impacts that may result to those that are subject to this Plan. 7.1.7 Water Quality Authority. Pursuant to California Water Code section 10754, the District may exercise the authority of a water replenishment district pursuant to Part 4 (commencing with section 60220) of Division 18 for the protection and preservation of the District's Groundwater resources. Section 7.2 Definitions. 7.2.1 Action Level. Action Level shall mean the concentration of Contamination at which action will be taken pursuant to this Plan. The District shall set Action Levels as follows: 1) for an early detection immediate response Monitoring Well, the Action Level shall be the lower of either five--(5)-times- the--California-Drinking Wate-r Primary Maximum Contaminant Level, Secondary Maximum Contaminant Level or California Department of Health Services' Action Level; and 2) for a Point of Compliance Monitoring Well, the Action Level shall be the lower of either the California Drinking Water Primary, Secondary Maximum Contaminant Level or California Department of Health Services' Action Level. 7.2.2 Aquifer(s). Aquifer(s) shall mean a geologic formation or group of formations that transmits or stores water in sufficient quantities to supply the Extraction of water by Wells or springs. 7.2.3 Background Concentrations. Background Concentrations shall mean concentrations of naturally occurring Contaminants in the Groundwater, surface water, soil or sediment in an area in which the concentration is not anomalous. 7.2.4 Basin. Basin shall mean the South Lake Tahoe Groundwater Sub-basin as shown in Figure 1 of this Division. The Basin is defined by all water-bearing sediments south of the shoreline of Lake Tahoe and within the watersheds of all drainages entering Lake Tahoe between Tallac Creek and Burke Creek. The South Lake Tahoe Groundwater Sub-basin encompasses the Tahoe Valley-South Groundwater Basin (Basin No. 6-5.01) as originally established in California Division of Water Resources (DWR) Bulletins 118 and 118-80. 7.2.5 Contaminants. Contaminants shall mean naturally occurring or man-made substances in surface water, Groundwater, soil, sediment or upon the land in quantities that may result in an impairment of Groundwater quality within the Plan Area. -16 7.2.6 Contamination. Contamination shall mean the presence of naturally occurring or man-made substances in surface water, Groundwater, soil, sediment or upon the land in quantities that may result in an impairment of Groundwater quality within the Plan Area. 7.2.7 Continuous Monitoring. Continuous Monitoring shall mean a system using equipment which routinely performs the required monitoring on a periodic or cyclic basis throughout each day of each year while the Plan is in effect. 7.2.8 Destroyed Well. Destroyed Well shall mean a Well that is no longer useful and that has been completely filled in accordance with the procedures described in Section 23 of the California Well Standards, DWR Bulletins 74-81 and 74-90 (Supplement to Bulletin 74-81). 7.2.9 District. District shall mean the South Tahoe Public Utility District, acting by and through the District's Board of Directors or their duly authorized representatives. 7.2.10 Domestic Use. Domestic Use shall have the same meaning ascribed to it by California Code of Regulations, Title 23, Section 660. 7.2.11 Extraction. Extraction shall mean the act of obtaining Groundwater by pumping or other controlled means. 7.2.12 Extraction Facility. Extraction Facility shall mean any device or method for the Extraction of Groundwater including, but not limited to, a Well. 7.2.13 Groundwater. Groundwater shall mean the water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water, whether or not flowing through known and defined channels. 7.2.14 Groundwater Basin. Groundwater Basin shall mean an Aquifer or system of Aquifers, that has reasonably well defined boundaries and more or less definite areas of Recharge and discharge. 7.2.15 Monitoring Well(s). Monitoring Well(s) shall mean a Well constructed with a surface seal and a sand filter pack in accordance with accepted design practices in order to provide for the collection of representative Groundwater samples for laboratory analysis. Such Wells may also be used to detect the presence of Contamination, to investigate the extent and monitor the movement of Groundwater Contamination, to monitor water quality or to collect kiiry water-level elevation data to aid in determining the direction of Groundwater flow. -17 7.2.16 Operator. Operator shall mean a Person who operates a Storage Facility which handles and/or stores Petroleum Products Chemicals of Concern. If the District is unable to determine who operates a particular Storage Facility, then Operator shall mean the Person to whom the Storage Facility is assessed by the County Assessor or, if not separately assessed, the Person who owns the Real Property upon which the Storage Facility is located. 7.2.17 Overdraft. Overdraft shall mean the condition of the Basin where the average annual amount of water extracted exceeds the annual supply of water to the Basin. 7.2.18 Person. Person shall mean any individual, firm, partnership, limited liability company, partnership, corporation, association or governmental agency. Governmental agency, as used in this Division, shall not include any local agency exempt from the application of this Division pursuant to state law. 7.2.19 Petroleum. Petroleum shall mean petroleum including crude oil, or any fraction thereof, which is liquid at standard conditions of temperature and pressure, which are 60 degrees Fahrenheit and 14.7 lbs. per square inch absolute. 7.2.20 Petroleum Products Chemicals of Concern. Petroleum Products Chemicals of Concern shall mean the constituents of Petroleum or Petroleum products including, but not viir limited to, fuel ether and alcohol oxygenates found in Petroleum products or fuel additives, which are the result of an unauthorized release of a Petroleum substance resulting from handling, storing or dispensing of Petroleum products. 7.2.21 Physical Barrier Effectiveness. Physical Barrier Effectiveness shall mean an estimate of the ability of the natural geological materials, hydraulic conditions and construction features of a Well or intake point to prevent the movement of contaminants to a drinking water source, determined in accordance with the DHS DWSAP program. 7.2.22 Plan. Plan shall mean this Groundwater Management Plan and its amendments, modifications, and/or supplements. 7.2.23 Plan Area. Plan Area shall mean the area designated in Section 7.3 of this Plan. 7.2.24 Plume(s). Plume(s) shall mean a concentration of Contaminants in soil or Groundwater extending from a point source(s)of release. 7.2.25 Radius of Influence. Radius of Influence shall mean the horizontal distance from the center of a Well to the limit of the cone of depression. -18 7.2.26 Real Property. Real Property shall mean the land and everything permanently fixed as a part of it. 7.2.27 Real Property Owner. Real Property Owner shall mean the Person that is vested with ownership, dominion or legal or rightful title to the Real Property on which a Storage Facility is located. 7.2.28 Recharge. Recharge shall mean the natural or artificial Replenishment of Groundwater storage by percolation or injection of one or more sources of water. 7.2.29 Remediation. Remediation shall mean the clean-up or removal of Contamination from the soil or Groundwater, and any action taken to prevent or minimize the release and/or migration of Contamination into or within the Groundwater Basin. 7.2.30 Repair. Repair shall mean to restore a Storage Facility system component(s) that has caused a release of Petroleum Product Chemicals or Concern from the Storage Facility. 7.2.31 Replenishment. Replenishment shall mean the spreading or injection of water for the purpose of enhancing Recharge to the Basin, or otherwise adding to the storage of Groundwater within the Basin. 7.2.32 Responsible Party. Responsible-Party shall mean the Real Property Owner, the Operator and/or the discharger of Petroleum Products Chemicals of Concern. 7.2.33 Site or Petroleum Contamination Site. Site or Petroleum Contamination Site shall mean any contiguous land, surface water and Groundwater areas upon or into which there has occurred a discharge of Petroleum or Petroleum Products Chemicals of Concern. 7.2.34 Stakeholder Advisory Group. Stakeholder Advisory Group shall mean the ad hoc groundwater management advisory committee appointed pursuant to Section 7.4 of this Plan. 7.2.35 Storage Facility. Storage Facility shall mean any device or method for the handling, mixing, distributing and/or storing of Petroleum or Petroleum Products Chemicals of Concern. 7.2.36 Well(s) or Water Well(s). Well(s) or Water Well(s) shall mean any artificial excavation constructed by any method for the purpose of extracting Groundwater. Well or Water Well shall not include: -19 (1) Oil and gas wells, or geothermal wells constructed under the jurisdiction of the California State Department of Conservation, except those wells converted to use as Water Wells; or (2) Wells used for the purpose of: (a) Dewatering excavation during construction, or (b) Stabilizing hillsides or earth embankments. 7.2.37 Well Interference. Well Interference shall mean a substantial static water level decline in a short period of time in a localized area which is caused by pumping of Groundwater by Extraction Facilities. 7.2.38 Underground Storage Tank. Underground Storage Tank shall mean any one or combination of tanks, including pipes connected thereto, which is used for the storage of Petroleum Product Chemicals of Concern and which is substantially or totally beneath the surface of the ground. Underground Storage Tank does not include any of the following: (1) A tank with a capacity of 1,100 gallons or less which is located on a farm and which stores motor vehicle fuel used primarily for agricultural purposes and not for resale. (2) A tank which is located on a farm or at the residence of a person, which has a capacity of 1,100 gallons or less, and which stores home heating oil for consumptive uses on the premises where stored. (3) Structures, such as sumps, separators, storm drains, catch basins, oil field gathering lines, refinery pipelines, lagoons, evaporation ponds, well cellars, separation sumps, lined and unlined pits, sumps and lagoons. Sumps which are a part of a monitoring system required under Section 25291 or 25292 and sumps or other structures defined as underground storage tanks under the federal act are not exempted by this subparagraph. (4) A tank holding hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices. 7.2.39 Underground Storage Tank Basin. Underground Storage Tank Basin shall mean the location of one or more Underground Storage Tanks in a single excavation and within close proximity to one another if more than one Underground Storage Tank. -20 7.2.40 Zone of Contribution. Zone of Contribution shall mean those areas at the land surface adjacent to and surrounding a well in which the primary criterion is the time of travel (time for groundwater to travel from a point in the aquifer to a Well) in accordance with the California Department of Health Services (DHS) Drinking Water Source Assessment and Protection Program(DWSAP). Section 7.3 Plan Area. 7.3.1 Plan Area. For the purposes of carrying out the goals and objectives established in this Plan, the boundaries of the Plan Area will include portions of El Dorado County, the City of South Lake Tahoe, the Community of Meyers and Christmas Valley situated within the South Lake Tahoe Groundwater Sub-basin to the extent that they lie within the El Dorado County portion of the District's service area as shown in Figure 1 of this Division. 7.3.2 Service Area. For the purposes of carrying out the goals and objectives established in this Plan, the Service Area shall include the El Dorado County portion of the District's service area as established by the El Dorado County Local Agency Formation Commission. The Service Area encompasses approximately 27,000 acres (42 square miles), the boundaries of which are shown in Figure 2 of this Division. kirr 7.3.3 Groundwater Basin Hydrogeology. The Basin is a sedimentary Groundwater Basin within the south portion of the Lake Tahoe Hydrographic Area. The Basin occupies an area of approximately 29,000 acres within a structural valley or graben, that is between the main range of the Sierra Nevada on the west and the Carson Range on the east. Land surface elevations across the Basin range from approximately 6,230 feet above sea level (fasl), along the south shore of Lake Tahoe to more than 7,000 fasl, where glacial moraine deposits contact bedrock on the mid- slopes of the Sierra Nevada, along the west margins of the Basin. Principle surface water drainages within the Basin include the Upper Truckee River and Trout Creek. Structurally, the Basin is a west-tilted asymmetric half-graben. The West Tahoe Fault Zone defines the west side of the graben and is believed to be an east-dipping normal fault, with east-side-down normal displacements. This fault zone trends northwest-southeast across the Basin, from Eagle Point toward the Celio Ranch. A second zone of faulting occurs near the east side of the graben. This east side fault zone trends in a northeast-southwest direction along the mountain front of the Carson Range, from Stateline toward Meyers. This east side fault zone is also believed to be an east-dipping normal fault, with northwest-side-down normal displacements. For the purposes of this Plan, the geologic materials contained within the Basin are broadly subdivided into bedrock and basin-fill deposits. Bedrock consists of metamorphic, granitic and volcanic rocks. These rocks occur along the upper portions of the steep mountain -21 slopes and peaks that surround the margins of the Basin and underlies the structural valley into vqiii which the basin-fill deposits lie. A smaller region of bedrock, composed of meta-sedimentary and granitic rocks, is exposed within the north-central portion of the Basin at Twin Peaks, the adjoining area of low lying hills northwest of Twin Peaks and at Tahoe Mountain. Bedrock is not a significant source of Groundwater within the Basin. Basin-fill deposits, in general, consist of unconsolidated glacial, lake and stream sediments. These sedimentary deposits fill the lower reaches of the canyons that drain toward Lake Tahoe and underlie the relatively flat lying valley floors. Across the Basin, the thickness of these deposits are variable. In general, the basin-fill deposits are relatively thin toward the margins of the Basin and where they cover shallow bedrock areas exposed within the Basin. The basin-fill deposits typically thicken away from these bedrock areas to fill the deepest portions of the Basin, referred to as depocenters. Gravity survey and Well drilling information suggests that at least two depocenters occur within the Basin. The largest of these depocenters underlies the City of South Lake Tahoe. The other depocenter is located north of Fallen Leaf Lake, underlying the present drainages of Baldwin and Taylor Creeks. Basin-fill deposits attain their maximum extent within these depocenters and may be on the order of 600 feet to more than 1,000 feet thick. The principal source of Groundwater in the Basin are the basin-fill deposits. Glacial deposits form the majority of the Aquifers in the Basin. Valley glaciers advanced north toward Lake Tahoe through the Upper Truckee River Valley during at least three episodes of glaciation between 3 million and 12,000 years ago. As these glaciers advanced and receded they formed lateral moraines along the edges of the glaciers path and terminal moraines in front of the ends of the glaciers advance. These moraine deposits are typically jumbled deposits of clay to boulder size material, with moderate permeability. Sediment-laden melt-waters from the receding glaciers flowed in streams, in front of the terminal moraines, north toward Lake Tahoe. These streams dropped their sediment loads along their stream channels and in broad coalescing flood fans, referred to as outwash plains. These glacial outwash deposits are composed of layered beds of well sorted gravel, sand and silt size material, with moderate to high permeability. Where these glacial streams deposited sediment directly into Lake Tahoe, thick deltas were formed of interlayered sand and fine-grained silt and clay. These delta sequences grade laterally with: lakeshore deposits, consisting of moderately well sorted sand and gravel deposits with relatively high permeability; marsh deposits, consisting of fine-grained sand, silt and clay; and lake deposits, consisting of silt and clay. Both the marsh and lake deposits have relatively low permeability. The glacial outwash and delta deposits form excellent Groundwater reservoirs. The best of these reservoirs have been found in the north half of the Basin, beneath the present day Truckee Marsh. -22 Precipitation, predominantly in the form of snow, falling in the Basin watershed, ranges from nearly 25 inches to more than 60 inches per year, depending on location and altitude. Snowmelt is the primary source of Recharge to the Basin and generates, on average, more than 80 percent of the annual runoff within the watershed. Other sources of Groundwater Recharge include stream-flow seepage and Groundwater inflow from the surrounding bedrock. Precipitation, streams draining exposed bedrock areas and stream seepage Recharges the Basin. Infiltrating waters continue their movement through the subsurface as Groundwater flow. In general, the movement of Groundwater through the Basin is south to north, toward Lake Tahoe, which is the dominant hydrologic feature in the Basin. Areas of Groundwater discharge within the Basin occur along the upper reaches of the Upper Truckee River and Trout Creek, in wetland areas situated near the south shore of Lake Tahoe and directly into Lake Tahoe, where basin-fill deposits intersect the shoreline. Additional sources of Groundwater discharge include Groundwater pumping,-evapotranspiration and seepage to-springs - - 7.3.4 Business/Economic Dependence on Groundwater Basin. The District and its customers, including the business community and economic vitality of South Lake Tahoe, is almost entirely dependent on Groundwater. Only a small section of the community, Lakeside Park, is partially supplied water from a surface water source. Visitors to the south shore of Lake Tahoe often compliment about the drinking water of the south shore of Lake Tahoe for its high quality and taste. Drinking water, coupled with the pristine quality and image of Lake Tahoe, is a major asset of the community. The District has been significantly and adversely affected by the release of man- made contaminants into the Groundwater. As of the date of this Division was added to the Administrative Code, the District has already spent several million dollars as a result of the loss of approximately one-third (1/3) of the District's Wells being contaminated by man-made contaminants. The District will be required to spend tens of millions of dollars in the future to fully address the impacts of man-made contaminants on the Groundwater in order to provide its customers with continued high quality drinking water of sufficient quantity to meet their future needs. The production and distribution of uncontaminated groundwater is much more cost effective and efficient than providing Groundwater that has been contaminated with man- made contaminants. The treatment of Groundwater can increase water supply costs significantly, which is currently estimated to be ten to twenty times the cost of supplying uncontaminated Groundwater. Groundwater that must be treated for man-made and/or natural contaminants typically costs several million dollars in capital improvement costs and millions of dollars in annual operating and maintenance. The treatment costs will vary depending upon the volume of water being treated and the logistics of the various treatment systems in the District's water -23 supply system. The cost of implementing this Plan is estimated to be significantly less than the cost of treating contaminated Groundwater. When the impacts to the District and its customers are compared to the cost of this Plan, the benefits of this Plan clearly outweigh the cost of implementation. Further, this Plan will assist the business community by identifying and requiring cleaning-up future releases immediately. As a result, this Plan will have the affect of substantially reducing costs for the assessment and long-term cleanup of contaminant plumes that might otherwise go undetected. The overall cost of operations to the District (minimizing treatment of contaminated Groundwater) and to the business community (minimizing the impacts of man-made contaminant releases by early detection and clean-up) will be reduced. The cost of this Plan when compared to the costs associated with continued release of man-made contaminants into the Groundwater, both to the business community and the District, clearly supports-this Plan. Section 7.4 Stakeholder Advisory Group. 7.4.1 Establishment of Committee. The District shall appoint a Stakeholder Advisory Group consisting of individual Persons who reside within the boundaries of the District or who represent a governmental agency, and who have demonstrated their commitment to protecting the Groundwater resources of the District. The purpose of the group is to enable citizens in the District and representatives of governmental agencies to provide meaningful input in the development and implementation of this Plan. The group will operate on principles of collaboration and consensus. Representation shall be balanced among the general interest categories as follows: California Regional Water Quality Control Board, Lahontan Region, El Dorado County, Tahoe Regional Planning Agency, City of South Lake Tahoe, a Real Property Owner, an Operator, a water purveyor, a business community rate payer, a non-business community rate payer and such other persons as the District deems desirable or advisable. 7.4.2 Meetings and Rules. The Stakeholder Advisory Group shall meet at least once each quarter for one (1) year after the effective date of the original adoption of this Plan and at least semi-annually afterwards. The Stakeholder Advisory Group may meet more frequently as decided by a majority of the group. The group shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with section 54950) of Part 1 of Division 2 of Title 5 of the Government Code.) The Stakeholder Advisory Group shall adopt procedural rules for the conduct of its business. A majority of the total group members shall constitute a quorum. 7.4.3 Chairperson. The members of the group shall elect a chairperson to serve on an annual basis. The chairperson shall preside at all meetings of the group and perform duties consistent with the procedures adopted by the group. -24 7.4.4 Powers. The Stakeholder Advisory Group may advise the District on all matters included within the purposes and provisions of this Division and may comment on rules, regulations and procedures which may be considered for adoption by the Board pursuant to this Division. Section 7.5 Public Education and Community Relations. 7.5.1 Findings. It is essential to involve the public and the commercial and industrial communities in the development and implementation of this Plan. Public education, public participation and community relations are an integral element to Groundwater management in the District. 7.5.2 Services. The District shall continue to provide Groundwater protection educational services to the public through public presentations, public informational items and references to Groundwater protection data available through other governmental agencies. Section 7.6 Condition of Groundwater Basin. fiw 7.6.1 Findings Regarding General Water Quality. Groundwater within the Basin has excellent chemical quality and is suitable for Domestic Use and public water supply. The dissolved solids content within the Groundwater is very low, with the concentrations of inorganic constituents correspondingly low. Based on total alkalinity, the Groundwater is moderately hard. For most constituents, Groundwater within the Basin meets all drinking water quality standards, including California Drinking Water Primary and Secondary Maximum Contaminant Levels (MCLS). However, there have been few instances where, either because of the presence of natural or man-made Contaminants, MCLs have been exceeded. 7.6.2 Findings Regarding Natural Contaminants. Natural Contaminants are defined as undesirable naturally occurring substances found in water or soil which may result in a degradation of Groundwater quality for those substances. Natural Contaminants which occur in the Basin include radiological substances (uranium, gross alpha activity and radon) and potentially arsenic, soluble iron and manganese. Radiological substances include total soluble uranium, gross alpha activity and radon. Incidences of radiological substances exceeding the uranium MCL of 20 picocuries per liter (pCi/L) and/or the gross alpha MCL of 15 pCi/L have been found in the District's South Y ,,, Well and College Well. These Wells are generally situated in areas within the Basin believed to be proximal to shallow bedrock. The source of these radiological substances is believed to be due to the dissolution of uranium-bearing minerals present in the bedrock. On average, concentrations -25 of radiological substances for all water samples collected from each respective District Well, with ,440 the exception of the South Y and College Wells, have been below MCLs. Concentrations of radiological substances in water collected from other District Wells are typically 15 pCi/L or less for total uranium and 10 pCi/L or less for gross alpha. Radon is found in Groundwater occurring throughout the Basin. The source of radon is from the radioactive decay of radium isotopes, which are themselves, disintegration products of uranium. Radon levels in water samples collected from District Wells have ranged from approximately 100 to more than 4,000 pCi/L. An MCL of 300 pCi/L has been proposed for this compound with an alternative MCL of 4,000 pCi/L. The majority of District Wells have average radon levels which are greater than the proposed MCL but less than the proposed alternative MCL. Arsenic levels in water collected from district Wells is below the present MCL of 50 milligrams per liter (mg/L). However, this MCL may be lowered in the future to 10 mg/L or less. Incidences of arsenic greater than 10 mg/L have been found in the Airport Well, Bakersfield Well, Mountain View Well, South Upper Truckee Well #2, South Y Well, Sunset Well, and Tata Well #1. District Wells with water having average arsenic concentrations at or exceeding 10 mg/L include the Bakersfield Well and Tata #1 Well. Sources of arsenic in the Basin are believed to be derived from the weathering of exposed bedrock within and surrounding the Basin and/or the dissolution of arsenic-bearing materials within the basin-fill deposits. Soluble iron concentrations in water from the Al Tahoe Well #1, Blackrock Well #1, Blackrock Well #2, Chris Avenue Well, College Well, Fountain Avenue Well , Glenwood Well #2, Helen Well #1, Helen Well #2, Mountain View Well, South Upper Truckee Well #1, South Upper Truckee Well #2, Tata Well #1, Tata Well #2, Tata Well #3 and Tata Well #4 all have had maximum occurrences exceeding the recommended secondary MCL of 0.300 mg/L. Sources of iron in these Wells may be attributed to natural processes (chemical reactions which occur when waters at varying oxidation states mix in the subsurface) and/or the development of biofilms or corrosion of metal casings within the Wells themselves. On average, soluble iron concentrations for all water samples collected from each respective District Well have been below MCLs, with the exception of the Helen Well #1. Soluble iron concentrations in water collected from other District Wells are typically 0.200 mg/L or less. Soluble manganese concentrations in water from the Glenwood Well #2, Martin Avenue Well and the Tata #4 Well all have had maximum occurrences exceeding the recommended secondary MCL of 0.05 mg/L. These Wells are generally situated across the north- central portions of the Basin. Sources of manganese in these Wells are believed to be from similar sources as described for iron. On average, soluble manganese concentrations for all water samples collected from each respective District Well, with the exception of the Tata #4 Well, -26 have been below MCLs, with the exception of the Martin Avenue Well and Tata #4 Well. Soluble manganese concentrations in water collected from other District Wells are typically 0.020 mg/L or less. 7.6.3 Findings Regarding Man-Made Contaminants. Man-made Contaminants are defined as undesirable substances not normally present in Groundwater which result in a degradation of Groundwater quality for those substances. Man-made Contaminants which occur most frequently in the Basin are volatile organic chemicals (VOCs) including: vinyl chloride (VC); 1,4-Dichlorobenzene (1,4-DCB); tetrachloroethene (PCE); 1,2-Dichloroethane(1,2-DCA); cis-1,2-Dichloroethene (1,2-DCE); Trichloroethene (TCE); Benzene, Toluene, Ethylbenzene and Xylenes (BTEX); and Methyl Tert-Butyl Ether(MtBE). The first six listed VOCs are collectively referred to as chlorinated hydrocarbon compounds (CHCs). These CHCs are most often used as industrial agents used for degreasing metals, cleaning electronic parts and dry cleaning fabrics. They are also contained in many household products such as oil--based paints, drain cleaners, spot removers, engine degreasers and paint removers. BTEX and MtBE are aromatic compounds and alkyl ethers, respectively, which occur in gasoline. CHCs have been detected in Groundwater underlying the former Meyers Landfill facility in the east-central portion of the Basin and are also prevalent in the South Y Area, in the west central portion of the Basin and near Stateline, in the north-east portion of the Basin. CHCs have been detected in water from the District's Blackrock Well #1, Clement Well, Industrial Well #2, Julie Well, and the Tata Well #4. Contaminant levels in water from the Clement Well and the Julie Well have exceeded the MCL for PCE of 0.005 mg/L. Water from these Wells and the Tata Well #4 are treated to remove CHCs prior to water supply use. Levels of CHCs in the Industrial Well #2 and Blackrock Well #1 have not exceeded MCLs. Presently, the source of Contamination in these Wells are unknown. Investigations to identify potential sources of this Contamination are on-going. The primary source of MtBE contamination in the Basin is from spills and releases associated with the operation of gasoline storage and fueling facilities. Most of these facilities are retail Petroleum outlets. At a majority of these facilities, MtBE has been detected in Groundwater underlying these Sites. Therefore, the distribution of this contamination closely corresponds to the locations of gasoline storage and fueling facilities, which are located primarily along the Highway 50 corridor from Stateline to Meyers. At many of these Sites, MtBE contaminant Plumes have impacted significant portions of the Basin and have degraded the water quality of water producing zones used by District Wells. Significant areas of MtBE Groundwater Contamination occur in the Meyers area, in the South Y Area, the lower portion of the Upper Truckee River, near the intersection of Highway 50 and the lower portion of Trout Creek near the intersection of Highway 50 and along Highway 50, near Stateline. -27 The District has removed twelve (12) Wells from service and reduced the ,400 operating rate of one (1) municipal water Well due to MtBE Groundwater Contamination. MtBE has been detected in water from the District's Arrowhead Well #1, Arrowhead Well #2, Arrowhead Well #3, Julie Well, South Y Well, Tata Well #1, Tata Well #2, Tata Well #3, and the Tata Well #4. Contaminant levels in water from the South Y Well and the Tata Well #4 have exceeded the secondary MCL for MtBE of 0.005 mg/L (equivalent to five (5) parts per billion). In portions of the Basin, the arrangement of Aquifers and confining layers and the construction of some District Wells is such that there is little, if any hydraulic separation between the uppermost portions of the water table Aquifer and the water producing zones used by most of those Wells. Therefore, additional District Wells have been removed from service to prevent the Contamination of neighboring District Wells and to inhibit the further spreading of MtBE Contamination within the Basin. 74.4- Findings Regarding Groundwater Levels. The basin-fill deposits consist of sequences of sand and gravels which are inter-layered with silts and clays. The sand and gravel deposits form the principal water-bearing reservoirs (Aquifers), while the silt and clay deposits form confining layers (aquitards) which retard the movement of Groundwater. Where these confining layers separate adjoining Aquifers, the water level elevations measured in these Aquifers may differ. As a result, Groundwater levels within the Basin vary with respect to location and construction of the Wells in which the water level is measured. Groundwater levels within the Basin also fluctuate in response to seasonal Aquifer Recharge and discharge cycles and the hydraulic influences of pumping Wells. Static water level elevations from the majority of District Wells provide water- level elevations for Aquifers occurring at depths from between 100 to 400 feet below ground surface. In general, static water level elevations in these Wells typically range from approximately 6220 feet above sea level (fasl), in the Al Tahoe area(at the north end of the Basin)to 6380 fasl in Christmas Valley (at the south end of the Basin) East of the Upper Truckee River, the general direction of Groundwater flow is to the north-east. West of the Upper Truckee River, Groundwater flow is to the north. The water-level elevation and ground-water flow information indicates that Groundwater from these relatively deep Aquifers discharges to Lake Tahoe. Static water level elevations for the uppermost portion of the shallow water table Aquifer are routinely measured by shallow environmental Monitoring Wells. These Monitoring Wells are typically installed as a result of Contamination assessment investigations performed , within the Basin. Static water level measurements from these Monitoring Wells suggests Groundwater is very shallow across the Basin and is typically encountered within twenty feet of -28 land surface. In portions of the Basin, this shallow Groundwater may represent either a perched water horizon or the top of the water table Aquifer. Water table elevations typically range: from between 6240 fasl to 6250 fasl along the Highway 50 corridor (within the northeast quarter of the Basin); from between 6250 fasl to 6270 fasl in the South Y area (within the northwest quarter of the Basin); and from between 6315 fasl to 6325 fasl in the Meyers area (near the south end of the Basin). Comparison of water level measurements collected from environmental Monitoring Wells and District Wells show that strong downward (negative) vertical hydraulic gradients are present in the Basin. Negative vertical gradients have been identified during investigations in the Meyers area, in the South Y area and along the Highway 50 corridor through the north-central portion of the Basin. Downward gradients typically occur in Recharge areas within a Groundwater Basin. The observed downward gradients are also believed to result from high Groundwater Recharge rates. 7.6.5 Findings Regarding Zones of Contribution Surrounding District Wells. In accordance with the DHS DWSAP, the Zones of Contribution(ZOC) shall be defined as follows: Zone A is defined by the surface area overlying the portion of the Aquifer that contributes water to the Well within a two-year time-of-travel. Zone B5 is defined by the surface area overlying the portion of the Aquifer that contributes water to the Well within a five-year time-of-travel. Zone B10 is defined by the surface area overlying the portion of the Aquifer that contributes water to the Well within a ten-year time-of-travel. These zones have been delineated for the District Wells occurring within the Plan Area using the modified calculated fixed radius method and are shown in Figure 3 of this Division. These ZOCs identify the surface and subsurface areas through which Contaminants are reasonably likely to reach a Well. At present, there are twenty-five(25) Storage Facilities located in the Plan Area. Nineteen (19) of the Storage Facilities lie within ZOCs surrounding District Wells. Of the Storage Facilities identified within District ZOCs, sixteen (16) are actively used for gasoline storage. These Storage Facilities are distributed such that: Seven(7) gasoline Storage Facilities, at present, lie within Zone A; Six (6) gasoline Storage Facilities, at present, lie within Zone B5; and Three(3) gasoline Storage Facilities, at present, lie within Zone B10. -29 Since 1997, the District has removed twelve (12) municipal water supply Wells from service as a result of man-made Contaminants in Groundwater, specifically MtBE. The source of this Contamination was associated with fuel delivery, storage or dispensing activities occurring at Storage Facilities. Because the District Wells have been found to be vulnerable to Contamination, the District intends to develop an Early Detection Immediate Response (EDIR) plan to monitor and assist interim remedial actions for the clean-up of potential spills and releases from Storage Facilities situated within District ZOCs. If needed, the District may delineate and establish Buffer Zones to the defined ZOCs. The purpose of the Buffer Zones shall be to provide added protection for District Wells from activities that may be significant potential sources of Contamination within the Plan Area, but outside the designated ZOC. The Buffer Zone will be established based on the activities that occur outside of the ZOC, the presenc-e of Contaminants and the vulnerability of District Wells to the identified Contamination. Section 7.7 Studies,Investigations and Annual Report. 7.7.1 Data Collections and Investigations. The District may collect data and carry on technical and other investigations necessary to carry out this Division. All hydrogeological investigations and studies carried out by, or on behalf of, the District shall be conducted by, or under the supervision of, licensed engineers, hydrogeologists or other Persons qualified in hydrology or hydrogeology. The District and its authorized agents shall have the right to enter upon any property at any reasonable time within the District to the extent permitted by law. 7.7.2 Annual Report on Groundwater Conditions. The District shall prepare annually a report on Groundwater supplies and conditions in the Plan Area, including Groundwater management goals and objectives. The report shall identify and prioritize Groundwater quality problems in the Plan Area, propose specific actions and inter-governmental agency coordination and an implementation schedule along with an estimated budget including engineering, consultant and legal fees and expenses, and District overhead, and a summary of District enforcement actions, if any. The report may include such other information as the District determines applicable to Groundwater supplies, the Basin and the Plan Area. 7.7.3 Hearing. The District shall hold a public hearing regarding the annual report on Groundwater supplies and conditions. Upon completion of the hearing, the District shall make findings and shall by resolution determine the relative priority of those Groundwater quality problems in the Plan Area which pose the greatest threat to human health, the status of District vted water supplies, and the impacts on environment, the specific actions necessary and appropriate to address the prioritized problems, recommended inter-governmental agency coordination, the -30 schedule for implementing the actions and a budget allocating the necessary resources to address the prioritized problems. Section 7.8 Establishment of Wellhead Protection Areas. 7.8.1 Water Source Assessment. The District shall establish wellhead protection areas in a manner which conforms to the methods contained in the DHS DWSAP Program. The District shall submit its wellhead protection plan and assessment map to DHS for purposes of the DWSAP Program and make every effort to obtain DHS approval of this Plan. 7.8.2 Locate Drinking Water Sources. The District shall identify the location of all of its Groundwater sources of drinking water (Wells) within the Plan Area using a global positioning system (GPS) unit, in accordance with the DHS DWSAP Program. The location of all sources shall be-shown on the assessment map. 7.8.3 Delineation. The District shall identify the protection area for each identified source. The protection area is comprised of the Aquifer and Recharge area. The District shall delineate zones for the protection areas using the modified calculated fixed radius method or other methods approved by DHS, in accordance with the DHS DWSAP Program. The protection areas and zones shall be shown on the assessment map. 7.8.4 Determination of Physical Barrier Effectiveness. The District shall compile information characterizing each source to determine the Physical Barrier Effectiveness of each source. The Physical Barrier Effectiveness and shall consider the degree of confinement of the Aquifer based on geologic and hydrologic data and each source shall be scored in accordance with the DHS DWSAP Program. 7.8.5 Possible Contaminating Activities. The District shall identify possible contaminating activities for each source, in accordance with the DHS DWSAP Program. Possible contaminating activities are potential origins of significant Contamination in the delineated source water protection area. The District shall identify possible contaminating activities for all Contaminants of concern listed in the DHS DWSAP Program and any other Contaminants of concern to the District. The location of the possible contaminating activities shall be shown on the assessment map. The possible contaminating activities shall be ranked based on potential risk to a water supply according to the DHS DWSAP Program. 7.8.6 Vulnerability Analysis. The District shall prioritize the vulnerability of each Groundwater source to develop a vulnerability analysis for each Groundwater source. The Groundwater sources shall be prioritized based on the Physical Barrier Effectiveness scores of each Groundwater source and the rankings for each possible contaminating activity performed in -31 accordance with the DHS DWSAP Program. 44110 7.8.7 Management Plan. Based on the priorities identified in the vulnerability analysis, the District shall develop and implement a plan to prevent or minimize the impact of Contamination from the possible contaminating activities. This Plan shall conform to requirements of the DHS DWSAP Program, as may be amended. Section 7.9 Groundwater Monitoring 7.9.1 Findings. The District finds that releases of Petroleum Products Chemicals of Concern are a cause of and continue to present a material risk of Contamination. The District finds it advisable and in the best interest of the District in protecting the quality and quantity of Groundwater in the Plan Area, to establish and implement a Basin monitoring program. The Basin monitoring program is intended to provide a means for the early detection of Petroleum Contamination, and allow for interim Remediation and prevention of future releases of Contamination. EDIR Groundwater monitoring is a crucial element of and integrated into the Basin monitoring program because it provides a non-visual means of monitoring for unauthorized releases of Petroleum Products Chemicals of Concern from Storage Facilities. 7.9.2 Basin Monitoring Program. The Basin monitoring program shall consist of the measures identified in this Plan and may be further implemented by the District's adoption of rules, regulations and procedures consistent with this Plan. (1) Real Property Owner and/or Operator Monitoring. If the Real Property Owner and/or Operator performs the monitoring, whether voluntarily or at the direction of another governmental agency, that Person must substantially follow all District rules, regulations and procedures of the monitoring program. Failure to substantially perform the monitoring in accordance with the District rules, regulations, and procedures shall be a violation of this Division. Should the Real Property Owner and/or Operator fail to substantially perform the monitoring in accordance with District rules, regulations and guidelines, the District may take action to compel compliance, and/or the District may assume responsibility for the monitoring. (2) District Monitoring. In the event that the Real Property Owner and/or Operator does not perform the required monitoring as described above, the District shall conduct all monitoring. The District shall implement the monitoring program in accordance with California Water Code §§ 10750, et seq., California Public Utilities Code §§ 15501, et seq., and any other provision of law applicable to the implementation of the monitoring program. 7.9.3 EDIR Monitoring Well Installation. The District may install EDIR Monitoring Wells within the Basin or utilize existing Monitoring Wells for the purpose of -32 kir monitoring changes and measuring water quality conditions within the Basin. The number and location of the EDIR Monitoring Wells will be determined by the District exercising its discretion. The District shall install EDIR Monitoring Wells at its cost and expense. 7.9.4 Location of EDIR Monitoring Wells. Based on the District's wellhead protection plan and assessment, conducted in accordance with Section 7.8 of this Plan, the District shall identify the most beneficial locations for EDIR Monitoring Wells. The locations shall be established in the following manner: (1) The District shall identify the location of wellhead protection areas and zones of influence; (2) The District shall identify the location of existing Monitoring Wells and determine which are suitable for use as EDIR Monitoring Wells; and (3) The District shall use its discretion to identify appropriate locations for new EDIR Monitoring Wells based on the following criteria: (a) The information obtained in the wellhead protection assessment, conducted pursuant to Section 7.8; (b) The relative location of potential Sites compared to existing Monitoring Wells; CO) The characteristics of the potential Sites which create a potential for Contamination; and (d) Any other factors that the District deems relevant to determine the appropriate locations for EDIR Monitoring Wells. 7.9.5 Groundwater Monitoring Requirements. Groundwater monitoring shall be performed at each EDIR Monitoring Well location by the District, the Operator or the Real Property Owner of the Real Property where the Monitoring Well is located, or both. (1) The District, in its discretion, shall determine the sampling frequency for each EDIR Monitoring Well, taking into consideration the proximity to District's water, the risk of Contamination associated with the Storage Facility being monitored, the existence and 416•r frequency of any ongoing monitoring performed at the Storage Facility required by another governmental agency and any other criteria associated with the DHS DWSAP Program developed pursuant to Section 7.8 of this Plan. -33 (2) The District shall work with the Operator and/or Real Property Owner where such EDIR Monitoring Well(s) is to be located to determine the schedule and protocol for the EDIR Groundwater monitoring and, to the extent reasonably possible, minimize any duplication of monitoring being performed at the Storage Facility for or by other Governmental Agencies. 7.9.6 Monitoring. To protect and/or enhance the quality and quantity of water within the Basin, the District shall conduct a Basin Monitoring Program. The monitoring Program may consist of the measures identified in this Plan and will be implemented by the adoption of rules, regulations and procedures. (1) Existing Monitoring. If the Operator and/or Real Property Owner is performing monitoring pursuant to the-requirements of-another--governmental agency, the District may accept such monitoring schedule and results, provided the monitoring substantially conforms to the District's rules, regulations and procedures as related to the monitoring program. (2) District Monitoring. The District shall perform all monitoring of new EDIR Monitoring Wells installed pursuant to this Plan and existing EDIR Monitoring Wells when there is no other monitoring or the existing monitoring does not substantially conform to all the District's rules, regulations and procedures as related to the Monitoring Program. 7.9.7 New EDIR Monitoring Well Construction. EDIR Monitoring Wells installed pursuant to this Plan shall be drilled and installed in accordance with all applicable regulations contained in the El Dorado County Well Standards Ordinance, the California Underground Storage Tank Regulations (Section 2648 and 2649 of the California Code of Regulations (CCR) Title 23, Chapter 16), and the following Plan requirements: (1) EDIR Monitoring Wells shall be located down-gradient, if possible, and as near as possible to each Underground Storage Tank Basin, as determined in the discretion of the District, within the boundaries of the Real Property encompassing the Storage Facility with the following minimum requirements: (a) One or more Underground Storage Tanks - one EDIR Monitoring Well situated near the centerline of the Underground Storage Tank Basin, near the fill end of the tank. (b) Pipelines - one EDIR Monitoring Well situated near the down-gradient margin of the fueling apron. ©) The District shall have the discretion to require fewer or more EDIR Monitoring Wells. -34 (2) EDIR Monitoring Wells shall be capable of detecting releases of Petroleum Products Chemicals of Concern in Groundwater within the uppermost portion of the water table underlying the Storage Facility. (3) EDIR Monitoring Wells shall be constructed to allow for the installation of a low flow dedicated sampling pump for the periodic collection of samples for laboratory analysis. (4) EDIR Monitoring Wells shall be constructed to allow for the emergency installation of an Extraction pump capable of removing contaminated Groundwater at rates sufficient to capture and prevent the further migration of releases of Petroleum Products Chemicals of Concern from the most likely release points at the Storage Facility including, but not limited to-, the Underground Storage Tank Basin(s), fueling dispenser island(s), satellite dispensers and underground piping used for Petroleum fuel conveyance. (5) EDIR Monitoring Wells shall be clearly marked and locked to avoid unauthorized access and tampering. Copies of all Well keys shall be maintained in a secured place on-site at the Storage Facility and at the District headquarters. Copies shall also be made available to the El Dorado County Environmental Management Division and California Regional Water Quality Control Board, Lahontan Region, personnel, upon request. (6) The locations of each EDIR Monitoring Well shall be surveyed using a global positioning system (GPS) unit and recorded in latitude and longitude decimal degrees or as otherwise determined by the District. (7) The ground surface and top of casing elevations for EDIR Monitoring Wells shall be surveyed by a California Registered Land Surveyor. (8) The District shall be responsible for preparing and/or assembling the following information and providing copies to the El Dorado County Environmental Management Department and the California Regional Water Quality Control Board, Lahontan Region: (a) A scaled map of the Storage Facility showing the locations of all fuel storage and dispensing facilities, including underground lines and identifying the locations of existing Monitoring Wells and EDIR Monitoring Wells based on information provided by the Real Property Owner and/or the Operator; and. kof (b) Copies of pertinent EDIR Monitoring Well information including completed Water Well Driller's Reports and geologic boring logs. -35 4010 ©) Copies of EDIR Monitoring Well location information including the date the GPS location survey was conducted, the GPS Unit (manufacturer/model) used, the accuracy of the GPS unit (+/- feet), the recorded GPS Well location coordinates, in latitude and longitude decimal degrees, and the surveyed elevation information for each EDIR Monitoring Well. 7.9.8 Existing EDIR Monitoring Well Construction. In accordance with section 7.9.4 of this Plan, the District shall identify the location of existing Monitoring Wells to determine which are suitable or use as EDIR Monitoring Wells. The existing Monitoring Wells accepted by the District as EDIR Monitoring Wells shall substantially conform to the requirements of Section 7.9.7 for new EDIR Monitoring Well construction except that existing Monitoring Wells do not need to be constructed to allow emergency installation of an extraction pump for removing contaminated-Groundwater. In the€ve-nt-an-existing Monitoring-Well no longer substantially conforms to the above requirements, the District may install a new EDIR Monitoring Well(s). 7.9.9 Monitoring Reports. The Real Property Owner and/or the Operator or both shall, for a period of five (5) years, maintain reports of all samples taken from EDIR Monitoring Wells. Reports of all samples maintained by the Real Property Owner and/or Operator shall be submitted to the District in an electronic format acceptable to the District within ten (10) business days of each sampling event. 7.9.10 Failure to Report. Failure to supply any monitoring report or falsification of any monitoring report shall constitute a violation of this Division. 7.9.11 Best Management Practices. The District shall adopt Best Management Practices with the goal of detecting and preventing releases of Petroleum Products Chemicals of Concern. The District shall coordinate its Best Management Practices with those of the Tahoe Regional Planning Agency. In addition to requiring compliance with the District's Best Management Practices, the District shall encourage real property Owners and/or Operators to comply with the Tahoe Regional Planning Agency's Best Management Practices. Section 7.10 Response to Contamination. 7.10.1 Groundwater Release Prevention and Response Plan. Each Property Owner and/or Operator of a Storage Facility shall submit to the District a Groundwater Release Prevention and Response Plan (GRPRP) within two (2) months of the adoption of the Ordinance enacting this Division. A copy of the GRPRP shall also be provided to the El Dorado County Environmental Management Division and the California Region Water Quality Control Board, -36 Lahontan Region, for Storage Facilities not yet in operation at the time of adoption of this ordinance; the GRPRP shall be submitted within two (2) months of beginning operations. Along with the GRPRP, a copy of the El Dorado County Environmental Management Department approved Unauthorized Release Response Plan (or its equivalent) shall also be submitted to the District. The District, in cooperation with the Lahontan Regional Water Quality Control Board and El Dorado County Health Department, shall have the discretion to, modify the GRPRP as necessary to develop a comprehensive and specific interim Remediation action plan and regulate the migration of Contamination in the Groundwater. The GRPRP shall include a detailed and specific discussion of the interim Remediation action that will be taken to respond to and remediate any release of Petroleum Products Chemicals of Concern from Storage Facilities, including, but not limited to the following elements: (1) A provision designating either the Real Property Owner or the Operator as the person or entity responsible(GRPRPResponsibleParty) for implementing theGRPRPforthe respective Storage Facility. The GRPRP shall include the written approval of both the Real Property Owner and the Operator of the Storage Facility of the designated GRPRP Responsible Party; thir (2) A provision requiring the GRPRP Responsible Party to contact the District, the El Dorado County Environmental Management Department, and the California Regional Water Quality Control Board, Lahontan Region, within twenty-four (24) hours of a suspected or known release of Petroleum Products Chemicals of Concern; (3) A description of the actions and a schedule for the actions to be taken by the GRPRP Responsible Party in the event of a suspected or known release of Petroleum Products Chemicals of Concern; (4) A description of the actions and a schedule for the actions to be taken by the GRPRP Responsible Party in the event an EDIR Monitoring Well identifies a release of Petroleum Products Chemicals of Concern; (5) A list of personnel, including name, address, and business phone number, who would be used to directly respond to a release of Petroleum Products Chemicals of Concern; (6) A list of equipment and equipment vendors including contractor contact name, address, and business phone number, who would be used to directly respond to a release of Petroleum Products Chemicals of Concern; (7) A provision for the GRPRP Responsible Party to submit follow-up reports -37 to the District regarding the interim Remediation actions taken and results of that action as required by the California Regional Water Quality Control Board, Lahontan Region. (8) A provision for the GRPRP Responsible Party to submit a final report upon completion of the interim Remediation actions to the District, the El Dorado County Environmental Management Department, and the California Regional Water Quality Control Board, Lahontan Region. 7.10.2 Confirmation Sampling. If any sample from any EDIR Monitoring Well detects concentrations of Petroleum Products Chemicals of Concern at or above the Action Level, a confirmation sample of that EDIR Monitoring Well shall be taken within one (1) business day of the initial detection. Samples shall be processed and results furnished to the District within five (5) days of the sampling being taken from the EDIR Monitoring Well. If results of the confirmation_sample do-not-confirm the results of the original--sample,-additional samples shall-be taken until the District is satisfied with the accuracy of the sample results. 7.10.3 Interim Remediation. Within fifteen (15) days of the date that Petroleum Products Chemicals of Concern have been confirmed in an EDIR Monitoring Well, the Real Property Owner and/or Operator shall implement an interim Remediation action in conformance with the GRPRP. The primary goal of the interim Remediation action shall be to immediately remove the contaminant mass from the subsurface and control the spread of Groundwater Contamination. The interim Remediation action shall continue to be operated uninterrupted until the Contamination is fully remediated or an on-site Remediation system, as described in Section 7.10.4, is operating in compliance with all applicable governmental agencies with jurisdiction over the long-term remediation of the contamination, whichever occurs first. 7.10.4 Remediation Assessment and Plan. Within forty-five (45 days) of the date that Petroleum Products Chemicals of Concern have been confirmed in an EDIR Monitoring Well in concentrations at or above an Action Level, the Real Property Owner and/or the Operator shall complete a Remediation assessment and submit an on-site Remediation plan to the Regional Water Quality Control Board, Lahontan Region, in accordance with its requirements. A copy of the on-site Remediation assessment and system plan shall also be provided to the District. 7.10.5 On-Site Remediation System. The Real Property Owner and/or Operator shall implement the on-site Remediation system plan in accordance with the California Regional Water Quality Control Board, Lahontan Region's requirements. The District may seek approval from the California Regional Water Quality Control Board, Lahontan Region, to alter the on-site Remediation system plan, if the District determines alternative or additional remediation is required to effectively clean-up or regulate the migration of Contamination in the Groundwater. The Real Property Owner's and/or Operator's failure to comply with the rules, regulations and -38 requirements of the California Regional Water Quality Control Board, Lahontan Region, shall also constitute a violation of this Division, to the extent permitted by law. 7.10.6 Identification of Source of Release. Upon identifying a confirmed release of Petroleum Products Chemicals of Concern, the District shall contact the Real Property Owner and/or Operator where the release occurred and the El Dorado County Environmental Management Department to perform an inspection to confirm that all portions of the Storage Facility are operating properly and are not leaking. The Real Property Owner and/or Operator shall make every reasonable effort to promptly determine and correct the source of the release. During the Storage Systems Inspection, the El Dorado County Environmental Management Department shall be the agency responsible for directing all testing, as needed, of the pertinent Storage Facility components using the best available technology as determined by the El Dorado County Environmental Management Department. The Real Property Owner and/or Operator of the Storage_Facility shall maintain copies of all. El Dorado County Environmental-Department Inspection Reports with respect to the release of petroleum products and chemicals of concern at the Storage Facility with copies provided to the District or made available to the District, upon request. 7.10.7 Evaluation of Report. Based on the findings of the Storage System Inspection, the Real Property Owner and/or Operator of the Storage Facility, in coordination with the El Dorado County Environmental Management Department, shall be the agency to determine the procedures to be taken to repair the Storage Facilities to prevent further and future releases of Petroleum Products Chemicals of Concern. Based on the District's evaluation of the findings of the Storage System Inspection, conducted pursuant to Section 7.10.6, and the conditions of the Basin in the area of the release, the District may request that the El Dorado County Environmental Management Department take additional action to prevent further contamination or to facilitate repairs, including, but not limited to, issuing an order that the Storage Facility be temporarily shut-down. 7.10.8 Repair of Facilities. After the results of the Storage System Inspection, conducted pursuant to Section 7.10.6, have been reported to the District, and the source of the release has been identified, the Real Property Owner and/or the Operator shall repair the system in accordance with the El Dorado County Environmental Management Department requirements and procedures to prevent any future release of Petroleum Products Chemicals of Concern. The Real Property Owner and/or the Operator shall provide the District with a copy of the notice from the El Dorado County Environmental Management Division confirming that the required repairs have been completed and that the Storage Facility is fuel-tight. thy 7.10.9 Failure to Identify Source of Release. Should the Storage System Inspection pursuant to Section 7.10.6 fail to identify the source of the release, the District may request that -39 the El Dorado County Environmental Management Department take such other action to prevent further contamination including, but not limited to, issuing an order to temporarily shut-down the Storage Facility. The Real Property Owner and/or Operator shall conduct follow-up inspections until the source of the release is identified. Upon identification of the source of release, the Real Property Owner and/or Operator shall notify the El Dorado County Environmental Management Department to inspect the identified source of release. Following visual inspection, the Real Property Owner and/or Operator shall complete the necessary Repairs. 7.10.10 Restart of Handling and/or Storage Facilities. The El Dorado County Environmental Management Department has the discretion to withdraw its prior issued order of temporary shut-down, and allow the Storage Facility to restart operations in accordance with its rules and regulations. The Real Property Owner and/or Operator shall notify the District when the Storage Facility operation is restarted. 7.10.11 Point of Compliance Welt Installation. Point of compliance-Monitoring Wells- installed between the Site and the nearest District water supply Well shall be used to the fullest extent possible to ensure that Contamination from the Site does not migrate undetected from the Site or beyond the EDIR Monitoring Wells. The District shall provide criteria for the design and placement of the point of compliance Well(s). 7.10.12 Remediation Monitoring. The Remediation Responsible Party shall monitor the Remediation action as required by the California Regional Water Quality Control Board, Lahontan Region. The Real Property Owner and/or Operator shall provide the District with reasonable access to the point of compliance Well(s) to conduct its own monitoring. The Remediation Responsible Party shall submit copies of all reports to the District at each monitoring interval as required by the California Regional Water Quality Control Board, Lahontan Region. Based on the reports, or the results of the District's own monitoring, the District may seek modification of the Remediation action by the California Regional Water Quality Control Board, Lahontan Region, to ensure quick, efficient and thorough containment and Remediation of the Contamination, and to prevent Contamination from migrating to the District's Well(s). Section 7.11 Enforcement. 7.11.1 Violation. Violation shall mean any act or omission, or an attempt that contravenes any of the provisions of this Division or other provisions of law. 7.11.2 Cease and Desist Order. The District may issue an administrative order requiring any Responsible Party to cease and desist the activity which is causing or contributing to Groundwater contamination. -40 4110, 7.11.3 Court Ordered Restraining Order. The District may apply for a restraining order against any Person who violates any section of this Division. The application for restraining order shall comply with Code of Civil Procedure sections 513.010 and 525, et seq., California Rules of Court Rule 359 and other laws, as applicable. 7.11.4 Administrative Hearing. 7.11.4.1 Administrative Hearing Request. Any Person who receives a cease and desist order or a notice that administrative fines and penalties are due may contest that there was a violation or that he or she is the Responsible Party, by completing a request for administrative hearing form and returning it to the District within twenty (20) days after the District gives notice of the cease and desist order or of the administrative fines and penalties. In the case of a request for an administrative hearing to review administrative fines and penalties, the requesting party shall make_an_advance deposit_of the fine_or penalty at the time of submitting the --- request for administrative hearing form to the District. 7.11.4.2 Administrative Hearing Procedures. Upon receipt of a request for administrative hearing form and deposit, if applicable, the District shall hold an administrative hearing at the next regularly scheduled board meeting to determine whether the recipient of the 4111, notice of violation is responsible for a violation of this Division. The hearing shall be conducted pursuant to the United States Constitution and California Government Code section 11400, et seq. 7.11.5 Administrative Fines and Penalties. Any Person who violates any section of this Division shall be subject to administrative fines and penalties pursuant to Government Code section 53069.4. Each day's continuance of a violation of an ordinance shall constitute a separate and additional violation. (1) Amount. The District may impose a fine or penalty not to exceed $100 for a first violation, $200 for a second violation of the same section of this Division within one year, and $500 for each additional violation of the same section of this Division within one year. (2) Notice. The District shall notify the Responsible Party responsible for a violation of this Division that administrative fines and penalties are due. Such notice shall be in writing, and shall be delivered by first-class mail addressed to the Responsible Party at the Responsible Party's last known address, and posted on the property where the violation occurred. Notice of an administrative fine or penalty shall contain the following information: (a) The date of the violation; (b) The address or a definite description of the location where the viola- -41 tion occurred; ©) The section of this Division violated and a description of the viola- tion; (d) The amount of the fine for the violation; (e) A description of the fine or penalty payment process, including a description of the time within which and the place to which the fine or penalty shall be paid; (f) An order prohibiting the continuation or repeated occurrence of the ordinance violation described in the notice; and (g) A description of the administrative review process, including the time within which the administrative fine or penalty may be contested and the place from which a request for hearing form to contest the administrative fine or penalty may be obtained. (3) Payment. The fine or penalty shall be paid to the District within thirty (30) days after posting of the notice of violation. Any fine or penalty paid shall be refunded if it is determined, after a hearing, that the Person charged was not responsible for the violation or that there was no violation as charged. (4) Collection. Remedies for collecting and enforcing fines and penalties for violation of this Division are cumulative and any and all may be used alternatively, and none of the remedies are exclusive. At its discretion, the District may employ the following mechanisms for the collection of fines and penalties: (a) Fines and penalties imposed for violation of this Division may be added to and become part of the charges fixed by the District for commodities and services furnished to the Real Property where the violation occurred if the Real Property is owned, controlled, or in the possession of the same Person who owned, controlled, or was in possession of it during the time the violation occurred, pursuant to California Water Code § 10754. (b) Fines and penalties imposed for violation of this Division may be added to and become part of the annual assessment levied upon the land where the violation occurred if the Real Property is owned, controlled, or in the possession of the same Person who owned, controlled, or was in possession of it during the time the violation occurred, pursuant to California Water Code § 10754, and in accordance with Public Utilities Code § 16469. Fines and penalties added to an assessment are a lien on the land, in accordance with Public Utilities Code § -42 kir 16470. ©) Fines and penalties imposed for violation of this Division may become a lien on the land where the violation occurred if the District records a certificate of the amount of fines and penalties due, pursuant to California Water Code § 10754 and Public Utilities Code § 16472.1. (d) Fines and penalties may be collected in the same manner, by the same Persons, and at the same time together with the general taxes levied for the District, pursuant to California Water Code § 10754 and Public Utilities Code §§ 16641 et seq.. (e) Fines and penalties may be collected by an action in any court of competent jurisdiction against a Person or Persons who owned the Real Property where the violation occurred for the collectionof all_fines and._penalties, pursuant to the provisions of the Public Utilities Code § 16647. 7.11.6 Judicial Review. Any Person aggrieved by the District's final administrative decision to impose fines and penalties for violation of this Division may obtain review of the administrative decision by filing an appeal to be heard by the appropriate court in El Dorado County in accordance with the timelines and provisions stated in California Government Code section 53069.4. Any Person aggrieved by the District's final administrative decision to issue fines and penalties may obtain review of the administrative decision by filing a petition for writ of mandate in the court in accordance with Government Code section 11523 and Code of Civil Procedure section 1094.5, et seq. 7.11.7 Liability. The Real Property Owner and the Operator shall be jointly and severally liable for compliance with the provisions of this Division. The Real Property Owner and Operator may allocate liability between themselves by contract or otherwise but any such allocation shall not effect compliance with this Division nor be binding upon the District. The District in pursuing its remedies may proceed against Real Property Owner, the Operator, or both, as determined by the District in its sole discretion. 7.11.8 Rules and Regulations. The District shall have the authority to promulgate rules, regulations and procedures to implement and carry out the intent and purpose of this Plan, provided such rules, regulations and procedures are consistent with this Plan and reasonably related to the intent and purpose of this Plan. 4111, 7.11.9 Other Remedies. The District may pursue any or all remedies, at law or in equity, whether or not enumerated in this division, for any purpose related to this Plan. -43 Section 7.12 Costs of Implementing Plan. 7.12.1 Findings. The District finds and declares that this Plan is necessary for the protection of Groundwater resources within the District, and that it is in the public interest and will benefit all Persons residing within the Plan Area. The District further finds and declares that specific categories of activities pose greater threats to Groundwater quality than others, and that Persons engaged in those activities should be responsible for a proportionate share of the costs of implementing this Plan based on the proportionate risk posed by their activities. 7.12.2 Charges. The District may include the costs associated with this Plan in the District's charges for commodities and services in accordance with Public Utilities Code section 16467 and the ordinances,rules and regulations of the District. The District may include the costs of this Plan in(1) general charges for commodities and services, and charge the costs uniformly to all District customers; (2)-special charges-for-commodities-and-services, and-charge-the costs to-a -- - special class of customers engaged in activities which increase the potential for Groundwater Contamination; or(3) a combination of general and special charges. 7.12.3 Special Taxes. The District may assess special taxes to raise funds for carrying on its operations and paying its obligations, in accordance with Public Utilities Code section 16641, et seq. All special taxes assessed by the District must be applied uniformly to all taxpayers. 7.12.4 Replenishment Assessments. The District may impose Replenishment assessments for the collection of costs associated with the removal of Contaminants from the Groundwater supplies of the District, in accordance with California Water Code section 60300, et seq. 7.12.5 Groundwater Management Account. All monies collected by the District pursuant to this Division shall be placed in the District's Water Enterprise Fund. Section 7.13 Amendment/Termination. 7.13.1 Amendment/Termination. This Plan may be amended by the District from time to time after its adoption, or may be terminated at any time by the District. Amendments or termination will be considered and approved, or disapproved, only at a noticed public hearing by the District. -44