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Ordinance No. 474-99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 474-99 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING AND SUPERSEDING THE CURRENT ADMINISTRATION, WATER, SEWER, AND STREET LIGHTING 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 E1 Dorado, aS .follows: SECTION I - POLICY AND PURPOSE The purpose of this Ordinance is to adopt the updated and revised South Tahoe Public Utility District Administrative Code. The November 18, 1999 version of the 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 other Ordinances 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. SECTION III - FINDINGS The Board makes the following findings: 1. Notice of Hearing of this Ordinance was duly given, authorized, posted, and published, as required by-law and specifically, that said Notice fixing the time and place of hearing on this Ordinance was duly given, posted, and published, as required by Government Code of California. 2. Pursuant to said Notice of Hearing, a hearing by the District on this proposed Ordinance was held November 18, 1999, 2:30 p.m. at the place specified in said Notice of Hearing. 3. The Notice of time and place of said meeting, including a general explanation of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the matters to be considered at said meeting was published on November 8 and November 16, 1999. 4. proposed A least ten (10) days prior to said public meeting, the Administrative Code pursuant to this Ordinance was available to the public. SECTION IV - EFFECTIVE DATE This Ordinance and the Administrative Code proposed pursuant to this Ordinance shall take effect thirty (30) days after its passage. PASSED AND ADOPTED By the Board of Directors of the South Tahoe Public Utility District at its duly held regular meeting on the 18th day of November, 1999 by the following vote: AYES: Directors Wallace, Mosbacher. NOES: None ABSENT: None Kathy Sharpt~lerk of tl/~ Bi~drd and Ex-Officio S~cretary of the Board Strohm, Jones, Gochnauer, and AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of El Dorado I am a citizen of the United States and a resident of the County foresaid; I am over eighteen years, and not a part to or interested in the above entitled matter, I am the principal clerk of the printer of the Tahoe Daily Tribune, a newspaper of general circulation, printed and published Monday through Friday in the City of South Lake Tahoe, County of El Dorado, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of El Dorado, State of California under the date March 6, 1970, Case Number 18569, that the notice of which the annexed is a printed copy (set in type not smaller than six (6) point), has been published in each regular and entire issue of said newspaper and not in any supplemental therefore on the following dates, to wit: ~-.'X~c~..,~ \ke , \~\~,~:"~ I certify under penalty, that the foregoing is true and correct. Dated at South Lake Tahoe, California this: ~. ':\r.:,.-..¢ xk.~, \~\~\ Signed: ' ' Oassie Patten - Legal NOTICE OF HEARING -,~ ~I~TICE, IS HEREBY GIVEN that the Board of Directors of Tahoe Publicity Utility District (the .District) will hold a h~ ~ p.m. c~ Thursday, November 18,1999, as part of a tlcheduted meeting, in the Board Room of the City of ~ahoe, 1900 Lake Tahoe Boulevard, South Lake Tahoe, ' ~ia, at which oral or written presentations can be made n, including thos~ o~ning property within ~t~ bounda ~.. ~strict regarcrmg the District's administrative code as out, i'~~~ No.,~74-~ ent,~"AN O - OF sou ' T .OE PU.UC UT UW i,~MENDING AND SUPERSEDING THE CURRENT W^ ER SEWER, AND UG ,NG' ~NCES AND ADOPTING THE REWSED COMPR'EHEN- - ~DE." The proposed Administrsttve code is a re~ !~'~,f ~ O,d~n~ of th~ ~st~. Seg~,~ Nov~,~ ,~iff#~ll, ,at the offices of the DistriCt, 1275 Meadow Crest Drk, e," ~e Tahoe, California, proposed Ordinance 474-99 !i~ and updated Administrative Code will be available to ' Ifil littler review. ~ ~1/,~ ;- - Diane M. Noble, Customer Service Manager :' ~ South Tahoe Public Utility District '~-A'FFI DAVIT OF PUBLICATION STATE OF CALIFORNIA County of El Dorado I am a citizen of the United States and a resident of the County foresaid; I am over eighteen years, and not a part to or interested in the above entitled matter, I am the principal clerk of the printer of the Tahoe Daily Tribune, a newspaper of general circulation, printed and published Monday through Friday in the City of South Lake Tahoe, County of El Dorado, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of El Dorado, State of California under the date March 6, 1970, Case Number 18569, that the notice of which the annexed is a printed copy (set in type not smaller than six (6) point), has been published in each regular and entire issue of said newspaper and not in any supplemental therefore on the following dates, to wit: I certify under penalty, that the foregoing is true and correct. Dated at South Lake Tahoe, California this: Signed: /i~/~¢~Or .. Cassie Patten - Legal Clerk t CU~E~ II DEFIM~ONS ~~_~TE~, ~1 For t~r~s of thi~ ~~. ' .I I ~nce, the te~, u.~ h~ '~)~IHAHCE8 I I in are defln~ as follows: ~¢~E ~l Tahoe Public .ill~ ~--------~-' I B. T~ Boa~ - The Boa~ .~_~T~D, S~ THE I Dim~ors of ~e South T~ Direc~rs ~ the I PublicUtill~District. ~0~ - / tion of ail of th, ~dmini~a~i Wst,r, S~wor, Street U~h~ ~08~ /and otber Ordin~m~, of thi, Ordi- t Distrbt, which ~,t~li~h the updated [ ~rl~ and tho ~dm~ [~d, the publb with I~ns. ' I , SECTION t RN~NGS / T~ Board makes the follow- Of Hearil3g ~ ~ ance was dUlaYn~~ by '~ said ;~ the time and ~ cd this Ordinar~ ~ posted, and ~' /~I;? 'l'he Notice of time and M~ of said meeting, in~ |in~ e general explanation the matters to be consid~l)~ at said meeting was Publl~lW~( on November 8 and NOVe~ 16, 1999. 4.' A least ten (10) days tO said public meetlng~ the minietretlve code propo~ pursuant to this Ordinanee was available to the public. SECTION IV This Ordinance and the Ad- ~ir~a~ve C..ode proposed ~et °eff~.iis Ordinance thirty (30) ~ rter its passage. . -~ll ~SED AND ADOPTED ~ Board of llt~ll uth Tah°e ~ at its duly hMIIl'~ ~ gon the 18~r ~ ;of ~ bet 1999bylbek4ew- ~ £S: Directors~ ~ 11, Jonee, a.4110sbacher. NO BS: None ' Mi lENT: None /s/James ~1, Board ~ South Tahee I~lMb ~t'!q~i~y'sharp, Clerk~; ~and Ex-Officio ~ary of the Boar~ ~: AMENDING AND SUPER- ~iEDING THE CURRENT ADMINISTRATION, WATER, ~ER, AND S~REET Li~GNTING ORDINANCES AND A~G THE REVISED COMPREHENSIVE ADMINISTRATION CODE BElT ENACTED, BY THE Board of Directors of the South Tahoe Public Utility Dis- trict, County of Eldorado, as followl~: SECTION I- The purpose of this Ordi- nance is to adopt the updated and revised South Tahoe Pub- lic Utaty Distri~ Admlnlstrath/e Cedei :"P'ne November 18, 19~1) ~ O{ the Adminis- ~ (~/~ attached to this Ordinance. SECTION II For the pUrposes of this Or- dinance, the terms used here- in 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 codifica- tion of ali of the Administrative Water, Sewer, Street Lighting and other Ordinances of the DiStrict, which establish the authoritY and the principles for deci~lens of the District, and vide the publiC with guide- applicable to District op- SECTION III The Board makes the follow- ing findings: 1. Notice of Hearing of this Ordinance was duly given, au- thorized, posted and publish- ed, as required by law and specifically, that said Notice fixing the tree and place of hearin~ on this Ordinance was duly g~ven, posted, and pub- shed, as required by Govern- ment Code of California 2. Pursuant to said Notice of hearing, a hearing by the Dis- trict on this proposed Ordi- nance Was held November 18, 1999, 2!30 p.m. at the piece .3eeCified in said Notice of aring. 3 The Notice of time and [ p ace of Said meeting includ- Ing a generai explanation of ~ the matters to be considered ~ at said mee~ was pUblished | on November 8 and NOVember | 16, 1999. 4. A least ten (10) days prior to said public meeting/~the Ad- ministratiVe Code _proposed pursuant to this Ordinance was available to the public. SECTION IV This Ordinance and the Ad- ministrative Code proposed pursuant to this ~)rdlnance. shall take effect thirty (30) days after its Passage. PASSED AND ADOPTED BY the Board of Dire~ors .of the SOuth Tahoe Public Utility District at its duly held regular meeting on the 18th day oft November, 1999 by the follow- lng vote: AYES: Directors Wallace, Strohm, Jones, Gochnezuer, and Mosbacher. NOES: None ABSENT: None /s/James R. Jones Board President So~,~l~ Tahoe Public ATTEST~ : Utility District /s/Kathy Sha, rp_, Cl~of the Boa~ and ~ Seor~ ef the: Board Pub: ~29, 1999 Ad# 03500174 AFFIDAVIT OF POSTING State of California ) )ss County of El Dorado ) I,-~I--~(~~~~eing That for and on behalf of the Clerk of Board of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, affiant posted copies of L~--/~-qol attached hereto and by reference made a part hereof, in three (3) public first duly sworn, deposes and says: in form places in the District as follows: Al Tahoe Post Office Station South Lake Tahoe, CA Tahoe Valley Post Office Station (Y area) South Lake Tahoe, CA Tahoe Paradise Post Office Station South Lake Tahoe, CA That said posting was completed on the~__~_ day of Subscribed and sworn to me this/~'"- day of ~'~ o~,-J~ ~ Cl~rk of the(~oa~d '- SOUTH TAHOE PUBLIC UTILITY DISTRICT .of the South Taho~ Publicity Utility District (the District) will hold a heating at.2:30 p:nx ou Thursday, November 18, 1999; as-part of a regularly ,sCheduled meeting, in the Board Room of the City of South Lake Tahoe, i900 Lake Tahoe Boulevard, South Lake Tahoe, California, at which oral or written presentations can be made by any person, including those owning proIL°rty within the b0Undar~ of the District, regarding the ~istrict's administrative code as outlin~ by proposed Ordinance No. 474-99 ent~ed "AN ORDINANCE OF THE SOUTH LAKE TAHOE PUBLIC ~L1TY DISTRICT AMENDING AND SUPERSEDING THE CURRENT ADMINISTRATION, WATER SEWER, AND STREET,LIGHTING ORDINANCES AND ADOPTING THE REVISED COMPREHENSIVE CODE." The proposed Administrative code is atevised codification of the Ordinance of the District. Beginning Noveml:/er 8, 1999, at the offices of the District, 1275 Meadow Crest Drive, South' Lake Tahoe, California, proposed Ordinance 474-99 and the revised and updated Admim's~tive Code will be available to the public for review. bated: ~'1 ~!4/99 DianeM.,~ Cmum~.~'~Sanager NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Directors of the South Tahoe Public Utility District (the District) will hold a hearing at 2:30 p.m. on Thursday, November 18, 1999, as part of a regularly scheduled meeting, in the Board Room of the City of South Lake Tahoe, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California, at which oral or written presentations can be made by any person, including those owning property within the boundaries of the District, regarding the District's Administrative Code as outlined by proposed Ordinance No. 474-99 entitled "AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING AND SUPERSEDING THE CURRENT ADMINISTRATION, WATER, SEWER, AND STREET LIGHTING ORDINANCES AND ADOPTING THE REVISED COMPREHENSIVE ADMINISTRATIVE CODE." The proposed Administrative Code is a revised codification of the Ordinances of the District. Beginning November 8, 1999, at the offices of the District, 1275 Meadow Crest Drive, South Lake Tahoe, California, proposed Ordinance 474-99 and the revised and updated Administrative Code will be available to the public for review. Dated: "//0c/7 q Diane M. Noble, Customer Service Manager South Tahoe Public Utility District SOUTH TAHOE PUBLIC UTILITY DISTRICT ADMINISTRATIVE CODE NOVEMBER 18, 1999 A Codification of the Administration, Water, Sewer and Street Lighting Ordinances of the South Tahoe Public Utility District. The South Tahoe Public Utility District was incorporated in 1950 under the authority of the Public Utility 'District Act. Initially, the District provided sewer services but later added water to its mission. After nearly 50 years since incorporation, the organization serves 16,000 sewer and 12,500 water customers (service connections). Our customers are represented by a five-member elected Board of Directors. Serving the water and wastewater needs of the community while protecting Lake Tahoe is the District's mission. State law requires all Lake Tahoe sewer utilities to pump wastewater out of the Tahoe basin in order to protect the water quality of the lake. This mandate requires the District maintain a complex, costly export system. The District pumps 1.7 billion gallons of fully treated wastewater annually to Alpine County, California, where ranchers use the reclaimed water for irrigation. The purpose of the Administrative Code is to integrate and coordinate District operations and the internal goals and objectives of the Board of Directors. The Administrative Code is a compilation and codification of all of the administration, water, sewer and street lighting ordinances of the District. This document es- tablishes the principles for decision making and defines District authority while providing the public with guidelines applicable to District operations. In addition, it offers evidence of Board accountability and responds to the public's need and desire for confidence in its elected representatives. The Administrative Code will guide the development of water, sewer and street lighting service into the future and assure continued excellent service to the District's customers. of said District, and stated the name and boundaries thereof as in said act provided. Now, ~herefore~ I further certify that by reason of the facts and proceedings certified to my office and the filing therein as aforesaid, the territory sitmated in the County of E1 Dorado and within the boundaries de- scribed in the Orde~ adopted by the Board of Supervisors on the ~O~h day of September, 19~0, is hereby incorpo- rated under the provisions of the Public U~ili~y Dis~rlc~ Act of 19~l, as amended (Ac~ 6~1 of Deering's General Laws), under the name: ~ "South Tahoe Public Utility District." IN WITNESS WHE~F, I hereunto se~ my hand and affix ~he Grea~ Seal of the Sta~e of California this ~8~h day of September, l~O. SECBE TARY ~TATE IT IS THE PURPOSE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT TO: Ensure the community has an adequate supply of high quality water for all of its needs; Provide reliable collection, treatment, and reuse of wastewater, resulting in the protection of the unique environment of Lake Tahoe and Alpine County; Carry out District responsibilities with the safety and health of customers and employees as our primary concern; Perform all services efficiently and in a cost effective manner, in keeping with a responsible financial plan; Share information with our customers to foster and maintain a well informed community; Encourage our staff to develop and realize their full potential in meeting District needs. TABLE OF CONTENTS SECTION 1 SECTION 2 Section 2.1 Section 2.2 Section 2.3 Section 2.4 Section 2.5 Section 2.6 Section 2.7 Section 2.8 SECTION 3 Section 3.1 Section 3.2 Section 3.3 Section 3.4 Section 3.5 SECTION 4 Section 4.1 Section 4.2 Section 4.3 Section 4.4 Section 4.5 Section 4.6 Section 4.7 Section 4.8 SECTION 5 Section 5.1 SECTION 6 Section 6.1 Section 6.2 Section 6.3 DEFINITIONS ............................................ 1- 1 ADMINISTRATION ........................................ 2- 1 Elections .................................................. 2- 2 Time, Place, and Rules for Regular and Special Meetings ............. 2 - 2 Duties and Compensation of General Manager ..................... 2 - 2 Duties and Compensation of Clerk ............................... 2 - 2 Duties of Treasurer Performed by County Treasurer ................. 2 - 3 Determination of Lowest Responsive, Responsible Bidder ............. 2 - 3 Regulation of Annexation of Territory ............................ 2 - 3 Helping Hands Outreach (H20) Program .......................... 2 - 4 WATER .................................................. 3- 1 Water Service, Water Rates, Operations and Enforcement ............ 3 - 4 District's Duty Maintain and Repair Its Waterlines .................. 3 - 15 Cross Connection Control ..................................... 3 - 16 Water Shortage and Drought Response Standards ................... 3 - 19 Declining Groundwater Levels ................................. 3 - 23 4- 1 SEWER .................................................. General Provisions ........................................... 4 - 4 Sewer Permits .............................................. 4 - 4 Public Sewer Specifications .................................... 4 - 6 Public Sewer Construction ..................................... 4 - 8 Sewer Fees, Rates and Schedules ................................ 4 - 10 Use of Public Sewers ......................................... 4 - 14 Maintenance and Repair of Sewers .............................. 4 - 18 Sewer Capacity ............................................. 4 - 19 STREET LIGHTING ........................................ 5 - 1 General Provisions ........................................... 5 - 2 BILLINGS, PAYMENTS, COLLECTION AND ENFORCEMENT . · 6 - 1 Billing for Water, Sewer, Special, and Street lighting Rates and Charges .. 6 - 3 Payment of Water, Sewer and Street Lighting Rates and Charges ....... 6 - 4 Penalties and Interest, Disconnection and Reconnect Charges on Delin- quent Water, Sewer and Street Lighting Rates and Charges ............ 6 - 5 SECTION 6 Section 6.4 Section 6.5 Section 6.6 Section 6.7 BI~LINGS, PAYMENTS, COLLECTION AND ENFORCEMENT CON'T Collection and Enforcement of Water, Sewer, Special, Street Lighting, 6-6 Rates and Charges .......................................... 6-8 Violations and Enforcement .................................... 6-9 Disconnection Procedures ..................................... 6 -10 Appeals ................................................... 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 24400 of the Health and Safety Code. 1.1.2 "Active Well" shall mean a water well that is routinely operated and supplies greater than or equal to five percent (5%) of the water supply requirement of the property upon which it is located. 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 "Annual Minimum Rate Per Piece of Water Using Equipment" shall mean the minimum water rate charge per year, per piece of water using equipment. 1.1.5 "Apartment/Condominiums/Town homes" is a single dwelling unit within a multi-unit structure or complex with multi rooms consisting of one (1) kitchen, one (1) or more bathrooms, and sleeping and living area designed for single family use. 1.1.6 "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, as evidenced by a power of attorney filed with the District. 1.1.7 "Applicant for Exemption or Variance" shall mean the person who seeks a water connection fee exemption and reimbursement of connection costs or the person who seeks a variance permit for concurrent supplies of water. 1.1.8 "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, as evidenced by a power of attorney filed with the District. 1.1.9 "Auxiliary Water Supply" shall mean any water supply on or available to the 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 1-1 objectionable and constitute an unacceptable water source over which the District does not have any sanitary control. 1.1.10 "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. 1.1.11 "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- 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 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 (nonpotable) fluid may be supplied from beyond the Pressure Vacuum Breaker. 1.1.12 "Bar" is a counter or tables at which beverages and/or food is served. 1.1.13 "Bar Stools" are seats or chairs at the counter of a bar. 1.1.14 "Bath" is one (1) room with a water closet, one or more lavatories, with or without shower and/or bathtub. 1.1.15 "Bill" is the notice or statement provided to customers which reflects charges for water, sewer, street lighting, and special services provided. 1.1.16 "Branch line" is a water supply line connecting one or more fixtures with a water supply main, riser, or other branch. 1.1.17 "Board" shall mean the Board of Directors of the South Tahoe Public Utility District. 1.1.18 "Board of Fire Underwriters" is an independent not-for-profit product safety testing and certification organization. 1.1.19 "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. 1.1.20 "Board Policy Manual" is the comprehensive listing of the Board's current policies. 1.1.21 "Building" is any structure used for human habitation or a place of business, recreation or other purpose containing water or sanitary facilities. 1.1.22 "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. 1-3 1.1.23 "Certified Tester." 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. 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 or falsifies 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. 1.1.24 "Change in Use" shall occur when plumbing fixtures are added to an existing residential or commercial development such that potential sewer capacity is increased. 1.1.25 "City" is the City of South Lake Tahoe. 1.1.26 "Clerk", or "Secretary" shall mean the Clerk and Ex-Officio Secretary of the Board. 1.1.27 "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. 1.1.28 "Commercial Car Wash" is a private business where motor vehicles are washed. 1.1.29 "Commercial Complex" is a site where multiple commercial establishments are located. 1.1.30 "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. 1.1.31 "Commercial 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. 1.1.32 "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 hazard to the public health through poisoning or the spread of disease. 1.1.33 "Contractor" is an individual, corporation, partnership or other legal entity 1-4 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. 1.1.34 "County" is the County of E1 Dorado, unless otherwise noted. 1.1.35 "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. 1.1.36 "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. 1.1.37 "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-cormection. 1.1.38 "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. 1.1.39 "Customer Service Manager" is an authorized agent of the District appointed by the General Manager. 1.1.40 "Destroyed Well" shall mean a well that is no longer useful or functional and that has been completely filled in accordance with the procedures described in Section 23 of the California Well Standards, or its successor provision. 1.1.41 "District" shall mean the South Tahoe Public Utility District or its duly authorized representative, as the context requires. 1.1.42 "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. 1.1.43 "Domestic Service" shall mean the furnishing of water for household or residential purposes. 1.1.44 "Domestic Use" shall have the meaning assigned by Title 23, Section 660 of the California Code of Regulations. 1.1.45 "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. 1.1.46 "Duplex" is a structure used exclusively for residential purposes, consisting of two distinct dwelling units. 1.1.47 "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. 1.1.48 "Extraction" shall mean the acquisition or collection of groundwater by pumping or other controlled means. 1.1.49 "Extraction facility" shall mean any device or structure for the extraction of groundwater, including but not limited to, a well. 1.1.50 "Fire Hydrant" shall mean any valve or faucet intended for supplying quantities of water sufficient for fire suppression purposes. 1.1.51 "Fire Hydrant Meter" is a device used to measure fire hydrant water on a temporary basis only. 1.1.52 "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. 1.1.53 "Fire Hydrant Service" shall mean the District's furnishing of water for public fire protection purposes to fire hydrants. 1.1.54 "Flat Rate Service" is the provision of unmetered water. 1.1.55 "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. 1.1.56 "Food Preparation Area" is a place in which food is prepared, handled, processed or cooked. 1.1.57 "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. 1.1.58 "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. 1.1.59 "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. 1.1.60 "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. (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. 1.1.61 "Holding Tank Dump" is a sewer discharge site that receives wastewater from sewage holding tanks. 1.1.62 "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. 1.1.63 "Hotel/Motel/Timeshare" is an establishment intended for temporary lodging. 1.1.64 "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. 1.1.65 "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. 1.1.66 "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. 1.1.67 "Industrial Use" shall have the meaning assigned to it by Title 23, Section 665 of the California Code of Regulations. 1.1.68 "Industrial Wastes" are wastes from industrial establishments or processes as distinct from domestic waste. 1.1.69 "Inlet/Upstream Side of Meter" is the point at which water enters the meter body during the flow of water in its normal direction. 1.1.70 "Intertie" is an interconnection of water pipes between two or more water utility systems which permits the flow of potable water between the systems. 1.1.71 "Irrigation System" is a network of piping designed to distribute water on or towards plant life to promote growth. 1.1.72 "Kitchen" is a room or other place within a building or structure with a food preparation area. 1.1.73 "Laundromat" is a commercial establishment providing laundry services which may, or may not be, self-service. 1.1.74 "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. 1.1.75 "Main" shall mean a principle pipeline for supplying water for public or community use to which branch pipelines are tributary. 1.1.76 "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. 1.1.77 "Meter Rate Service" is the provision of water service, the charges for which are based on the quantity of water provided. 1.1.78 "Meter Tail" is a coupling device used to join meters to pipes. 1.1.79 "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. 1.1.80 "Multiple Service" shall mean the furnishing of water for residential purposes to a common interest development, as defined in California Civil Code Section 1351, or its successor provision. 1.1.81 "New Construction" is any structure which, on a particular date, as required by the context, either is to be constructed or does not have a certificate of occupancy from the appropriate governmental entity. 1.1.82 "Outlet/Downstream Side of Meter" is the point at which water exits the meter body during the flow of water in its normal direction. 1.1.83 "Outside Sewer" is a private sewer beyond the jurisdictional boundaries of the District. 1.1.84 "Overflow Capacity" is the capacity of a bathtub which is measured up to the vent for overflowing water. 1.1.85 "Owner" is the legal owner of record of real property. 1.1.86 "Permittee" is the person(s) or entity that obtains a permit, as the context requires, from the District. 1.1.87 "Person" shall mean any individual, firm, partnership, corporation, limited liability company, joint venture, association or governmental entity. Governmental entity, as used in this Administrative Code, shall not include any local agency exempt from the application of the Ordinances, rules and regulations of the District pursuant to State law. 1.1.88 "Plumbing System" includes all plumbing fixtures and traps, soil, waste, special waste and vent pipes and all sanitary sewage pipes within a premises. 1.1.89 "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. 1.1.90 "Premises" is any property, equipment, or apparatus where or in which water is used or wastewater is discharged. 1.1.91 "President" shall mean President of the Board. 1.1.92 "Primary Parcel" is a parcel of real property to which sewer capacity rights are transferred. 1.1.93 "Private Fire Protection Service" shall mean the furnishing of water by the District for connection to a private fire sprinkler system or private fire hydrants. 1.1.94 "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. 1.1.95 "Property" is a parcel of real property or structure, as the context requires, where or in which water is used or sewage is discharged. 1.1.96 "Property Line" shall mean the boundary between the District's easement or City or County right-of-way and the private property. 1.1.97 "Public Right of Way" is any public highway, road, street, avenue, alley, way easement, or other similar passageway, whether paved or unpaved. 1.1.98 "Public Sewer" is a sewer lying within a public right-of-way and which is controlled by or subject to the jurisdiction of District. 1-10 1.1.99 "Radius of Influence" shall mean the distance from the center of a well to the limit of the cone of depression. 1.1.100 "Restaurant" is a commercial establishment where meals can be purchased and eaten. 1.1.101 "Remodeling" means any construction activity which increases the livable space under the roof on a parcel and entails an expenditure in excess of $5,000. 1.1.102 "Reports" is a District form for reporting the results of tests, inspections, repairs, maintenance, relocations and replacement of backflow preventers. 1.1.103 "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 their connection point to the District's system up to and including those portions within the structure to receive service. 1.1.104 "Seating" shall mean any chair, stool, bench or similar place to sit at a commercial establishment for the purpose of eating or drinking. 1.1.105 "Secondary Parcel" is a parcel of real property from which sewer capacity rights are transferred. (Ord. No. 458.) 1.1.106 "Service Charges" shall mean rates, fees, and charges for water, sewer, special and street lighting services. 1.1.107 "Service Connection" shall mean the tapping of a District main and the laying of pipe from the main to the meter or curb-stop at the property line. 1.1.108 "Serviced Lands" are those lands lying within the District and abutting upon a public street upon which street lighting is afforded by the District. 1.1.109 "Service Station" is a commercial establishment providing fuel and maintenance for motor vehicles. 1.1.110 "Sewage" is a combination of water-carried wastes from buildings and industrial establishments which are connected to the District's sewer system or from any private sewer. 1.1.110 "Sewer" is a pipe or conduit which carries sewage or industrial wastes and to which storm, surface and ground water are not intentionally admitted. 1.1.111 "Sewer Lateral" is the part of the horizontal sewer piping beginning at the exterior wall of any building and terminating at the District's main sewer. 1.1.112 "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. 1.1.113 "Sewer System" is all District facilities and devices for collection, pumping, treating, and disposing of sewage. 1.1.114 "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. 1.1.115 "Special Service" shall mean a service provided by the District other than water, sewer, or street lighting services. 1.1.116 "State" is the State of California. 1.1.117 "Street" shall include any public right-of-way highway, road, street, avenue, alleyway, easement or right-of-way. 1.1.118 "Street Light" is an overhead lamp illuminating public streets. 1.1.119 "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. 1.1.120 "Subject Property" shall mean any legal parcel for which an applicant is seeking District water service, 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. 1.1.121 "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. 1.1.122 "Tavern" is a commercial establishment whose primary purpose is the serving and provision of alcoholic beverages. 1.1.123 "Triplex" is a structure used exclusively for residential purposes, consisting of three distinct dwelling units. 1.1.124 "Uniform Plumbing Code" or "International 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. 1-12 1.1.125 "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. 1.1.126 "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 455 gallons. 1.1.127 "Water Capacity .Unit Charge" is the charge established by the Board of Directors for one (1) Water Capacity Unit. 1.1.128 "Water - Nonpotable" is water which is not safe for human consumption or which is of questionable potability. 1.1.129 "Water - Potable" shall mean any water, which, according to recognized standards, is safe for human consumption. 1.1.130 "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. 1.1.131 "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. 1.1.132 "Water User" shall mean any person or entity to whom water is furnished by the District. 1.1.133 "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. 1.1.134 "Waterlines" are any main or other pipeline used by the District to provide water to any building or other structure within the District's jurisdictional boundaries. - 1-13 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 2.8.1 2.8.2 2.8.3 2.8.4 2.8.5 2.8.6 2.8.7 2.8.8 Purpose. Authorization of Helping Hands Outreach (H20) Account Funding the Account Application for Financial Assistance Processing the Application Coordination with the E1 Dorado County Department of Community Services Confidentiality Non-Discrimination 2-1 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 E1 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 E1 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,4p!Jlication. Each application for financial assistance shall be reviewed and evaluated by the E1 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 E1 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 E1 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 E1 Dorado Count_ Department of CommuniW Services. The District shall provide, on a periodic basis, an accounting report notifying the E1 Dorado County Department of Community Services of the available funds in the Helping Hands Outreach (H20) Account. Any administrative fees charges by the E1 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 E1 Dorado County Department of Community Services, any information regarding or relating to a customers's application for, or receipt of, financial assistance from the Helping Hands Outreach (H:0) Program, except as required by law. 2.8.8 Non-Discrimination. All services rendered as a result of the enactment of this 2-5 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. 2-6 SECTION 3 WATER Section 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. 3.1.15 3.1.16 3.1.17 3.1.18 3.1.19 3.1.20 Water Work or 3.1.21 3.1.22 Establishment 3.1.23 3.1.24 3.1.25 3.1.26 3.1.27 3.1.28 3.1.29 3.1.30 3.1.31 3.1.32 3.1.33 3.1.34 3.1.35 Separate Metering Device. Common Ownership. Adjacent Property. Subdivided Parcel. Correction of Water Service Connections. Enforcement of Correction. Connection. Duty of Water User to Report. Unreported Service Connections. of Water Service Fees, Rates and Charges. Charges Determined by Board. Water Connection Fees. Water Service Application for Specific Use. No Water Transfers. Credits for Previous Service. Review of Applications. Appeal of Connection Fee Computation. Annual Flat Rates. Annual Flat Rate Service Charges. Annual Flat Rates Service Capital Improvement Charge. Disconnection of Annual Flat Rate Services. Metered Water Rates. Metered Water Service Charges. 3-1 Water 3.2 3.1.36 3.1.37 3.1.38 3.1.39 3.1.40 3.1.41 3.1.42 3.1.43 3.1.44 3.1.45 3.1.46 3.1.47 Rate Schedules. 3.1.48 Schedule 3.1.49 Schedule 3.1.50 Schedule 3.1.51 Schedule 3.1.52 Schedule 3.1.53 Schedule 3.1.54 Schedule 3.1.55 Schedule District's Duty to 3.2.1 Purpose. Metered Service Capital Improvement Charge. Metered Residential Rate. Optional Metered Residential Rate. Conversion to Metered Residential Rate Permanent. Residential Meter Installation. Billing of Metered Residential Rate. Metered Usage Charge. Access to Meter. Water Service Call Charges. Fire Hydrant Permit Fee. Fire Hydrant Rate. Charges Concerning Main Extensions. 2- 3- 4- 5- 6- 7- Water Connection Fees. Annual Flat Water Service. Metered Service. Service Charges During Regular Working Hours. Service Charges After Regular Working Hours. Annual Flat Rates Service Capital Improvement Charge. Metered Service Capital Improvement Charge. 8 - Fire Hydrant Permit Maintain and Repair Its Waterlines. 3.2.2 3.2.3 3.2.4 3.2.5 3.2.6 Private Property. Easement. Multiple Business. District Responsibility. 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. 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. 3-2 3.4.6 3.4.7 Enforcement. 3.4.8 3.4.9 3.4.10 3.4.11 3.4.12 3.4.13 Stage 4 - Critical Water Supply shortage. Stage 5 - Water Emergency. Enforcement. First Violation. Second Violation. Third Violation. Fourth Violation. 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 3.5.2 3.5.3 3.5.4 3.5.5 3.5.6 3.5.7 3.5.8 3.5.9 3.5.10 3.5.11 3.5.12 3.5.13 3.5.14 Policy and Purpose. Authorization of District Service. Connection Fees and Costs; Contents, Decision. Application for Connection Fee Exemption and Reimbursement of Connection Costs. Prohibitions. Variance Permits; Contents, Hearing, Decision. Application for Variance Permit. Application Review. Issuance of Variance Permit Discretionary. Condition of Variance Permit. Permit Expiration. Permit Renewal. Suspension or Revocation. Appeals. 3-3 Section 3.1 Water Service, Water Rates, Operations and Enforcement. 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 Du~ 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 3.1.3 approved and or damage. Application for Service. provided by the District. The application for water service shall be on a form 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 Hvdrant 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 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 3-4 attomeys' 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 t6 California Penal Code Sections 498, 592, and 607. 3.1.8 Fire Hl~drant 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 3.1.9 Extending 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 3.1.11 New Water Service. If there is sufficient water and capacity available in the 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 payment 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. 3-5 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 Board of Fire Underwriters 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 af 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 E1 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 3.1.15 Separate Metering Device. Each home or building under separate ownership shall install and maintain a separate service and metering device. 3.1.16 Common Ownership. Two or more homes or buildings owned by the same person and on the same lot or parcel of land may be supplied through the same service connection and metering device, provided, however, the District may limit the number of homes buildings under one ownership which may be supplied by one service connection or device. 3.1.17 Adiacent ProperS_. A service connection and metering device shall not be used to supply adjacent lots or parcels owned by different persons or to supply lots or parcels owned by the same person but separated by a public right-of-way. 3.1.18 Subdivided Parcel. Except as provided in Section 3.1.17, 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. 3-6 3.1.19 Correction of Water Service Connections. In the event two or more homes or buildings on lots or parcels owned by different persons are found to be supplied through the same service connection and metering device, 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-weeks 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 of Water User 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. 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 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. 3-7 ESTABLISHMENT OF WATER SERVICE FEES, RATES AND CHARGES 3.1.23 Charges 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 service 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 3.1.48 - 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. Connection charges will include the following: a) Water Capacity Unit Charge. A water capacity unit charge shall be set by the Board. There shall be one water capacity unit charge per water capacity unit, with a minimum of one water capacity unit. In reviewing an application, the District shall estimate the water capacity units required for the connection. Within two (2) years of the issuance of the Certificate of Occupancy for the property, the District will complete an evaluation of the actual average day during peak month use. The average day during peak month use may be evaluated 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, differ 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 3.1.48(a), Water Rate Schedule 1 .) b) 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 3.1.48(b), Water Rate Schedule 1 .) c) 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. 3.1.25 I4Zater 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). 3.1.26 No }Yater Transfers. Water connections may not be transferred from one parcel to another. 3-8 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 two components: a) Annual Flat Rate Service Charges b) Annual Flat Rate Service Capital Improvement 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 Annual Flat Rate Service Capital Improvement Charge. The Annual Flat Rates Service Water 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 audited 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 audited financial statements as "Property, Plant and Equipment". (Refer to Section 3.1.53, Water Rate Schedule 6.) 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 a) b) c) Metered Ig'ater Rates. Metered water rates shall have three components: Metered Water Service Charges. Metered Service Capital Improvement Charges. Metered Usage Charge. 3-9 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. Metered 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. (Minimum Annual Rate, refer to Section 3.1.50 - Water Rate Schedule 3.) 3.1.36 Metered Service Capitallmprovement 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". (Refer to Section 3.1.54, Water Rate Schedule 7.) 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 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; 3-10 3.1.43 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 3.1.50 - Water Rate Schedule No. 3.) Access to Meter. The property owner shall maintain access to the meter at all 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 Water Service Call Charges. For each disconnection and each re-connection of a service connection during regular working hours by a water user's request, or for nonpayment of the water user's account, or for an violation of any of the Ordinances, rules, and regulations of the District, refer to Section 3.1.51 Water Rate Schedule No. 4. For each disconnection or each re-connection of a service connection after regular working hours, Saturdays, Sundays and Holidays by a water user's request or for nonpayment of a water user's account, refer to Section 3.1.52 - Water Rate Schedule No. 5. 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 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 Concerning 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. (b) The District shall pay that portion of the cost for a main extension which 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. 3-11 WATER RATE SCHEDULES 3.1.48 SCHEDULE 1 - WATER CONNECTION FEES In accordance with the guidelines in Sections 3.1.24 - 3.1.29 inclusive, metered water service charges shall be as follows: a) Water Capacity Unit Charge $1,550.00; Plus the greater of: Minimum administration fee 150.00; b) 3.1.49 Actual costs to review plans and process the application. 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: a) Single dwelling unit $267.60 b) Duplex $508.84 c) Triplex $691.52 d) Fourplex $872.32 e) Each additional dwelling unit $143.60 Commercial establishment when serviced from: f) 3/4 inch connection $361.88 g) One inch connection $546.24 3-12 3.1.50 SCHEDULE 3 - METERED WATER SERVICE In accordance with the guidelines in Sections 3.1.35 inclusive, metered water service charges shall be as follows: a) 3/4 inch water connection $153.30 b) 1 inch water connection $208.64 c) 1 1/2 inch water connection $316.40 d) 2 inch water connection $489.20 e) 3 inch water connection $978.44 f) 4 inch water connection $ 1,467.60 g) 6 inch water connection $ 1,960.16 h) 8 inch water connection $ 2,628.60 i) 10 inch water connection $ 3,505.60 j) All metered consumption will be charged at the rate of One Dollar Seventy-two cents ($1.72) per one hundred (100) cubic feet. 3.1.51 SCHEDULE 4 - WATER SERVICE CHARGES DURING REGULAR WORKING 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. 3-13 3.1.52 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. 3.1.53 SCHEDULE 6 - ANNUAL FLAT RATES SERVICE CAPITAL IMPROVEMENT CHARGE In accordance with the guidelines inSections 3.1.32 inclusive, metered water service charges shall be as follows: a) b) c) d) e) For a t) g) For a single family unit For a duplex For a triplex For a fourplex For each additional unit commercial establishment when served from: 3/4 inch connection 1 inch connection $94.80 $180.96 $245.68 $309.88 $5O.96 $128.72 $194.16 3-14 3.1.54 SCHEDULE 7 - METERED SERVICE CAPITAL IMPROVEMENT CHARGE In accordance with the guidelines in Sections 3.1.36 inclusive, metered water service charges shall be as follows: Annual Minimum Rate: a) For 3/4 inch $54.50 b) For 1 inch ~. $74.16 c) For 1 1/2 inch $112.40 d) For 2 inch $173.80 e) For 3 inch $347.76 f) For 4 inch $521.60 g) For 6 inch $696.64 h) For 8 inch $934.20 i) For 10 inch $1,245.80 3.1.55 SCHEDULE 8 - FIRE HYDRANT PERMIT A fee of $50.00 will be collected for issuing a fire hydrant permit. Section 3.2 District's Dut~ 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 by the District 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 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 Responsibility. The District shall maintain, repair and replace all water meters which it owns and reads. Such duty as described in this Section ends at the meter tail or meter flange located on the inlet and outlet side of the meter, depending on the meter type. 3-15 3.2.6 Right ofEntr~ bl~ District. Authorized representatives of the District shall have the right of ingress and egress across any property at reasonable times for any purpose reasonably related to the maintenance, repair, and reading or meters or for servicing waterlines or meters. Section 3.3 Cross Connection Control. 3.3.1 District's Water Sl~stem. 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. 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 Polic_v. 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). b) To eliminate or control existing or potential cross-connections. c) To systematically and effectively prevent the contamination or pollution of potable water systems. 3.3.4 Responsibility. The District shall be responsible for preventing the backflow or back-siphon of contaminants or pollutants through the water service connection. If, in the judg- ment 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 3-16 user shall install such approved backflow 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 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 Inspection. At any reasonable time, authorized representatives of the District may inspect the water user's system to determine whether cross-connections or other structural or sanitary hazards, including violations of any of the Ordinances, rules, and regulations of the District exist. 3.3.6 Backflow 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 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. 3.3.7 T_vpe 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: a) 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(0, the District system shall be protected by an air-gap or a reduced pressure principle backflow prevention assembly. b) 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 protected by an approved double check valve or a reduced pressure principle backflow prevention assembly. 3-17 c) 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. 4. d) 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. e) 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 prevention 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. f) 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 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. 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 3-18 tests, replacement parts, repairs, overhaul and relocation shall be kept by the water user and made available to the District, the E1 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 Back[low 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 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. 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 customer associated with the loss of water supply sources. 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. 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. 3.4.3 Stage 1 - Normal Conditions. During a Stage 1 - normal conditions, when there is an adequate water supply, Water Users shall not waste water and abide by the following: a) Water Users shall not allow water to flow from their property 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 a 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 3-19 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 water leaks or water waste. e) The use of water to irrigate non-landscaped, natural vegetation or undeveloped property is prohibited unless necessitated by fire prevention considerations in cases of severe fire danger. 3.4.4 Stage 2 - Minor Water Suppll~ Shortage. During a Stage 2 - minor water supply shortage, Stage 1 restrictions apply, and also the following shall apply: a) Designated irrigation days shall be established which require houses whose street addresses end with an even number to irrigate on even-numbered weekdays of the month; and require houses whose street address end with an odd number to irrigate on odd numbered weekdays of the month. In months of more than thirty (30) days, no irrigation shall be permitted on the thirty-first (31 st) day. An exemption shall exist under Stage 2 restrictions for new lawns planted within thirty (30) days of commencement of Stage 2, or to comply with Tahoe Regional Protection Agency's revegetation requirements and/or Best Management Practices on new construction or remodels, except that the Board may permit extended hours of irrigation of public facilities pursuant to Section 3.4.16, provided, irrigation of lawns, gardens, landscaped areas, trees, shrubs or other plants is permitted at anytime iff 1) a hand-held hose is used, or 2) a hand-held, faucet filled bucket of five (5) gallons or less is used, or 3) a drip or soaker-type irrigation system is used. b) 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. c) All commercial establishments where food or beverages are provided shall serve water to their customers only when specifically requested by the customer. 3.4.5 Stage 3 - Severe Water Suppl_v Shortage. During a Stage 3 - severe water shortage, Stages 1 and 2 restrictions shall apply, and also the following shall apply: a) Irrigation is prohibited on weekends. The Board may permit an exemption for public facilities pursuant to Section 3.4.16. b) The filling with water of outdoor swimming pools which are not covered during periods of non-use is prohibited. c) The operation of any ornamental fountain or similar decorative water structure is 3-20 prohibited unless a recycling system is used and a notice to the public of such recycling system is prominently displayed. 3.4.6 Stage 4 - Critical Water Supply Shortage. During Stage 4 - Critical Water supply shortage, Stages 1, 2, and 3 restrictions apply, and the Board may designate specific areas for further restrictions as follows: a) Outdoor irrigation of all vegetation including lawns and landscaping is limited to once per week, except more frequent irrigation of public facilities may be permitted pursuant'to Section 3.4.16. b) No water shall be used for irrigating landscaping for new construction. c) Use of water from fire hydrants shall be limited to fire fighting and/or other activities immediately necessary to maintaining the health, safety and welfare of the community, as determined by the District or other government entity with appropriate jurisdiction. 3.4.7 Stage 5 - Water Emergenc_v. During a Stage 5 - Water shortage emergency, Stages 1, 2, 3, and 4 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 dust or dirt control, grading and road construction purposes is prohibited. c) The use of water for flushing of fire hydrants, except for emergency purposes, as determined by the District or other government entity with appropriate jurisdiction, is prohibited. d) The use of water for air conditioning purposes, where an alternate source of fresh air is available, is prohibited. ENFORCEMENT 3.4.8 Enforcement. The General Manager, and other District authorized representatives have the duty and are authorized to enforce all provisions of this Section 3.4. 3.4.9 First Violation. For a first violation within one year, the District shall issue a written warning to the Water User. 3.4.10 Second Violation. For a second violation within one year, a fine of $100 shall be added to the Water User's bill at the property where the violation occurred. 3.4.11 Third Violation. For a third violation within one year, a fine of $200 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. 3-21 3.4.12 Fourth Violation. For a fourth and any additional violations within one year, a fine of $500 shall be added to the Water User's bill at the property where the violation occurred and the District may 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 in the District's discretion. 3.4.13 District Enforcement Costs. District shall be reimbursed for its costs and expenses in enforcing the provisions'0f 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 those charges are incurred by the District, 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 UtilitvAccounts. 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 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 Discretional_ 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 otherwise adversely affect service to other Water Users. In granting any such relief, the 3-22 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 Mandator~ 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. 3.5.1 Policy and Purpose. The purpose of this Section 3.5 is to regulate, manage, conserve and protect the District's water supply, including but not limited to the groundwater resources within the jurisdiction of the District, as a viable resource to be put to the most efficient and beneficial use by the District and its customers, while protecting the health and safety of the District's customers. The District shall be responsible for managing the groundwater within its jurisdiction and shall be dedicated to preserving the quantity and quality of its groundwater resources. In response to declining groundwater levels within the District's jurisdiction, the District shall supply District water service to persons who are currently utilizing wells on their property for domestic uses and are experiencing a loss in their well productivity and/or deteriorating water quality. The District recognizes that many factors can cause or contribute to a loss of productivity and/or deteriorating water quality in wells including declining water levels associated with droughts or age, construction design or mechanical problems of the well. As a matter of District policy and irrespective of the actual cause of declining productivity and/or deter- iorating water quality in the wells, the District shall offer these well owners District water service as a reliable and cost effective water supply to mitigate any potential adverse effects which may be attributable to declining groundwater levels. 3.5.2 Authorization o£District Service. The District shall provide requested water service under reasonable terms and conditions to persons who are currently utilizing an extraction facility on their property for the extraction of groundwater for domestic uses in identified areas of potentially declining groundwater levels and who are experiencing, or have experienced, a loss of productivity and/or deteriorating water quality in their wells at any time during the period from August 25, 1993 to August 25, 2000 and who make a showing that (1) their existing wells which have been in operation on or after August 25, 1993, are located within the radius of influence of 3-23 the District's Municipal Wells; and (2) the loss of productivity and/or deteriorating 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 verifying loss of productivity and/or deteriorating water quality, subject to the provisions of California 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 of, the District. The District shall provide water service to these private well owners .in accordance with the Ordinances, rules, and regulations of the District. The District shall provide requested water service to these private well owners' subject property at no cost to the owner for a period of fifteen (15) years following the date of service connection to the District system. Thereafter, the District shall charge the owner of the subject property the then prevailing rate for District water service. 3.5.3 Connection Fees and Costs; Contents, Decision. Any person extracting groundwater for domestic uses, who experiences, or has experienced, a loss of productivity and/or deteriorating water quality in that person's extraction facility at any time during the period from August 25, 1993 to August 25, 2000, and makes a showing that the loss of productivity and/or deteriorating 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 or reimbursement of connection costs. Any contractor or person hired to make such connection shall be licensed by the California State Licensing Board. The District shall reimburse the contractor employed by the persons who make such a showing for all reasonable costs associated with connecting to the District system, including but not limited to, construction and installation of waterlines, installation of meters, delivery and installation of a point of use water filter, one (1) year's supply of water filter elements and destruction of the well(s) on the subject property, but excluding the construction of a main or mains. This exemption and reimbursement shall not apply to persons extracting groundwater for industrial uses or to persons extracting groundwater for combined industrial and domestic uses where the industrial use is the predominant (greater than 70% of total volume) use. 3.5.4 Application for Connection Fee Exemption and Reimbursement of Connection. Costs. 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 including the following: a) Applicant's name and address. b) Location of the subject property for which exemption and reimbursement is sought, including both the street address and assessor's parcel number(s). ¢) 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. d) A detailed description of the extraction facility(ies) located on the subject 3-24 property. Such description shall include, if known: the date when loss of productivity and/or deteriorating water quality was first experienced; the depth of the well; perforation intervals; the date of construction; the casing size; the flow rate; the static water level; the physical condition of the well; the proximity to District's wells; and any other information the District deems reasonably necessary in order to determine whether an exemption or reimbursement should be granted. The District shall have the right to enter upon any property which is subject to an exemption or reimbursement application at any reasonable time to make inspections and examinations for the purpose of verifying the information provided in the applicant's application, subject to the provisions of California Code of Civil Procedure Section 1822.50, et seq. e) Each application for a connection fee exemption or reimbursement of connection costs shall be reviewed and evaluated for approval by the General Manager as soon as practicable after the complete application is received. 3.5.5 Prohibitions. Pursuant to Section 3.3 establishing control of cross-connections in order to protect the 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 jurisdiction 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. The prohibition of this Section 3.5.5 does not apply to any property that is receiving water service from the District and concurrently receiving water from an active well located on the subject property in compliance with Section 3.3 establishing control of cross-connections. 3.5.6 Variance Permits; Contents, Hearing, Decision. Any person seeking to supply a subject property from the District's water system and one or more auxiliary supplies, must receive prior approval from the District by applying for a variance permit as provided in Section 3.5.7. 3.5.7 Application for Variance Permit. 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: a) Applicant's name and address. b) Location of the subject property to which the concurrent water supply is sought, including the street address and assessor's parcel number(s). c) 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. d) A description of the auxiliary water supplies from which the subject property will be supplied water in compliance with Section 3.3 establishing control of cross- 3-25 connections. The costs of the required backflow preventer under Section 3.3 shall be paid by the applicant. 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 Discretional_. 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, modifications, or limitations on any part of the permit which are deemed necessary to 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 o£ 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. Every variance permit issued pursuant to this Section 3.5 shall expire upon the earlier of the date specified in the permit or upon the abandonment or destruction of the applicant's well. 3.5.12 Permit Renewal Should the conditions on the subject property so warrant, the applicant may review the variance permit by filing a new application in accordance with the provisions of this Section 3.5. There shall be no limit to the number of times a variance permit may be issued or renewed for a subject property should the conditions so warrant. 3.5.13 Suspension or Revocation. The District may suspend or revoke a variance permit issued under this Section 3.5 whenever the District determines that a permit condition or term has been violated or that the applicant has misrepresented any material fact in the application for a variance permit. a) Before the District suspends or revokes a variance permit, the District shall make reasonable efforts to notify the applicant to allow the applicant an opportunity to 3-26 show good cause why the permit should not be suspended or revoked. b) Upon notification by the District that the permit is suspended or revoked, the District may terminate District water service to the subject property. 3.5.14 Appeals. Any customer or applicant for a variance permit may appeal any decision under this Section 3.5 in accordance with Section 6.7. 3-27 SECTION 4 SEWER Section 4.1 General 4.2 4.3 4.4 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. 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. 4.2.7 Compliance With Permit. 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. 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 Old Sewer Laterals. 4.3.10 New Construction. 4.3.11 Remodeling, Additions, Change of Use. Public Sewer Construction 4.4.1 4.4.2 4.4.3 4.4.4 4.4.5 4.4.6 4.4.7 4.4.8 4.4.9 Compliance With Local Regulations. Construction Requirements. Liability. Persons Authorized to Perform Work. Grade Stakes. Joints and Connections. Protection of Excavation. All Work To Be Inspected. Notification. 4-1 4.5 4.6 4.7 4.8 4.4.10 Inspection. 4.4.11 Condemned Work. 4.4.12 As-Built Drawings. Sewer Fees, Rates and Schedules All Costs Paid By Owner. Fees for Sewer Connection. Fees and Bond for Public Sewer Construction. General Rates - Sewer Service. Special Charges. Schedule of Units. Schedule 1. Schedule 2. Schedule 3. Schedule 4. Schedule 5. Schedule 6. 4.5.1 4.5.2 4.5.3 4.5.4 4.5.5 4.5.6 4.5.7 4.5.8 4.5.9 4.5.10 4.5.11 4.5.12 Use of Public Sewers 4.6.1 Sewer Required. 4.6.2 Unlawful Deposit. 4.6.3 4.6.4 4.6.5 4.6.6 4.6.7 4.6.8 4.6.9 4.6.10 4.6.11 4.6.12 4.6.13 4.6.14 4.6.15 4.6.16 Occupancy Prohibited. Application for Sewer Permit. Abandonment of Private Facilities. Duty of Sewer Service User to Report. Unreported Connections and Discharges. Disposal of Wastes. Drainage into Public Sewers Prohibited. Treatment of Wastes Required. Types of Waste Prohibited. Preliminary Treatment of Wastes. Grease Interceptors/Traps Required. Special Agreements. Protection from Damage. Construction or Location of Improvements. 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. 4.7.7 Reimbursement of District. Sewer Capacity 4.8.1 Schedule of Sewer Units. 4.8.2 Current Equity. 4.8.3 Rate Relief for Excess Sewer Capacity in Exchange for Reversion Return of Capacity. 4.8.4 Authority. 4-2 4.8.5 4.8.6 4.8.7 4.8.8 4.8.9 4.8.10 4.8.11 4.8.12 4.8.13 4.8.14 4.8.15 Inspection. Existing Demand. Application. Payment. Attributes. Transfer of Attributes. Transfer of Sewer Capacity. Transfer of Equity. Costs of Transferring Sewer Capacity. Conditions to Tranifer. Additional Procedures. 4-3 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, its successor International 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 Plumbine_, 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 qflnspectors. 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 Rieht 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 4-4 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 b_v Board Optional... The granting of such permit shall be optional with the Board. 4.2.3 Classes o£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 shall approve them as submitted or require them 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 Attornev. 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 4-5 application. 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 improvement to be served 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-Wa_l~. 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. No two adjacent lots fronting on the same street shall be permitted to join in the use of the same sewer lateral. Every building or industrial facility must 4-6 be separately connected with a public sewer if such public sewer exists in the street upon which the property abuts or in an easement which will serve said property. 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 and watertight. 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, rules, regulations and the District's current specifications for sewer construction. Any damage to 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 acct}rdance 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 Si~e 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 with properly 4-7 curved pipe and fittings of the same material. 4.3.9 OM Sewer Laterals. Old sewer laterals may be used in connection with new buildings only when they are found, upon inspection and completion of an air test, if required by the District, to meet all current specifications and requirements of the District. 4.3.10 New Construction. Low Water Use Plumbing Fixtures are mandatory for all New Construction. These fixtures shall be installed and maintained and shall not be replaced with fixtures which allow greater water use. 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. Section 4.4 Public Sewer Construction. 4.4.1 Compliance With Local Regulations. Any person constructing a sewer within a 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, backfilling 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 limited to, any and all attomeys', paralegal and expert fees 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 4-8 public sewer construction. 4.4.5 Grade Stakes. Grade and line stakes shall be set by a Civil Engineer licensed by the State of California 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 o£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 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 District will inspect sewer construction, as described below. a) Sewer Lateral The sewer lateral inspection will verify proper installation, connection and use of materials. b) Rough Plumbing. A rough plumbing inspection may be performed to verify compliance with the issued application and sewer permit. An air test may be required of the building sewer lateral in accordance with current District air testing specifications. There shall be no further construction until the District 4-9 Inspector has accepted this work. c) 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. 4.4.11 Nonconforming 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-BuiltDrawings. "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. 4.5.1 All Costs PaM 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. Fees for Sewer Connection. Sewer connection charges shall be determined as 4.5.2 follows: a) A sewer connection fee shall be paid to the District by the applicant desiring 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 fbr 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 fbr issuing a permit to install and inspect a wye saddle. (Refer to Section 4.5.10 - Sewer Rate Schedule No. 4.) 4-10 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 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. New connections shall be billed from the first of the month following the month in which sewer lateral connection occurred. (Refer to Section 4.5.12 ~ Sewer Rate 4-11 Schedule No. 6.) 4.5.5 Special Charges. 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, except that the minimum for a 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. i) Meeting Rooms, Banquet/Ballroom Facilities: One (1) unit per 100-person of 4-12 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, or its successor International Plumbing Code. 4.5.7 - SCHEDULE 1 A fee of Two Thousand Dollars ($2,000.00) per sewer unit to be connected to the collection system, or so added, with a minimum of Two Thousand Dollars ($2,000.00), 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 Thirty-Five Dollars ($35.00) 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 Thirty-Five Dollars ($35.00) may be charged for re-inspection of condemned 4.5.12 - SCHEDULE 6 The annual sewer service charge shall be as follows: Annual Service Quarterly Service Type of Connection Charge per Unit Charge per Unit Homes & Apartments $91.00 $22.75 Motels, Hotels, and $90.12 $22.53 Timeshares Restaurants $92.32 $23.08 - Service Stations $92.32 $23.08 Mobile Home/Trailer $89.84 $22.46 Parks, Campgrounds Laundromats $92.32 $23.08 Minimum Service Charge per Unit $7.58 $7.51 $7.69 $7.49 $7.49 $7.69 4-13 Automobile Service $92.32 $23.08 $7.69 Garages Taverns without Food $92.32 $23.08 $7.69 Facilities All other Commercial Establishments $92.32 $23.08 $7.69 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 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 4-14 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. 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) b) c) a) Any liquid or vapor having a temperature higher than 150° F. Any water or waste which contains more than two hundred fifty (250) parts per million, by weight, of fat, oil or grease. Any gasoline, benzine, naptha, fuel oil or other flammable or explosive liquid, solid or gas. 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 will be carried freely under the 4-15 flow conditions normally prevailing in public sewers, with no particle greater than ~ne-half (½) 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. 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 (rog/l) 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. 4-16 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 SpecialAgreements. 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. b) 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. c) Connections, Inspections and Sampling. The agreement may restrict the locations of any connections to the District's sewer system through which such 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. 4-17 d) 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 [rom Damage. 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 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 in efficient operation, at such owner's expense. 4.7.4 Maintenance o£ Grease Interceptors~raps .. 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 (or 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 4-18 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 bi: 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 Capaci~. 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 ~ The present estimated capacity within the District's service area is Seventy-Nine Thousand Six Hundred Nine (79,609) sewer units. The present sewer fund equity, after deduction for accumulated depreciation of the fixed assets of the District, is approximately Eighty-Six Million Three Hundred One Thousand Seven Hundred Sixty-six Dollars ($86,301,766), which is approximately One Thousand Eighty-four Dollars ($1,084) per sewer unit. 4.8.3 Rate Relief for Excess Sewer Capacity in Exchange for Return of Capacity. The owner of a parcel with excess sewer capacity may apply to the District to return the excess sewer capacity to the District in exchange for an adjustment in future annual service charges for the parcel corresponding to the sewer capacity remaining on the parcel after the return. The applicant for such return and rate relief shall allow full and adequate inspection of the parcel, any improvements, and the sewer lines and related connections, and may be required to test or remove underground sewer piping, drainage lines, or the sewer lateral for verification of the 4-19 sewer capacity required on the parcel and that all fixtures on the parcel are low water-use fixtures. After such inspection, removal, and/or testing, and after approval of the application by the District staff, the excess sewer capacity shall immediately and irrevocably revert and be returned to the District as an unrestricted "available" sewer capacity. The adjusted service charge shall be effective as of the first billing cycle which covers a billing period entirely subsequent to the date of approval of the application. The owner of the parcel may re-acquire sewer capacity 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 service. The District shall not pay any compensation, or provide any other benefit, to the applicant or any other owner of or any person beneficially interested in the parcel for the returned sewer capacity except for the above-described rate adjustment. 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 such plans and specifications. 4.8.8 Payment. All sums due to the District shall be paid before issuance of any Change in Use sewer capacity, including the sums specified by the District's Sewer, Water and Street Lighting Ordinances, and service charges and assessments shall continue to accrue from the date of issuance irrespective of whether or not such additional sewer capacity is then connected to the District's collection facilities. 4.8.9 Attributes. Attributes existing on developed property have been treated as 4-20 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 Capaci~_. 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 proposed transfer of the right to discharge into the collection, treatment, and export facilities of the District. 4.8.12 Transfer o_fEqui~. District's existing customers have an equity credit equal to One Thousand Eighty-four dollars ($1,084) 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 cost of transferring sewer capacity rights be paid by those who request such transfers to occur. 4.8.14 Conditions to Transfer. Transfer of capacity rights shall be limited 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 capacity rights shall secure any prior approval of 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, sewer and water service charges, 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 capacity rights from the secondary parcel. e) No Change in Use. No transfer of capacity rights shall increase the estimated measurement of flow and strength of wastewater discharged to the treatment 4-21 facilities. f) Restoration to Natural Condition. No transfer of all capacity rights shall be made from a secondary property that has not had complete restoration to its natural condition. g) Removal of Sewer Lateral. Where all capacity rights 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 capacity rights 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 capacity rights of a secondary property are transferred, subsections 4.8.15(13, 4.8.15(g) and 4.8.15(h), above shall not apply. Any use which remains on the secondary property 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 capacity rights only after he/she finds the following: (i) That each and every foregoing provision of this Section 4.8 has been complied with; (ii) 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; (iii) 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. 4-22 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. 5-1 Section 5.1 General Provisions. 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 o]'Street Li~hting 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, 1966: 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 Charges_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 5.1.6 SCHEDULE 2 Pioneer Village Area 5.1.7 SCHEDULE 3 Bijou Area 5.1.8 SCHEDULE 4 South Y Area $.68 per lineal foot $1.16 per lineal foot $.38 per lineal foot $.68 per lineal foot 5-2 SECTION 6 BILLINGS, PAYMENTS, COLLECTION AND ENFORCEMENT Section 6.1 Billing 6.1.1 6.1.2 6.1.3 6.1.4 6.1.5 6.1.6 6.1.7 6.1.8 for Water, Sewer, Special, and Street Lighting Rates and Charges. Billings. Billing of Water Service Charges. Billing of Sewer Service Charges. Billing of Special Service Charges. Billing of Street Lighting Services Charges. Billing of Special Charges, Interest and Penalties. Water, Sewer, Street Lighting and Special Service Charges Billed and Collected Together or Separately. Notification. 6.2 Payment of Water, Sewer, Special and Street Lighting Rates and Charges. 6.2.1 6.2.2 6.2.3 6.2.4 6.2.5 Responsibility for Payment. Place of Payment. Payments after Notice of Disconnection. Designation and Application of Payments. Delinquency. 6.3 Penalties and Interest, Disconnection and Reconnection Charges on Delinquent Water, Sewer, Special and Street Lighting Rates and Charges. 6.3.1 6.3.2 6.3.3 6.3.4 6.3.5 6.3.6 6.3.7 Delinquent Penalty. Additional Charges for Payments Made by Checks Returned Unpaid. Interest Charges. Liability for Violations. Disconnection and Reconnection Charges. Fees and Costs as Additional Charge. Finding of the Board. 6.4 Collection and Enforcement of Water, Sewer, and Street Lighting, Rates and Charges. 6.4.1 6.4.2 6.4.3 6.4.4 6.4.5 6.4.6 6.4.7 6.4.8 6.4.9 6.4.10 Collection of Delinquent Service Charges. Remedies are Cumulative. Public Utilities Code Lien Against Specific Property. Government Code Lien Against Specific Property. Tax Assessor Levy. Civil Action. Public Utilities Code Lien Against All Real Property. Judicial Enforcement of Lien. Preliminary or Permanent Injunction. Payment Agreements. 6-1 6.5 6.6 6.7 Violations and Enforcement. 6.5.1 6.5.2 6.5.3 6.5.4 6.5.5 6.5.6 Violation. Correction Agreement. Disconnection for Violation of Provisions of Code, Rule or Regulation. Public Hazard. Disconnection for Violation of Provisions of Code, Rule or Regulation. Public Hazard. Disconnection Procedures. 6.6.1 6.6.2 6.6.3 6.6.4 6.6.5 6.6.6 6.6.7 6.6.8 6.6.9 Disconnection of Service. Disconnection for Delinquent Sewer Charges. Disconnection for Delinquent Water Charges. Disconnection for Delinquent Special Service Charges. Means of Enforcement Only. Conditions for Reconnection. Abatement. Complaint or Dispute Review. Relief by Board. Appeals' 6.7.1 Appeals 6.7.2 Committee Review. 6.7.3 Board Review. 6-2 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 providedin this Section 6.1.2, water service charges shall be billed in advance for the billing period, as determined by the District. b) 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. c) 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 Disthct. 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: 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. b) 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. 6-3 6.1.6 Billing_ o_f 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 Administrative Code may be billed at the time such penaltieS, interests, disconnection and 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 S!~ecial 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 otherwise specified in this Section 6, notification and billing shall be sent to the Owner furnished water, sewer, special and/or street lighting services at the address of the Owner shown upon the last equalized assessment roll of E1 Dorado County, unless the Owner notifies the District of a different address for notification and billing. Section 6.2 Payment of Water, Sewer, Special and Street l,ighting 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: Applicant. The person applying for service; and Owner. In the event of delinquency, the Owner, whether or not the Owner is also a) b) the applicant. 6.2.2 Place of PaYment. Payment of all service charges shall be deliveredto 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, or at designated drop boxes. 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 Designation and Application of Payrnents. Payment may be made on aparticular 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 6-4 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 Charees on Delinquent Water, Sewer, Special and Street Lie_htine 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. Penaities may, at the discretion of the District, be waived according to Board policy. 6.3.2 Additional Charees 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 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 shail estimate the cost of disconnection and of reconnection, including all direct and indirect costs. b) Deposit of Estimated Cost. The estimated cost shail be depositedwith 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. 6-5 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 appliedto the owner's service charges, or at the request of Owner, refunded, including interest accrued, in accordance with the District's Water and S ewer 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 Lightine 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 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 6-6 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 Specil~c ProperO'_ . 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 Lev_v. 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 En~eorcement 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 ~vith all fees and costs. 6.4.9 Preliminary_ or Permanent In]unction. 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. l(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. 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 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. 6-7 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 of 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 6.6.1 (a). The agreement shall be on the terms, as determined in the District inspectors' or representative's sole discretion, but shall not exceed a period of six (6) months. a) Stay of Disconnection. The District shall not engage in any disconnection activities during the term of any such correction agreement, provided the correction agreement is not breached and no further provision of the Ordinances, rules or regulations of the District is violated. b) Breach of Correction Terms. If there is a breach 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 and disconnection procedures without notification, as provided in Section 6.6. 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. 6-8 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. a) Service of Notice of Disconnection. The District shall provide written notice of authorization and intent to disconnect water and/or sewer service at least two (2) weeks 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. b) Board Authorization. No such disconnection shall be made without the Board's authorization at a duly called regular, special or adjourned meeting of the Board. c) Notice of Board Meeting. Notice of a Board meeting at which any disconnection is to be authorized shall be given at least five (5) days in advance of such meeting by certified mail addressed to the Owner of the property, to the person to whom the service is billed, and to the person responsible for the water, sewer, or special 'service, or all such services, advising such person(s) of the consideration of the proposed disconnection authorization by the Board. The notice of such meeting may be served concurrently with the Notice of Disconnection described in Section 6.6.1 (a). Any person affected by a proposed disconnection may appear before the Board concerning such disconnection of services d) Service of Final Notice of Disconnection. Following the Board's authorization for 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 authorized. 6.6.2 Disconnection for Delinquent Sewer Charges. If water service is furnishedby the District to property that is also fumished 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 furnishedby the District to property that is also fumishedwater 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 furnishedwater and/or sewer service and all or part 6-9 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, or all such services to the property until all water, sewer, and special service charges are paid so that no service charges are delinquent. 6.6.5 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 to the Ordinances, rules, and regulations of the District, the service shall notbe 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 E1 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 apayment 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 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 Boardpolicy, 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 recommendation will be reported to 6-10 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. 6-11