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HomeMy WebLinkAbout2011-12-20 - Executive-Administrative-Organizational Committee Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING Tuesday, December 20, 2011, 4:00 PM 1717 E Miraloma Ave, Placentia CA 92870 COMMITTEE STAFF Director Michael J. Beverage, Chair Ken Vecchiarelli, General Manager Director Phil Hawkins Stephen Parker, Finance Manager Damon Micalizzi, Public Information Officer Cyndi Botts, Management Analyst 1. PUBLIC COMMENTS Any individual wishing to address the committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 2. ACTION CALENDAR This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee action. 2.1. Adopting Water Rules and Regulations Recommendation: That the Committee recommend the Board of Directors adopt a resolution amending the rules and regulations for the rendition of water service and rescinding Resolution No. 00-12. 3. DISCUSSION ITEMS This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda may also include items for information only. 3.1. Status of Legislative Affairs (Verbal Report) 3.2. General Counsel's Monthly Summary Billing Report 3.3. Status of Strategic Plan Initiatives 3.4. Future Agenda Items and Staff Tasks 4. ADJOURNMENT 4.1. The next meeting of the Executive-Administrative-Organizational Committee is scheduled to be held January 17, 2012 at 4:00 p.m. Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Committee less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 2.1 AGENDA REPORT Meeting Date: December 20, 2011 Budgeted: N/A To: Executive-Administrative- Organizational Committee From: Ken Vecchiarelli, General Manager Presented By: Stephen Parker, Finance Dept: Administration Manager Reviewed by Legal: Pending Prepared By: Stephen Parker, Finance Manager Subject: Adopting Water Rules and Regulations STAFF RECOMMENDATION: That the Committee recommend the Board of Directors adopt a resolution amending the rules and regulations for the rendition of water service and rescinding Resolution No. 00-12. DISCUSSION: Staff is pleased to present amended water rules and regulations for the Executive-Organizational- Administrative Committee's review. The current water rules and regulations were adopted in 2000, and staff has identified a number of best practices that cannot be put into place unless they are amended. The major recommended changes in the amended water rules and regulations include: . Adding a Late Payment Notice and Late Fee. The Late Payment Notice would be mailed 4 days after the bill was due and would remind the customer that payment for services received two months ago is now past due. This does not exist currently, and adds another point of contact to the customer before the Discontinuance Notice (yellow tag) is delivered. . Decreasing the number of days before a Discontinuance Notice is delivered from 18 to 11 days after the bill was due. This prevents customers from facing the situation where a second bill is past due and third bill is on the way while they have not yet paid their first past due bill. . Conducting a "soft credit check" on all new customers. This credit check will have no effect upon the customer's credit report and will notify the District of the potential risk of non- payment. Depending on the risk, customers will either have no deposit, a partial deposit, or a full deposit required. Currently the District does not collect a deposit on new customers under any circumstances. . Requiring existing customers who have demonstrated poor payment history with the District (defined as having 3 or more Discontinuance Notices, 2 non-sufficient funds charges, 1 non- sufficient funds charge on a delinquent account or 1 shut off in a 12 month period) to have a deposit. Currently only customers who go to shut off are required to have a deposit. . All construction meters will be locked to the hydrant on the application, and movement to different hydrants will be limited to District employees and require an additional fee. Currently a number of construction meters are not read every month due to the inability of District staff or the person who checked it out to locate it. . Changing the fee structure for plan check fees from a per connection basis to a flat fee basis. STRATEGIC PLAN: FR 1-C: Revise the Water and Sewer Rules and Regulations and Evaluate Fee Schedules Regularly for Proper Cost of Service Coverage Staff is also submitting a revised customer service and developer fee schedule to the Finance- Accounting Committee this month, and should both Committees support staff's recommendation, both items will be submitted to the full Board in January 2012. The amended sewer rules and regulations and corresponding changes to the customer service and developer fee schedule are anticipated to be brought before the same two committees in the spring of 2012. PRIOR RELEVANT BOARD ACTION(S): On October 26, 2000, the Board adopted a resolution establishing the current rules and regulations for the rendition of water service. ATTACHMENTS: Name: Description: Type: Resolution 12-XX.docx Resolution Resolution Water _Rules _and_Regulations.docx Water Rules and Regulations Backup Material RESOLUTION NO. 12-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AMENDING THE RULES AND REGULATIONS FOR THE RENDITION OF WATER SERVICE AND RESCINDING RESOLUTION NO. 00-12 WHEREAS, the Rules and Regulations for the Rendiotion of Water Service were adopted by Resolution No. 31A; and WHEREAS, the Board of Directors of the Yorba Linda Water District has, from time to time, amended the Rules and Regulations, the most recent of which was by Resolution No. 00-12 adopted on October 26, 2000; and WHEREAS, the Board of Directors desires to amend the Rules and Regulations. NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1. That the Rules and Regulations for the Rendition of Water Service, attached as Exhibit A and by reference incorporated here, are hereby adopted. Section 2. That Resolution No. 00-12 is hereby rescinded effective immediately following adoption of this Resolution. PASSED AND ADOPTED this 12th day of January 2012, by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Phil Hawkins, President Yorba Linda Water District ATTEST: Kenneth R. Vecchiarelli, Secretary Yorba Linda Water District Resolution No. 12-XX Water Rules and Regulations 1 Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. Kidman, Behrens & Tague Resolution No. 12-XX Water Rules and Regulations 2 Yorba Linda Water District RULES AND REGULATIONS WITH REGARD TO THE RENDITION OF WATER SERVICE BOARD OF DIRECTORS Phil Hawkins, President Gary T. Melton, Vice President Ric Collett, Board Member Robert R. Kiley, Board Member Michael J. Beverage, Board Member Kenneth R. Vecchiarelli, General Manager February 2012 TABLE OF CONTENTS Section 1 Definitions of Terms Section 2 Service Connections Section 3 Fees, Rates and Deposits Section 4 Water Usage Regulated Section 5 Mains, Meters and Fire Hydrants Section 6 Backflow Protection Program Section 7 Policy on Water Main and Service Extensions Section 8 Protection from Damage Section 9 Powers and Authority of Inspectors Section 10 Violations Section 11 Validity Water Rules and Regulations February 2012 SECTION 1: DEFINITIONS OF TERMS Unless the context specifically indicates otherwise, the meaning of terms used in these Rules and Regulations shall be as follows: 1.1 APPLICANT: An individual or agency applying for water service. 1.2 AIR-GAP SEPARATION: The term "air-gap separation" means a physical break between a supply pipe and a receiving vessel. The air-gap shall be at least double the diameter of the supply pipe measured vertically above the top rim of the vessel, in no case less than one inch. 1.3 APPROVED BACKFLOW PREVENTION DEVICE: The term "Approved backflow prevention device" shall mean devices which have passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated their competency to perform such tests to the California Department of Health Services. 1.4 APPROVED WATER SUPPLY: The term "approved water supply" means any water supply whose potability is regulated by a State or local health agency. 1.5 AUXILIARY SUPPLY: The term "auxiliary supply" means any water supply on or available to the premises other than the approved water supply. 1.6 AWWA STANDARD: The term "AWWA Standard" means an official standard developed and approved by the American Water Works Association (AWWA). 1.7 BACKFLOW: The term "backflow" shall mean a flow condition, caused by a differential in pressure, which causes the flow of water or other liquids, gases, mixtures or substances into the distributing pipes of a potable supply of water from any source or sources other than an approved water supply source Backsiphonage is one cause of backflow. Back pressure is the other cause. 1.8 BOARD OF DIRECTORS: The Board of Directors of the Yorba Linda Water District. 1.9 BOOK SERVICE: Provision of water to premises at the option of the District. 1.10 CITY OR COUNTY: Any other governmental agency or department thereof having jurisdiction in the particular matter. 1.11 COMMERCIAL SERVICE: Provision of water for use in the operation of a business. 1.12 CONTAMINATION: The term "contamination" means a degradation of the quality of the potable water by any foreign substance which creates a hazard to the public health or which may impair the usefulness or quality of the water. 1.13 CONTRACTOR: A person licensed by the State of California to construct water mains. 1 Water Rules and Regulations February 2012 1.14 CROSS-CONNECTION: The term "cross-connection" means any unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. By-pass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which backflow could occur, shall be considered to be cross-connections. 1.15 CUSTOMER OR CONSUMER: An individual or agency of record receiving water service from the Yorba Linda Water District. 1.16 DATE OF PRESENTATION: The date upon which a bill or notice is mailed or delivered to the customer. 1.17 DEMAND SERVICE: Provision of water to premises at the option of the consumer. 1.18 DESIGN ENGINEER: A Civil Engineer licensed by the State of California who shall directly supervise and check the plans and sign his name and registration number thereto. 1.19 DISTRICT: This shall mean the Yorba Linda Water District. 1.20 DISTRICT ENGINEER OR ENGINEER: The engineer of the District or his authorized agents, limited by the particular duties entrusted to them. 1.21 DOMESTIC SERVICE: Provision of water for household residential purposes, including water for sprinkling lawns, gardens and shrubbery, water live stock, washing vehicles, and other similar and customary purposes. 1.22 DOUBLE CHECK VALVE ASSEMBLY: The term "double check valve assembly" means an assembly of at least two independently acting check valves including tightly closing shut-off valves on each side of the check valve assembly and test cocks available for testing the water tightness of each check valve. 1.23 EMPLOYEE: The term "employee" shall include any person designated by the General Manager of the District to perform work and labor for the District, excluding contractors and their employees. 1.24 FIRE PROTECTION SERVICE: Provision of water to premises for automatic Fire protection. 1.25 GENERAL MANAGER: The person appointed by the Board of Directors of the District as the executive officer of the District. 1.26 HEALTH AGENCY: The term "health agency" means the California Department of Health Services, or the local health agency with respect to a small water system. 2 Water Rules and Regulations February 2012 1.27 IRRIGATION SERVICE: Provision of water for agricultural, floricultural, or horticultural use. 1.28 LOCAL HEALTH AGENCY: The term "local health agency" means the county or city health authority. 1.29 MAIN EXTENSION: Extension of distribution pipelines, exclusive of service connections, beyond existing facilities. 1.30 MAINS: Distribution pipelines located in streets, highways, public ways or private rights-of-ways which are used to serve the general public. 1.31 METER: Measuring device approved by the District. 1.32 METER RATE SERVICE: Provision of water in measured quantities. 1.33 PERSON: The term "person" means an individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution. 1.34 "PH": The common logarithm of the reciprocal of hydrogen ions in grams per liter of solution. 1.35 PLANS: Detailed design sheets with plan and profile of proposed water construction shown in sufficient detail so that it can be constructed. 1.36 PREMISE: The term "premise" means any and all areas on a customer's property which is served or has the potential to be served by the public water system. 1.37 PRONOUNS: Words used herein in the masculine gender include the feminine and neuter, and vice versa; the singular number includes the plural, and the plural the singular. 1.38 PUBLIC WATER SYSTEM: The term "public water system" means a system for the provision of piped water to the public for human consumption which has five or more service connections or regularly serves an average of 25 individuals daily at least 60 days out of the year. 1.39 RECLAIMED WATER: The term "reclaimed water" means a wastewater which as a result of treatment is suitable for uses other than potable use. 1.40 REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION DEVICE: The term "reduced pressure principle backflow prevention device" means a device incorporating two or more check valves and an automatically operating differential relief valve located between the two check valves, a tightly closing shut-off valve on each side of the check valve assembly, and equipped with necessary test cocks for testing. 3 Water Rules and Regulations February 2012 1.41 SECTIONS: The parts into which these rules are divided. 1.42 SERVICE CONNECTION: This includes the tapping connection, the pipe, valves, meter, and other facilities by means of which water is conducted from the distribution main to the outlet side of the meter and the beginning of the consumer's pipe. 1.43 "SHALL": is mandatory, "May" is permissive. 1.44 SPECIFICATIONS: The Standard Plans and Specifications for the Construction of Water Facilities in the Yorba Linda Water District. 1.45 TECHNICAL TERMS: Unless otherwise specifically defined herein, or unless the context requires a different meaning, all words, terms and phrases having a well known or technical meaning shall be so construed. 1.46 TEMPORARY CONSTRUCTION METERS: Measuring devise installed on Fire Hydrants to provide construction water. 1.47 TEMPORARY SERVICE: Water service existing or effective for a finite period of time; not permanent. 1.48 UNDERGROUND SERVICE ALERT: "USA" is an information center that notifies its members of impending excavation at or near their underground installations. California law makes it mandatory for all those who plan to do any digging or excavating to inform a regional notification center such as USA at least two days in advance. USA can be contacted at 1-800-422-4133. 1.49 WATERCOURSE: A channel in which a flow of water occurs, either continuously or intermittently. 1.50 WATER SUPPLIER: The term "water supplier" means the person who owns or operates the approved water supply system. 1.51 WATER USER: The term "water user" means any person obtaining water from an approved water supply system. SECTION 2: SERVICE CONNECTIONS 2.1 APPLICATION FOR SERVICE CONNECTION: An application for a service connection may be made at the District Office, by telephone or online, as available. The applicant shall specify the size of the service and meter to be installed, the property to be served, and the purpose for which the water is to be used. The information supplied by the applicant in such application shall be considered as authoritative and final. If any error in such application shall cause the installation of a service connection that is improper whether in size or location, the cost of all changes required shall be borne by 4 Water Rules and Regulations February 2012 the applicant. When a service connection is installed and the meter set and the water is turned on or left to be turned on by the consumer at their convenience, and the proper application for water service has been signed, the charge for water service shall begin. If water service is not required when the service connection is installed whether or not the meter is set, the applicant must order the angle stop or gate valve governing the supply to be left shut off and sealed to avoid charge for service, and when service is required the consumer must make proper application for water service. See Section No. 3.14 for Application for Water Service. NOTE: The paragraph immediately preceding does not apply to Automatic Fire Sprinkler Service or booked irrigation service. All applicants for water service shall also comply with the Rules and Regulations of the Yorba Linda Water District with regard to the rendition of Sewer Service. 2.2 SERVICES TO SEPARATE PREMISES: Each house or building under separate ownership must be provided with its own service connection or connections. Two or more houses or buildings under one ownership and on the same lot or parcel of land may be supplied through one service connection, or a separate service connection may be installed for each building. 2.3 IRRIGATION SERVICE THROUGH SINGLE METER FOR SEVERAL SEPARATE PARCELS: Where two or more parcels under separate ownership are presently irrigated through one meter service to the separate parcels through one meter may continue subject to the following conditions: 2.3.1 That the consumer first in order of service from the service connection shall guarantee in writing the payment of the water bill for all water registered through the meter. 2.3.2 The District shall read the meter and bill for the water used in the same manner and procedure as other irrigation services. The District shall not be responsible for individual readings or calculations. 2.3.3 Each multiple service may be permitted subject to being discontinued 30 days after being served written notice by the District to said consumer or consumers. 2.3.4 Any sale of property shall require separate service for the portion sold and the remaining portion. This, however, shall be limited only to the consumer, who makes the sale, 2.3.5 This section shall apply only to services of this nature, which were in operation at the time the District took over operation on January 1, 1960. 2.4 NUMBER OF BUILDINGS ON SINGLE SERVICE: The District reserves the right to 5 Water Rules and Regulations February 2012 limit the number of houses or buildings, or the area of the land under one ownership, to be supplied by one service connection. 2.5 SERVICE OWNERSHIP WHEN PROPERTY IS SUBDIVIDED: When property provided with a service connection is subdivided the service connection shall be considered as belonging to the lot or parcel of land which it directly enters or the property which is first served in the event the consumers pipe crosses other property to reach the property to be served. 2.6 SERVICE CONNECTION SUPPLYING ADJOINING PROPERTY: A service connection shall not be used to supply adjoining property of a different owner or to supply property of the same owner or opposite sides of a public street or alley. 2.7 INTERFERING WITH PIPES: No person shall, without the permission of the General Manager or his duly appointed agents or employees, remove, change, disturb, or in any way tamper with or interfere with any of the facilities, apparatus, appliances or property used or maintained for the production, storage, or supply of water by the District to consumers thereof, nor shall any person without the permission of the General Manager install any pipe, apparatus, appliance or connection to any part of the system of the District. SECTION 3: FEES, RATES AND DEPOSITS 3.1 SERVICE FEE: Each application for water service connection shall pay a Service Fee as calculated in Section 3.2 herein. 3.2 SERVICE FEE CALCULATION: 3.2.1 CALCULATION FOR CONNECTION TO MAINS: The Service Fee for connection to a water main shall be calculated by multiplying the front footage of the property served, and number of applicable fire hydrants by the Service Fees pursuant to the Water Development Fees Resolution. Service fees shall be refunded in accordance with Section 7.10 of these Rules and Regulations. 3.2.1.1 IRREGULAR PARCELS: Irregular shaped parcels shall be charged at the rates identified in Section 3.2.1, or at the per acre rate for gross area including property to center line of streets, whichever is greater. The Irregular Parcel rate shall be pursuant to the Water Development Fees Resolution. 3.2.1.2 MINIMUM CHARGE: The minimum Service Fee shall be pursuant to the Water Development Fees Resolution. 3.2.1.3 FRONTAGE FEE IF MAIN DOES NOT IMMEDIATELY JOIN THE PROPERTY: The Service Fee shall apply in the event a main does not immediately join the property and applicant desires to extend a private 6 Water Rules and Regulations February 2012 service line from the main line to the property being served. This fee may be used by the District to assist in the extension of a main past this property when other applicants desire to extend the main. 3.3 METER CONNECTION FEE: Each applicant shall pay the District the applicable Meter Connection Fees pursuant to the Water Development Fees Resolution, before applicant is allowed to commence work related to water service by the District: 3.3.1 METERS UP TO 2 INCHES: The District shall charge and collect in advance, a Meter Fee for the installation of water meters up to 2 inches in size. A traffic box shall be required for meter settings where, in the District's opinion, the box is subjected to vehicle traffic, e.g. in driveways and parking lots. The extra charge for traffic boxes shall be added to the Meter Fee. The District may require, in its sole discretion, the installation of radio read meters. The fee for radio read meters shall be as identified in the latest adopted Fee Resolution. The Meter Fee shall be pursuant to the Water Development Fees Resolution. 3.3.2 METERS LARGER THAN 2 INCHES: Meters larger than 2 inches shall be installed for a sum equal to the actual cost of labor and materials to install such meter and appurtenances plus overhead. The cost of such installation shall be estimated by the District, and such estimated cost shall be paid by the applicant to the District before the work of connecting the main with the property is commenced. Whenever the estimated cost is not sufficient to cover the total expense for labor, material, and overhead, the deficit shall be charged to and paid by applicant. Any excess payment shall be returned to the applicant. 3.3.3 TEMPORARY CONSTRUCTION METERS: When a temporary construction meter is requested, and service can be provided by a standard fire hydrant type of construction meter, the applicant shall deposit an amount pursuant to the Water Development Fees Resolution. For any temporary service other than a fire hydrant type of construction meter, the applicant shall be responsible for installation and removal of all pipes, valves, fittings and appurtenances required for installation of a non-standard fire hydrant construction meter. A separate fee, pursuant to the Water Development Fees Resolution, shall apply for movement of the meter to a new location. 3.4 OTHER SERVICE FEES: Each application approved by the District shall pay to the District cash for all applicable Other Service Fees in the amount set forth herein before applicant is allowed to commence work related to water service by the District: 3.4.1 ADMINISTRATIVE FEE: An Administrative Fee shall be imposed on a per job basis for each application and shall be pursuant to the Water Development Fees Resolution. 3.4.2 PLAN CHECK FEE: A Plan Check Fee shall be imposed on a flat fee basis for 7 Water Rules and Regulations February 2012 each service connection identified in the application and shall be pursuant to the Water Development Fees Resolution. 3.4.3 INSPECTION FEE: An Inspection Fee shall be imposed on a per connection basis for each service connection identified in the application and shall be pursuant to the Water Development Fees Resolution. 3.4.4 RECORDS AND BILLING FEE: A Records and Billing Fee shall be imposed on a per connection basis for each service connection identified in the application and shall be pursuant to the Water Development Fees Resolution. 3.4.5 JUMPER FEE: A Jumper Fee shall be imposed on a per connection basis for each service connection identified in the application and shall be pursuant to the Water Development Fees Resolution. Access to water through the use of a Jumper will be allowed for a maximum of two (2) months, after which time a meter must be installed. The fees for the installation of the meter shall be pursuant to the Water Development Fees Resolution. 3.4.6 SINGLE SERVICE FEE: A Single Service Fee shall be imposed on a service connection, to a single lot where the water main already exists and where, in the District's judgment, it is not necessary to process an application. The Single Service Fee shall be pursuant to the Water Development Fees Resolution. 3.5 INSTALLATION BY APPLICANT: The applicant shall be responsible for the installation of all pipe, valves, fittings, fire hydrants, service lines and appurtenances required to obtain water service from the District. Applicant shall indemnify and hold the District, its Directors, officers and employees harmless from any loss or damage that may be directly occasioned by the installation of the water facilities. All materials, and installation, shall conform to the District's Standard Plans and Specifications, and shall be subject to the inspection and acceptance by the District. 3.6 WATER RATES: The water rates to be charged and collected monthly or bimonthly as may be determined by the General Manager of the District from consumers of water supplied by the District are established pursuant to the Water Rate Resolution, and the General Manager is hereby authorized and directed to charge and collect the same. 3.6.1 IRRIGATION SERVICE LIMITS: Irrigation Service whether booked or demand is only available in accordance with the terms and conditions as adopted by the Metropolitan Water District from time to time. 3.6.2 COMBINATION SERVICE LIMITS: Combination service shall only apply to 1- 1/2 inch meters and larger, provided that a written agreement is filed at the District and the service complies with the terms and conditions of the Metropolitan Water District. Combination service applies only to existing services and no new services will be accepted under this Section. 8 Water Rules and Regulations February 2012 3.6.3 PERMANENT UNTREATED WATER SERVICE: Permanent untreated water service is only available in accordance with the terms and conditions for Untreated Full water service as adopted by the Metropolitan Water District from time to time. To qualify for this class, the customer will pay all costs to connect to the Metropolitan Water District untreated water supply, and own and operate their own, independent, water system that is completely separate and apart from the District's domestic water system; comply with all Yorba Linda Water District Rules and Regulations, including any Water Management Programs; and implement all reasonable and available reliable water use efficiency methods, as determined by the District. 3.7 TEMPORARY SERVICE: 3.7.1. TEMPORARY SERVICE: Application shall be made to the District for any temporary service desired by contractors and builders for water to be used in construction work. Upon the deposit of a temporary meter fee as defined in Section 3.3.3, a meter shall be furnished for such service. The fee for temporary water service shall be pursuant to the Water Rate Resolution. All temporary service meters shall be locked, by District staff, onto a single hydrant, specified by the applicant at the time the application is submitted. At the request of the applicant, the meter may be moved to a new location by District staff. The fee for movement of the meter, as defined in Section 3.3.3, is pursuant to the Water Development Fees Resolution. A tampered lock and/or unauthorized movement of the meter will result in a charge pursuant to the Water Development Fees Resolution. If in the determination of the District the setting of a meter is impracticable or uneconomical for the supply of construction water, the charges for such unmetered water shall be two times the Domestic Water Rate, pursuant to the Water Rate Resolution, times the estimated number of units used. 3.7.2 TEMPORARY UNTREATED WATER: Application shall be made to the District for all temporary untreated water received directly through Metropolitan Water District and the Municipal Water District of Orange County for construction purposes only. The fee for Temporary Untreated Water shall be pursuant to the Water Development Fees Resolution. 3.8 PRIVATE FIRE SERVICE RATES: The monthly rates for private fire service protection shall be pursuant to the Water Rate Resolution. 3.9 PRIVATE FIRE PROTECTION: The applicant shall furnish and install all piping, valves, regulators, appendages, fire detector check (commercial applications), backflow prevention device and/or other approved devices. The by-pass meter will be specified by the District. 3.10 WATER RATES AND PAYMENT OF WATER RATES: Whenever the distribution line 9 Water Rules and Regulations February 2012 of the District water system shall be duly connected with the premises of any person and the water turned on to such premises the charges for water shall be a charge against the person in possession of the premises who used the water, and the charges shall continue so long as the water is turned on to said premises whether the same is actually used or not. 3.11 WATER BILLS, DUE DATES AND ADDITIONAL SERVICES: All water bills shall be due and payable upon presentation and shall become delinquent upon the passage of the 27th day. Provided further, all charges for labor furnished as well as all other service charges shall constitute a valid and subsisting claim in favor of the District and against the owner of the property and/or the person to whom such services are rendered. All accounts shall become due and payable upon presentation and if not paid on or before the expiration of the 27th day, the District may through their representative turn off the water and discontinue such service. In case the water is turned off or a service representative has been sent to turn off the water for nonpayment, as herein provided, it shall not be turned on again until all legitimate charges for services rendered, together with the charge for reestablishing the water service have been paid. The charges for additional services and required deposits are as follows: 3.11.1 DELINQUENT PAYMENTS: An account will be considered delinquent if payment of a water bill is not received by the 27th day after the bill is generated. A Late Fee will be immediately assessed upon the past due amount if the account is not paid in full by the 27th day after the bill is generated. This fee will be pursuant to the Water Development Fees Resolution. All payments must be processed by the District prior to the 27th day. Payments dropped off after normal business hours and pending automatic payments will be considered to be delinquent. 3.11.2 NOTICE OF DISCONTINUANCE: A Notice of Discontinuance will be posted on the property where water service was rendered 11 days after the bill is due. The Notice will indicate the amount due, the scheduled shut-off date and where to remit payment. The charge for this service shall be pursuant to the Water Development Fees Resolution. 3.11.3 SHUT - OFF DUE TO NONPAYMENT: Water service may be discontinued if payment of all legitimate charges is not received within the time period allowed. A representative of the District will be sent to the property where water service was rendered to disconnect the service and post a notice of the shut-off. The charge to send a service representative to turn off water for nonpayment shall be pursuant to the Water Development Fees Resolution. 3.1 1.4 REESTABLISHING SERVICE: The charge for reestablishing water service after shut-off due to nonpayment, during normal business hours, excluding holidays, shall be pursuant to the Water Development Fees Resolution. Water Service will be reestablished only after payment of all legitimate charges and required deposits have been received by the District 10 Water Rules and Regulations February 2012 3.11.5 CALLOUTS AFTER HOURS: The charge for callouts of District representatives for the purpose of reestablishment of water service, after normal business hours and on holidays, shall be pursuant to the Water Development Fees Resolution. 3.11.6 TAMPERED LOCKS: The District may place a lock on a water meter to prevent unauthorized use. A tampered lock will result in a charge pursuant to the Water Development Fees Resolution. 3.11.7 METER REMOVAL: A meter may necessitate removal if repeatedly used without authorization by the District, and the charge for removal and resultant replacement, after payment of any other outstanding charges shall be pursuant to the Water Development Fees Resolution. 3.11.8 METER REPLACEMENT: In the event a meter is worn out prior to its ten (10) year expected life due to excessive or non-standard usage, the charge for replacement or repair shall be the sole responsibility of the customer and shall include the costs associated with the labor and materials, pursuant to the Water Development Fees Resolution, prorated to the ten (10) year life expectancy. At the District's discretion, an alteration in meter size may be required. 3.11.9 METER TESTING: The charge for testing the meter for accuracy, either at the source, or through an independent laboratory, after payment of any other outstanding charges shall be pursuant to the Water Development Fees Resolution. Should the test find the meter to be outside the limits of American Water Works Association (AWWA) standards, the cost of the test will be credited back to the customer account and a billing adjustment made for that billing cycle, based on the customer's average twelve (12) month usage. Testing the meter for accuracy may require an appointment, pursuant to the Water Development Fees Resolution. 3.11.10 DEPOSITS: Deposits will be required from each customer account that holds a poor payment history with the District, which is defined as three or more delinquent payments, two or more non-sufficient funds (NSF) or automated clearing house (ACH) rejection fee occurrences, a single non-sufficient funds (NSF) or automated clearing house (ACH) rejection from a payment made on a delinquent account after a Notice of Discontinuance has been posted, or a single shut-off within a 12-month period. A soft credit check shall also be required from all new residential customer accounts, pursuant to the Water Development Fees Resolution. The soft credit check may result in the requirement of a deposit prior to service being established. New residential customers who have no valid United States of America issued identification will be required to pay the full amount of the deposit at the time of service application, either in cash or cashier's check only. A commercial or irrigation customer will be required to pay deposits according to their meter size, and such deposits shall be pursuant to the Water Development Fees Resolution. The deposit required by this Section shall be collected by the District, pursuant to 11 Water Rules and Regulations February 2012 Section 3.11, et. seq., of these Rules and Regulations. The deposit required by this Section will be applied to a customer's account and/or the balance refunded after two years of timely payments. Timely payments are defined as no delinquent payments and no non-sufficient funds (NSF) or automated clearing house (ACH) rejections. In the event a customer account becomes delinquent or receives a non-sufficient funds (NSF) or automated clearing house (ACH) rejection, during the two year period, the District will retain the deposit on hand and start a new two year period. Upon termination of service, the deposit required by this Section will be applied to their account and/or the balance refunded. 3.12 CHANGE OF ADDRESS: Failure to receive mail will not be recognized as a valid excuse for failure to pay water rates when due. Change in occupancy of property supplied with District water and changes in mailing addresses of consumers of District water must be filed at the District office, in writing, by fax, mail or online, as available. 3.13 ADJUSTMENT OF RATES: The General Manager may adjust and grant rebates from the rates herein provided in the event of any dispute as to a charge to a consumer provided, however, that all persons affected thereby shall have the right to file an appeal of such determination with the District Board within 10 days after receipt of the Manager's decision. The decision of the Board in respect thereto shall be final and conclusive as to all parties. 3.14 APPLICATION FOR SERVICE: Customers desiring water service shall make applications for water service at the District office, by telephone or online, as available The information required in all instances where application is made for water shall include among other information the name and address of applicant, description of the property where water service is desired, together with the applicant's status as owner or lessee, and description of facilities to be connect, home and work telephone number, and Social Security number or state-issued driver's license number and birth date as an alternative to a Social Security number. Where the applicant does not possess valid United States of America issued identification, application for service must be made in person. In no event shall a connection be made that has not been first approved by the District. Should applicant subsequently cancel one or more items of service, such cancellation shall not change or affect the terms of his application in respect to the remaining item or items of service. 3.15 RENEWING SERVICE: Each consumer having previously obtained water service from the District and desiring to renew the use of water shall notify the District office for renewal of water service and upon payment of all unpaid charges, if any, together with any turn on charge imposed by Section 3.10 or 3.11 the water will be turned on. 3.16 METER FAILURE: If a meter fails to register during any period or is known to register inaccurately, the consumer shall be charged with an average daily consumption according to the season as shown by the meter when in use and registering accurately. 12 Water Rules and Regulations February 2012 3.17 CHANGE OF METER LOCATION: Any person desiring to change the location of a service that has already been installed shall make application to the District. The District, at its discretion, may install such changes upon payment in advance of the cost of time and materials including excavating and repaying and overhead as estimated by the District will cause such change to be made. 3.18 CHANGE OF FIRE HYDRANT OR AIR VACUUM/AIR RELEASE VALVE LOCATION: Fire hydrants and Air Vacuum/Air Release Valves shall be installed in the location specified by the District. If a property owner or other party desires a change in the size, type or location of such fire hydrants or Air Vacuum/Air Release Valves, they shall file a written application with the District and comply with Section 3.4.5 and 3.5 of these Rules and Regulations. Any change in the location of a fire hydrant or Air Vacuum/Air Release Valve must be approved by the District and shall not adversely impact surrounding properties. SECTION 4: WATER USAGE REGULATED 4.1 SUPPLYING ANOTHER PERSON: 4.1.1 Water shall not be supplied to any person other than the occupants of the consumers own premises except as provided for in this Section. 4.1.2 Provided however such consumer having first made application with the District and is issued a permit therefore may supply water to a holder of a contract for public improvement and/or provided a temporary and permissive service to another. 4.1.3 Such permit as provided for in Section 4.1.2 shall be denied to any person who is indebted to the District for any former water or damage charges or who has in fact, prior to such application, failed to comply with the aforesaid provision or provisions of any previous permit issued to him. 4.2 WASTE IN PLUMBING: Any person who as owner or occupant of any premises fails, refuses, or neglects to maintain such premises with plumbing of such character and quality as to prevent the wasting of water shall, three (3) days after being served by the District by written notice of such intention, have all water service discontinued pending such repair. This time limit may be restricted further, as determined by the District. 4.3 IRRIGATION, SPRINKLING, ETC.: The use of water for irrigation, sprinkling, wetting, construction or industrial purposes, may be restricted if and when such use be contrary to the public safety or welfare as determined by the District. 4.4 OUTSIDE DISTRICT WATER CONSUMERS: Sale may be made to consumers outside the District in accordance with all rules, regulations and rates only on the 13 Water Rules and Regulations February 2012 recommendation of the General Manager and with the approval of the Board of Directors. The water rate for water served outside of the District boundaries is established at the water rate previously established for water served within the District boundaries multiplied by two. 4.5 SHUTTING OFF WATER FOR REPAIRS: The District reserves the right to shut off water in their mains for the purpose of making repairs or for any other purposes found necessary. The District shall not be responsible for any damages which may occur due to water shut-offs. The owner and/or consumer shall be conclusively presumed to have taken all necessary precautions in compliance with the building code in anticipation of emergency shut-offs. Where a planned shut-off is made every effort shall be made by the District to notify the consumers. 4.6 WATER PRESSURES: The District shall endeavor to maintain such pressures as recommended by the Board of Fire Underwriters. In the event any consumer deems that pressures are inadequate, the consumer shall furnish at his own expense whatever devices are necessary to boost the pressure for his own premises. In the event water pressures are in excess of any consumer's normal requirements, it shall be the responsibility of such water consumer to install such devices on his own premises to protect his plumbing and/or to reduce the pressure for his normal needs. SECTION 5: MAINS, METERS AND FIRE HYDRANTS 5.1 CHANGES AND/OR DAMAGES TO MAINS AND FITTINGS: Any street improvements which are to be performed which will cause the relocation of existing water mains, fittings, meters or other water equipment must have the approval of the District. The District shall be given a written notice a minimum of ten (10) working days prior to start of construction of the approved project. Any changes which are required or any damages which may occur to such mains, fittings, meters or other water equipment without fault or negligence of the District shall be chargeable to the person or agency requiring said work to be done. 5.2 BY-PASS CONNECTIONS: Any by-pass or connection around the meter between the service and the main shall be prohibited except those installed to permit the removal of meters for testing and repair. The control valves shall be sealed by the District and said seal broken only by District employees. All water used, except as provided in case of private fire service, shall pass through the meter. 5.3 SHUT-OFF VALVES: All shut-off valves and angle stops are for the use of the District. Such shut-off valves or angle stops shall not be used or altered in any way or manipulated by the consumer except in extreme emergency. For ordinary usage all consumers shall provide their own valves and shut-off cocks between the water meter and the first outlet placed by the consumer. Excepted here from are irrigation services. For irrigation service the District's valve may be used at the option of the District. 14 Water Rules and Regulations February 2012 5.4 METERS: 5.4.1 SIZING METERS: The District shall determine the size of the meter required. Where service conditions change, the District, through the General Manager or his authorized representative, shall at his discretion have installed a meter of proper size to meet the present conditions. The District shall then bill or refund as required. 5.4.2 RIGHT TO METER: The. District reserves the right to meter any service and apply the established rates. 5.4.3 SEALING METERS: All meters will be sealed by the District and no seal shall be altered or broken except by one of its authorized employees or agents. 5.5 CHANGE OF METER: 5.5.1 CHANGE IN SIZE OF METER: A change in the size of a meter either an increase or a decrease shall be made as follows: 5.5.1.1 METERS OTHER THAN IRRIGATION TYPES: The charge for the exchange of meters shall be the charge for a meter of the size to be installed less 100% of the current cost of a meter only of the size to be removed. This difference is to be billed to the applicant. In the event of a reduction of meter size, no refund shall be made. 5.5.1.2 IRRIGATION TYPE METER TO BE EXCHANGED FOR ANOTHER IRRIGATION TYPE METER: The provisions set forth herein above in Section 5.5.1.1 shall apply and be used when the consumer desires to exchange an irrigation type meter for another irrigation type meter whether it be larger or smaller in size, except that no refund shall be made in the event a reduction in the size of the meter is desired. 5.5.1.3 IRRIGATION TYPE METER TO BE EXCHANGED FOR A METER OTHER THAN OF THE IRRIGATION TYPE OR OTHER FACILITIES: If the consumer desires to exchange an irrigation type meter for a meter other than of the irrigation type or other facilities he may so do as set forth in Section 5.5.1.1 except that the allowance for the meter to be used in all calculations shall be pursuant to the Water Development Fees Resolution. In the event that the allowance for the meter set forth herein is greater than the cost of another meter or facility, or if no meter or facilities are to be installed towards which the allowance may be applied, then such allowance or balance thereof shall be applied towards any other monies owed to the District and if no monies are owed to the District, then said 15 Water Rules and Regulations February 2012 monies shall be refunded to the consumer. If the consumer desires the meter in place of the allowance, he may receive the meter by signing for the meter showing that he has received it. In this event he may dispose of the meter as he desires. 5.5.2 CURRENT COST OF METER: The current cost of a meter as used above shall be pursuant to the Water Development Fees Resolution. 5.5.3 CHANGE OF METERS WHERE CHANGE OF SERVICE LINE IS REQUIRED: If the change of meter, either an increase or decrease in size requires a change in service line size, it shall be the consumer's responsibility to construct the new service line pursuant to Section 7 herein. 5.6 METERS, PROPERTY OF DISTRICT: All water services and water meters installed or required to be installed by the District shall remain at all times the property of the District and shall be maintained, repaired and renewed by the District when rendered unserviceable by normal wear and tear. Where replacements, repair or adjustments of any meter are rendered necessary by an act resulting from malice, carelessness or neglect of the consumer or any member of his family or anyone employed by him and any damage which may result from hot water, or steam from water heater, boiler or otherwise shall be charged to and paid for by such consumer to the District on presentation of a bill therefore; and in case such bill is not paid, the meter shall be shut off from such premises and shall not be turned on again until all charges are paid. No person shall interfere with or remove from any service any water meter where it has been so attached. 5.7 METER LOCATION: All meters of the District shall be placed at the curb line of the street, or near the property line in alleys, or as close to the water main in all other cases whenever and wherever practicable and be protected and maintained as a pan of the operation of the District. No property shall be served where the property line is more than 100 feet from the nearest main. 5.8 METERS INSIDE PREMISES: Where a water meter is placed inside the premises of a consumer for the convenience of said consumer provisions shall be made for convenient meter reading and repairing by representatives of the District. Failure to make provisions by the consumer shall be sufficient cause for removal of such meter at the option of the District and the withholding of service until installation is made at the curb line as herein provided. 5.9 CONSUMER'S RESPONSIBILITY: The District shall in no way whatsoever be responsible for any damage to person or property because of any leakage, breakage or seepage from, or accident or damage to any meter or pipe situated within any private premises, and said District shall not be responsible for any leakage, breakage, or seepage from any pipe situated between any meter properly installed at the curb and the private premises served thereby, nor shall said District be responsible for or on account of any damage, injury or loss occasioned directly or indirectly by the existence of any meter or 16 Water Rules and Regulations February 2012 pipe situated upon private properly. 5.10 USE OF FIRE HYDRANTS: Public fire hydrants shall be located, maintained and repaired by the District. Any damage thereto by persons or agency other than representatives of the Fire Department and Water District shall be a claim against the person or agency committing such damage and the District shall take action as may be necessary to collect the same. Fire hydrants are provided primarily for the purpose of extinguishing fires and shall be used otherwise only as herein provided for, and shall be opened and used only by the Water District and Fire Department or such persons as may be authorized to do so by the Chief of the Fire Department or the General Manager of the Water District. 5.11 FIRE HYDRANTS, PERMIT FOR: All unauthorized use of water through a fire hydrant is a violation of these Rules and Regulations. All persons desiring to use water through fire hydrants, or other hydrants, owned or controlled by the District shall be required to obtain a permit from the District in compliance with Section 3.7 of these Rules & Regulations. The District shall issue no such permit to any person who has violated any of the provisions of these Rules and Regulations or whose indebtedness to the District for water used or damage to hydrants or equipment is delinquent. All such persons having permit for use of water from the fire hydrants shall use hydrant wrenches for the operation of such fire hydrants. All water used through a fire hydrant shall have its flow regulated by a control valve placed on the hydrant nozzle with the measuring device, both provided by the District after the deposit is made in compliance with Section 3.7 of these Rules and Regulations. The main valve of the hydrant shall be used only to turn the service on and off at the beginning and end of service from the hydrant excepting that the main valve shall be used to turn the fire hydrant off at the end of each work day and the control valve and meter shall be removed so as to leave the fire hydrant ready for use by the Fire Department during the night. Said main valve shall be either completely open or closed at all times. 5.12 FIRE HYDRANTS, CANCELLATION OF PERMIT: Permit for the use of water through the fire hydrants of the District may be canceled at the will of the District on evidence that the holder thereof is or has violated the privileges conveyed thereunder. Such notice of cancellation shall be in writing delivered or mailed to the persons to be notified and shall be immediately effective and enforced. 5.13 OBSTRUCTING FIRE HYDRANTS: No person shall obstruct the access to any fire hydrant by placing around or thereon any stone, brick, lumber, dirt or other material or willfully or carelessly injure the same, or open or operate any fire hydrant, or draw or attempt to draw water therefrom except as provided in Sections 5.10 and 5.11. SECTION 6.0: BACKFLOW PREVENTION PROGRAM 6.1 PURPOSE: The purpose of these rules is (1) to protect the public water supply against 17 Water Rules and Regulations February 2012 actual or potential cross connection by isolating within the premise contamination that may occur because of some undiscovered or unauthorized cross-connection on the premises; (2) to eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption; (3) to eliminate cross-connections between drinking water systems and sources of contamination; (4) to prevent the making of cross-connections in the future. These rules comply with the State of California Administrative Code, Title 1 7, (Commencing with Section 7583) - Public Health entitled "Regulations Relating to Cross-Connections". It is unlawful for any person, firm, or corporation at any time to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever, any cross-connection between plumbing pipes or water fixtures being served with water by the District and any other source of water supply or to maintain any sanitary fixture or other appurtenances or fixtures; which by reason of their construction may cause or allow backflow of water or other substances into the water supply system of the District and/or the service of water pipes or fixtures of any consumer of the District. 6.2 CROSS-CONNECTION PROTECTION REQUIREMENTS: 6.2.1 GENERAL PROVISIONS: 6.2.1.1 Unprotected cross-connections with the District water supply are prohibited. 6.2.1.2 Whenever backflow protection has been found necessary, the District will require the water user to install an approved backflow prevention device by and at his/her expense for continued services or before a new service will be granted. 6.2.1.3 Whenever backflow protection has been found necessary on a water supply line entering a water user's premises, then any and all water supply lines from the District's mains entering such premises, buildings or structures shall be protected by an approved backflow prevention device. The type of device to be installed will be in accordance with the requirements of these rules. 6.2.2 WHERE PROTECTION IS REQUIRED: 6.2.2.1 Each service connection from the District water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system unless the auxiliary water supply is accepted as an additional source by the District, and is approved by the public health agency having jurisdiction. 18 Water Rules and Regulations February 2012 6.2.2.2 Each service connection from the District water system for supplying water to any premises on which any substance is handled in such fashion as may allow its entry into the water system shall be protected against backflow of the water from the premises into the public system. This shall include the handling of process waters and waters originating from the District water system, which have been subjected to deterioration in sanitary quality. 6.2.2.3 Backflow prevention devices shall be installed on the service connection to any premises having (a) internal cross-connections that cannot be permanently corrected and controlled to the satisfaction of the state or local health department and the District, or (b) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not cross-connections exist. 6.2.3 TYPE OF PROTECTION REQUIRED. The type of protection that shall be provided to prevent backflow into the approved water supply shall be commensurate with the degree of hazard that exists on the consumer's premises. The type of protective device that may be required (listing in an increasing level of protection) includes: Double Check Valve Assembly (DC), Reduced Pressure Principle Backflow Prevention Device (RP), and an Air-gap separation (AG). The water user may choose a higher level of protection than required by the District. The minimum type of backflow protection required to protect the approved water supply at the user's water connection to premises with varying degrees of hazard are given in Table 1. Situations which are not covered in Table 1 shall be evaluated on a case by case basis and the appropriate backflow protection shall be determined by the District or health agency. TABLE 1 TYPE OF BACKFLOW PROTECTION REQUIRED Min. Type of Backflow Degree of Hazard Prevention (A) SEWERAGE AND HAZARDOUS WASTES: (1) Premises where the public water system is used to supplement AG the reclaimed water supply. (2) Premises where there are wastewater pumping and/or AG treatment plants and there is no interconnection with the potable water system. This does not include a single family residence that has a sewage lift pump. A RP may be provided 19 Water Rules and Regulations February 2012 Min. Type of Backflow Degree of Hazard Prevention in lieu of an AG if approved by the health agency and the District. (3) Premises where reclaimed water is used and there is no AG interconnection with the potable water system. A RP may be provided in lieu of an AG if approved by the health agency and the District. (4) Premises where hazardous substances are handled in any AG manner in which the substances may enter a potable water system. This does not include a single family residence that has a sewage lift pump. A RP may be provided in lieu of an AG if approved by the health agency and the District. (5) Premises where there are irrigation systems into which RP fertilizers, herbicides, or pesticides are, or can be, injected. (B) AUXILIARY WATER SUPPLIES: (1) Premises where there is an unapproved auxiliary water supply AG which is interconnected with the public water system. A RP or DC may be provided in lieu of an AG if approved by the health agency and the District. (2) Premises where there is an unapproved auxiliary water supply RP and there are no interconnections with the public water system. A DC may be provided in lieu of a RP if approved by the health agency and District. (C) FIRE PROTECTION SYSTEMS: (1) Premises where the fire system is directly supplied from the DC public water system and there is an unapproved auxiliary water supply on or to the premises (not interconnected). (2) Premises where the fire system is supplied from the public AG water system and interconnected with an unapproved auxiliary water supply. A RP may be provided in lieu of an AG if approved by the health agency and District. (3) Premises where the fire system is supplied from the public DC water system and where either elevated storage tanks or fire pumps which take suction from the private reservoirs or tanks 20 Water Rules and Regulations February 2012 Min. Type of Backflow Degree of Hazard Prevention are used. (D) RESTRICTED PREMISES OR HISTORY OF CROSS CONNECTIONS (1) Premises where entry is restricted so that inspections for RP cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure that cross-connections do not exist. (2) Premises where there is a repeated history of cross- RP connections being established or reestablished. (E) MULTIPLE SERVICE CONNECTIONS (1) Two or more services supplying water from different street mains to the same building, structure, or premises through which an inter-street main flow may occur, shall have at least a standard check valve on each water service to be located adjacent to and on the property side of the respective meters. (2) Such check valve shall not be considered adequate if backflow protection is deemed necessary to protect the District's mains from pollution or contamination; in such cases the installation of approved backflow devices at such service connections shall be required. 6.3 BACKFLOW PREVENTION DEVICES 6.3.1 APPROVED BACKFLOW PREVENTION DEVICES: Only backflow prevention devices which have been approved by the District shall be acceptable for installation by a water user connected to the District's potable water system. The District will provide, upon request, a list of approved backflow prevention devices. 6.3.2 BACKFLOW PREVENTION DEVICE INSTALLATION: Backflow prevention devices shall be installed in a manner prescribed in Section 7602 and 7603, Title 17 of the California Administrative Code. Location of the devices should be as close as practical to the user's connection. The District shall have the final authority in determining the required location of a backflow prevention device. All Backflow Prevention Device installations shall be in accordance with the Yorba Linda Water District Standard Specifications For Construction of Water Mains, latest edition. 21 Water Rules and Regulations February 2012 6.3.3 BACKFLOW PREVENTION DEVICE TESTING AND MAINTENANCE: 6.3.3.1 The owners of any premises on which, or on account of which, backflow prevention devices are installed, shall have the devices tested by a person who has demonstrated their competency in testing of these devices to the District. Backflow prevention devices must be tested at least annually and immediately after installation, relocation or repair. The District may require a more frequent testing schedule if it is determined to be necessary. No device shall be placed back in service unless it is functioning as required. A report in a form acceptable to the District shall be filed with the District each time a device is tested, relocated, or repaired. These devices shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of testing, repair, and maintenance shall be borne by the water user. 6.3.3.2 The District will supply affected water users with a list of persons acceptable to the District to test backflow prevention devices. The District will notify affected customers by mail when annual testing of a device is needed and also supply users with the necessary forms which must be filled out each time a device is tested or repaired. 6.3.4 BACKFLOW PREVENTION DEVICE REMOVAL: Approval must be obtained from the District before a backflow prevention device is removed, relocated, or replaced. 6.3.4.1 REMOVAL: The use of a device may be discontinued and the device removed from service upon presentation of sufficient evidence to the District to verify that a hazard no longer exists or is not likely to be created in the future; 6.3.4.2 RELOCATION: A device may be relocated following confirmation by the District that the relocation will continue to provide the required protection and satisfy installation requirements. A retest will be required following the relocation of the device; 6.3.4.3 REPAIR: A device may be removed for repair, provided the water use is either discontinued until repair is completed and the device is returned to service, or the service connection is equipped with other backflow protection approved by the District. A retest will be required following the repair of the device; and 6.3.5 REPLACEMENT: A device may be removed and replaced provided the water use is discontinued until the replacement device is installed. All replacement devices must be approved by the District and must be commensurate with the degree of hazard involved. 22 Water Rules and Regulations February 2012 6.4 USER SUPERVISOR: At each premises where it is necessary, in the opinion of the District, a user supervisor shall be designated by and at the expense of the water user. This user supervisor shall be responsible for the monitoring of the backflow prevention devices and for avoidance of cross connections. In the event of contamination or pollution of the drinking water system due to a cross-connection on the premises, the District shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The water user shall inform the District of the user supervisor's identity on, as a minimum, an annual basis and whenever a change occurs. 65 ADMINISTRATIVE PROCEDURES 6.5.1 WATER SYSTEM SURVEY: 6.5.1.1 The District shall review all requests for new services to determine if backflow protection is needed. Plans and specifications must be submitted to the District upon request for review of possible cross- connection hazards as a condition of service for new service connections. If it is determined that a backflow prevention device is necessary to protect the public water system, the required device must be installed before service will be granted. 6.5.1.2 On-premise inspection to evaluate cross-connection hazards is a requirement under Title-17 Public Health, California Administrative Code, regulations relating to cross connections, Section 7584 (b), (c) and (d). The District will transmit a written notice requesting an inspection appointment to each affected water user. Any customer which cannot or will not allow an on-premise inspection of their piping system shall be required to install the backflow prevention device the District considers necessary. 6.5.1.3 The District may, at its discretion, require a re-inspection for cross- connection hazards of any premise to which it serves water. The District will transmit a written notice requesting an inspection appointment to each affected water user. Any customer which cannot or will not allow an on-premise inspection of their piping system shall be required to install the backflow prevention device the District considers necessary. 6.5.2 CUSTOMER NOTIFICATION DEVICE INSTALLATION: 6.5.2.1 The District will notify the water user of the survey findings, listing corrective action to be taken if required. A period of 60 days will be given to complete all corrective action required including installation of backflow prevention devices. 23 Water Rules and Regulations February 2012 6.5.2.2 A second notice will be sent to each water user which does not take the required corrective action prescribed in the first notice within the 60 days period allowed. The second notice will give the water user a two week period to take the required corrective action. If no action is taken within the two week period the District may terminate water service to the affected water user until the required corrective actions are taken. 6.5.3 CUSTOMER NOTIFICATION TESTING AND MAINTENANCE: 6.5.3.1 The District will notify each affected water user when it is time for the backflow prevention device installed on their service connection to be tested. This written notice shall give the water user 30 day to have the device tested and supply the water user with the necessary form to be completed and resubmitted to the District. 6.5.3.2 A second notice shall be sent to each water user which does not have his/her backflow prevention device tested as prescribed in the first notice within the 30 day period allowed. The second notice will give the water user a two week period to have his/her backflow prevention device tested. If no action is taken within the two week period the District may terminate water service to the affected water user until the subject device is tested. 6.5.4 BACKFLOW DEVICE MONITORING FEE: For each service connection where a backflow device is required pursuant to these Rules and Regulations, a Backflow Device Monitoring Fee shall be imposed annually to notify the water user that it is time for the device to be tested. The fee shall be levied pursuant to the Water Development Fees Resolution, and shall be included annually on the user's water bill. 6.6 WATER SERVICE TERMINATION: 6.6.1 GENERAL: When the District encounters water uses that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the District shall institute the procedure for discontinuing the District water service. 6.6.2 BASIS OF TERMINATION: Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following items: 6.6.2.1 Refusal to install a required backflow prevention device, 6.6.2.2 Refusal to test a backflow prevention device, 6.6.2.3 Refusal to repair a faulty backflow prevention device, 24 Water Rules and Regulations February 2012 6.6.2.4 Refusal to replace a faulty backflow prevention device, 6.6.2.5 Direct or indirect connection between the public water system and a sewer line, 6.6 2.6 Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants, 6.6.2.7 Unprotected direct or indirect connection between the public water system and an auxiliary water system, 6.6.2.8 A situation which presents an immediate health hazard to the public water system. 6.6.3 WATER SERVICE TERMINATION PROCEDURES: 6.6.3.1 If one or more of the conditions defined in 6.6.2.1 to 6.6.2.4 are found the District will terminate service to a customer's premise after two written notices have been sent specifying the corrective action needed and the time period in which it must be done. If no action is taken within the allowed time period water service may be terminated. 6.6.3.2 If one or more of the conditions defined in 6.6.2.5 to 6.6.2.8 are found the District will take the following steps: 6.6.3.2.1 Make reasonable effort to advise the water user of intent to terminate water service; 6.6.3.2.2 Terminate water supply and lock service valve. The water service will remain inactive until correction of violations has been approved by the District. SECTION 7: POLICY ON WATER MAIN AND SERVICE EXTENSIONS 7.1 APPLICATION: Anyone who, as owner or sub-divider of a single lot, subdivision or tract of land, desires the extension of water mains and/or connection of water service to such lot, subdivision or tract of land, shall file a written application with the District. All applicants for water service shall also comply with the Rules and Regulations of the Yorba Linda Water District with regard to the rendition of Sewer Service. 7.2 FEES, CHARGES AND EASEMENTS: Prior to the General Manager signing the Improvement Plans or approving an application for water service, the applicant shall dedicate all easements deemed necessary by the District and pay to the District all fees in the amount set forth in Section 3 herein. 25 Water Rules and Regulations February 2012 7.3 INSTALLATION: If, as and when applicant has complied with all requirements of the District and such other provisions of the subdivision ordinance or ordinances dealing with public improvements as may be applicable, the applicant shall have installed, in accordance with the Rules and Regulations, and Standard Plans and Specifications of the District, such mains and services which are required to provide service to the property described in the application. Applicant shall indemnify and hold the District its Directors, officers and employees harmless from any loss or damage that may be directly occasioned by the installation of the water facilities. All main extensions shall be installed across the entire frontage of the parcel of land to be served. 7.3.1 COSTS: The cost of said installation shall be paid by the applicant, and shall include the cost of engineering, construction, land acquisition and legal services paid by applicant in connection with said installation. The applicant shall report such cost of said installation to the District in a form approved by the District, and all items such cost of installation thus reported shall be supported by invoices or statements verified to the satisfaction of the District. 7.3.2 TITLE: Upon completion and acceptance of facilities the applicant shall transfer title of said water facilities to the District where they will become and remain the property of the District. 7.4 LOCATION, SIZE AND TYPE OF WATER MAIN AND SERVICE FACILITIES: The District shall use the latest adopted Master Plan to determine the size, type and location for all water mains in streets, alleys, and easements. The type and make of valves, fire hydrants, fittings, consumer services and all other appurtenances deemed necessary for supplying water to the property served shall conform to District Standard Plans and Specifications. 7.5 NUMBER OF APPLICANTS. An individual may file an application or two or more persons may join in an application for the extension of water mains. 7.6 APPROVAL OF WATER MAIN AND SERVICE EXTENSIONS: Each application for water main and service extension shall be given a job number, and shall require terms and conditions approved by the District's Board of Directors and Plans and Specifications approved by the General Manager. A sketch showing the extent of the facilities necessary for water service shall be prepared and the application shall identify the number of service connections and fees required for service. 7.7 APPROVAL TO CONSTRUCT WATER FACILITIES: When said applicant has complied with all requirements of the District, including payment of all fees required in Section 3 and the posting of a Guarantee Bond, and such other provisions of the subdivision ordinance or ordinances dealing with public improvements as may be applicable, the District shall approve construction of the water facilities. 26 Water Rules and Regulations February 2012 7.8 CONDITION AS PREREQUISITE TO INSTALLATION OF MAINS: Water mains and fire hydrants shall not be installed until after the curbs and gutters have been constructed, excepting that an initial hydrant may be set upon the approval of the General Manager to provide construction water in compliance with Section 3.7 of these Rules and Regulations. Under no conditions will the applicant install water mains and fire hydrants unless streets are well defined by lot stakes, curb stakes, or visible center line stakes properly set at the land owner's expense. If after any water facility has been installed and it has to be adjusted, raised, lowered or relocated because of incorrect information as to grade of curbs, property lines, etc., all expense incurred by making the changes shall be borne by the applicant. 7.9 WATER RIGHTS DEEDED: Whenever land is to be subdivided or annexed to the District and served by District facilities any water right which may be appurtenant thereto shall be deeded to the District in consideration of the District's approving any application for District water to be placed on such tract or subdivision. Said deed to the District shall be executed before any such application shall be approved by the District. 7.10 METHOD OF REFUND FROM MAIN INSTALLED BEFORE AUGUST 11, 1988: Service Fees paid to the District in accordance with Sections 3.2.1 of these Rules and Regulations will be returned without interest, as set forth below: 7.10.1 AMOUNT OF REFUND: No refunds will be made in excess of the amount advanced by the applicants. 7.10.2 REFUND PERIOD: Any money not refundable as provided in this rule at the end of ten years from the date of the contract will remain the property of the District. 7.10.3 REFUNDS TO JOINT DEPOSITORS: When two or more parties make a joint deposit on the same extension, such refunds as may accrue under the provisions of this section, will be distributed in the same proportion as provided in the application for service. If otherwise so provided such refunds will be distributed in accordance with such provisions. 7.10.4 COMPUTATION OF AMOUNT OF REFUND: The refundable portion of the Service Fee as calculated in accordance with Section 3.2.1 of these Rules and Regulations and received from the parties who have connected within a period of ten years following the date of contract to which possible refund for such consumer is applicable shall be refunded only to the party or parties who made the original deposit. 7.10.5 PRORATION OF REFUNDS: In the event a consumer is connected to sections of main which were installed under separate contracts in accordance with Section 3.1 of these Rules and Regulations will be distributed in the same proportion as the applicable footage of each contract bears to the total footage serving the properly. 27 Water Rules and Regulations February 2012 7.11 METHOD OF REFUND FROM MAIN INSTALLED AFTER AUGUST 11, 1988: Service Fees paid to the District in accordance with Sections 3.2.2 of these Rules and Regulations will be returned without interest, as set forth below: 7.11.1 AMOUNT OF REFUND: No refunds will be made in excess of the final cost of installation by original applicant and as reported in accordance with Section 7.3.1 herein. 7.11.2 REFUND PERIOD: Any money not refundable as provided in this rule at the end of thirty years from the date of the contract will remain the property of the District. 7.11.3 ENTITLEMENT TO REFUNDS: All sums collected with respect to Service Fees from mains installed after August 11, 1988 shall be paid only to the first applicant who was required to construct the main extension until such time as all such refunds to which the applicant is entitled hereunder have been paid. SECTION 8: PROTECTION FROM DAMAGE 8.1 No unauthorized person shall maliciously, willfully, or negligently remove, change, disturb, break, damage, destroy, uncover, deface, or in any way tamper, or interfere with any facility, apparatus, appliance, property, structure, appurtenance, or equipment which is used or maintained as a part of the water works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. SECTION 9: POWERS AND AUTHORITY OF INSPECTORS 9.1 The General Manager and other duly authorized employees of the District, bearing proper credentials and identification, shall be permitted to enter all premises for the purposes of inspection, observations, measurement, sampling and testing in accordance with the provisions of these Rules and Regulations. 9.2 While performing the necessary' work on private properties referred to in Section 9. 1, the General Manager or duly authorized employees of the District shall observe all safety rules applicable to the premises established by the customer and the customer shall be held harmless for injury or death to the District employees and the District shall, indemnify the customer against loss or damage to his property by District employees and against liability claims and demands for personal injury or property damage asserted against the customer and growing out of the inspection, observations, measurement, sampling and testing operations, except as such that may be caused by negligence or failure of the customer to maintain safe conditions as required by law. 9.3 The General Manager and other duly authorized employees of the District, bearing proper credentials and identification, shall be permitted to enter all private properties through which the District holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling repair and maintenance of any 28 Water Rules and Regulations February 2012 portion of the sewerage works lying within said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. 9.4 An official identification card shall be carried by or worn by all employees who, in the line of duty, may be required to enter upon private premises. 9.5 Any person who as owner or occupant of any premises refuses admittance to, or hinders, or prevents inspection by an authorized employee of the District, may, after service of 24 hour notice of intention, have all service terminated. Service of notice shall be deemed to have been made by deposit in the U.S. Mail of a registered or certified prepaid notice addressed to the customer, owner or occupant as shown by the records of the District. SECTION 10: VIOLATIONS 10.1 Any person found to be violating any provision of these Rules and Regulations shall be served by the District with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. 10.2 Any person who shall continue any violation beyond the time limit provided for shall have his water service subject to discontinuance. Reinstatement of water service shall be made only on correction of the violation. 10.3 Any person violating any of the provisions of these Rules shall become liable to the District for any expense, loss, or damage occasioned by the District by reason of such violation. SECTION 11: VALIDITY 11.1 The invalidity of any section, sentence, clause or provision of these rules shall not affect the validity of any other part of these rules which can be given effect without such invalid part. 11.2 When the application of these rules appears impracticable or unjust, the applicant, customer or the General Manager may refer the matter to the Board of Directors for a special decision or ruling. 29 ITEM NO. 3.2 AGENDA REPORT Meeting Date: December 20, 2011 Subject: General Counsel's Monthly Summary Billing Report ATTACHMENTS: Name: Dosciiption: a ype: Kidman Summary - Nov 2011.pdf General Counsel's Monthly Summary Report Backup Material YO RBA LINDA WATER DISTRICT CURRENT FISCAL YEAR 2011-2012 MONTHLY SUMMARY BILLING CHART Matter Matter Current Billing Total Billed to Date Total Billed 2010-2011 Number Name November 23, 2011 Current Fiscal Year Prior Fiscal Year 001 RETAINER AGREEMENT $4,279.33 $16,339.73 $25,561.72 002 CONSTRUCTION CONTRACTS $3,057.50 $4,182.50 1. Pascal Fairmount Reservoir $220.00 2. YL Boulevard Pipeline $2,645.00 3. Form Contract $192.50 084 NON-CONSTRUCTION AGREEMENTS $160.00 $14,100.54 $13,634.41 1. Donut DesignslWebsite Redesign $160.00 040 OCWD ANNEXATION $0.00 $2,642.50 068 FREEWAY COMPLEX FIRE LITIGATION $30,115.95 $115,189.71 $95,686.62 100 CITY SEWER SYSTEM $3,306.47 $15,610.92 $43,549.86 101 OCTA LAKEVIEW $1,982.50 $5,400.00 $22,857.53 102 EMPLOYEE DISCIPLINE $0.00 $2,702.50 $12,428.84 104 ELK MOUNTAIN $570.00 $7,559.66 105 COVERAGE 2011 $9,823.50 $9,823.50 1, Roger Simpson $7,870.50 $7,870.50 TOTAL $61,165.75 $201,422.06 $218,718,98 ITEM NO. 3.3 AGENDA REPORT Meeting Date: December 20, 2011 Subject: Status of Strategic Plan Initiatives ATTACHMENTS: Name: cv, i~a$icri: a ype: Strategic Plan Tracking- EAO.xlsx Revised Spreadsheet Backup Material Strategic Plan Initiatives Status Report Executive-Administrative-Organizational Committee Strategies Start Date Completion Lead Party Dec 2011 Progress Date CP 1: Increase Brand Recognition within the Community Have Board of Attendance at Directors and YLWD CRWUA Annual Staff Attend More Immediately BOD/GM/PIO/ Conference, MWDOC CP 1-C Local and Regional following Nov- On-going Staff Colorado River Events and Inter- 2010 election Inspection Trip, ACWA/JPIA & ACWA governmental Meetings Conference CP 2: Increase Public Awareness of Water and Wastewater Related Issues (1) Customer Provide Financial received a rebate for Incentives and Rebates Jul 60 Rotating Nozzles. CP 2-A for Water Use - 11 On-going BOD/GM/PIO MWDOC Turf Removal Efficiency Program & Synthetic Turf Program tabled. Consider Participation Reviewing in the California Requirements for CP 2-C Urban Water Sep-11 Dec-11 GM Participation. Conservation Council's Tentative report to Best Management Committee in Practices Jan f'eb. 2012 Enhance the District's Regional Water and CP 2-D On-going On-going BOD/GM/Staff On-going Wastewater Industry Participation WE 1: Retain a Highly Skilled and Capable Workforce Se o.al Hams ent Training Classes held at YLWD. Attended Encourage Staff Groundwater Participation in Producers Meeting, WE 1-F Professional On-going On-going General Manager Public Affairs Meeting Organizations and & Water Use Efficiency Local Civic Groups Meeting. Attended quarterly OC Water Operations Managers Association meeting. WE 3: Enhance Employee Relations Implement a Program Employee of the WE 3-A to Recognize Jul-11 Sep-11 EPIC Committee Month criteria in Employees for discussion & Quotes Excellence for Plaques received. Conduct Quarterly All- Veld All Hands WE 3-13 Jul-11 Quarterly General Manager Meeting December Hands Meetings 15, 2011 Continue to Encourage Employee Training in WE 3-C On-going On-going General Manager On-going Leadership and Technology SR 2: Explore Service Boundary O ortunities Evaluate Feasibility of Providing Additional SR 2-A Jul-11 Jun-12 General Manager On-going Water Services with the Region Evaluate Feasibility of Providing Additional SR 2-B Jul-11 Jun-12 General Manager On-going Wastewater Services with the Region Evaluate Feasibility of SR 2-C Providing Other Jul-11 Jun-12 General Manager On-going Professional Services with the Region SR 1: Work Toward Service Reliability and Efficiency Continue with Efforts to Annex District SR 1-A On-going On-going General Manager On-going Service Area to Orange County Water District Engage with Regional Attended MWDOC SR 1-C Agencies on Water On-going On-going General Manager Water Use Supply Issues Efficiency/ Public Affairs Joint Meeting. Update of Emergency Strengthen Existing Emergency Response Plan in SR 1-D Emergency Operations On-going On-going Operations process& will be Partnerships Coordinator/ GM presented to other participating agencies for feedback FR 3: Identify and Develop Additional Revenue O tions Research and Obtain On-going assessment FR 3-A Grant Funding On-going On-going General Manager through Townsend Whenever Feasible Public Affairs OE 2: Address Inefficiencies Identified in the Self-Assessment Survey Identify Core Discussion Item for OE 2-A Jul-11 Jun-12 EPIC Committee Inefficiencies Jan. 2 0,12 meeting. OE 2-13 Develop Measurable Aug-11 Jun-12 EPIC Committee Discussion Item for Productivity Goals Jan. 2012 meeting. Engage Employees in OE 2-C Methods of Addressing Sep-11 Jun-12 EPIC Committee Discussion Item for Jan. 01meeting. Inefficiencies OE 3: Consider Utilization of a Peer Review Survey Determine the Cost Management Working with EPIC OE 3-A Benefit Ratio of a Peer Jul-11 Sep-11 Analyst Committee. Expect to Review Survey complete in Jar 2012 Establish a Team to Discussion Item for OE 3-13 Determine the Focus Sep-11 Oct-11 EPIC Committee Jan. 2012 meeting. of the Survey Institute Guidelines On schedule to be OE 3-C for Areas to Be Sep-11 Dec-11 EPIC Committee completed in February Addressed 2012