Loading...
HomeMy WebLinkAbout2021-10-13 - Resolution No. 2021-39RESOLUTION NO. 2021-39 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING THE RULES AND REGULATIONS FOR WATER SERVICE AND RESCINDING RESOLUTION NOS. 06-04 AND 16-15 WHEREAS, the Board of Directors have, from time to time, amended the Rules and Regulations for water service, most recently of which was by Resolution No. 16-15. WHEREAS, the Board of Directors previously adopted Resolution No. 06-04 establishing policies and procedures for the provision of water service to developments that include housing units affordable to lower income households. WHEREAS, it is the desire of the Board of Directors to amend these Rules and Regulations to reflect current practice and incorporate previously adopted policies and procedures into one comprehensive document. 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 Water Service, attached as Exhibit A and by this reference incorporated herein, are hereby adopted. SECTION 2. That Resolution Nos. 06-04 and 16-15 are hereby rescinded immediately upon adoption of this Resolution. PASSED AND ADOPTED this 13th day of October 2021 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: �� Resolution No. 2021-39 Adopting the Rules and Regulations for Water Service Directors DesRoches, Hawkins, Jones, Lindsey and Miller None None None RULES AND REGULATIONS FOR WATER SERVICE Revised October 13, 2021 YLWD Rules and Regulations for Water Service 2021 2 TABLE OF CONTENTS DEFINITION OF KEY TERMS .............................................................................. 3 SECTION 2. SERVICE CONNECTIONS ................................................................................... 6 SECTION 3. FEES AND CHARGES FOR NEW SERVICE CONNECTIONS ............................ 7 SECTION 4. BILLING PROCEDURES .....................................................................................10 SECTION 5. FINAL BILL, CHANGE OF ADDRESS AND METER FAILURE ..........................16 SECTION 6. WATER USAGE REGULATED ...........................................................................17 SECTION 7. MAINS, METERS AND FIRE HYDRANTS ...........................................................17 SECTION 8. BACKFLOW PREVENTION PROGRAM .............................................................20 SECTION 9. POLICY ON WATER MAIN AND SERVICE EXTENSIONS .................................28 SECTION 10. PROTECTION FROM DAMAGE ........................................................................30 SECTION 11. POWERS AND AUTHORITY OF INSPECTORS ...............................................30 SECTION 12. VIOLATIONS .....................................................................................................31 SECTION 13. VALIDITY ...........................................................................................................31 YLWD Rules and Regulations for Water Service 2021 3 DEFINITION OF KEY TERMS Unless otherwise specifically defined herein and the context requires a different meaning, all words, terms, and phrases shall be construed according to their ordinary meaning. Unless the context specifically indicates otherwise, the meaning of terms used in these Rules and Regulations shall be as follows: 1.1 ACCESSORY DWELLING UNIT (ADU): A dwelling unit located on the same lot as a primary single-family dwelling unit, either attached or detached from the primary residential dwelling unit, and which provides living facilities for one or more persons. An ADU shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel on which a primary single-family dwelling is situated or is proposed to be situated. 1.2 ADVANCED METERING INFRASTRUCTURE (AMI): An integrated system of “smart” water meters, other infrastructure, communications networks, and data management systems that enable transmission of information between the customer meter connection and the District’s office. 1.3 BILLING DATE: The date upon which a bill or notice is mailed or electronically delivered to the Customer. 1.4 BOARD OF DIRECTORS or BOARD: The Board of Directors of the Yorba Linda Water District. 1.5 CAPACITY FEE: A fee imposed by the District for: (a) public water facilities in existence at the time the fee is imposed; or (b) new public water facilities to be acquired or constructed in the future that are of proportional benefit to the person or property being charged. This includes supply or capacity contracts for right or entitlements, real property interests, and entitlements and other rights of the District involving capital expense relating to its use of existing public facilities as set forth in California Government Code Section 66013(b)(5). This is commonly referred to as the Customer’s “buy-in” to the public water system. 1.6 CONNECTION FEE: The fee imposed by the District to obtain water service from the District. This fee may include, depending on the type of connection, Single Service Fee, a Capacity Fee, or such other fees as set forth herein depending on the type of service. 1.7 CUSTOMER OR CONSUMER: A person/business/institution or other receiving water service from the District. 1.8 DISTRICT: The Yorba Linda Water District. 1.9 DOMESTIC WATER: Water for household residential purposes (drinking, bathing, cleaning and the like), including water for outdoor use such as irrigating landscaping, providing drinking water for animals, washing vehicles, filling pools, and other similar and customary purposes. YLWD Rules and Regulations for Water Service 2021 4 1.10 EASEMENT: A property right for the District to use and/or enter onto the real property of another to install, construct, reconstruct, remove, inspect, operate, maintain, repair, replace, improve, or relocate a pipeline or pipelines, or other District improvements. 1.11 EMPLOYEE: Any person employed by the District and designated by the General Manager of the District to perform work and labor for the District, excluding contractors, consultants, and their employees. 1.12 FEE SCHEDULE: The most recently adopted Resolution of the Board of Directors Establishing Water Development and Customer Service Fees (or similar). 1.13 FIRE HYDRANT(S): Connections to the District’s water system through a device, usually at street level, for the primary purpose of fire suppression and the occasional purpose of temporary construction as set forth herein. 1.14 GENERAL MANAGER: The person (or their designee / authorized representative) hired or appointed by the Board of Directors of the District as the executive officer of the District. 1.15 MAINS : Distribution pipelines located in streets, highways, District Easements, and/or public ways or private rights-of-ways, which are used to serve the general public. 1.16 METER: Water use measuring device approved and installed by, or at the direction of, the District. 1.17 MWDSC: Metropolitan Water District of Southern California. 1.18 MWDOC: Municipal Water District of Orange County. 1.19 OCWD: Orange County Water District. 1.20 OFFSITE FACILITIES: Facilities including but not limited to water Mains, wells, reservoirs, booster pump stations, Fire Hydrants, vaults, valves, connections, supply interties, treatment facilities, and other appurtenances and property up to the Meter or point of connection with the Customer’s facilities. Offsite Facilities are owned and maintained by the District. 1.21 ONSITE FACILITIES: Facilities including but not limited to residential, commercial, and industrial building water systems. For water service, the Onsite Facilities shall be those downstream of the Service Connection, which shall normally be the downstream end of the Meter. For fire service, the Onsite Facilities shall be immediately downstream from the isolation valve connected to the existing water Main. Onsite Facilities are owned and maintained by the Customer. 1.22 PERSON: An individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution. 1.23 PLANS: Design sheets with a plan and profile of proposed water system construction shown in sufficient detail so that it can be constructed after District approval. YLWD Rules and Regulations for Water Service 2021 5 1.24 PREMISE: Any and all areas on a Customer’s property which is served, or has the potential to be served, by the public water system. 1.25 QUITCLAIM: A release by the grantor, or conveyor of the deed (typically the District), of any interest the grantor may have in the property described in the deed. 1.26 RAW WATER (PERMANENT UNTREATED WATER SERVICE): Non-potable untreated water, used exclusively for outdoor commercial/landscaping uses such as golf course irrigation, outdoor commercial/industrial uses, or construction grading. Raw Water may be supplied by the District from its groundwater production facilities or purchased from MWDSC through the District. 1.27 SECTIONS: The parts into which these rules are divided. 1.28 SERVICE CONNECTION: This includes the tapping connection, the pipe, valves, Meter, and other facilities by means of which water is conveyed from the distribution main to the outlet side of the Meter and the beginning of the Consumer’s pipe. 1.29 SHALL/MAY: “shall” is mandatory, “may” is permissive. 1.30 SPECIFICATIONS: The Standard Plans and Specifications for the Construction of Water Facilities in the District. 1.31 TEMPORARY CONSTRUCTION METERS: Measuring devices with proper Backflow prevention devices attached, which are installed on Fire Hydrants by the District to provide temporary water service for construction or related purposes during a period of actual construction under an active building permit issued by a city or the County of Orange. 1.32 TEMPORARY SERVICE: Water service provided by the District for a finite period of time; not permanent. 1.33 TERMS AND CONDITIONS: A document produced by the District setting forth the terms and conditions for the provision of water service to new developments or modifications to existing developments. 1.34 TRAFFIC RATED METER BOX: A meter box that will withstand traffic load forces of 16,000 lbs. per wheel, as defined by the American Association of State Highway and Transportation Officials. 1.35 TRANSMISSION MAIN: A water pipe, typically large in diameter, that delivers water to an Offsite Facility or between facilities and pressure zones. 1.36 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. YLWD Rules and Regulations for Water Service 2021 6 SECTION 2. SERVICE CONNECTIONS 2.1 APPLICATION FOR SINGLE SERVICE CONNECTION: An application for a single Service Connection shall be made at the District office. The applicant shall specify the property to be served and the purpose for which the water is to be used. Upon review and approval of the application, the District reserves the right to determine the final connection and Meter size (minimum 1-inch meter and service line). The applicant shall be charged for the installation and material costs pertaining to the service connection in accordance with the latest adopted Fee Schedule. The information supplied by the applicant in such application shall be considered as authoritative and final. If any error in such application, from information provided by the applicant, causes the installation of a Service Connection that is improper in size or location, the cost of all changes required shall be borne by the applicant. Billing for water service shall commence once the Service Connection is installed and approved for use. 2.2 FIRE PROTECTION SERVICE LINES: These lines are water service lines dedicated to onsite fire suppression systems. Application, Terms and Conditions, and a ‘water development deposit’ are required to establish a Fire Protection Service Line. 2.3 SEWER SERVICE: The connection of a private sewer line (lateral) into the District’s sanitary sewer system. Water service may not be established or maintained, subject to state law, unless compliance with the District’s Rules and Regulations District for Sewer Service is demonstrated. 2.4 SERVICES TO SEPARATE PARCELS: Each house or building on separate parcels must be provided with its own Service Connection(s). A separate Service Connection must be installed for each building, subject to California law governing water service to ADUs. 2.5 NUMBER OF BUILDINGS ON SINGLE SERVICE: The District reserves the right to limit the number of houses, buildings, area of land, and living or business quarters, to be supplied by one (1) Service Connection, subject to California law regarding ADUs. 2.6 SERVICE OWNERSHIP WHEN PROPERTY IS SUBDIVIDED: When property provided with a single Service Connection is subdivided, the Service Connection shall be considered as belonging to: (a) the lot or parcel of land which it directly enters; or (b) the property which is first served in the event the Customer’s pipe crosses other property to reach the property to be served. The District shall require new developments, or structures, within the subdivided lots, requiring potable water service, to install a separate Service Connection(s) at the property owner’s expense. 2.7 SERVICE CONNECTION SUPPLYING DIFFERENT/ADJOINING PROPERTY: A Service Connection shall not at any time be used to supply water to a different or adjoining property. 2.8 INTERFERING WITH WATER FACILITIES: No Person shall, without the permission of the District, 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, distribution or supply of water by the District to Consumers. Nor shall any Person without the permission of the District install any pipe, apparatus, appliance or connection to any part of the District’s system. Tampering with Meters and other water YLWD Rules and Regulations for Water Service 2021 7 service facilities is a criminal offense and may be subject to all civil penalties, costs of remediation, and such other fees and costs that may apply in accordance with the latest adopted Fee Schedule. 2.9 NEW DEVELOPMENT - SINGLE WATER SERVICE CONNECTION OR “TERMS AND CONDITIONS”: Developments with one (1) lot shall apply for a Single Water Connection Application and Permit, with a Service Connection to that lot and a separate Service Connection to each additional (more than one (1)) habitable dwelling unit thereon including ADUs to the extent permitted by California law. Developments with two (2) or more lots shall apply for Terms and Conditions, with a separate Service Connection to each lot and to each additional dwelling unit per lot (more than one (1)) including ADUs to the extent permitted by California law. Capacity Fees shall be calculated for each dwelling unit individually to the extent permitted by California law. 2.10 COMPLIANCE WITH HOUSING ELEMENT REQUIREMENTS: In accordance with California Government Code Section 65589.7(b), the District shall adopt written policies and procedures for provision of water and sewer service, which shall include granting priority for the provision of water and sewer service to proposed developments that include affordable housing. [California Government Code Section 65589.7(a).] SECTION 3. FEES AND CHARGES FOR NEW SERVICE CONNECTIONS Pursuant to the Fee Schedule, the District shall collect the following fees at the time of application: 3.1 METER CONNECTION FEE: Each applicant for a new Service Connection shall pay the District the applicable Meter Connection Fees pursuant to the latest adopted Fee Schedule. 3.1.1 METERS UP TO 2 INCHES: The minimum meter size for new water Service Connections is one (1) inch. A Traffic Rated Meter Box and lid shall be required for Meter placements where, in the District’s sole opinion, the box and lid will be subjected to vehicle traffic, e.g. in driveways or parking lots. The extra cost, if any, for a Traffic Rated Meter Box, lid, and if also required, a downstream shutoff valve shall be paid by the Customer. The District requires the installation of AMI Meters. The fee for AMI Meters shall be as identified in the latest Fee Schedule. 3.1.2 METERS LARGER THAN 2 INCHES: Meters larger than two (2) inches shall be installed for a sum equal to the actual cost of labor, including employer paid benefits (“fully burdened”), and materials to install such meter and appurtenances. The District shall estimate the cost of such installation and the applicant shall pay such estimated cost to the District before the Meter is installed. Should payment of the estimated cost be insufficient to cover the total expense for installation of the Meter, the remaining balance shall be paid by the applicant prior to the Service Connection being approved for use. If the estimated cost exceeds the cost of installation of the Meter, any excess payment shall be returned to the applicant within 60 days. A Traffic Rated Meter Box and lid shall be required for Meter placements where, in the District’s sole opinion, the box will be subjected to vehicle traffic, e.g. in driveways or parking lots. The extra charge for a Traffic Rated Meter Box, lid, and, if also required, a downstream shutoff valve shall be paid by the Customer. YLWD Rules and Regulations for Water Service 2021 8 3.1.3 The District requires the installation of AMI Meters. The fee for AMI Meters shall be stated in the latest Fee Schedule. 3.2 TEMPORARY CONSTRUCTION METERS: When a Temporary Construction Meter is requested, and service can be provided by a standard Fire Hydrant type of construction Meter with an approved Backflow prevention device, the applicant shall deposit the amount of funds set forth in the latest adopted Fee Schedule. 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, appurtenances, and Backflow prevention device required for installation of a non-standard Fire Hydrant Temporary Construction Meter, the type and design of which is subject to District approval. A separate fee, pursuant to the latest adopted Fee Schedule, shall apply for movement or relocation of the Temporary Construction Meter to a new location. Construction Meters issued shall be used in conjunction with the attached and approved applicant provided portable Reduced Pressure Principle Backflow Prevention device (RP) in accordance with the latest adopted State of California Administrative Code, Title 17. The Temporary Construction Meter shall be secured, by District staff, with a District-provided chain and lock, at a location approved by District staff. Tampering with a Temporary Construction Meter shall result in the immediate removal of the Temporary Construction Meter by the District and the assessment of all applicable penalties for tampering with a water system device as set forth above and outlined in the Fee Schedule. 3.2.1 When use of the Temporary Construction Meter is completed, the applicant shall notify District staff to remove the Temporary Construction Meter from the Fire Hydrant. District staff shall then assess the condition of the construction Meter and the Fire Hydrant and the Customer shall be responsible for any rehabilitation costs of either the Meter of the Hydrant. If there is no damage to the construction Meter or the Hydrant, District shall prepare the final bill and net the initial deposit amount against the amount due. Should there be damage to the construction Meter, District staff shall notify and inform the applicant of: (a) the damage and the cost to repair or replace the Temporary Construction Meter; and (b) the amount of the applicant’s final bill. If the balance due exceeds the amount on deposit, the Customer must pay the difference. If the amount of deposit exceeds the balance due, then the deposit balance shall be refunded to the Customer. 3.2.2 Temporary Construction Meters are permitted only for a limited duration during a period of actual construction under an active building/construction permit or public works contract issued by a City or the County of Orange within the service boundaries of the District. Water received through a Temporary Construction Meter shall be used only within the service area boundaries of the District and may not be exported outside such boundaries for any purpose. Water received from a Temporary Construction Meter may only be used for purposes directly related to the active construction and may not be resold, redirected for another use, used for any permanent purpose that would ordinarily require a Service Connection, or used for any commercial purpose. Because a Temporary Construction Meter renders the Fire Hydrant unusable for fire suppression in many cases, the District shall limit the duration of use of a Temporary Construction Meter as much as possible. Requests by other public agencies and/or utilities providing service within the District service area shall be considered on a case-by-case basis and shall be limited to the shortest duration YLWD Rules and Regulations for Water Service 2021 9 possible not to exceed six (6) months. Temporary Construction Meters shall be tested by District at the time of installation. 3.3 ADDITIONAL SERVICE FEES: To the extent that any Additional Service Fees apply to a particular application, they shall be assessed in accordance with the Fee Schedule. 3.3.1 SINGLE SERVICE FEE: A Single Service Fee shall be imposed on a Service Connection, to a single lot where the water Main already exists. The Single Service Fee shall be pursuant to the latest adopted Fee Schedule. 3.3.2 CAPACITY FEE: A Capacity Fee shall be charged for all new Service Connections in accordance with the Fee Schedule. 3.4 INSTALLATION BY APPLICANT: The applicant shall be responsible for installation costs of all pipe, valves, fittings, Fire Hydrants, service lines and appurtenances required to obtain water service from the District. District staff shall install the Meter. Applicant shall indemnify and hold the District, its Directors, officers, District Consultants and Contractors, and employees harmless from any loss or damage that may arise from installation of the water facilities. All materials and installation shall conform to the District’s Specifications and shall be subject to the inspection and acceptance by the District. 3.5 WATER RATES: All Water Rates shall be charged and collected monthly or annually pursuant to the latest adopted Water Rates Resolution. 3.5.1 DOMESTIC WATER: Domestic Water shall be billed at the current rate for treated water in accordance with the latest adopted Water Rates Resolution. 3.5.2 PERMANENT UNTREATED WATER SERVICE (RAW WATER): Permanent untreated water service is only available in accordance with the latest adopted terms and conditions for “untreated full” water service as adopted by MWDOC. To qualify for this class of water, the Customer shall: (a) pay all costs to connect to MWDOC’s untreated water supply; (b) own and operate their own, independent, water system that is completely separate and apart from the District’s Domestic Water system; (c) comply with the latest adopted version of the District’s Water Rules and Regulations, including any Water Management Programs; and (d) implement all reasonable and available reliable water use efficiency methods, as determined by the District. 3.5.3 RAW WATER FROM GROUNDWATER SOURCES: Raw Water from groundwater sources shall be billed at the current rate for treated water in accordance with the latest adopted Water Rates Resolution. 3.6 TEMPORARY SERVICE (IN CONJUNCTION WITH A TEMPORARY CONSTRUCTION METER): Application shall be made to the District for temporary service desired by licensed contractors/municipalities/utilities providing service within the District service area for water to be used within the District’s service area for limited, temporary needs, such as street rehabilitation work. Upon receipt of a completed application and payment of the applicable construction Meter deposit, a construction Meter shall be made available for use. The deposit shall be pursuant to the latest adopted Fee Schedule as stated above in Section 3. At the request of the applicant, the temporary construction YLWD Rules and Regulations for Water Service 2021 10 Meter may be moved to a new location by District staff only. The fee for movement of the Meter, as defined in Section 3, is pursuant to the latest adopted Fee Schedule. Applicants on file shall receive a monthly invoice for the rental of the Temporary Construction Meter and metered water usage at the rates prescribed in the District’s latest approved Resolution Setting Water Rates. Unauthorized and unmetered water usage and tampering with potable water facilities is a Federal offense in accordance with U S Code Title 42 Section 300i-1. All other penalties set forth elsewhere herein apply to any tampering with devices or theft of water. The application for temporary service may be denied (a) in the event of water shortage, water rationing, or a general emergency, or (b) in the determination of the District, the setting of a Meter is impracticable or uneconomical. 3.7 TEMPORARY UNTREATED WATER (RAW WATER): Application shall be made to the District for all temporary untreated water received directly through MWDSC and the MWDOC for construction only. The fee for Temporary Untreated Water shall be pursuant to the latest adopted Fee Schedule. 3.8 PRIVATE FIRE SERVICE RATES: The monthly rates for private fire service protection shall be pursuant to the latest adopted Fee Schedule 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, in accordance with the latest Specifications, and in accordance with the Backflow Prevention Program section herein. The bypass Meter and line shall be specified by the District. 3.10 CHANGE OF METER LOCATION: Any person desiring to change the location of a Service Connection/Meter, which has already been installed, shall make application to the District. The District, in its sole discretion, may approve or deny the application. Should the District approve the application, the District shall relocate the Meter as requested upon the applicant’s payment in advance for all estimated costs of labor (fully burdened) and materials. Should the estimate of costs be greater than the actual cost, a refund shall be issued to the applicant. However, should the estimate of costs not cover the actual costs, the applicant shall be notified and invoiced for the amount due to the District. 3.11 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 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 must not adversely impact surrounding properties or the operation of the District water system. New or replaced Fire Hydrants shall be wet barrel type; newly installed or replaced dry barrel fire hydrants are not permitted. All costs associated with relocation shall be borne by the requesting party. SECTION 4. BILLING PROCEDURES 4.1 GENERAL: All accounts are billed at monthly intervals. Applicants desiring to establish water service shall make applications for water service with District office during regular YLWD Rules and Regulations for Water Service 2021 11 business hours. The District accepts applications for service verbally, via the telephone, or in person. The applicant shall be required to provide the following information per account: 4.1.1 Name of applicant(s) (Indicate whether owner or tenant). 4.1.2 Each applicant’s Social Security number, valid state issued driver’s license number, and date of birth. 4.1.3 Date service is required. 4.1.4 Address of service location. 4.1.5 Applicant’s mailing address, email address, and customer authorized telephone number(s). 4.1.6 Commercial accounts shall provide adequate business documentation such as federal Employer Identification Number (EIN), business license, Dunn & Bradstreet identifier, and/or the personal data of the business owner as the District, in its sole discretion, deems reasonable for the establishment of a commercial account. 4.1.7 Other information as the District may reasonably require. 4.2 NEW ACCOUNT SETUP FEE: The District shall charge a new account setup fee for any service or services established at a service location. The new account setup fee is assessed each time an account is opened, including a turn on of water service, a change in residents, a change in property or business ownership, or a change of name, among other events, which requires opening a new account. 4.2.1 Twenty-four hour notification is required for all service requests. The service request shall be processed and scheduled. If the request for service is made less than twenty-four (24) hours prior, a service fee(s) may be assessed. All fees are pursuant to the latest adopted Fee Schedule. 4.2.2 Applicants who contact the District after normal business hours to turn on water service without an active application shall be assessed an after-hours fee and are required to complete an application as stated above and meet all requirements for the establishment of service by the next regular business day or the District may suspend water service until such requirements are met. 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 latest adopted Fee Schedule This provision does NOT apply to reestablishing service that has been disconnected or suspended due to non- payment, which is instead described in the District’s Policy for Discontinuation of Residential Water Service for Nonpayment in accordance with Senate Bill No. 998. 4.3 WATER BILLS, BILLING PERIOD, DUE DATES AND ADDITIONAL SERVICES: The billing period, charges for additional services, and required deposits are as follows: YLWD Rules and Regulations for Water Service 2021 12 4.3.1 BILLING PERIOD: This is to be based on monthly Meter reads, normally between 28 and 35 days apart. All invoices are due and payable upon mailing and shall become delinquent if not paid within 27 days from the Billing Date. 4.3.1.1. If, due to reasons beyond the District’s control, the District is unable to read the customer’s Meter on the scheduled reading date, the District may bill the Customer for estimated consumption during the bill period and make any necessary corrections once the actual Meter read is obtained. Estimated consumption shall be calculated based on the Customer’s prior usage history and seasonal changes. 4.3.1.2. Customers who are enrolled in online bill presentment are notified via email or text (SMS/MMS) when their bill is ready to view. It is the Customer’s responsibility to view their emails, keep their account profile updated, and provide a current email address. The District is not responsible for notifying the Customer of rejected email or text (SMS/MMS) deliveries. 4.3.1.3. District accepts cash, cashier’s check, money order, personal check, business check, credit card, or electronic forms of payments. Enhanced online services are offered by the District through its enhanced online payment system. 4.3.1.4. All returned forms of payment shall be considered as non-payment and subject to a returned item fee. The District shall deliver notification of the returned item to the service location, requiring that payment of the full value of the item, along with the returned item fee and deposit, if required, be made within five (5) days from the date of the notice. If payment is not received by the due date specified on the returned item notice, the account shall be subject to disconnection of service in addition to all applicable disconnection fees in accordance with the District’s Policy for Discontinuation of Residential Water Service for Nonpayment. The referenced account shall be placed on a “cash only” (payment by cash, debit or credit card only) status upon notification from the banking institution of a third returned item within a consecutive 12-month period. The referenced account shall retain the “cash only” status for a period of one (1) full year (12 full months). 4.3.1.5. The District shall apply all received payments to the oldest debt due. 4.3.1.6. No two party checks are accepted. 4.3.2. DELINQUENT PAYMENTS: An account shall be considered delinquent if payment of a water bill is not received by the 27th day from the Billing Date. A Late Payment Fee (as set forth below) shall be immediately assessed on the past due amount if the account is not paid in full by the 27th day after the bill is generated. This fee shall be pursuant to the latest adopted Fee Schedule. Payments dropped off after normal business hours, after the passing of the 27th day, shall be considered delinquent. As detailed in the District’s Policy for Discontinuation of Residential Water Service for Nonpayment, accounts remaining unpaid 91 days from the Billing Date shall be subject to discontinuance YLWD Rules and Regulations for Water Service 2021 13 of service. All bills are considered delivered after mailing via US Postal Service or Internet email and the District is not responsible for non-receipt or non-delivery. Any payment envelope received by the District without a payment enclosed or with an unsigned check, shall be considered as non-payment. 4.3.3. LATE PAYMENT FEE: A charge equal to ten percent (10%) of current charges shall be levied against any account if payment is not received by the District on the 27th day from the Billing Date. Customers shall receive notification of levied late fee(s) and past due balance. The customer shall be provided with a 62-day written notice of delinquency and impending disconnection of service by mail. The notice shall be in conformance with Sections 116900 – 116926 of the California Health & Safety Code, which is known as the Water Shutoff Protection Act (California Government Code Sections 60370 – 60375.5 and Senate Bill No. 998) and the District’s Policy for Discontinuation of Residential Water Service for Nonpayment. The Policy is available on District’s website at www.ylwd.com/sb998policy. The Policy and all written notices issued under the Policy are provided in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. Late fees may be waived at the discretion of District management, as a one-time courtesy, due to a life-changing event, within a 12-month period. 4.3.4. NOTICE OF DISCONTINUANCE: Notice of discontinuance and termination of water service shall be in conformance with Sections 116900 – 116926 of the California Health & Safety Code, which is known as the Water Shutoff Protection Act (California Government Code Sections 60370 – 60375.5 and Senate Bill No. 998) and the District’s Policy for Discontinuation of Residential Water Service for Nonpayment. The charge for this service shall be pursuant to the latest adopted Fee Schedule. 4.3.5. AMORTIZATION OF UNPAID CHARGES: At the General Manager’s discretion, a Customer’s payment of their unpaid balance may be amortized in accordance with the District’s Policy for Discontinuation of Residential Water Service for Nonpayment. 4.4. METER TESTING: Upon Customer request, a Meter may be tested to determine its accuracy. The Customer charge for testing the Meter for accuracy, either at the source or through an independent laboratory, after payment of all other outstanding charges, shall be pursuant to the latest adopted Fee Schedule. Should the test find the Meter to be outside the limits of American Water Works Association standards, the charge of the test shall be credited back to the Customer account and a billing adjustment made on the next billing cycle, based on the Customer’s average consumption for no more than twelve (12) months. Testing the Meter for accuracy may require an appointment. 4.5. DEPOSITS: All deposit requirements shall be in conformance with the latest California Public Utilities Code. Deposits may be required from each new or returning Customer pursuant to the latest adopted Fee Schedule. A soft credit check shall be conducted to determine a deposit requirement and to validate the identity of the applicant. Any former Customer returning to the District and applying after a 6-month period shall be subject to a soft credit check. A deposit shall be required from a Customer account that holds a poor payment history with the District, which is defined as containing: 4.5.1. Three (3) or more delinquent payments within a 12-month period; YLWD Rules and Regulations for Water Service 2021 14 4.5.2. Two (2) or more non-sufficient funds (NSF) or ACH rejection fee occurrences within a 12-month period; 4.5.3. A single NSF or ACH rejection from a payment made on a delinquent account after a Notice of Discontinuance has been posted; or 4.5.4. A single shut-off. New residential Customers who have no valid State of California or United States of America issued identification shall 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 shall be required to pay deposits based on Meter size. Deposits shall not bear interest. A deposit on file shall be refunded to the Customer’s account after 12 months of continuous on-time payments. If the Customer’s account is delinquent within the 12-month period, the District shall retain the deposit on hand and start a new 12- month period. If the District determines the applicant was a previous Customer of the District and their credit history dictates a deposit and any unpaid balances on prior account(s), the deposit shall be due and payable before service can be initiated. Such application signifies the applicant’s willingness and intention to comply with all applicable District Water Rules and Regulations and to submit full payment of fees and charges on all subsequent Customer account billings that pertain to the location of service on record. 4.6 BILLING ERRORS: If a billing error occurs in which the District is found to be at fault, the account may be adjusted accordingly, pursuant to the District’s Claims Ordinance. If a billing error occurs and the Customer has been undercharged, or not charged at all, and the customer has a legal Service Connection, the District may collect up to 12 months of fees and charges upon notice to the Customer. 4.7 WATER THEFT, OBSTRUCTION, AND ENCROACHMENT: 4.7.1 UNAUTHORIZED USE OF SERVICES: Any Person using water and/or sewer services without an approved application for service and a proper Service Connection shall be held liable for all water delivered or taken and for any damages to District property, including locks and angle stops, and for any associated charges. In no event shall anyone have access to water service that has not been approved by the District. Tampering with District facilities is illegal, in accordance with California Penal Code Section 498. Anyone engaged in the unauthorized use of services as set forth herein shall also be subject to all civil penalties, costs of remediation, and such other fees and costs that may apply in accordance with the latest adopted Fee Schedule. 4.7.2 OBSTRUCTING DISTRICT FACILITIES PROHIBITED: Nobody shall in any way restrict or obstruct access to District facilities which include, without limitation Meters, pipes, pumps, valves, Hydrants, buildings, access points, air vacuum devices, pressure regulators, or any other equipment or facility connected to or in support of the District’s water system. If anybody restricts or obstructs access to a District facility and does not provide District immediate access, the District reserves the right to remove obstruction by whatever means reasonably necessary and bill the customer for all costs associated with removal of the obstruction. Additionally, above ground structures, above ground landscaping, YLWD Rules and Regulations for Water Service 2021 15 and any other above ground improvements, including a reduction or raising of grades over District facilities or Easements is prohibited without prior written consent of the District. Written consent shall include a Declaration of Restrictive Covenants. 4.7.3 EASEMENTS AND ENCROACHMENTS It shall be the policy of the District to preserve and enforce its rights under all Easements within the District and to prohibit encroachment of those Easements. No non-district owned or constructed facilities of any type, including but not limited to, pools, structures, hardscape features, or any other feature, monument or other appurtenance shall be permitted within Easements owned by the District. In the event of an encroachment, the District may take immediate steps to remedy the encroachment, including immediate entry onto the property, and the removal of the encroachment. The District shall not be liable for any damage caused to the real or personal property of the property owner during the removal of the encroachment. The property owner shall reimburse the District for all costs of remedying the encroachment. 4.7.4. ILLEGAL CONNECTIONS: No individual shall connect to the District’s Domestic Water facilities without application and approval. Tampering with District facilities is illegal, in accordance with California Penal Code Section 498. Additionally, anyone illegally connecting to the system shall also be subject to all civil penalties, costs of remediation, and such other fees and costs that may apply in accordance with the latest adopted Fee Schedule. 4.7.5. TAMPERED LOCKS: The District may place a lock on a water Meter to prevent unauthorized use. A tampered lock shall result in a charge pursuant to the latest adopted Fee Schedule. Tampering with the locks is illegal, in accordance with California Penal Code Section 498. Additionally, anyone tampering with a lock shall also be subject to all civil penalties, costs of remediation, and such other fees and costs that may apply in accordance with the latest adopted Fee Schedule. 4.7.6. METER REMOVAL: The District may remove a Meter if it is used without authorization of the District. The charge for removal and resultant replacement, after payment of any other outstanding charges shall be payable by the account holder pursuant to the latest adopted Fee Schedule. Meter tampering, which is illegal, in accordance with California Penal Code Section 498, additionally, anyone tampering with a lock shall also be subject to all civil penalties, costs of remediation, and such other fees and costs that may apply in accordance with the latest adopted Fee Schedule. 4.8 ONE-TIME ADJUSTMENT OF WATER BILL (ONSITE LEAKS) 4.8.1. A Customer request for a one-time adjustment to a water bill for units billed may be considered if it is determined that a domestic or irrigation leak has been discovered on the Customer side of the Meter and the following conditions are met: 4.8.1.1. Proof of the repair of such leak must be provided; YLWD Rules and Regulations for Water Service 2021 16 4.8.1.2. YLWD staff has checked the Meter to ensure the read was accurate and that the average usage has been returned to normal for that period of year; and 4.8.1.3. It has been at least five (5) years since a request for a one-time adjustment has occurred for the Customer connection in question. 4.8.2. If the conditions above are met, the General Manager may approve the adjustment pursuant to the following formula: 4.8.2.1. Determine what the Customer’s bill would have been had the leak not occurred by averaging the Customer’s normal usage trend; 4.8.2.2. Determine which water source was utilized (imported or groundwater) to serve our community for the billing period on the Customer’s bill; 4.8.2.3. Calculate the extra water billed, in units (748 gallons per unit), which was above the Customer’s determined average and charge the Customer utilizing the following rate: A. For Imported Water, the treated rate of the MWDSC (as identified in the Annual Operating Budget for the time period in question) shall be used to calculate the per unit cost; B. For Groundwater, the OCWD Replenishment Assessment and the treatment/energy charge (as identified in the Annual Operating Budget for the time period in question) shall be used to calculate the per unit cost. 4.8.2.4. The Customer shall be charged the raw cost, above their average usage, for the number of units consumed and measured by the bill. 4.8.3. Any potential assessed penalties or fees which may have accrued during this process shall be waived provided the adjustment is sought and offered within 30 days from which the billing in question has been received. All decisions of the General Manager may be appealed to the Board of Directors by filing a written notice of appeal with the District Secretary at bodsecretary@ylwd.com within 30 days from receipt of the General Manager’s decision. 4.8.4. Filling of swimming pools is specifically excluded from consideration of a one- time adjustment to a water bill. SECTION 5. FINAL BILL, CHANGE OF ADDRESS AND METER FAILURE 5.1 Section 5 shall only apply to Customer connections. 5.1.1. FAILURE TO PAY “FINAL BILL” PROCESS: Under the authority of California Government Code, Section 12419.8, any unpaid balance due on a closed account, beyond the due date, shall be submitted to 3rd party collection agency and/or the Franchise Tax Board for interagency intercept collection. YLWD Rules and Regulations for Water Service 2021 17 5.1.2. CHANGE OF ADDRESS: Failure to receive mail shall not be recognized as a valid excuse for failure to pay water service charge(s) when due. Change in occupancy of property supplied with District water and/or changes in mailing addresses of Customers must be filed at the District office, in writing, by fax, mail, or online, as available. 5.1.3. METER FAILURE: If a Meter fails to register during any period or is suspected to have registered inaccurately, the Consumer shall be charged an estimated consumption calculated based on the Consumer’s prior usage history and seasonal changes. The Meter shall be replaced or repaired as determined by the District in its sole discretion. SECTION 6. WATER USAGE REGULATED 6.1 SUPPLYING ANOTHER PERSON/LOCATION: Water supplied through a Service Connection shall only be used on the Premises served by the Service Connection and shall not be supplied to any residence or business other than those located on the Customer’s own Premises. 6.2 IRRIGATION, SPRINKLING, ETC.: The use of water for irrigation, sprinkling, wetting, construction, or industrial uses shall be restricted if and when such use is contrary to the public safety or welfare, or during mandatory water conservation drought conditions, as determined by the District. 6.3 SHUTTING OFF WATER FOR REPAIRS: The District reserves the right to shut off water in its Mains without notice to make repairs or for any other purpose deemed 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 and plumbing codes in anticipation of emergency shut-offs. Where a planned shut-off is made every effort shall be made by the District to notify the Customers. 6.4 WATER PRESSURES: The District shall endeavor to maintain such pressures as recommended by State Water Resources Control Board, Division of Drinking Water Title 22 California Code of Regulations (normally 20 to 80 psi). In the event any Consumer deems that pressures are inadequate, the Consumer shall furnish at their own expense, devices necessary to boost the pressure for their Premises. If the Customer chooses to add a booster type device, the District shall require compliance with the Backflow Prevention Program section of these rules. 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 their own Premises to protect their plumbing and/or to reduce the pressure for their normal needs. SECTION 7. MAINS, METERS AND FIRE HYDRANTS 7.1 CHANGES AND/OR DAMAGES TO MAINS AND FITTINGS: Any street improvements that 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 YLWD Rules and Regulations for Water Service 2021 18 shall be chargeable to the person or agency requiring said work to be done. Any underground digging shall be in conformance with the Underground Service Alert described above in Section 1.36. 7.2 SHUT-OFF VALVES: All shut-off valves and angle stops are for 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. A valve shall be installed immediately downstream from the water Meter and in accordance with the latest District Standards W-1 and W-2. Irrigation Service Connections are excepted. 7.3 METERS: 7.3.1 SIZING METERS: The District shall determine the size of the Meter required. Where service conditions change, the District, through the General Manager, shall at the District’s discretion, have installed a Meter of proper size to meet the present conditions. The District shall then bill or refund as required. 7.3.2 RIGHT TO METER: The District reserves the right to Meter any service and apply the latest adopted established rates. 7.3.3 SEALING METERS: All Meters shall be sealed by the District and no seal shall be altered or broken except by one of its authorized employees or agents. 7.4 CHANGE OF METER: 7.4.1 CHANGE IN SIZE OF METER: Meter resizing shall be in accordance with: (a) the latest Meter Sizing Resolution; (b) the latest adopted version of the District’s Policies and Procedures; and (c) Elective Water Meter Resizing Policy. The minimum size Meter is 1-inch. 7.4.2 CURRENT COST OF METER: The current cost of a Meter as used above shall be pursuant to the latest adopted Fee Schedule. 7.4.3 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. 7.5 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 caused by: (a) an act of malice or neglect of the Consumer or Person on Consumer’s property; or (b) any malfunction of any appliance, equipment or operation on the Consumers property, such replacement, repair, or adjustment shall be charged to and paid by such Consumer to the District on presentation of a bill therefore. If 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. YLWD Rules and Regulations for Water Service 2021 19 7.6 METER LOCATION: All Meters of the District shall be: (a) 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 (b) protected and maintained as a part of the operation of the District. In some instances and circumstances, the Meter may be relocated by the District in its sole discretion. Where the District, in its sole discretion, determines that a Meter must be placed upon a Customer’s private property, the District may do so as a condition of providing or continuing to provide water service. 7.7 METERS INSIDE PREMISES: Where a water Meter is placed inside the Premises of a Consumer, provisions shall be made by the property owner for convenient Meter reading and repairing by representatives of the District by granting an Easement to the District, as close as possible to the public right-of-way, and accessible at all times to District staff (i.e. not within a gated or inaccessible location). 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. Meters shall not be located inside any structure, home, or building. 7.8 CONSUMER’S RESPONSIBILITY: The District shall not be responsible for any: (a) damage to person or property arising from any leakage, breakage, or seepage from, or accident or damage to any Meter or pipe situated within any private Premises; (b) leakage, breakage, or seepage from any pipe situated between any Meter properly installed at the curb and the private Premises served thereby; or (c) damage, injury, or loss occasioned directly or indirectly by the existence of any Meter or pipe situated upon private property. 7.9 USE OF FIRE HYDRANTS: Public Fire Hydrants shall be located, maintained, and repaired by the District. Any damage thereto by Persons other than representatives of the Fire Department or the District shall be a claim against the Person committing such damage and the District may take action to collect the costs to repair the damages. Fire Hydrants are provided primarily for the purpose of extinguishing fires and: (a) shall not be used otherwise unless provided for herein; and (b) shall be opened and used only by the 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 District. 7.10 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, are required to complete an application from the District for a temporary construction Meter permit and pay a deposit. 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 a permit for use of water from the Fire Hydrants shall use hydrant wrenches for the operation of such Fire Hydrants. The main valve of the Hydrant shall be used only to: (a) turn the service on and off at the beginning and end of service from the Hydrant; and (b) to turn the Fire Hydrant off at the end of each work day. 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. The main valve shall be either completely open or closed at all times. YLWD Rules and Regulations for Water Service 2021 20 7.11 FIRE HYDRANTS, CANCELLATION OF PERMIT: Permit for the use of water through the Fire Hydrants of the District may be canceled at the discretion 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. 7.12 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 when used with a District installed temporary construction meter, as discussed in section 3.1.3. Fire Hydrants must have a minimum clearance radius of five (5) feet. 7.13 NEW OR REPLACED FIRE HYDRANTS: New or replaced Fire Hydrants shall be wet barrel type; newly installed or replaced dry barrel fire hydrants are not permitted. SECTION 8. BACKFLOW PREVENTION PROGRAM 8.1 DEFINITIONS OF TERMS 8.1.1 AIR-GAP SEPARATION: 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 (1) inch. 8.1.2 APPROVED BACKFLOW PREVENTION DEVICE: 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 Health Agency (as defined herein). 8.1.3 APPROVED WATER SUPPLY: Any water supply whose potability is regulated by a State or local Health Agency. 8.1.4 AUXILIARY WATER SUPPLY: Any water supply on or available to the Premises other than the Approved Water Supply. 8.1.5 BACKFLOW: 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. Back-siphonage is one cause of Backflow. Backpressure is the other cause. 8.1.6 CONTAMINATION: A degradation of the quality of Potable W ater by any foreign substance which creates a hazard to public health or which may impair the usefulness or quality of the water. 8.1.7 CROSS-CONNECTION: Any unprotected (actual or potential) connection between a Potable W ater 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, YLWD Rules and Regulations for Water Service 2021 21 jumper connections, removable sections, swivel or changeover devices, or other devices through which Backflow could occur, shall be considered to be Cross- Connections. 8.1.8 DOUBLE CHECK VALVE ASSEMBLY: An assembly of at least two (2) independently acting check valves including: (a) tightly closing shut-off valves on each side of the check valve assembly; and (b) test cocks available for testing the water tightness of each check valve. 8.1.9 HEALTH AGENCY: The State Water Resources Control Board, Department of Drinking Water, or the Local Health Agency with respect to a small water system. 8.1.10 LOCAL HEALTH AGENCY: The county or city health authority. 8.1.11 POTABLE WATER: Water deemed safe for drinking as determined by the Health Agency and District. 8.1.12 PUBLIC WATER SYSTEM: A system for the provision of piped water to the public for human consumption which has five (5) or more service connections or regularly serves an average of 25 individuals daily at least 60 days out of the year. 8.1.13 RECLAIMED WATER: Wastewater which, as a result of treatment, is suitable for uses other than Potable use. 8.1.14 REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION DEVICE: A device incorporating: (a) two (2) or more check valves and an automatically operating differential relief valve located between the two (2) check valves; (b) a tightly closing shut-off valve on each side of the Double Check Valve Assembly; and (c) equipped with necessary test cocks for testing. 8.1.15 WATER USER: Any person obtaining water from an Approved W ater Supply system. 8.2 PURPOSE: The purpose of this Backflow Prevention Program (“Program”) is: (a) to protect the Public W ater System against actual or potential Cross Connection by isolating within the Premises Contamination that may occur because of some undiscovered or unauthorized Cross-Connection on the Premises; (b) to eliminate existing connections between Public W ater Systems and other sources of water that are not approved as safe and Potable for human consumption; (c) to eliminate Cross- Connections between Public W ater Systems and sources of Contamination; (d) to prevent the making of Cross-Connections in the future. The purpose of this Program complies with the latest adopted State of California Administrative Code, Title 17, (Commencing with Section 7583) - Public Health entitled “Regulations Relating to Cross- Connections”. 8.3 CROSS-CONNECTION PROTECTION REQUIREMENTS: It is unlawful for any Person at any time to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever: (a) any Cross-Connection between plumbing pipes or water fixtures conveying water by the District and any other source of YLWD Rules and Regulations for Water Service 2021 22 water supply; or (b) 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 Public W ater System of the District and/or the service of water pipes or fixtures of any Consumer. 8.3.1 GENERAL PROVISIONS: 8.3.1.1 Unprotected Cross-Connections with the District Public W ater System are prohibited. 8.3.1.2 Whenever Backflow protection has been found necessary, the District shall require the W ater User to install an approved Backflow prevention device by and at his/her expense for continued services or before a new service shall be granted. 8.3.1.3 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 shall be in accordance with the requirements of this Program. 8.3.1.4 Each time there is a change of Customer (either owner or tenant) on any commercial or industrial Premises, the new or previous owner or Customer shall notify the District immediately. The District shall then reassess the level of protection required. In addition, any alterations to existing Onsite Facilities that may affect the level of protection required must be reported immediately to the District. Failure to report shall result in termination of water service. 8.3.1.5 These provisions shall be in addition to and not in lieu of the controls and requirements of other regulatory agencies, such as Health Agencies and Local Health Agencies. These provisions are intended to protect the District’s Potable Water supply and are not intended to provide regulatory measures for protection of Water Users from hazards of Cross-Connections within their own Premises. Notwithstanding these provisions, the District accepts no responsibility for Cross-Connections or resulting hazards or Contamination. 8.3.2 WHERE PROTECTION IS REQUIRED: 8.3.2.1 Each Service Connection from the District Public W ater System to Premises having an Auxiliary W ater Supply shall be protected against Backflow of water from the Premises into the Public W ater System unless the Auxiliary Water Supply is accepted as an additional source by the District, and is approved by the Health Agency having jurisdiction. 8.3.2.2 Each Service Connection from the District Public W ater System to any Premises on which any substance is handled in such fashion as may YLWD Rules and Regulations for Water Service 2021 23 allow its entry into the Pubic W ater System shall be protected against Backflow of water from the Premises into the Public Water System. This shall include the handling of process waters and waters originating from the District Public W ater System, which have been subjected to deterioration in sanitary quality. 8.3.2.3 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 Health Agency or Local Health Agency and the District; or (b) intricate plumbing and piping arrangements 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. 8.3.3 TYPE OF PROTECTION REQUIRED: 8.3.3.1 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: (a) Double Check Valve Assembly (DC); (b) Reduced Pressure Principle Backflow Prevention Device (RP); and (c) 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 W ater Supply at the Water User’s Service Connection to Premises with varying degrees of hazard are provided in Table 1 of the latest adopted State of California Administrative Code, Title 17. Additionally, two (2) 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 Service Connection to be located adjacent to and on the property side of the respective Meters. 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. Situations which are not covered in Table 1 of the latest adopted State of California Administrative Code, Title 17, shall be evaluated on a case by case basis and the appropriate Backflow protection shall be determined by the District or Health Agency. 8.4 BACKFLOW PREVENTION DEVICES 8.4.1 APPROVED BACKFLOW PREVENTION DEVICES: Only Backflow prevention devices which have been approved by the District shall be acceptable for installation by a W ater User connected to the District’s Public Water System. The District shall provide, upon request, a list of approved Backflow prevention devices. YLWD Rules and Regulations for Water Service 2021 24 8.4.2 BACKFLOW PREVENTION DEVICE INSTALLATION: Backflow prevention devices shall be installed in a manner prescribed in Section 7602 and 7603 of the Title 17 California Administrative Code. Per District Standard Drawings, location of the devices should be as close as practical to the Water User’s Service Connection and shall be installed above-grade in a manner where it is readily accessible for testing and maintenance. 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 District Standard Specifications for Construction of Water Mains, latest edition. Maintenance and repair of Backflow prevention devices are the responsibility of the W ater User and not the District. 8.4.3 BACKFLOW PREVENTION DEVICE TESTING AND MAINTENANCE: 8.4.3.1 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. 8.4.3.2 The District shall supply affected Water Users with a list of Persons acceptable to the District to test Backflow prevention devices. The District shall notify affected Customers by mail when annual testing of a device is needed and also supply Water Users with the necessary forms which must be filled out each time a device is tested or repaired. 8.4.3.3 The District may randomly test various Backflow prevention devices at no cost to the Customer. This testing shall in no way relieve the Customer from responsibility for maintaining functional devices, but shall serve to help assure that the Program is serving its intended purpose. 8.4.4 BACKFLOW PREVENTION DEVICE REMOVAL: Approval must be obtained from the District before a Backflow prevention device is removed, relocated, or replaced. 8.4.4.1 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. 8.4.4.2 RELOCATION: A device may be relocated following confirmation by the District that the relocation will continue to provide the required YLWD Rules and Regulations for Water Service 2021 25 protection and satisfy installation requirements. A retest shall be required following the relocation of the device. 8.4.4.3 REPAIR : A device may be removed for repair, provided the water use is either: (a) discontinued until repair is completed and the device is returned to service; or (b) the service connection is equipped with other Backflow protection approved by the District. A retest shall be required following the repair of the device. 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. A device that is located in a below grade vault, which has failed certification and parts for repairs are no longer available, shall be replaced and relocated above grade and the vault abandoned in accordance with District Standard Drawings W-16 and W -16A. 8.4.4.4 EXISTING ASSEMBLY: If an assembly in service is not an approved Backflow prevention device based on the latest standards, but was approved when installed, it may remain in service, provided it functions properly and passes testing. An assembly not recognized as an approved Backflow prevention device shall be removed and replaced with a currently approved Backflow prevention device. 8.4.5 USER SUPERVISOR: At each Premise, 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 Public W ater 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 remedy 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, in accordance with Title-17 Public Health, California Administrative Code. 8.5 ADMINISTRATIVE PROCEDURES 8.5.1 WATER SYSTEM SURVEY: 8.5.1.1 The District shall review all requests for new services to determine if Backflow protection is needed. 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 shall be granted. 8.5.1.2 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) YLWD Rules and Regulations for Water Service 2021 26 and (d). The District shall 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. 8.5.1.3 The District may, at its discretion, require a re-inspection for Cross- Connection hazards of any Premises to which it serves water. The District shall transmit a written notice requesting an inspection appointment to each affected W ater 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 that the District considers necessary. 8.5.2 CUSTOMER NOTIFICATION — DEVICE INSTALLATION: 8.5.2.1 The District shall notify the Water User of the survey findings, listing corrective action to be taken if required. A period of 60 days shall be given to complete all corrective action required including installation of Backflow prevention devices. 8.5.2.2 A second notice shall be sent to each W ater User which does not take the required corrective action prescribed in the first notice within the 60 days period allowed. The second notice shall give the Water User a 2- week period to take the required corrective action. If no action is taken within the 2-week period, the District may terminate water service to the affected W ater User until the required corrective actions are taken. 8.5.3 CUSTOMER NOTIFICATION — TESTING AND MAINTENANCE: 8.5.3.1 The District shall notify each affected Customer 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 days to have the device tested and supply the Water User with the necessary form to be completed and resubmitted to the District. 8.5.3.2 A second notice shall be sent to each Customer which does not have their Backflow prevention device tested as prescribed in the first notice within the 30-day period allowed. The second notice shall give the Customer a 2-week period to have their Backflow prevention device tested. If no action is taken within the 2-week period the District may terminate water service to the affected W ater User until the subject device is tested. 8.5.4 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. The fee shall be levied pursuant to the latest adopted Fee Schedule, and shall be included on the Customer’s water bill. YLWD Rules and Regulations for Water Service 2021 27 8.6 WATER SERVICE TERMINATION: 8.6.1 GENERAL: When the District encounters water uses that represent a clear and immediate hazard to the Public Water System that cannot be immediately abated, the District shall institute the procedure for discontinuing the District water service. 8.6.2 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: 8.6.2.1 Refusal to install a required Backflow prevention device. 8.6.2.2 Refusal to test a Backflow prevention device. 8.6.2.3 Refusal to repair a faulty Backflow prevention device. 8.6.2.4 Refusal to replace a faulty Backflow prevention device. 8.6.2.5 Direct or indirect connection between the Public Water System and a sewer line. 8.6.2.6 Unprotected direct or indirect connection between the Public W ater System and a system or equipment containing contaminants. 8.6.2.7 Unprotected direct or indirect connection between the Public W ater System and an Auxiliary Water system. 8.6.2.8 Intentional or accidental interference with or intrusion into the Public Water System. 8.6.2.9 A situation which presents an immediate health hazard to the Public Water System. 8.6.3 WATER SERVICE TERMINATION PROCEDURES: 8.6.3.1 If one or more of the conditions defined in Sections 8.7.2.1 to 8.7.2.4 are found, the District shall terminate service to a Customer’s Premises after two (2) 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. 8.6.3.2 If one or more of the conditions defined in Sections 8.7.2.5 to 8.7.2.8 are found, the District shall take the following steps: A. Make reasonable effort to advise the Water User of intent to terminate water service; B. Terminate water supply and lock service valve. The water service shall remain inactive until correction of violations has been approved by the District. YLWD Rules and Regulations for Water Service 2021 28 8.6.3.3 Should a water service termination be determined and executed by the District, as defined in this section, the Customer shall be subject to the shut-off and re-establishment of service fees found in the latest adopted Fee Schedule. SECTION 9. POLICY ON WATER MAIN AND SERVICE EXTENSIONS 9.1 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 District’s Rules and Regulations for Sewer Service. 9.2 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. Non-District improvements (permanent, temporary, or mobile) are not permitted within Easement area, unless approved by the Board of Directors and/or the General Manager as appropriate. 9.3 EASEMENT QUITCLAIM: The District shall consider a Customer’s request to quitclaim an existing Easement to the property owner provided that: 9.3.1 No existing District facilities are within the Easement; or 9.3.2 All District facilities have been abandoned, and no active facilities, are within the Easement; and 9.3.3 The District has no future plans to install District facilities within the Easement; and 9.3.4 General Manager provides approval. 9.3.4.1 If the issuance of a Quitclaim is approved by the District: (a) the Quitclaim shall not include the rights, whatever they may be, described in the District’s 1911 Easement if the land subject to the Quitclaim is burdened by (i.e., partially described in) the 1911 Easement; and (b) the Customer shall pay for all fees required to develop and execute the quitclaim documents, up-to 8-hours of District staff or consultant’s time, based on the current rate schedule. 9.4 INSTALLATION: If 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 install, in accordance with these Rules and Regulations and the District’s Specifications, 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, employees, and District Consultants and Contractors harmless from any loss or damage that may arise from the installation of the water facilities. All Main extensions shall be installed across the entire frontage of the parcel of land to be served. Main extensions are extensions of YLWD Rules and Regulations for Water Service 2021 29 distribution pipelines, exclusive of Service Connections, beyond existing Offsite Facilities. 9.4.1 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 as cost of installation, reported shall be supported by invoices or statements verified to the satisfaction of the District. 9.4.2 TITLE: Upon completion and acceptance of facilities, the applicant shall transfer title of said water facilities to the District where they shall become and remain the property of the District. 9.5 LOCATION, SIZE AND TYPE OF WATER MAIN AND SERVICE FACILITIES: The applicant’s design engineer shall: (a) be a civil engineer licensed by the State of California, who shall directly supervise and check the Specifications and sign their name and registration number thereto; and (b) under direction of the District’s Engineering Manager, shall use the latest adopted District Master Plan and the latest version of the District’s computer hydraulic model 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 Specifications. 9.6 NUMBER OF APPLICANTS. Either an individual may file an application or two (2) or more persons may join in an application for the extension of water Mains. 9.7 APPROVAL OF WATER MAIN, FIRE SERVICE LINE AND /OR SERVICE EXTENSIONS: Each application for water Main, fire service line and/or service extension shall be given a job number, and shall require Terms and Conditions approved by the District’s Board of Directors 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 estimated fees required for service. 9.8 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. 9.9 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 herein. Under no conditions shall 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 landowner’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. YLWD Rules and Regulations for Water Service 2021 30 9.10 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 to said land shall be deeded to the District in consideration of the District approving any application for District water to be accessed by such tract or subdivision. Said deed to the District shall be executed before any such application shall be approved by the District. 9.11 WATER IMPROVEMENTS: Customers shall install water improvements in accordance with the latest version of the following District documents and in accordance with all laws, ordinances, rules, and regulations pertaining to the conduct of the work: 9.11.1 Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities 9.11.2 Will Serve Letter for Water Service 9.11.3 District Terms and Conditions for Water and Sewer Service 9.11.4 Water Service Agreement between the District and the Customer SECTION 10. PROTECTION FROM DAMAGE 10.1 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. Tampering with potable water facilities is a Federal offense, in accordance with U.S. Code Title 42 Section 300i-1. SECTION 11. POWERS AND AUTHORITY OF INSPECTORS 11.1 The General Manager and other duly authorized employees of the District, bearing proper credentials and identification, shall enter Premises for the purposes of inspection, observations, measurement, sampling and testing in accordance with the provisions of these Rules and Regulations, provided that the property owner, or their designated representative, provides an invitation to enter Premises. 11.2 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 an Easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, operation, and maintenance of any portion of the water and sewerage works lying within said Easement, which shall be done in full accordance with the terms of the Easement pertaining to the private property involved. 11.3 An official District issued identification card shall be carried by all District employees, and shall be available upon request of property owner or the designated representatives, if required to enter private Premises. YLWD Rules and Regulations for Water Service 2021 31 SECTION 12. VIOLATIONS 12.1 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. 12.2 Any Person who continues any violation beyond the time limit provided for shall have their water service subject to discontinuance. Reinstatement of water service shall be made only on correction of the violation and payment of all applicable fees. 12.3 Any Person violating any of the provisions of these Rules and Regulations shall become liable to the District for any expense, loss, or damage occasioned by the District by reason of such violation. SECTION 13. VALIDITY 13.1 The invalidity of any section, sentence, clause, or provision of these Rules and Regulations shall not affect the validity of any other part of these Rules and Regulations which can be given effect without such invalid part.