HomeMy WebLinkAbout2023-07-06 - Resolution No. 2023-20RESOLUTION NO. 2023-20
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ADOPTING THE RULES AND REGULATIONS FOR WATER SERVICE
AND RESCINDING RESOLUTION NOS. 90-40 and 2021-39
WHEREAS,
WHEREAS,
NOW THEREFORE BE IT RESOLVED
SECTION 1.
SECTION
PASSED AND ADOPTED th
Resolution No. 2023-20 Adopting the Rules and Regulations for Water Service
RULES AND REGULATIONS
FOR WATER SERVICE
Revised July 2023
YLWD Rules and Regulations for Water Service July 2023 2
TABLE OF CONTENTS
AUTHORITY ..................................................................................................... 3
SECTION 2. DEFINITION OF KEY TERMS........................................................................... 3
SECTION 3. SERVICE CONNECTIONS ............................................................................... 6
SECTION 4. FEES AND CHARGES FOR NEW SERVICE CONNECTIONS ......................... 8
SECTION 5. BILLING PROCEDURES .................................................................................11
SECTION 6. FINAL BILL, CHANGE OF ADDRESS AND METER FAILURE ........................17
SECTION 7. WATER USAGE REGULATED ........................................................................18
SECTION 8. MAINS, METERS, FIRE HYDRANTS AND MISCELLANEOUS ......................19
SECTION 9. BACKFLOW PREVENTION PROGRAM ..........................................................21
SECTION 10. WATER MAIN EXTENSION POLICY ...............................................................28
SECTION 11. SERVICE FOR PROPOSED DEVELOPMENTS THAT INCLUDE
AFFORDABLE HOUSING.........................................................................................................31
SECTION 12. PROTECTION FROM DAMAGE ......................................................................32
SECTION 13. POWERS AND AUTHORITY OF INSPECTORS..............................................32
SECTION 14. VIOLATIONS ....................................................................................................33
SECTION 15. VALIDITY .........................................................................................................33
YLWD Rules and Regulations for Water Service July 2023 3
AUTHORITY
1.1 The Yorba Linda Water District is organized and existing under Division 12 of the County
Water District Act, which is found at Water Code § 30000 et seq. (“Act”). The Act
authorizes the District to own and operate a water system. Specifically, the District “may
operate water rights, works, property, rights, and privileges useful or necessary to
convey, supply, store, or make use of water for any purpose authorized by this
division.” [Water Code § 31022.] To effectuate this authority, the District adopted these
Rules and Regulations for the sale, distribution, and use of water. [Water Code § 31024.]
SECTION 2. DEFINITION OF KEY TERMS
Unless otherwise specifically defined herein and the context requires a different meaning, all
non-capitalized words, terms, and phrases in these Rules and Regulations shall be construed
according to their ordinary meaning. All capitalized terms in these Rules and Regulations shall
be defined as follows:
2.1 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.
2.2 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.
2.3 APPROVED BACKFLOW PREVENTION DEVICE: Backflow prevention devices that
have passed laboratory and field evaluation tests performed by a recognized testing
organization that has demonstrated their competency to perform such tests to the Health
Agency.
2.4 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 Water supply from any source or sources other than the District’s Public Water
System. Back-siphonage is one cause of Backflow. Backpressure is the other cause.
2.5 BILLING DATE: The date upon which a bill or notice is mailed or electronically delivered
to the Customer.
2.6 BOARD OF DIRECTORS or BOARD: The Board of Directors of the Yorba Linda Water
District.
2.7 CONNECTION FEES: Fees imposed on Customers by the District to obtain water
service from the District. Fees may include, depending on the type of connection, a
Single Service Fee, Water Capacity Fee, or such other fees as set forth herein
depending on the type of service. Fees are pursuant to the latest Board-adopted Fee
Schedule.
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2.8 CUSTOMER OR CONSUMER: A P receiving water service from the District and/or
obtaining water from the District’s Public Water System.
2.9 DECLARATION OF RESTRICTIVE COVENANTS: A document memorializing an
agreement that conditionally authorizes and governs a property owner’s encroachment
on District property or property rights which is both recorded in the Office of the County
Recorder and runs with the land.
2.10 DEVELOPMENT DEPOSIT ACCOUNT: A restricted District account in which funds are
deposited with the District by the developer or project applicant, which funds shall be (a)
applied to the District’s costs of processing the project and (b) for the payment of fees
set forth in the latest Board-adopted Fee Schedule. Developer deposits shall be in an
amount determined by the District in its sole discretion. Additional deposits may be
required by the District upon substantial depletion of the original deposit.
2.11 DISTRICT: The Yorba Linda Water District, a public agency, created and operating
under authority of Division 12 of the California Water Code.
2.12 EASEMENT: A property right for the District to use, and/or enter onto, the real property
of another to, among other things, access, install, construct, reconstruct, remove,
inspect, operate, maintain, repair, replace, improve, or relocate District facilities and/or
improvements such as Meters and pipelines.
2.13 EMPLOYEE: Any person employed by the District to perform work and labor for the
District, excluding contractors, consultants, and their employees.
2.14 FEE SCHEDULE (WATER DEVELOPMENT AND CUSTOMER SERVICE FEES): The
most recently Board-adopted Resolutions establishing water development and customer
service fees and water rates and charges..
2.15 FIRE HYDRANT(S): Connections to the District’s Public W ater 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.
2.16 GENERAL MANAGER: The person (or their designee / authorized representative) hired
or appointed by the Board of Directors as the executive officer of the District.
2.17 MAIN (DISTRIBUTION MAIN): Distribution pipeline located in streets, highways, District
Easements, and/or public ways or private rights-of-ways, which are used to serve District
Customers.
2.18 METER: Water use measuring device approved and installed by, or at the direction of,
the District.
2.19 MWDSC: Metropolitan Water District of Southern California.
2.20 MWDOC: Municipal Water District of Orange County.
2.21 OCWD: Orange County Water District.
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2.22 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 and including
the Meter or point of connection with the Customer’s facilities. Offsite Facilities are
owned and maintained by the District.
2.23 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.
2.24 PERSON: An individual, corporation, company, association, partnership, municipality,
public utility, or other public body or institution.
2.25 POTABLE WATER: Water treated to the standards of Title 22 of the California Code of
Regulations.
2.26 PREMISE: Any and all areas on a Customer’s property which is served, or has the
potential to be served, by the District’s Public Water System.
2.27 PRIVATE SEWER SYSTEM: Includes septic tank system, cesspool, seepage pit,
leach/drain field, or other sewer disposal system appurtenance(s). Private sewer
Systems are subject to other jurisdiction requirements and are neither owned, operated
nor maintained by the District.
2.28 PUBLIC WATER SYSTEM: A system of District-owned pipes or other constructed
conveyances that convey Potable Water either to fifteen (15) or more Service
Connections or an average of 25 individuals daily at least 60 days out of the year.
2.29 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.
2.30 RAW WATER: Non-potable untreated water, used exclusively for outdoor
commercial/landscaping uses such as golf course irrigation, outdoor
commercial/industrial uses, dust control, or construction grading. Raw Water may be
supplied by the District from its groundwater production facilities or purchased from
MWDSC through the District.
2.31 SERVICE CONNECTION: This includes the pipe, tapping connection, valves, Meter,
and other facilities by means of which water is conveyed from the District’s water Main to
the outlet side of the Meter and the beginning of the Customer’s pipe.
2.32 SEWER SERVICE: The connection of a private sewer line (lateral) into the District’s
sanitary sewer system.
2.33 SHALL/MAY: “shall” is mandatory, “may” is permissive.
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2.34 SPECIFICATIONS: Design sheets and written details for construction of water facilities
within the District, which design sheets and written details are approved by the District
and shown in sufficient detail so that the facilities can be constructed.
2.35 TEMPORARY CONSTRUCTION METERS: Water use measuring devices with
Approved 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.
2.36 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.
2.37 TRAFFIC RATED METER BOX: A meter box that will withstand traffic load forces of
16,000 pounds per wheel, as defined by the American Association of State Highway and
Transportation Officials.
2.38 TRANSMI SSION MAIN: A water pipe, typically large in diameter, that delivers water to
an Offsite Facility or between facilities and pressure zones.
2.39 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.
2.40 WATER CAPACITY FEE: A fee imposed by the District for: (a) District water facilities in
existence at the time the fee is imposed; or (b) new District 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 rights or entitlements, real
property interests, and entitlements and other rights of the District involving capital
expense relating to a Customer’s use of existing District facilities as set forth in California
Government Code Section 66013(b)(5).
SECTION 3. SERVICE CONNECTIONS
3.1 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
pursuant to the latest Board-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, by the District.
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3.2 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.
3.3 SEWER SERVICE OR PRIVATE 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 and with the applicable jurisdiction’s
requirements for the Private Sewer System are demonstrated.
3.4 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.
3.5 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.
3.6 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 W ater service, to install a
separate Service Connection(s) at the property owner’s expense.
3.7 SERVICE CONNECTION SUPPLYING DIFFERENT/ADJOINING PROPERTY: A
Service Connection shall not at any time be used to supply water to a property other
than the property in the applicable application (described in Section 2.1 above) on file
with the District.
3.8 SINGLE WATER SERVICE CONNECTION: Developments within 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.
3.9 DEVELOPMENT AGREEMENT PROJECTS: Developments with two (2) or more lots
shall apply for Terms and Conditions and enter into a development agreement with the
District. A Development Deposit Account shall be established with the District pursuant
to the latest Board-adopted Fee Schedule. Separate Service Connections shall be
required for (a) each lot and (b) new development with both a primary dwelling unit and
an Accessory Dwelling Unit to the extent permitted by California law. Water Capacity
Fees shall be calculated for each dwelling unit individually to the extent permitted by
California law and pursuant to the latest Board-adopted Fee Schedule.
COMPLIANCE WITH HOUSING ELEMENT REQUIREMENTS: In accordance with
California Government Code Section 65589.7(b), the District shall adopt written policies
and procedures for the 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 (refer to Section 10). [California Government Code
Section 65589.7(a).]
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SECTION 4. FEES AND CHARGES FOR NEW SERVICE CONNECTIONS
Pursuant to the latest Board-adopted Fee Schedule, the District shall collect the following fees
at the time of application:
4.1 METER CONNECTION FEE: Each applicant for a new Service Connection shall pay the
District the applicable Meter Connection Fees pursuant to the latest Board-adopted Fee
Schedule.
4.1.1 METERS UP TO 2 INCHES: The minimum Meter size for new water Service
Connections is one (1) inch.
4.1.2 METERS LARGER THAN 2 INCHES: Meters larger than two (2) inches shall be
installed for a sum equal to the District’s actual cost. 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 before the Service Connection is 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.
4.1.3 TRAFFIC RATED METER BOX: For Meters of any size, 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 to the
District.
4.1.4 AMI METERS: The District requires the installation of AMI Meters. The fee for
AMI Meters shall be pursuant to the latest Board-adopted Fee Schedule.
4.2 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 pursuant to the latest Board-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 in its sole discretion. A separate fee, pursuant to the latest Board-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. Relocation, if any, of the Temporary Construction Meter will be done 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
pursuant to the latest Board-adopted Fee Schedule.
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4.2.1 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 or other installation site. District staff shall then assess the condition of
the Temporary Construction Meter and the Fire Hydrant (or other installation site)
and the Customer shall be responsible for any rehabilitation costs of either the
Temporary Construction Meter of the Fire Hydrant. If there is no damage to the
Temporary Construction Meter or the Fire Hydrant, District shall prepare the final
bill and net the initial deposit amount against the amount due. Should there be
damage to the Temporary 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.
4.2.2 Temporary Construction Meters are permitted only for a limited duration during a
period of actual construction under an active building/construction permit or on a
case-by-case basis at the request of other public agencies and/or utilities
providing service within the District service area. 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.
Since 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. Temporary Construction
Meters shall be tested by District at the time of installation.
4.3 ADDITIONAL SERVICE FEES: To the extent that any additional service fees apply to a
particular application, they shall be assessed pursuant to the latest Board-adopted Fee
Schedule.
4.3.1 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 Board-adopted Fee Schedule.
4.3.2 WATER CAPACITY FEE: This is commonly referred to as the Customer’s “buy-
in” to the District’s Public Water System. The amount of the fee is provided in the
latest Board-adopted Fee Schedule. A Water Capacity Fee shall be charged (a)
for all new Service Connections and/or (b) when a Meter is upsized . The Water
Capacity Fee for (b) will be the difference between the Water Capacity Fee for
the original Meter and the larger Meter. The District will not return of Water
Capacity Fee for downsizing a Meter.
4.4 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.
YLWD Rules and Regulations for Water Service July 2023 10
4.4.1 INDEMNIFICATION: 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.
4.5 WATER RATES: All water rates shall be charged and collected monthly or annually
pursuant to the latest Board-adopted Water Rates Resolution.
4.5.1 POTABLE WATER: Potable Water shall be billed at the current rate for treated
water in accordance with the latest Board-adopted Water Rates Resolution.
4.5.2 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 Public W ater 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.
4.5.3 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.
4.6 TEMPORARY WATER SERVICE (IN CONJUNCTION WITH A TEMPORARY
CONSTRUCTION METER): Application shall be made to the District for temporary water
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 Temporary Construction Meter deposit, a
Temporary Construction Meter shall be made available for use. The deposit shall be
pursuant to the latest Board-adopted Fee Schedule. At the request of the applicant, the
Temporary Construction Meter may be moved to a new location by District staff only.
The fee for movement of the Temporary Construction Meter shall be is pursuant to the
latest Board-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 Board-approved Resolution Setting Water Rates.
Unauthorized and unmetered water usage and tampering with Potable W ater facilities is
a Federal offense in accordance with U S Code Title 42 Section 300i-1 and a State
offense under California Penal Code Section 498. 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.
4.7 TEMPORARY UNTREATED WATER (RAW WATER) SERVICE: Application shall be
made to the District for all temporary Raw W ater received directly through MWDSC and
YLWD Rules and Regulations for Water Service July 2023 11
the MWDOC for construction only. The fee for temporary Raw Water shall be pursuant
to the latest Board-adopted Fee Schedule.
4.8 PRIVATE FIRE SERVICE RATES: The monthly rates for private fire service protection
shall be pursuant to the latest adopted Fee Schedule
4.9 PRIVATE FIRE PROTECTION: The applicant shall furnish and install all piping, valves,
regulators, appendages, fire detector check (commercial applications) Backflow
prevention devices, and/or other approved devices, in accordance with the latest
Specifications, and in accordance with the Backflow Prevention Program section below.
The bypass Meter and line shall be specified by the District.
4.10 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.
4.11 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 Person 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’s Public 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 Person.
SECTION 5. BILLING PROCEDURES
5.1 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
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:
5.1.1 Name of applicant(s) (Indicate whether owner or tenant).
5.1.2 Each applicant’s Social Security number, valid state issued driver’s license
number, and date of birth.
5.1.3 Date service is required.
5.1.4 Address of service location.
YLWD Rules and Regulations for Water Service July 2023 12
5.1.5 Applicant’s mailing address, email address, and customer authorized telephone
number(s).
5.1.6 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.
5.1.7 Other information as the District may reasonably require.
5.2 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.
5.2.1 Twenty-four (24) 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 24 hours prior, a service fee(s) may be assessed. All fees are pursuant to
the latest Board-adopted Fee Schedule.
5.2.2 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 service calls of District representatives for the purpose of
reestablishment of water service, after normal business hours and on holidays,
shall be pursuant to the latest Board-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.
5.3 WATER BILLS, BILLING PERIOD, DUE DATES, AND ADDITIONAL SERVICES: The
billing period, charges for additional services, and required deposits are as follows:
5.3.1 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.
5.3.1.1. 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 billing
period and make any necessary corrections once the Meter is read.
Estimated consumption shall be calculated based on the Customer’s
prior usage history and seasonal changes.
YLWD Rules and Regulations for Water Service July 2023 13
5.3.1.2. 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.
5.3.1.3. 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.
5.3.1.4. All returned forms of payment shall be considered as non-payment and
subject to a returned payment 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).
5.3.1.5. The District shall apply all received payments to the oldest debt due.
5.3.1.6. No two party checks are accepted.
5.3.2. 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 and a
late payment fee (as set forth below) shall be immediately assessed on the past
due amount. This fee shall be pursuant to the latest Board-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
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.
5.3.3. 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 balances. 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
YLWD Rules and Regulations for Water Service July 2023 14
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.
5.3.4. NOTICE OF DISCONTINUANCE (SHUT-OFF DUE TO NON-PAYMENT): 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 Board-adopted Fee Schedule.
5.3.5. 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.
5.4 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 Board-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.
5.5 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 Board-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:
5.5.1 Three (3) or more delinquent payments within a 12-month period;
5.5.2 Two (2) or more non-sufficient funds (NSF) or ACH rejection fee occurrences
within a 12-month period;
5.5.3 A single NSF or ACH rejection from a payment made on a delinquent account
after a Notice of Discontinuance has been posted; or
5.5.4 A single shut-off.
YLWD Rules and Regulations for Water Service July 2023 15
5.6 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.
5.7 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.
5.8 WATER THEFT, OBSTRUCTION, AND ENCROACHMENT:
5.8.1 UNAUTHORIZED USE OF SERVICES: Any Person using water 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, but not limited to locks and angle stops, and for any
associated charges. In no event shall any Person have access to water service
that has not been approved by the District. Tampering with District facilities is
illegal in accordance with U S Code Title 42 Section 300i-1 and 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 pursuant to the latest Board-adopted
Fee Schedule.
5.8.2 TAMPERING 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
Public Water System. Tampering with Meters, Fire Hydrants and other water
service facilities is a criminal offense and may be subject to all civil penalties,
actual costs of remediation, and such other fees and costs that may apply
pursuant to the latest Board-adopted Fee Schedule.
5.8.3 OBSTRUCTING DISTRICT FACILITIES PROHIBITED: No Person shall in any
way restrict or obstruct access to District facilities which include, without limitation
Meters, pipes, pumps, valves, Fire Hydrants, buildings, access points, air
vacuum devices, pressure regulators, or any other equipment or facility
connected to or in support of the District’s Public Water System. If any Person
YLWD Rules and Regulations for Water Service July 2023 16
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, 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.
5.8.4 EASEMENTS AND ENCROACHMENTS: It shall be the policy of the District to
preserve and enforce its property rights, including its Easements, and to prohibit
encroachment of its property or Easements. Please see the District’s
Encroachment Policy for more information.
5.8.5 ILLEGAL CONNECTIONS TO THE DISTRICT’S PUBLIC WATER SYSTEM: No
individual shall connect to the District’s Public Water System without application
and District approval. Tampering with District facilities is illegal in accordance
with U S Code Title 42 Section 300i-1 and California Penal Code Section 498.
Additionally, anyone illegally connecting to the District’s Public Water System
shall also be subject to all civil penalties, actual costs of remediation, and such
other fees and costs that may apply pursuant to the latest Board-adopted Fee
Schedule.
5.8.6 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 pursuant to the latest Board-adopted Fee
Schedule.
5.8.7 METER REMOVALAND REPLACEMENT: 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 Board-adopted Fee Schedule. Meter
tampering 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 actual costs that may
apply pursuant to the latest Board-adopted Fee Schedule.
4.
5.9 ONE-TIME ADJUSTMENT OF WATER BILL (ONSITE LEAKS)
5.9.1 A Customer request for a one-time adjustment to a water bill for units billed may
be considered if it is determined that a water leak has been discovered on the
Customer side of the Meter and the following conditions are met:
5.9.1.1 Proof of the repair of such leak must be provided;
YLWD Rules and Regulations for Water Service July 2023 17
5.9.1.2 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 the year; and
5.9.1.3 It has been at least five (5) years since a request for a one-time
adjustment has occurred for the Customer connection in question.
5.9.2 If the conditions above are met, the General Manager may approve the
adjustment pursuant to the following formula:
5.9.2.1 Determine what the Customer’s bill would have been had the leak not
occurred by averaging the Customer’s normal usage trend;
5.9.2.2 Determine which water source was utilized (imported or groundwater) to
serve our community for the billing period on the Customer’s bill;
5.9.2.3 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:
5.9.2.3.1 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;
5.9.2.3.2 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.
5.9.2.4 The Customer shall be charged the actual cost, above their average
usage, for the number of units consumed and measured by the bill.
5.9.3 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 Board Secretary at bodsecretary@ylwd.com within 30
days from receipt of the General Manager’s decision. The decision of the
General Manager or the Board, whichever is applicable, shall be conclusive and
final.
5.9.4 Filling of swimming pools is specifically excluded from consideration of a one-
time adjustment to a water bill.
SECTION 6. FINAL BILL, CHANGE OF ADDRESS AND METER FAILURE
6.1 Section 5 shall only apply to Customer connections.
6.1.1. 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, where the amount is delinquent unsecured
YLWD Rules and Regulations for Water Service July 2023 18
property taxes on which a certificate of lien has been recorded with the County
Recorder pursuant to Section 2191.3 of the Revenue and Taxation Code, may be
submitted to 3rd party collection agency and/or the Franchise Tax Board for
interagency intercept collection.
6.1.2. 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.
6.1.3. 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 7. WATER USAGE REGULATED
7.1 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.
7.2 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.
7.3 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.
7.4 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). If 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. If water pressures are in excess of any Consumer’s
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.
YLWD Rules and Regulations for Water Service July 2023 19
SECTION 8. MAINS, METERS, FIRE HYDRANTS AND MISCELLANEOUS
8.1 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
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.
8.2 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 emergencies. 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.
8.2.1 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 Board-adopted Fee Schedule and shall be included on the
Customer’s water bill.
8.3 METERS:
8.3.1 SIZING METERS: The District shall determine the size of the Meter required.
Where service conditions change, the District shall, through the General
Manager and at the District’s discretion, install a Meter of proper size to meet the
changed conditions. The District shall then bill or refund the Customer as
required.
8.3.2 RIGHT TO METER: The District reserves the right to Meter any service and
apply the latest Board-adopted established rates.
8.3.3 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.
8.4 CHANGE OF METER:
8.4.1 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.
8.4.2 CURRENT COST OF METER: The current cost of a Meter as used above shall
be pursuant to the latest Board-adopted Fee Schedule.
8.4.3 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
YLWD Rules and Regulations for Water Service July 2023 20
service line size, it shall be the Consumer’s responsibility to construct the new
service line.
8.5 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
the 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.
8.6 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 its sole discretion, the District may relocate any Meter .
Where the District, in its sole discretion, determines that a Meter must be placed upon a
Customer’s private Premises, the District (a) may do so as a condition of providing or
continuing to provide water service, and (b) will require an Easement on the Customer’s
private Premises as described next.
8.7 METERS INSIDE PREMISES: Where a water Meter is placed inside the Premises of a
Customer, Customer shall grant the District an Easement on the Customer’s private
Premises so the District can access, operate, maintain, repair, and replace the Meter.
The Easement shall be 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). If the Customer
fails to grant such an Easement, the District, in its sole discretion, may remove the Meter
and withhold service. Meters shall not be located inside any structure, home, or building.
8.8 CUSTOMER’S RESPONSIBILITY: The Customer, not 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 placed inside
any private Premises; (b) leakage, breakage, or seepage from any pipe placed 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 placed inside private Premises.
8.9 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.
8.10 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
YLWD Rules and Regulations for Water Service July 2023 21
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 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 Fire Hydrant shall be used only to: (a) turn the service on and off at the
beginning and end of service from the Fire 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.
8.11 FIRE HYDRANTS, CANCELLATION OF PERMIT: In its sole discretion, the District may
cancel a permit for the use of water through the Fire Hydrants on evidence that the
permit holder is or has violated the permit. Such cancellation shall be in writing delivered
or mailed to the permit holder and shall be immediately effective and enforced.
8.12 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 Fire Hydrant, 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. Fire Hydrants must have a minimum clearance radius of
five (5) feet.
8.13 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 9. BACKFLOW PREVENTION PROGRAM
9.1 DEFINITIONS OF TERMS
9.1.1 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.
9.1.2 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 of the Potable Water.
9.1.3 CROSS-CONNECTION: Any unprotected (actual or potential) connection
between the District’s Public Water System and any non-Public Water System or
source containing non-Potable W ater. Examples of Cross-Connections include,
but are not limited to, by-pass arrangements, jumper connections, removable
sections, swivel or changeover devices, or other devices through which Backflow
could occur.
9.1.4 DOUBLE CHECK VALVE ASSEMBLY: An assembly of at least two (2)
independently acting check valves including: (a) tightly closing shut-off valves on
YLWD Rules and Regulations for Water Service July 2023 22
each side of the check valve assembly; and (b) test cocks available for testing
the water tightness of each check valve.
9.1.5 HEALTH AGENCY: The State Water Resources Control Board, Department of
Drinking Water, or the county or city health authority with respect to a small water
system.
9.1.6 RECLAIMED WATER: Wastewater which, as a result of treatment, is suitable for
uses other than use as Potable Water.
9.1.7 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.
9.2 PURPOSE: The purpose of this Backflow Prevention Program (“Program”) is: (a) to
protect the District’s 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 the District’s Public W ater Systems and other sources of
non-Potable Water; (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”.
9.3 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; or (b) 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 District’s Public
Water System and/or the service of water pipes or fixtures of any Customer.
9.3.1 GENERAL PROVISIONS:
9.3.1.1 Unprotected Cross-Connections with the District Public W ater System
are prohibited.
9.3.1.2 Whenever Backflow protection has been found necessary, the
Customer shall install an Approved Backflow Prevention Device at the
Customer’s expense for continued services or before a new service
shall be granted.
9.3.1.3 Whenever Backflow protection has been found necessary on a water
supply line entering a Customer’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, which shall be installed in accordance with this Program.
YLWD Rules and Regulations for Water Service July 2023 23
9.3.1.4 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.
9.3.1.5 These provisions shall be in addition to and not in lieu of the controls
and requirements of other regulatory agencies, such as Health
Agencies. These provisions are intended to protect the District’s Public
W ater System and are not intended to provide regulatory measures for
the protection of Customers from hazards of Cross-Connections within
their own Premises. Notwithstanding this Program, the District accepts
no responsibility for Cross-Connections or resulting hazards or
Contamination.
9.3.2 WHERE PROTECTION IS REQUIRED:
9.3.2.1 Each Service Connection from the District Public Water System to
Premises having an auxiliary water supply, whose potability is not
regulated by a Health Agency, shall be protected against Backflow of
water from the Premises into the Public Water System unless the
auxiliary water supply is both accepted as an additional source by the
District and approved by the Health Agency having jurisdiction.
9.3.2.2 Each Service Connection from the District’s Public W ater System to any
Premises on which any substance is handled in such fashion as may
allow it to enter into the Pubic Water 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’s Public W ater System, which have been subjected to
deterioration in sanitary quality.
9.3.2.3 Approved 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 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.
9.3.3 TYPE OF PROTECTION REQUIRED:
9.3.3.1 The type of protection that shall be provided to prevent Backflow into
the District’s Public W ater System shall commensurate with the degree
of hazard that exists on the Customer’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 Customer may choose a higher level
YLWD Rules and Regulations for Water Service July 2023 24
of protection than required by the District. The minimum type of
Backflow protection required to protect the District’s Public W ater
System at the Customer’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
Service Connections 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 Contamination. In such cases, the installation of
Approved Backflow Devices at such Service Connections shall be
required. Situations that 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.
9.4 BACKFLOW PREVENTION DEVICES
9.4.1 APPROVED BACKFLOW PREVENTION DEVICES: Only Backflow prevention
devices which have been approved by the District shall be acceptable for
installation by a Customer connected to the District’s Public W ater System. The
District shall provide, upon request, a list of Approved Backflow Prevention
Devices.
9.4.2 BACKFLOW PREVENTION DEVICE INSTALLATION: Approved Backflow
Prevention Devices shall be installed in a manner prescribed in Sections 7602
and 7603 of the Title 17 California Administrative Code. Per District standard
drawings, location of the Approved Backflow Prevention Devices should be as
close as practical to the Customer’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 an Approved Backflow Prevention Device. All Approved
Backflow Prevention Device installations shall be in accordance with the District
Standard Specifications for Construction of Water Mains, latest edition.
Maintenance and repair of Approved Backflow Prevention Devices are the
responsibility of the Customer and not the District.
9.4.3 APPROVED BACKFLOW PREVENTION DEVICE TESTING AND
MAINTENANCE:
9.4.3.1 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
Backflow prevention 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
Backflow prevention device shall be placed back in service unless it is
functioning as required. A report in a form acceptable to the District
YLWD Rules and Regulations for Water Service July 2023 25
shall be filed with the District each time a Backflow prevention device is
tested, relocated, or repaired. These Backflow prevention 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 Customer.
9.4.3.2 The District shall supply affected Customers 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
Backflow prevention device is needed and also supply Customers with
the necessary forms which must be filled out each time a Backflow
prevention device is tested or repaired.
9.4.3.3 The District may randomly test Backflow prevention devices at no cost
to the Customer. This testing shall in no way relieve the Customer from
responsibility for maintaining functional Backflow prevention devices but
shall serve to help assure that the Program is serving its intended
purpose.
9.4.4 BACKFLOW PREVENTION DEVICE REMOVAL: Approval must be obtained
from the District before a Backflow prevention device is removed, relocated, or
replaced.
9.4.4.1 REMOVAL: The use of a Backflow prevention device may be
discontinued and the Backflow prevention 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.
9.4.4.2 RELOCATION: A Backflow prevention 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 shall be required following the relocation of the Backflow
prevention device.
9.4.4.3 REPAIR: A Backflow prevention device may be removed for repair,
provided the water use is either: (a) discontinued until repair is
completed and the Backflow prevention 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 Backflow prevention device.
9.4.4.4 REPLACEMENT: A Backflow prevention 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.
YLWD Rules and Regulations for Water Service July 2023 26
9.4.4.5 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.
9.4.5 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
Customer. This user supervisor shall be responsible for the monitoring of the
Backflow prevention devices and for the avoidance of Cross Connections. In the
event of Contamination 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
Customer 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.
9.5 ADMINISTRATIVE PROCEDURES
9.5.1 WATER SYSTEM SURVEY:
9.5.1.1 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
Contamination as a condition of service for new Service Connections. If
it is determined that an Approved Backflow Prevention Device is
necessary to protect the Public W ater System, the required Approved
Backflow Prevention Device must be installed before service shall be
granted.
9.5.1.2 On-Premise inspection to evaluate possible Cross-Connection
Contamination is a requirement under Title-17 Public Health, California
Administrative Code, regulations relating to Cross Connections, Section
7584 (b), (c), and (d). The District shall transmit a written notice
requesting an inspection appointment to each affected Customer. Any
Customer which cannot or will not allow an on-Premise inspection of
their auxiliary water supply system, whose potability is not regulated by
a Health Agency, shall be required to install the an Approved Backflow
Prevention Device that the District considers necessary.
9.5.1.3 The District may, in its discretion, require a re-inspection for Cross-
Connection Contamination of any Premises to which it serves water.
The District shall transmit a written notice requesting an inspection
appointment to each affected Customer. Any Customer which cannot or
will not allow an on-Premise inspection of their auxiliary water supply
system, whose potability is not regulated by a Health Agency, shall be
required to install the Approved Backflow Prevention Device that the
District considers necessary.
9.5.2 CUSTOMER NOTIFICATION — DEVICE INSTALLATION:
YLWD Rules and Regulations for Water Service July 2023 27
9.5.2.1 The District shall notify the Customer 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
Approved Backflow Prevention Devices.
9.5.2.2 A second notice shall be sent to each Customer who does not take the
required corrective action prescribed in the first notice within the 60
days period allowed. The second notice shall give the Customer 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 Customer until the required corrective actions are taken.
9.5.3 CUSTOMER NOTIFICATION — TESTING AND MAINTENANCE:
9.5.3.1 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 Customer 30 days to have the
Backflow prevention device tested and supply the Customer with the
necessary form to be completed and resubmitted to the District.
9.5.3.2 A second notice shall be sent to each Customer who 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 Customer until the subject
Backflow prevention device is tested.
9.5.4 BACKFLOW DEVICE MONITORING FEE: Refer to Section 7.
9.6 WATER SERVICE TERMINATION:
9.6.1 GENERAL: When the District encounters conditions or water uses, which are
listed below, that represent a clear and immediate hazard to the District’s Public
Water System that cannot be immediately abated, the District shall institute the
water service termination procedures described below discontinue the District’s
water service.
9.6.2 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:
9.6.2.1 Refusal to install an Approved Backflow Prevention Device.
9.6.2.2 Refusal to test a Backflow prevention device.
9.6.2.3 Refusal to repair a faulty Backflow prevention device.
9.6.2.4 Refusal to replace a faulty Backflow prevention device.
YLWD Rules and Regulations for Water Service July 2023 28
9.6.2.5 Direct or indirect connection between the District’s Public W ater System
and a sewer line.
9.6.2.6 Cross-Connection.
9.6.2.7 Intentional or accidental interference with or intrusion into the District’s
Public W ater System.
9.6.2.8 A situation that presents an immediate health hazard to the Public
W ater System.
9.6.3 WATER SERVICE TERMINATION PROCEDURES:
9.6.3.1 If one or more of the conditions or water uses listed in Section 8.6.2 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.
9.6.3.2 If one or more of the conditions or water uses listed in Section 8.6.2 are
found, the District shall take the following steps:
A. Make reasonable effort to advise the Customer of intent to
terminate water service;
B. Terminate water supply and lock service valve. The water
service shall remain inactive until correction of the conditions
and/or water uses have been approved by the District.
9.6.3.3 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 pursuant to the latest
Board-adopted Fee Schedule.
SECTION 10. WATER MAIN EXTENSION POLICY
10.1 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 not only these Rules and Regulations
but the District’s Rules and Regulations for Sewer Service.
10.2 FEES, CHARGES, AND EASEMENTS: Prior to the General Manager signing the
Specifications 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. Non-
District improvements (permanent, temporary, or mobile) are not permitted within the
Easement area, unless approved by the Board of Directors and/or the General Manager
as appropriate.
YLWD Rules and Regulations for Water Service July 2023 29
10.3 EASEMENT QUITCLAIM: The District shall consider a Customer’s request to quitclaim
an existing Easement to the property owner provided that:
10.3.1 No existing District facilities are within the Easement; or
10.3.2 All District facilities have been abandoned, and no active facilities, are within the
Easement; and
10.3.3 The District has no future plans to install District facilities within the Easement;
and
10.3.4 General Manager provides approval.
10.3.4.1 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.
10.4 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
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
distribution pipelines, exclusive of Service Connections, beyond existing Offsite
Facilities.
10.4.1 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
provided to 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.
10.4.2 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.
10.5 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 District 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
YLWD Rules and Regulations for Water Service July 2023 30
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.
10.6 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.
10.7 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.
10.8 APPROVAL TO CONSTRUCT WATER FACILITIES: The following requirements must
be met before the District will approve the construction of water facilities. To the extent
permitted by, and consistent with, State law, the District requires a Performance and a
Warranty Bond in the amount of 100% of the cost of construction for each bond to be
provided for all W ater facilities installed by applicants. The purpose of the Performance
Bond is to guarantee that the applicants will fulfill the terms of the agreement. The
purpose of the Warranty Bond is to guarantee the installation of the Water facilities
against leaks, breaks, other defects and or settlement backfill for a period of twelve
months from the date of acceptance by the District. The District’s bond requirements can
be met by providing a Surety Bond or by using the option of depositing, with the District,
cash in the full amount of Surety Bond amount. Applicant shall also comply with all
requirements of the District, including payment of all fees 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.
10.9 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.
10.10 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.
YLWD Rules and Regulations for Water Service July 2023 31
10.11 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:
10.11.1 Standard Specifications and Drawings for Construction of Domestic Water and
Sewer Facilities
10.11.2 Will Serve Letter for Water Service
10.11.3 District Terms and Conditions for Water and Sewer Service
10.11.4 Water Service Agreement between the District and the Customer
SECTION 11. SERVICE FOR PROPOSED DEVELOPMENTS THAT INCLUDE
AFFORDABLE HOUSING
11.1 The District shall grant a priority for the provision of water services to proposed
developments that include housing units affordable to lower income households, in
accordance with and to the extent required by California Government Code Section
65589.7, taking into account all of the following:
11.1.1 Regulations and restrictions adopted pursuant to California Water Code Division
1, Chapter 3 (commencing with Section 350), relating to water shortage
emergencies.
11.1.2 Plans, documents, and information relied upon by the District that provide a
reasonable basis for making service determinations.
11.2 In accordance with California Government Code Section 65589.7, the District shall not
deny or condition the approval of an application for services to, or reduce the amount of
services applied for by, a proposed development that includes housing units affordable
to lower income households unless the District makes specific written findings that the
denial, condition, or reduction is necessary due to the existence of one or more of the
following:
11.2.1 The District does not have “sufficient water supply,” as defined in California
Government Code Section 66473.7(a)(2), or is operating under a water shortage
emergency as defined in California Water Code Section 350, or does not have
sufficient water treatment or distribution capacity, to serve the needs of the
proposed development, as demonstrated by a written engineering analysis and
report.
11.2.2 The District is subject to a compliance order issued by a state, regional, or local
agency that prohibits new water Service Connections.
11.2.3 The District does not have sufficient treatment capacity, as demonstrated by a
written engineering analysis and report on the condition of the treatment, to serve
the needs of the proposed development.
YLWD Rules and Regulations for Water Service July 2023 32
11.2.4 The applicant has failed to agree to reasonable terms and conditions relating to
the provision of service generally applicable to development projects seeking
service from the District, including, but not limited to, the requirements of local,
state, or federal laws and regulations or payment of a fee or charge imposed
pursuant to California Government Code Section 66013.
SECTION 12. PROTECTION FROM DAMAGE
12.1 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 under U.S. Code Title 42 Section 300i-1 and
a State offense under California Penal Code Section 498.
12.2 Minimum Utility Facilities Separation. The District and other public and private utilities
use the same public right-of-way to install surface and subsurface facilities and therefore
compete for the same space for use by their respective facilities. Unless a minimum
separation between facilities is established, the District may incur (a) damage to the
District’s Public Sewer System during or after installation of other utilities’ facilities, (b)
cost related to future maintenance and repair of the District’s Public Sewer System, and
(c) potential adverse impacts (e.g., service interruption, financial) to District Customers.
To mitigate or avoid these potential outcomes, (a) there shall be a minimum horizontal
and vertical separation of 30 inches between the outer edge of the District facilities and
the outer edge of the utility’s facilities, and (b) all utilities shall release and indemnify the
District for any damage caused by District to another utility’s facilities installed within the
30-inch separation after the adoption date of these Rules and Regulations.
SECTION 13. POWERS AND AUTHORITY OF INSPECTORS
13.1 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 Premises owner, or their designated
representative, provides an invitation to enter Premises.
13.2 The General Manager and other duly authorized employees of the District, bearing
proper credentials and identification, shall be permitted to enter all private Premises
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
Premises involved.
13.3 An official District issued identification card shall be carried by all District employees, and
shall be available upon request of Premises owner or the designated representatives, if
required to enter private Premises.
YLWD Rules and Regulations for Water Service July 2023 33
SECTION 14. VIOLATIONS
14.1 Any Person found to be violating California law and/or any provision of these Rules and
Regulations shall be served by the District with written notice (a) stating the nature of the
violation and (b) providing a reasonable time limit, which the District will determine in its
sole discretion, for the satisfactory correction thereof. The violator shall, within the period
of time stated in such notice, permanently cease all violations.
14.2 Any Person who continues any violation beyond the time limit provided may, in the
District’s sole discretion, have their water service discontinued. Reinstatement of water
service shall be made only on correction of the violation and payment of all applicable
fees.
14.3 Any Person violating California law and/or any of the provisions of these Rules and
Regulations shall become liable to the District for any expense, loss, or damage incurred
by the District by reason of such violation.
14.4 District may assess monetary penalties pursuant to the latest Board-adopted Fee
Schedule
SECTION 15. VALIDITY
15.1 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.