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HomeMy WebLinkAbout2016-08-11 - Resolution No. 16-15 RESOLUTION NO. 16-15 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING THE RULES AND REGULATIONS FOR WATER SERVICE AND RESCINDING RESOLUTION NO. 12-05 WHEREAS, the Board of Directors have, from time to time, amended the Rules and Regulations for water service, most recently of which was by Resolution No. 12-05; and WHEREAS, it is the desire of the Board of Directors to amend these Rules and Regulations to reflect current practice. NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows.- Section ollows:Section 1. That the Rules and Regulations for Water Service, attached as Exhibit A and by this reference incorporated herein, are hereby adopted. Section 2. That Resolution No. 12-05 is hereby rescinded immediately upon adoption of this Resolution. PASSED AND ADOPTED this 11th day of August 2016 by the following called vote: AYES: Directors Beverage, Collett, Hawkins, Kiley and Melton NOES: None ABSTAIN: None ABSENT: None Ric Collett, President Yorba Linda Water District ATTEST: Marc Marcantonio, Board Secretary Yorba Linda Water District Resolution No. 16-15 Adopting the Rules and Regulations for Water Service 1 Reviewed as to form by General Counsel: Arthur G. Kidman sq. Kidman Law LLP` Resolution No. 16-15 Adopting the Rules and Regulations for Water Service 2 RULES AND REGULATIONS FOR WATER SERVICE August 2016 TABLE OF CONTENTS Section 1……………………………………………………………………….Definition of Terms Section 2………………………………………………………………………Service Connections Section 3………………………………………………………………….Fees, Rates and Deposits Section 4………………………………………………………………………...Billing Procedures Section 5…………………………………………………………………...Water Usage Regulated Section 6…………………………………………………………Mains, Meters and Fire Hydrants Section 7…………………………………………………………….Backflow Protection Program Section 8…………………………………………...Policy on Water Main and Service Extensions Section 9………………………………………………………………….Protection from Damage Section 10……………………………………………………..Powers and Authority of Inspectors Section 11………………………………………………………………………………..Violations Section 12………………………………………………………………………………….Validity SECTION 1: DEFINITION OF TERMS Unless otherwise specifically defined herein, or unless the context requires a different meaning, all words, terms and phrases shall be construed according to their ordinary meaning. Unless the context specifically indicates otherwise, the meaning of terms used in these Rules and Regulations shall be as follows: 1.1 BOARD OF DIRECTORS or BOARD: The Board of Directors of the Yorba Linda Water District. 1.2 CONNECTION FEE: Shall mean the charge imposed by the District to obtain water service from the District by means of its water facilities. 1.3 CUSTOMER OR CONSUMER: A person of record receiving water service from the District. 1.4 DATE OF PRESENTATION: The date upon which a bill or notice is mailed or delivered to the customer. 1.5 DISTRICT: The Yorba Linda Water District. 1.6 DOMESTIC SERVICE: Provision of water for household residential purposes, including water for sprinkling lawns, gardens and shrubbery, water livestock, washing vehicles, and other similar and customary purposes. 1.7 EASEMENT: A property right for the District to use and/or enter onto the real property of another to install, construct, reconstruct, remove, inspect, maintain, repair, replace, improve, relocate a pipeline or pipelines, or other District improvements. 1.8 EMPLOYEE: The term “employee” shall include any person employed by the District and designated by the General Manager of the District to perform work and labor for the District, excluding contractors and their employees. 1.9 GENERAL MANAGER: The person appointed by the Board of Directors of the District as the executive officer of the District. 1.10 JUMPER: Plastic pipe, temporarily used in lieu of a meter during final construction. Not permitted for use within District boundaries, per Section 2 herein. 1.11 MAIN EXTENSION: Extension of distribution pipelines, exclusive of service connections, beyond existing facilities. 1.12 MAINS: Distribution pipelines located in streets, highways, public ways or private rights-of-ways which are used to serve the general public. 1.13 METER: Water use measuring device approved by the District. 1.14 PERSON: The term “person” means an individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution. 1.15 “PH”: The common logarithm of the reciprocal of hydrogen ions in grams per liter of solution. 1.16 PLANS: Detailed design sheets with plan and profile of proposed water construction shown in sufficient detail so that it can be constructed, after District approval. 1.17 PREMISE: The term “premise” means any and all areas on a customer’s property which is served or has the potential to be served by the public water system. 1.18 QUITCLAIM: A release by the grantor, or conveyor of the deed (typically the District), of any easement interest the grantor may have in the property described in the deed. 1.19 SECTIONS: The parts into which these rules are divided. 1.20 SERVICE CONNECTION: This includes the tapping connection, the pipe, valves, meter, and other facilities by means of which water is conducted from the distribution main to the outlet side of the meter and the beginning of the consumer’s pipe. 1.21 “SHALL”: is mandatory, “May” is permissive. 1.22 SPECIFICATIONS: The Standard Plans and Specifications for the Construction of Water Facilities in the Yorba Linda Water District. 1.23 TECHNICAL TERMS: Unless otherwise specifically defined herein, or unless the context requires a different meaning, all words, terms and phrases having a well-known or technical meaning shall be so construed. 1.24 TEMPORARY CONSTRUCTION METERS: Measuring devise installed on Fire Hydrants to provide construction water. 1.25 TEMPORARY SERVICE: Water service existing or effective for a finite period of time; not permanent. 1.26 TRAFFIC RATED METER BOX: A meter box that will withstand traffic load forces of 16,000 lbs. per wheel, as defined by the American Association of State Highway and Transportation Officials (AASHTO). 1.27 UNDERGROUND SERVICE ALERT: “USA” is an information center that notifies its members of impending excavation at or near their underground installations. California law makes it mandatory for all those who plan to do any digging or excavating to inform a regional notification center such as USA at least two days in advance. USA can be contacted at 1-800-422-4133. 1.28 WATERCOURSE: A channel in which a flow of water occurs, either continuously or intermittently. SECTION 2: SERVICE CONNECTIONS 2.1 APPLICATION FOR SERVICE CONNECTION: An application for a 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. The applicant will be charged for the installation and materials cost pertaining to the service connection in accordance with the latest adopted Water Development and Customer Service Fees Resolution. 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, shall cause the installation of a service connection that is improper whether in size or location, the cost of all changes required shall be borne by the applicant. After all fees are paid, in conformance with the Billing Procedures section, and when a service connection is installed and the meter is set, and the application for water service has been approved by the District monthly charges for water service shall begin. See the Billing Procedures section for application and billing information. Service connections shall be provided in accordance with Resolution No. 06-04. 2.2 FIRE PROTECTION SERVICE LINES: Provisions of water to premises for automatic Fire protection. 2.3 SEWER SERVICE: All applicants for water service shall also comply with the Rules and Regulations of the Yorba Linda Water District for Sewer Service. 2.4 SERVICES TO SEPARATE PREMISES: Each house or building under separate ownership must be provided with its own service connection or connections. Two or more houses, or buildings under one owner, on the same lot or parcel of land may be supplied through one service connection, or a separate service connection may be installed for each building (at the applicant’s expense). 2.5 NUMBER OF BUILDINGS ON SINGLE SERVICE: The District reserves the right to limit the number of houses, buildings, and living or business quarters, or the area of the land under one owner, to be supplied by one service connection. 2.6 SERVICE OWNERSHIP WHEN PROPERTY IS SUBDIVIDED: When property provided with a single service connection is subdivided the service connection shall be considered as belonging to the lot or parcel of land which it directly enters or the property which is first served in the event the consumers pipe crosses other property to reach the property to be served. The District shall require new developments, or structures, within the subdivided lots, requiring potable water service, to install a separate water service(s) at the owner’s expense. 2.7 SERVICE CONNECTION SUPPLYING ADJOINING PROPERTY: A service connection shall not, at any time, be used to supply water to a different property that has its own established service connection. 2.8 INTERFERING WITH WATER FACILITIES: No person shall, without the permission of the General Manager or appointed agents, remove, change, disturb, or in any way tamper with or interfere with any of the facilities, apparatus, appliances or property used or maintained for the production, storage, or supply of water by the District to consumers thereof; nor shall any person without the permission of the General Manager install any pipe, apparatus, appliance or connection to any part of the system of the District. Tampering with water meters and other water service facilities is a criminal offense. 2.9 SINGLE WATER SERVICE CONNECTION OR TERMS AND CONDITIONS: Developments with one or two lots shall apply for a Single Water Connection Application Permit, with a separate meter to each lot, per the application requirements. Developments with three or more lots shall apply for Terms and Conditions, with a separate meter to each lot, per the application requirements. 2.10 JUMPER: Jumpers are not permitted for use at the District. A District approved meter must be installed in lieu of jumper. Installed meter shall be protected to avoid damage during construction. Installed meter will be subject to the latest monthly consumption fee billings through District Customer Service. 2.11 METER REPLACEMENT: In the event a meter is worn out prior to its twenty (20) year expected life due to excessive or non-standard usage, the charge for replacement or repair shall be the sole responsibility of the customer and shall include the costs associated with the labor and materials, pursuant to the latest adopted Water Development and Customer Service Fees Resolution, prorated to the twenty (20) year life expectancy. SECTION 3: FEES, RATES, AND DEPOSITS 3.1 METER CONNECTION FEE: Each applicant shall pay the District the applicable Meter Connection Fees pursuant to the latest adopted Water Development and Customer Service Fees Resolution, before applicant is allowed to commence work related to water service by the District: 3.1.1 METERS UP TO 2 INCHES: The District shall charge and collect in advance, a Meter Fee for the installation of water meters up to 2 inches in size. A traffic rated meter box shall be required for meter settings where, in the District’s opinion, the box is subjected to vehicle traffic, e.g. in driveways or parking lots. The extra charge for traffic rated meter box shall be added to the Meter Fee. The District requires the installation of radio read meters. The fee for radio read meters shall be as identified in the latest Water Development and Customer Service Fees Resolution. The Meter Fee shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 3.1.2 METERS LARGER THAN 2 INCHES: Meters larger than 2 inches shall be installed for a sum equal to the actual cost of labor and materials to install such meter and appurtenances plus overhead. The cost of such installation shall be estimated by the District, and such estimated cost shall be paid by the applicant to the District before the work of connecting the main with the property is commenced. Whenever the estimated cost is not sufficient to cover the total expense for labor, material, and overhead, the deficit shall be charged to and paid by applicant. Any excess payment shall be returned to the applicant. A traffic rated box shall be required for meter settings where, in the District’s opinion, the box is subjected to vehicle traffic, e.g. in driveways or parking lots. The extra charge for traffic rated meter boxes shall be added to the Meter Fee. The District requires the installation of radio read meters. The fee for radio read meters shall be as identified in the latest adopted Water Development and Customer Service Fee Resolution. 3.1.3 TEMPORARY CONSTRUCTION METERS: When a temporary construction meter is requested, and service can be provided by a standard fire hydrant type of construction meter, the applicant shall deposit an amount pursuant to the latest adopted Water Development and Customer Service Fees Resolution. For any temporary service other than a fire hydrant type of construction meter, the applicant shall be responsible for installation and removal of all pipes, valves, fittings and appurtenances required for installation of a non-standard fire hydrant construction meter. A separate fee, pursuant to the latest adopted Water Development and Customer Service Fees Resolution, shall apply for movement of the meter to a new location. Construction meter deposit, paid to the District at the current rate, is required. Construction meters issued shall be used in conjunction with attached, approved portable backflow devices (RP) as defined in Table 1 herein. Construction meter shall be secured, by District staff, with a District provided chain and lock, at a location approved by District staff. Tampering with a temporary construction meter will result in termination and payment of current fees per the latest adopted Water Development and Customer Service Fees Resolution. 3.2 ADDITIONAL SERVICE FEES: If applicable, each District approved application shall include the following additional service fees - in accordance with the latest adopted Water Development and Customer Service Fees Resolution, paid in full to the District, before applicant is allowed to commence water service related work: 3.2.1 ADMINISTRATIVE FEE: An Administrative Fee shall be imposed on a per job basis for each application and shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 3.2.2 PLAN CHECK FEE: A Plan Check Fee shall be imposed on a flat fee basis for each service connection identified in the application and shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 3.2.3 INSPECTION FEE: An Inspection Fee shall be imposed on a per connection basis for each service connection identified in the application and shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 3.2.4 RECORDS AND BILLING FEE: A Records and Billing Fee shall be imposed on a per connection basis for each service connection identified in the application and shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 3.2.5 SINGLE SERVICE FEE: A Single Service Fee shall be imposed on a service connection, to a single lot where the water main already exists. The Single Service Fee shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 3.2.6 GIS DATA CONVERSION FEE: A GIS Data Conversion Fee shall be imposed, or each individual job, for each application and shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 3.3 INSTALLATION BY APPLICANT: The applicant shall be responsible for installation costs of all pipe, valves, fittings, fire hydrants, service lines and appurtenances required to obtain water service from the District. District staff shall install the meter. Applicant shall indemnify and hold the District, its Directors, officers and employees harmless from any loss or damage that may be directly occasioned by the installation of the water facilities. All materials, and installation, shall conform to the District’s Standard Plans and Specifications, and shall be subject to the inspection and acceptance by the District. 3.4 WATER RATES: The water rates shall be charged and collected monthly pursuant to the latest adopted Setting Water Rates Resolution. 3.4.1 PERMANENT UNTREATED WATER SERVICE: Permanent untreated water service is only available in accordance with the latest adopted terms and conditions for Untreated Full water service as adopted by the Municipal Water District of Orange County. To qualify for this class, the customer will pay all costs to connect to the Municipal Water District of Orange County untreated water supply, and own and operate their own, independent, water system that is completely separate and apart from the District’s domestic water system; comply with the latest adopted version of the District’s Water Rules and Regulations, including any Water Management Programs; and implement all reasonable and available reliable water use efficiency methods, as determined by the District. 3.5 TEMPORARY SERVICE: Application shall be made to the District for temporary service desired by licensed contractors for water to be used for limited, temporary needs, such as street rehabilitation work. Upon receipt of a completed application and payment of the applicable construction meter deposit, a construction meter shall be made available for use. The deposit shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. All temporary construction meters shall be locked, by District staff only, onto the single hydrant location as specified by the applicant at the time the application is submitted. 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 meter, as defined in Section 3, is pursuant to the latest adopted Water Development and Customer Service Fees Resolution. Applicants on file will receive a monthly invoice for the rental of the temporary construction meter and metered water usage. Unauthorized and unmetered water usage and tampering with potable water facilities is a Federal offense in accordance with U S Code Title 42 Section 300i-1. If in the determination of the District that the setting of a meter is impracticable or uneconomical or if in the event of water shortage, water rationing or a general emergency the application for temporary service may be denied. 3.5.1 TEMPORARY UNTREATED WATER: Application shall be made to the District for all temporary untreated water received directly through Metropolitan Water District and the Municipal Water District of Orange County for construction only. The fee for Temporary Untreated Water shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 3.6 PRIVATE FIRE SERVICE RATES: The monthly rates for private fire service protection shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 3.7 PRIVATE FIRE PROTECTION: The applicant shall furnish and install all piping, valves, regulators, appendages, fire detector check (commercial applications), backflow prevention device and/or other approved devices, in accordance with the latest District Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities, and in accordance with the Backflow Prevention Program section herein. The by-pass meter and line will be specified by the District. 3.8 CHANGE OF METER LOCATION: Any person desiring to change the location of a service that has already been installed shall make application to the District. The District, at its discretion, may install such changes upon the applicant payment in advance for the related cost of time and materials. 3.9 CHANGE OF FIRE HYDRANT OR AIR VACUUM/AIR RELEASE VALVE LOCATION: Fire hydrants and Air Vacuum/Air Release Valves shall be installed in the location specified by the District. If a property owner or other party desires a change in the size, type or location of such fire hydrants or Air Vacuum/Air Release Valves, they shall file a written application with the District and comply with these Rules and Regulations. Any change in the location of a fire hydrant or Air Vacuum/Air Release Valve must be approved by the District and shall not adversely impact surrounding properties. 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 requesting party. SECTION 4: BILLING PROCEDURES 4.1 GENERAL: All accounts are billed at monthly intervals. Applicants desiring to establish water service shall make applications for water service at the District office during regular business hours. The District accepts applications for service verbally, via the telephone, or in person. The applicant will be required to provide the following information per account: 1. Name of applicant (Indicate whether owner or tenant). 2. Applicant’s Social Security number, valid state issued driver’s license number, and date of birth. 3. Date service is required. 4. Address of service location. 5. Applicant’s mailing address, email address and customer authorized telephone number(s). 6. Commercial accounts will provide adequate personal/corporate EIN #. 7. Other information as the District may reasonably require. 4.2 NEW ACCOUNT SETUP FEE: The District will 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 or a change of name which requires opening a new account. 4.2.1 Twenty-four hour notification is required for all service requests. The service request shall be processed and scheduled. If the request for service is made less than twenty-four hours prior, a service fee may be assessed. All fees are pursuant to the latest adopted Water Development Customer Service Fees Resolution. 4.2.2 Applicants who contact the District after hours to turn on water service without an active application will be assessed an after-hours fee and are required to complete an application as stated above and meet all requirements by the next regular business day. The charge for callouts of District representatives for the purpose of reestablishment of water service, after normal business hours and on holidays, shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 4.3 WATER BILLS, BILLING PERIOD, DUE DATES AND ADDITIONAL SERVICES: The billing period, charges for additional services and required deposits are as follows: 4.3.1 BILLING PERIOD: This is to be based on monthly meter reads, normally between 28 and 35 days apart. All invoices are due and payable upon mailing and shall become delinquent if not paid within 27 days from the billing date. 4.3.1.1 If, due to reasons beyond the District’s control, the District is unable to read the customer’s meter on the scheduled reading date, the District may bill the customer for estimated consumption during the bill period and make any necessary corrections once the actual meter read is obtained. Estimated consumption will be calculated based on the customer’s prior usage history and seasonal changes. 4.3.1.2 Customers who are enrolled in online bill presentment are notified via email when their bill is ready to view. It is the customer’s responsibility to view their emails and provide an accurate email address. The District is not responsible for notifying the customer of bounced emails. 4.3.1.3 District accepts payments in the form of cash, cashier’s check, money order, personal check, business check, electronic Automated Clearing House (ACH) transactions, online credit card payments made via District website or credit card via phone. 4.3.1.4 All returned checks shall be considered as non-payment. All online payments made through the District’s online bill presentment program that are returned due to invalid bank account information, or because of a maximized and/or expired credit card, shall be considered non-payment and subject to a returned item fee. 4.3.1.5 The District will apply payments to the oldest debt due. 4.3.1.6 No two party checks are accepted. 4.3.1.7 The customer shall be assessed a returned item fee for all returned payments (see current fee schedule). All returned payments shall be considered as non-payment. 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 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 will be subject to immediate disconnection of service in addition to all applicable disconnection fees. The referenced account will be placed on a “cash only” status upon notification from the banking institution of a third returned item within a consecutive 12-month period. The referenced account will retain the “cash only” status for a period of one full year. 4.3.2 DELINQUENT PAYMENTS: An account will be considered delinquent if payment of a water bill is not received by the 27th day from the billing date. A late fee charge will be immediately assessed upon the past due amount if the account is not paid in full by the 27th day after the bill is generated. This fee will be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. Payments dropped off after normal business hours and pending online payments, after the passing of the 27th day, will be considered to be delinquent. Accounts remaining unpaid 44 days from the billing date shall be subject to discontinuance of service. Inability to pay is not considered a valid reason for non-payment. All bills are considered delivered after mailing via US Postal Service or Internet email and the District is not responsible for non-receipt or non-delivery. Any payment envelope received by the District without a payment enclosed or with an unsigned check, shall be considered as non-payment. 4.3.3 LATE PAYMENT FEE: A charge equal to ten percent (10%) of current charges shall be levied against any account if payment is not received by the District on the 27th day from the billing date. Customers will receive notification of levied late fee(s) and past due balance. The customer will be provided with a 15 day written notice of delinquency and impending termination by mail. Assessed late fees may be waived at the discretion of District management, as a one-time courtesy, due to a life changing event. 4.3.4 NOTICE OF DISCONTINUANCE: Notice of discontinuance and termination of water service shall be in conformance with the most recent California Public Utilities Code section 10010.1. Notice of Discontinuance will be posted on the property where water service was rendered 10 days after the bill is due. The Notice will indicate the amount due, the scheduled shut-off date and where to remit payment. The charge for this service shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 4.3.5 AMORTIZATION OF UNPAID CHARGES: Amortization of unpaid charges will be considered for customers experiencing an emergency resulting from a life changing event. The District reserves the right to validate said emergency. The District shall extend special payment arrangements for no more than three times per year and for no longer than a two week extension. Failure to comply with the established amortization schedule will result in immediate disconnection of service. 4.3.6 SHUT - OFF DUE TO NONPAYMENT: Water service may be discontinued if payment of all legitimate charges is not received within the time period allowed. The District will provide a 15 day written notice of the delinquency and impending termination by mail. This notice will be provided to both the account holder as well as to the potential tenant residing at the property. A subsequent notice of the impending termination will be delivered to the property where water service was rendered 7 days prior to the noted shut off. Next, The District will attempt to contact the account holder by telephone and/or email 1 day prior to shut off. In the event that the District has exhausted all efforts to prevent disconnection in accordance with Public Utility Code 10010.1 and the delinquent balance remains unpaid, the account will be shut off. A representative of the District will be sent to the property where service was rendered to post a notice of the shut off and disconnect the service. The Charge to send a service representative to turn off water for nonpayment shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 4.3.7 REESTABLISHING SERVICE: The charge for reestablishing water service after a shut-off due to nonpayment, during normal business hours, excluding holidays, shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. Water Service will be reestablished only after payment of all legitimate charges and required deposits have been received by the District. 4.3.8 BILL DISPUTE: Any customer may dispute a bill in writing within twenty- seven days following the “bill date.” Upon receipt of written dispute, the General Manager, or his or her designee, shall conduct an independent review of the dispute and may conduct a further investigation of the dispute, as determined in the General Manager’s, or his or her designee’s, sole discretion, to be appropriate. The General Manager’s, or his or her designee, shall make determination of the appeal final. A written dispute shall be submitted to the General Manager or designated employee, where the disputed bill will be provided an extension from its noted due date in order to avoid late fees and to provide time to investigate the issue at hand. The investigation shall be completed within 10 business days from receipt of the written dispute, where the customer shall be notified of the findings. If the investigation results in favor of the customer, where the billing is incorrect, an adjustment shall be applied to the customer account, but should the billing be found to be correct the bill balance shall be due 10 days from the customer being notified. If before completion of the investigation an additional bills become due, the customer is required to make payment of the entire amount due by the specified due date. Failure to do so may result in assessed late fees or discontinuation of service due to non-payment. 4.3.9 FAILURE TO PAY “FINAL BILL” PROCESS: Under the authority of California Government Code, Section 12419.8, any unpaid balance due on a closed account, beyond the due date, shall be submitted to 3rd party collection agency and/or the Franchise Tax Board for interagency intercept collection. 4.3.10 CHANGE OF ADDRESS: Failure to receive mail will 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 changes in mailing addresses of customers of District water must be filed at the District office, in writing, by fax, mail or online, as available. 4.3.11 METER FAILURE: If a meter fails to register during any period or is known to register inaccurately, the consumer shall be charged with an average daily consumption according to the season as shown by the meter when in use and registering accurately. 4.4 METER TESTING: The charge for testing the meter for accuracy, either at the source, or through an independent laboratory, after payment of all other outstanding charges shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. Should the test find the meter to be outside the limits of American Water Works Association standards, the cost of the test will be credited back to the customer account and a billing adjustment made on the next billing cycle, based on the customer’s average consumption over twelve (12) months. Testing the meter for accuracy may require an appointment. 4.5 DEPOSITS: All deposit requirements shall be in conformance with the latest California Public Utilities Code. Deposits will be required from each, new or returning, customer account that holds a poor payment history with the District, which is defined as: 1. Three or more delinquent payments; 2. Two or more non-sufficient funds (NSF) or ACH rejection fee occurrences; 3. A single NSF or ACH rejection from a payment made on a delinquent account after a Notice of Discontinuance has been posted; or 4. A single shut-off. A deposit shall also be required from all new residential customer accounts, pursuant to the latest adopted Water Development and Customer Service Fees Resolution. New residential customers who have no valid United States of America issued identification will be required to pay the full amount of the deposit at the time of service application, either in cash or cashier’s check only. A commercial or irrigation customer will be required to pay deposits, based on meter size, pursuant to the latest adopted Water Development and Customer Service Fees Resolution. Any deposit requirement will be held in a non-interest bearing account. The deposit will be refunded to the customer’s account after 12 consecutive bills have been paid by the due dates. If the customer’s account is delinquent within the 12 month period, the District will 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 will 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. A soft credit check will be conducted to determine a deposit requirement and to validate identity of applicant. Any customer returning to the District after a six month period shall be subject to a soft credit check. 4.6 BILLING ERRORS: If a billing error occurs in which the District is found to be at fault, the account will be adjusted accordingly up to a maximum two-year period, from the date of discovery. If an error occurs in which the District is not at fault, the needed correction will be made and be effective from date of discovery. At no time shall the adjustment period, regardless of culpability, be greater than two years. 4.7 WATER THEFT: 4.7.1 UNAUTHORIZED USE OF SERVICES: Any individual(s) taking possession of premises and using water and/or sewer services without an approved application for service shall be held liable for all water and/or sewer services delivered as verified by meter readings, and for any damages to District property, including locks and angle stops and for any associated charges. In no event shall the applicant have access to water service that has not been approved by an authorized District representative. Tampering with District facilities is illegal, in accordance with California Penal Code Section 498. 4.7.2 OBSTRUCTING DISTRICT FACILITIES PROHIBITED: Customer shall in no way restrict or obstruct access to District facilities - facilities include, but are not limited to, meters and any other District facility. If customer restricts or obstructs access to a District facility and does not provide District access within 24-hours after being notified by the District, the District reserves the right to remove obstruction, by District forces, or through outside services, and bill the customer for all costs associated with removal of obstruction. 4.7.3 ILLEGAL CONNECTIONS: No individual shall connect to the District’s domestic water facilities without application and approval. Tampering with District facilities is illegal, in accordance with California Penal Code Section 498. 4.7.4 TAMPERED LOCKS: The District may place a lock on a water meter to prevent unauthorized use. A tampered lock will result in a charge pursuant to the latest adopted Water Development and Customer Service Fees Resolution. Tampering with the locks is illegal, in accordance with California Penal Code Section 498. 4.7.5 METER REMOVAL: A meter may necessitate removal if repeatedly used without authorization by the District, and the charge for removal and resultant replacement, after payment of any other outstanding charges shall be payable by the account holder pursuant to the latest adopted Water Development and Customer Service Fees Resolution. Meter tampering, which is illegal, in accordance with California Penal Code Section 498, and will result in supplemental charges pursuant to the latest adopted Water Development and Customer Service Fees Resolution. SECTION 5: WATER USAGE REGULATED 5.1 SUPPLYING ANOTHER PERSON: Water shall not be supplied to any business other than the occupants of the consumers own premises. 5.2 WASTE IN PLUMBING/LEAKAGE: Any person who as owner or occupant of any premises fails, refuses, or neglects to maintain such premises with plumbing of such character and quality as to prevent the wasting of water, due to leaks, shall, three (3) business days after being served by the District by written notice of such intention, have all water service discontinued pending such repair. This time limit may be restricted further, as determined by the District. 5.3 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. 5.4 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 consumers. 5.5 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. In the event any consumer deems that pressures are inadequate, the consumer shall furnish at their own expense, devices necessary to boost the pressure for their premises. If the customer chooses to add a booster type device, the District will require compliance with the Backflow Prevention Program section of these rules. In the event water pressures are in excess of any consumer’s normal requirements, it shall be the responsibility of such water consumer to install such devices on their own premises to protect his plumbing and/or to reduce the pressure for their normal needs. SECTION 6: MAINS, METERS AND FIRE HYDRANTS 6.1 CHANGES AND/OR DAMAGES TO MAINS AND FITTINGS: Any street improvements which are to be performed which will cause the relocation of existing water mains, fittings, meters or other water equipment must have the approval of the District. The District shall be given a written notice a minimum of ten (10) working days prior to start of construction of the approved project. Any changes which are required or any damages which may occur to such mains, fittings, meters or other water equipment without fault or negligence of the District shall be chargeable to the person or agency requiring said work to be done. 6.2 SHUT-OFF VALVES: All shut-off valves and angle stops are for the use of the District. Such shut-off valves or angle stops shall not be used or altered in any way or manipulated by the consumer except in extreme emergency. A valve will be installed immediately downstream from the water meter and in accordance with the latest District Standards W- 1 and W-2. Excepted here from are irrigation services. 6.3 METERS: 6.3.1 SIZING METERS: The District shall determine the size of the meter required. Where service conditions change, the District, through the General Manager or their authorized representative, shall at the District’s discretion have installed a meter of proper size to meet the present conditions. The District shall then bill or refund as required. 6.3.2 RIGHT TO METER: The District reserves the right to meter any service and apply the latest adopted established rates. 6.3.3 SEALING METERS: All meters will be sealed by the District and no seal shall be altered or broken except by one of its authorized employees or agents. 6.4 CHANGE OF METER: 6.4.1 CHANGE IN SIZE OF METER: Meter resizing shall be in accordance with the latest Meter Sizing Resolution, the latest adopted version of the District’s Policies and Procedures, and Elective Water Meter Resizing Policy. 6.4.2 CURRENT COST OF METER: The current cost of a meter as used above shall be pursuant to the latest adopted Water Development and Customer Service Fees Resolution. 6.4.3 CHANGE OF METERS WHERE CHANGE OF SERVICE LINE IS REQUIRED: If the change of meter, either an increase or decrease in size requires a change in service line size, it shall be the consumer’s responsibility to construct the new service line. 6.5 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 an act of malice or neglect of the consumer or person on consumer’s property, or caused by any malfunction of any appliance, equipment or operation on the consumers property, such replacement work shall be charged to and paid by such consumer to the District on presentation of a bill therefore; and in case such bill is not paid, the meter shall be shut off from such premises and shall not be turned on again until all charges are paid. No person shall interfere with or remove from any service any water meter where it has been so attached. 6.6 METER LOCATION: All meters of the District shall be placed at the curb line of the street, or near the property line in alleys, or as close to the water main in all other cases whenever and wherever practicable and be protected and maintained as a part of the operation of the District. No property shall be served where the property line is more than 75 feet from the nearest main. 6.7 METERS INSIDE PREMISES: Where a water meter is placed inside the premises of a consumer for the convenience of said consumer, provisions shall be made for convenient meter reading and repairing by representatives of the District, by providing an executed easement to the District, as close as possible to the public right-of-way, and accessible at all times to District staff (i.e. not within a gated or inaccessible location). Failure to make provisions by the consumer shall be sufficient cause for removal of such meter at the option of the District and the withholding of service until installation is made at the curb line as herein provided. Meters shall not be located inside any structure, home or building. 6.8 CONSUMER’S RESPONSIBILITY: The District shall in no way whatsoever be responsible for any damage to person or property because of any leakage, breakage or seepage from, or accident or damage to any meter or pipe situated within any private premises, and said District shall not be responsible for any leakage, breakage, or seepage from any pipe situated between any meter properly installed at the curb and the private premises served thereby, nor shall said District be responsible for or on account of any damage, injury or loss occasioned directly or indirectly by the existence of any meter or pipe situated upon private properly. 6.9 USE OF FIRE HYDRANTS: Public fire hydrants shall be located, maintained and repaired by the District. Any damage thereto by persons or agency other than representatives of the Fire Department and Water District shall be a claim against the person or agency committing such damage and the District shall take action as may be necessary to collect the same. Fire hydrants are provided primarily for the purpose of extinguishing fires and shall be used otherwise only as herein provided for, and shall be opened and used only by the Water District and Fire Department or such persons as may be authorized to do so by the Chief of the Fire Department or the General Manager of the Water District. 6.10 FIRE HYDRANTS, PERMIT FOR: All unauthorized use of water through a fire hydrant is a violation of these Rules and Regulations. All persons desiring to use water through fire hydrants, or other hydrants, owned or controlled by the District shall be required to complete a temporary construction meter application from the District, and pay a deposit, in compliance with Section 3.1.3 herein. The District shall issue no such permit to any person who has violated any of the provisions of these Rules and Regulations or whose indebtedness to the District for water used or damage to hydrants or equipment is delinquent. All such persons having permit for use of water from the fire hydrants shall use hydrant wrenches for the operation of such fire hydrants. The main valve of the hydrant shall be used only to turn the service on and off at the beginning and end of service from the hydrant excepting that the main valve shall be used to turn the fire hydrant off at the end of each work day and the control valve and meter shall be removed so as to leave the fire hydrant ready for use by the Fire Department during the night. Said main valve shall be either completely open or closed at all times. 6.11 FIRE HYDRANTS, CANCELLATION OF PERMIT: Permit for the use of water through the fire hydrants of the District may be canceled at the will of the District on evidence that the holder thereof is or has violated the privileges conveyed thereunder. Such notice of cancellation shall be in writing delivered or mailed to the persons to be notified and shall be immediately effective and enforced. 6.12 OBSTRUCTING FIRE HYDRANTS: No person shall obstruct the access to any fire hydrant by placing around or thereon any stone, brick, lumber, dirt or other material or willfully or carelessly injure the same, or open or operate any fire hydrant, or draw or attempt to draw water therefrom, except when used with a District installed temporary construction meter, as discussed in section 3.1.3. 6.13 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 7: BACKFLOW PREVENTION PROGRAM 7.1 DEFINITIONS OF TERMS 7.1.1 AIR-GAP SEPARATION: The term “air-gap separation” means a physical break between a supply pipe and a receiving vessel. The air-gap shall be at least double the diameter of the supply pipe measured vertically above the top rim of the vessel, in no case less than one inch. 7.1.2 APPROVED BACKFLOW PREVENTION DEVICE: The term “Approved backflow prevention device” shall mean devices which have passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated their competency to perform such tests to the Health Agency (as defined herein). 7.1.3 APPROVED WATER SUPPLY: The term “approved water supply” means any water supply whose potability is0 regulated by a State or local Health Agency. 7.1.4 AUXILIARY SUPPLY: The term “auxiliary supply” means any water supply on or available to the premises other than the approved water supply. 7.1.5 BACKFLOW: The term “backflow” shall mean a flow condition, caused by a differential in pressure, which causes the flow of water or other liquids, gases, mixtures or substances into the distributing pipes of a potable supply of water from any source or sources other than an approved water supply source. Backsiphonage is one cause of backflow. Back pressure is the other cause. 7.1.6 CONTAMINATION: The term “contamination” means a degradation of the quality of the potable water by any foreign substance which creates a hazard to the public health or which may impair the usefulness or quality of the water. 7.1.7 CROSS-CONNECTION: The term “cross-connection” means any unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. By-pass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which backflow could occur, shall be considered to be cross-connections. 7.1.8 DOUBLE CHECK VALVE ASSEMBLY: The term “double check valve assembly” means an assembly of at least two independently acting check valves including tightly closing shut-off valves on each side of the check valve assembly and test cocks available for testing the water tightness of each check valve. 7.1.9 HEALTH AGENCY: The term “health agency” means the State Water Resources Control Board, Department of Drinking Water, or the local health agency with respect to a small water system. 7.1.10 LOCAL HEALTH AGENCY: The term “local health agency” means the county or city health authority. 7.1.11 POTABLE WATER: Water deemed safe for drinking, as determined by the Health Agency and District. 7.1.12 PUBLIC WATER SYSTEM: The term “public water system” means a system for the provision of piped water to the public for human consumption which has five or more service connections or regularly serves an average of 25 individuals daily at least 60 days out of the year. 7.1.13 RECLAIMED WATER: The term “reclaimed water” means a wastewater which as a result of treatment is suitable for uses other than potable use. 7.1.14 REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION DEVICE: The term “reduced pressure principle backflow prevention device” means a device incorporating two or more check valves and an automatically operating differential relief valve located between the two check valves, a tightly closing shut-off valve on each side of the check valve assembly, and equipped with necessary test cocks for testing. 7.1.15 WATER USER: The term “water user” means any person obtaining water from an approved water supply system. 7.2 PURPOSE: The purpose of these rules is (1) to protect the public water supply 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; (2) to eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption; (3) to eliminate cross-connections between drinking water systems and sources of contamination; (4) to prevent the making of cross-connections in the future. These rules comply with the latest adopted State of California Administrative Code, Title 17, (Commencing with Section 7583) - Public Health entitled “Regulations Relating to Cross-Connections”. It is unlawful for any person, firm, or corporation at any time to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever, any cross-connection between plumbing pipes or water fixtures being served with water by the District and any other source of water supply or to maintain any sanitary fixture or other appurtenances or fixtures; which by reason of their construction may cause or allow backflow of water or other substances into the water supply system of the District and/or the service of water pipes or fixtures of any consumer of the District. 7.3 CROSS-CONNECTION PROTECTION REQUIREMENTS: 7.3.1 GENERAL PROVISIONS: 7.3.1.1 Unprotected cross-connections with the District water supply are prohibited. 7.3.1.2 Whenever backflow protection has been found necessary, the District will require the water user to install an approved backflow prevention device by and at his/her expense for continued services or before a new service will be granted. 7.3.1.3 Whenever backflow protection has been found necessary on a water supply line entering a water user’s premises, then any and all water supply lines from the District’s mains entering such premises, buildings or structures shall be protected by an approved backflow prevention device. The type of device to be installed will be in accordance with the requirements of these rules. 7.3.1.4 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 will then reassess the level of protection required. Also, any alterations to existing onsite facilities that may affect the level of protection required must be reported immediately to the District. Failure to report will result in termination of water service. 7.3.1.5 These provisions shall be in addition to and not in lieu of the controls and requirements of other regulatory agencies, such as local governmental agencies and local and State Health Departments. These regulations are intended to protect the District’s potable water supply and are not intended to provide regulatory measures for protection of users from hazards of cross-connections within their own premises. Notwithstanding these provisions, the District accepts no responsibility for cross-connections or resulting hazards or contamination. 7.3.2 WHERE PROTECTION IS REQUIRED: 7.3.2.1 Each service connection from the District water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system unless the auxiliary water supply is accepted as an additional source by the District, and is approved by the public health agency having jurisdiction. 7.3.2.2 Each service connection from the District water system for supplying water to any premises on which any substance is handled in such fashion as may allow its entry into the water system shall be protected against backflow of the water from the premises into the public system. This shall include the handling of process waters and waters originating from the District water system, which have been subjected to deterioration in sanitary quality. 7.3.2.3 Backflow prevention devices shall be installed on the service connection to any premises having (a) internal cross-connections that cannot be permanently corrected and controlled to the satisfaction of the state or local health department and the District, or (b) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not cross-connections exist. 7.3.3 TYPE OF PROTECTION REQUIRED: 7.3.3.1 The type of protection that shall be provided to prevent backflow into the approved water supply shall be commensurate with the degree of hazard that exists on the consumer’s premises. The type of protective device that may be required (listing in an increasing level of protection) includes: Double Check Valve Assembly (DC), Reduced Pressure Principle Backflow Prevention Device (RP), and an Air-gap separation (AG). The water user may choose a higher level of protection than required by the District. The minimum type of backflow protection required to protect the approved water supply at the user’s water connection to premises with varying degrees of hazard are given in Table 1 from latest adopted State of California Administrative Code, Title 17. Additionally, two or more services supplying water from different street mains to the same building, structure, or premises through which an inter-street main flow may occur, shall have at least a standard check valve on each water service to be located adjacent to and on the property side of the respective meters. Such check valve shall not be considered adequate if backflow protection is deemed necessary to protect the District’s mains from pollution or contamination; in such cases the installation of approved backflow devices at such service connections shall be required. Situations which are not covered in Table 1 shall be evaluated on a case by case basis and the appropriate backflow protection shall be determined by the District or health agency. 7.4 BACKFLOW PREVENTION DEVICES 7.4.1 APPROVED BACKFLOW PREVENTION DEVICES: Only backflow prevention devices which have been approved by the District shall be acceptable for installation by a water user connected to the District’s potable water system. The District will provide, upon request, a list of approved backflow prevention devices. 7.4.2 BACKFLOW PREVENTION DEVICE INSTALLATION: Backflow prevention devices shall be installed in a manner prescribed in Section 7602 and 7603, Title 17 of the California Administrative Code. Location of the devices should be as close as practical to the user’s connection and shall be installed above grade in a manner where it is readily accessible for testing and maintenance. The District shall have the final authority in determining the required location of a backflow prevention device. All backflow prevention device installations shall be in accordance with the Yorba Linda Water District Standard Specifications for Construction of Water Mains, latest edition. 7.4.3 BACKFLOW PREVENTION DEVICE TESTING AND MAINTENANCE: 7.4.3.1 The owners of any premises on which, or on account of which, backflow prevention devices are installed shall have the devices tested by a person who has demonstrated their competency in testing of these devices to the District. Backflow prevention devices must be tested at least annually and immediately after installation, relocation or repair. The District may require a more frequent testing schedule if it is determined to be necessary. No device shall be placed back in service unless it is functioning as required. A report in a form acceptable to the District shall be filed with the District each time a device is tested, relocated, or repaired. These devices shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of testing, repair, and maintenance shall be borne by the water user. 7.4.3.2 The District will supply affected water users with a list of persons acceptable to the District to test backflow prevention devices. The District will notify affected customers by mail when annual testing of a device is needed and also supply users with the necessary forms which must be filled out each time a device is tested or repaired. 7.4.3.3 The District may randomly test various backflow prevention devices at no cost to the customer. This testing will in no way relieve the customer from responsibility for maintaining functional devices, but will serve to help assure that the program is serving its intended purpose. 7.4.4 BACKFLOW PREVENTION DEVICE REMOVAL: Approval must be obtained from the District before a backflow prevention device is removed, relocated, or replaced. 7.4.4.1 REMOVAL: The use of a device may be discontinued and the device removed from service upon presentation of sufficient evidence to the District to verify that a hazard no longer exists or is not likely to be created in the future. 7.4.4.2 RELOCATION: A device may be relocated following confirmation by the District that the relocation will continue to provide the required protection and satisfy installation requirements. A retest will be required following the relocation of the device. 7.4.4.3 REPAIR: A device may be removed for repair, provided the water use is either discontinued until repair is completed and the device is returned to service, or the service connection is equipped with other backflow protection approved by the District. A retest will be required following the repair of the device. 7.4.5 REPLACEMENT: A device may be removed and replaced provided the water use is discontinued until the replacement device is installed. All replacement devices must be approved by the District and must be commensurate with the degree of hazard involved. 7.4.5.1 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 Drawing W-16A. 7.4.6 EXISTING ASSEMBLY: If assembly in service is not 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. Assembly not recognized as approved backflow prevention device shall be removed and replaced with a currently approved backflow prevention device. 7.5 USER SUPERVISOR: At each premise, where it is necessary, in the opinion of the District, a user supervisor shall be designated by and at the expense of the water user. This user supervisor shall be responsible for the monitoring of the backflow prevention devices and for avoidance of cross connections. In the event of contamination or pollution of the drinking water system due to a cross-connection on the premises, the District shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The water user shall inform the District of the user supervisor’s identity on, as a minimum, an annual basis and whenever a change occurs. 7.6 ADMINISTRATIVE PROCEDURES 7.6.1 WATER SYSTEM SURVEY: 7.6.1.1 The District shall review all requests for new services to determine if backflow protection is needed. Plans and specifications must be submitted to the District upon request for review of possible cross-connection hazards as a condition of service for new service connections. If it is determined that a backflow prevention device is necessary to protect the public water system, the required device must be installed before service will be granted. 7.6.1.2 On-premise inspection to evaluate cross-connection hazards is a requirement under Title-17 Public Health, California Administrative Code, regulations relating to cross connections, Section 7584 (b), (c) and (d). The District will transmit a written notice requesting an inspection appointment to each affected water user. Any customer which cannot or will not allow an on premise inspection of their piping system shall be required to install the backflow prevention device the District considers necessary. 7.6.1.3 The District may, at its discretion, require a re-inspection for cross-connection hazards of any premises to which it serves water. The District will transmit a written notice requesting an inspection appointment to each affected water user. Any customer which cannot or will not allow an on premise inspection of their piping system shall be required to install the backflow prevention device the District considers necessary. 7.6.2 CUSTOMER NOTIFICATION — DEVICE INSTALLATION: 7.6.2.1 The District will notify the water user of the survey findings, listing corrective action to be taken if required. A period of 60 days will be given to complete all corrective action required including installation of backflow prevention devices. 7.6.2.2 A second notice will be sent to each water user which does not take the required corrective action prescribed in the first notice within the 60 days period allowed. The second notice will give the water user a two week period to take the required corrective action. If no action is taken within the two week period the District may terminate water service to the affected water user until the required corrective actions are taken. 7.6.3 CUSTOMER NOTIFICATION — TESTING AND MAINTENANCE: 7.6.3.1 The District will notify each affected customer when it is time for the backflow prevention device installed on their service connection to be tested. This written notice shall give the water user 30 day to have the device tested and supply the water user with the necessary form to be completed and resubmitted to the District. 7.6.3.2 A second notice shall be sent to each customer which does not have his/her backflow prevention device tested as prescribed in the first notice within the 30 day period allowed. The second notice will give the customer a two week period to have his/her backflow prevention device tested. If no action is taken within the two week period the District may terminate water service to the affected water user until the subject device is tested. 7.6.4 BACKFLOW DEVICE MONITORING FEE: For each service connection where a backflow device is required pursuant to these Rules and Regulations, a Backflow Device Monitoring Fee shall be imposed. The fee shall be levied pursuant to the latest adopted Water Development and Customer Service Fees Resolution, and shall be included on the customer’s water bill. 7.7 WATER SERVICE TERMINATION: 7.7.1 GENERAL: When the District encounters water uses that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the District shall institute the procedure for discontinuing the District water service. 7.7.2 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: 1. Refusal to install a required backflow prevention device. 2. Refusal to test a backflow prevention device. 3. Refusal to repair a faulty backflow prevention device. 4. Refusal to replace a faulty backflow prevention device. 5. Direct or indirect connection between the public water system and a sewer line. 6. Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants. 7. Unprotected direct or indirect connection between the public water system and an auxiliary water system, 8. A situation which presents an immediate health hazard to the public water system. 7.7.3 WATER SERVICE TERMINATION PROCEDURES: 7.3.3.1 If one or more of the conditions defined in 6.6.2.1 to 6.6.2.4 are found the District will terminate service to a customer’s premises after two written notices have been sent specifying the corrective action needed and the time period in which it must be done. If no action is taken within the allowed time period water service may be terminated. 7.3.3.2 If one or more of the conditions defined in 6.6.2.5 to 6.6.2.8 are found the District will take the following steps: a) Make reasonable effort to advise the water user of intent to terminate water service; b) Terminate water supply and lock service valve. The water service will remain inactive until correction of violations has been approved by the District. 7.3.3.3. Should a water service termination be determined and executed by the District, as defined in this section, the customer shall be subject to the shut-off and re-establishment of service fees found in the latest adopted Water Development and Customer Service Fees Resolution. SECTION 8: POLICY ON WATER MAIN AND SERVICE EXTENSIONS 8.1 APPLICATION: Anyone who, as owner or sub-divider of a single lot, subdivision or tract of land, desires the extension of water mains and/or connection of water service to such lot, subdivision or tract of land, shall file a written application with the District. All applicants for water service shall also comply with the Rules and Regulations for Sewer Service. 8.2 FEES, CHARGES AND EASEMENTS: Prior to the General Manager, or designee assigned by the General Manager, signing the Improvement Plans or approving an application for water service, the applicant shall dedicate all easements deemed necessary by the District and pay to the District all fees in the amount set forth in Section 3 herein. Non-District improvements (permanent, temporary or mobile) are not permitted within easement area, unless approved by the General Manager. 8.3 EASEMENT QUITCLAIM: The District will consider a customer’s request to quitclaim an existing easement, provided that: 8.3.1 No existing District facilities are within the easement; or 8.3.2 Abandoned District facilities and no active facilities are within the easement; and 8.3.3 The District has no future plans to install District facilities within easement; and 8.3.4 General Manager provides approval. 8.3.5 If the issuance of a Quitclaim is approved by the District, 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. 8.4 INSTALLATION: If, as and when applicant has complied with all requirements of the District and such other provisions of the subdivision ordinance or ordinances dealing with public improvements as may be applicable, the applicant shall have installed, in accordance with the Rules and Regulations, and Standard Plans and Specifications of the District, such mains and services which are required to provide service to the property described in the application. Applicant shall indemnify and hold the District, its Directors, officers and employees harmless from any loss or damage that may be directly occasioned by the installation of the water facilities. All main extensions shall be installed across the entire frontage of the parcel of land to be served. 8.4.1 COSTS: The cost of said installation shall be paid by the applicant, and shall include the cost of engineering, construction, land acquisition and legal services paid b y 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 thus reported shall be supported by invoices or statements verified to the satisfaction of the District. 8.4.2 TITLE: Upon completion and acceptance of facilities the applicant shall transfer title of said water facilities to the District where they will become and remain the property of the District. 8.5 LOCATION, SIZE AND TYPE OF WATER MAIN AND SERVICE FACILITIES: The applicant’s design engineer (shall be a civil engineer licensed by the State of California who shall directly supervise and check the plans and sign his or her name and registration number thereto), under direction of the District’s Engineering Manager, shall use the latest adopted District Master Plan, and the latest version of the District’s computer hydraulic model, to determine the size, type and location for all water mains in streets, alleys, and easements. The type and make of valves, fire hydrants, fittings, consumer services and all other appurtenances deemed necessary for supplying water to the property served shall conform to District Standard Plans and Specifications. 8.6 NUMBER OF APPLICANTS. An individual may file an application or two or more persons may join in an application for the extension of water mains. 8.7 APPROVAL OF WATER MAIN AND SERVICE EXTENSIONS: Each application for water main and service extension shall be given a job number, and shall require terms and conditions approved by the District’s Board of Directors and Plans and Specifications approved by the General Manager. A sketch showing the extent of the facilities necessary for water service shall be prepared and the application shall identify the number of service connections and fees required for service. 8.8 APPROVAL TO CONSTRUCT WATER FACILITIES: When said applicant has complied with all requirements of the District, including payment of all fees required in Section 3 and the posting of a Guarantee Bond, and such other provisions of the subdivision ordinance or ordinances dealing with public improvements as may be applicable, the District shall approve construction of the water facilities. 8.9 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 will the applicant install water mains and fire hydrants unless streets are well defined by lot stakes, curb stakes, or visible center line stakes properly set at the land owner’s expense. If after any water facility has been installed and it has to be adjusted, raised, lowered or relocated because of incorrect information as to grade of curbs, property lines, etc., all expense incurred by making the changes shall be borne by the applicant. 8.10 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 thereto shall be deeded to the District in consideration of the District’s approving any application for District water to be placed on such tract or subdivision. Said deed to the District shall be executed before any such application shall be approved by the District. 8.11 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: 8.11.1 Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities 8.11.2 Application to and Agreement with the Yorba Linda Water District for Water Service 8.11.3 Yorba Linda Water District Terms and Conditions for Water and Sewer Service SECTION 9: PROTECTION FROM DAMAGE 9.1 No unauthorized person shall maliciously, willfully, or negligently remove, change, disturb, break, damage, destroy, uncover, deface, or in any way tamper, or interfere with any facility, apparatus, appliance, property, structure, appurtenance, or equipment which is used or maintained as a part of the water works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. Tampering with potable water facilities is a Federal offense, in accordance with U.S. Code Title 42 Section 300i-1. SECTION 10: POWERS AND AUTHORITY OF INSPECTORS 10.1 The General Manager and other duly authorized employees of the District, bearing proper credentials and identification, shall, enter premises for the purposes of inspection, observations, measurement, sampling and testing in accordance with the provisions of these Rules and Regulations, provided that the property owner, or their designated representative, provides an invitation to enter premises. 10.2 The General Manager and other duly authorized employees of the District, bearing proper credentials and identification, shall be permitted to enter all private properties through which the District holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling repair 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 duly negotiated easement pertaining to the private property involved. 10.3 An official District issued identification card shall be carried by all District employees, and shall be available upon request of property owner or the designated representatives, if required to enter private premises. SECTION 11: VIOLATIONS 11.1 Any person found to be violating any provision of these Rules and Regulations shall be served by the District with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. 11.2 Any person who shall continue any violation beyond the time limit provided for shall have their water service subject to discontinuance. Reinstatement of water service shall be made only on correction of the violation and payment of all applicable fees. 11.3 Any person violating any of the provisions of these Rules shall become liable to the District for any expense, loss, or damage occasioned by the District by reason of such violation. SECTION 12: VALIDITY 12.1 The invalidity of any section, sentence, clause or provision of these rules shall not affect the validity of any other part of these rules which can be given effect without such invalid part.