Indio Municipal Code Ch. 54 Water

[1961 Code, § 24.88; Ord. 257]

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

EXTENSION WATER MAIN

Any extension of the water main as defined herein and also any extensions of the water main.

WATER MAINS

Only new water mains, together with the necessary facilities used in connection therewith, including pumping plants, tanks and similar equipment, which are either in the course of construction at the date this chapter becomes effective or are constructed thereafter, and are designed to serve undeveloped areas of the city not yet adequately served with water.

[1961 Code, § 24-4; Ord. 257]

Unless specially agreed upon, the water consumer shall not resell any of the water received by him or her from the Water Department to any other person, or for any other purpose or on other premises than specified in his or her application for service.

[1961 Code, § 24.5; Ord. 257]

All applicants for service connections or water service shall be required to accept the conditions of pressure and service as are provided by the distributing system at the location of the proposed service connection, and to hold the Water Department harmless from all damage arising from low pressure or high pressure conditions or interruptions of service.

[1961 Code, § 24.6; Ord. 257]

The Water Department reserves the right to shut off the water supply from any premises, at any time without notice, for the purpose of making repairs, extensions or other necessary purposes. However, the Water Department shall comply with Cal. Pub. Util. Code §§ 10010 et seq., pertaining to termination of residential service for nonpayment of delinquent accounts.

[1961 Code, § 24.7; Ord. 257]

Employees of the Water Department are prohibited from making any sort of repairs to consumer's fixtures on the property side of the meter. No money shall be paid to any Water Department employee for any service unless he or she shall be an authorized collector for the city.

[1961 Code, § 24.14; Ord. 257]

When, in response to a turn-on order, a Water Department employee shall find the house or property vacant, he or she shall endeavor to ascertain if water is running on the inside of the building. If this is found to be the case the water will be left shut off at the meter and a notice shall be left at the house stating why the water was not turned on.

[1961 Code, § 24.15; Ord. 257]

Turning on or off water at the curb or inlet side of the meter by other than authorized employees of the Water Department in any instance or for any purpose is unlawful.

[1961 Code, § 24.19; Ord. 257]

It is unlawful for any person or persons to draw water from any city water supply pipe directly into any stationary steam boiler.

[1961 Code, § 24.20; Ord. 257; Ord. 1011]

All boilers or other heaters supplied with the city water shall be installed in compliance with this chapter and state safety regulations.

[1961 Code, § 24.21; Ord. 257]

Employees of the Water Department shall be admitted during all reasonable hours to the water consumer's premises for the purpose of inspecting, testing, checking, changing or reading water meters installed thereon, and shall upon request and proper identification be admitted for that purpose to any building or structure located upon the premises. All employees of the Water Department engaged in the work shall be furnished with identification badges or letters of authority from an official of the Water Department.

[1961 Code, § 24.22; Ord. 257]

All water pipes which have been approved by the Water Department, laid in streets, easements, alleys or other public thoroughfares within the corporate limits of the city shall become the property of the Water Department.

[1961 Code, § 24.39; Ord. 257]

When water is required for construction purposes of any type, upon making proper application a service connection will be made with a main or at a hydrant at the most accessible point to the construction work. When the construction is not sufficiently accessible and water must be taken to the work in a tank wagon or barrel, the supply shall be taken through the meter as installed. In no case will water be furnished for any purpose except through a meter.

[1961 Code, § 24.41; Ord. 257]

When plumbers or other persons connecting water service pipes to the property or outlet side of the meter may use the water for testing pipes and fixtures at an unoccupied building, they shall see that water is properly shut off before leaving the same.

[1961 Code, § 24.42; Ord. 257]

The Water Department is always willing to render any reasonable service in connection with the supply of water service to consumers upon application at the main office of the Water Department, providing, reasonable charges may be made for any expense involved in rendering the service.

Subchapter 2. Administration and Enforcement

[1961 Code, § 24.1; Ord. 257]

A Water Department is hereby created in the city and the supervision of the department shall be under the direction of the Water Superintendent.

[1961 Code, § 24.16; Ord. 257]

The Water Department's jurisdiction and responsibility ends at the meter, and the Water Department will in no case be liable for damages occasioned by water running from open or faulty fixtures or from broken or damaged pipes beyond the Water Department's meter.

[1961 Code, § 24.2; Ord. 257]

The office of Water Superintendent is hereby created, which office shall be filled in accordance with the provisions of §§ 31.45 to 31.55 and 31.70 through 31.79.

[1961 Code, § 24.3; Ord. 257]

The Water Superintendent shall be the administrative officer of the Water Department and shall discharge his or her duties and receive compensation as shall be provided by resolution or ordinance of the city.

[1961 Code, § 24.24; Ord. 257]

The City Council may, by resolution, provide the rules and regulations as it may deem necessary or advisable to accomplish the intent and purposes of this chapter.

[1961 Code, § 24.88; Ord. 257]

There is hereby created in the office of the City Treasurer, a fund to be known as the “water main fund”, into which all money received from property owners pursuant to the terms of § 54.162 shall be paid, and the money in this fund shall be used for no other purpose than the construction of water mains to serve undeveloped areas of the city, or extensions thereof.

Subchapter 3. Excavations

[1961 Code, § 24.7; Ord. 257]

All persons making improvements requiring excavations in streets wherein water mains and service connections exist, requiring such water mains and service connections to be cut and refitted, lowered or raised shall make written request to the water department, insuring the payment of all costs incurred by the Water Department in making the changes necessary or required to be made.

[1961 Code, § 24.8; Ord. 257]

(A) All contractors who open, grade, regrade, fill, excavate or otherwise work a street, shall give at least three days' written notice to the Water Department for the removal, raising, lowering or otherwise displacing of any water mains, pipes, fittings, meters or other water system property that may interfere with the street work.

(B) Contractors or other persons performing the work described in division (A) above shall be liable for damage to city properties.

Subchapter 4. Water Conservation

[Ord. 1662, 10-15-2014]

The purpose of this article is to establish voluntary and imposed water conservation standards intended to alter behavior related to water use efficiency and further establishes four stages of action to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies. As used herein, the term "article" shall refer to and mean §§ 54.050 through 54.063.

[Ord. 1662, 10-15-2014]

(A) The City Manager is hereby authorized and directed to implement the applicable provisions of this article in order to protect the public health, safety and welfare.

(B) The City Manager is hereby authorized and directed to implement the stages of action as set forth in the Urban Water Management Plan, Water Shortage Contingency Plan, developed and adopted pursuant to Cal. Water Code §§ 10620 et seq., (“Water Shortage Contingency Plan”) pursuant to the provisions of this article. The Water Shortage Contingency Plan includes any amendments that may be adopted from time to time.

[Ord. 1662, 10-15-2014]

(A) No person shall use or permit the use of potable water provided by the City of Indio through the Indio Water Authority (“city”) for residential, commercial, industrial or any other purpose in violation of any provision of this article or in excess of the amount permitted by the stages of action of the Water Shortage Contingency Plan set forth in this article. The provisions of this article shall apply to all persons, customers and property served by the city wherever situated.

(B) The provisions of this article do not apply to uses of water necessary to protect the public health and safety or for essential government services, such as police, fire, and other similar emergency services.

(C) The provisions of this article do not apply to the use of reclaimed or recycled water.

[Ord. 1662, 10-15-2014]

A water supply shortage exists when the City Manager determines that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. When the City Manager finds that such conditions have been satisfied, he or she shall recommend to the City Council that a resolution to declare the appropriate stage of action be adopted. The City Manager has discretion to determine that certain mandatory restrictions may be appropriate for implementation at an earlier stage and may recommend such restriction for implementation.

[Ord. 1662, 10-15-2014; Ord. 1762, 7-21-2021]

(A) In the event the City Manager determines that water supply conditions require the implementation of Stage II, Stage III, Stage IV, Stage V, or Stage VI of the Water Shortage Contingency Plan, or parts thereof, the following actions shall be taken:

(1) The City Manager shall declare, at a noticed public hearing of the City Council, implementation of the appropriate stage of action as set forth in §§ 54.056 through 54.060.

(2) The City Council shall adopt a resolution affirming the declaration made by the City Manager.

(3) Within ten days after adoption of the resolution, the city shall publish a copy of the resolution in a newspaper used for the publication of official notices.

(B) None of the restrictions contained in Stage II, Stage III, Stage IV, Stage V, or Stage VI of the Water Shortage Contingency Plan, shall be applicable and subject to enforcement until the City Council adopts a resolution imposing the restrictions at a duly noticed public hearing. Such restrictions shall continue until repealed by resolution of the City Council.

(C) The City Manager shall direct staff to provide public education material and notices to all water users advising them of the actions taken by the City Manager and the water use restrictions included in the water stage of action.

(D) In the event that the City Manager declares, and the City Council approves, implementation of Stage VI of the Water Shortage Contingency Plan ("Severe Shortage or Catastrophic Incident"), the City Manager may also request specific reductions in water allocations to conserve water for the greatest public benefit. The City Council shall declare a Water Emergency in the manner and on the grounds provided in Cal. Water Code § 350 before the City Manager's requested reductions may take effect.

[Ord. 1662, 10-15-2014; Ord. 1762, 7-21-2021]

Stage I represents the normal operating condition where all persons are advised to use water wisely and practice water conservation measures to avoid wasting water. The City Manager or his or her designee has authority to declare a Stage I state of action without further action of the City Council. The following prohibitions and actions shall take effect in the event that the City Manager declares Stage I stage of action:

(A) Applying any water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures shall be prohibited.

(B) Using any water in a fountain or other decorative water feature shall be prohibited, except where the water is part of a recirculating system.

(C) Applying water to driveways, sidewalks, concrete or asphalt shall be prohibited, unless to address immediate health and safety needs. Reasonable pressure washer or water broom use shall be permitted.

(D) Spray irrigation of outdoor landscapes during and within 48 hours after rainfall of 0.10 inches shall be prohibited.

(E) Using a hose to wash a vehicle, windows, or solar panels, shall be prohibited, unless an automatic shut-off nozzle or pressure washer is used.

(F) Broken sprinklers shall be repaired within five business days of notification by city, and leaks shall be repaired as soon as practical.

(G) Draining and refilling of private swimming pools shall be discouraged, unless necessary for health and safety or leak repair.

(H) Hotels shall provide guests the option of choosing not to have towels and linens laundered daily.

(I) City shall discourage overseeding.

(J) City shall provide rebates for landscape efficiency.

(K) City shall offer water use surveys/audits.

(L) City shall provide rebates on plumbing fixtures and devices.

[Ord. 1662, 10-15-2014; Ord. 1681, 10-21-2015; Ord. 1762, 7-21-2021]

The following prohibitions and actions shall take effect in the event that the City Manager declares a Stage II stage of action:

(A) Outdoor water use shall be prohibited during daylight hours for spray irrigation, except for leak checks or a city-approved conservation alternative plan.

(B) City shall encourage use of non-potable water for construction, if available.

(C) City shall actively discourage over-seeding.

(D) Restaurants shall serve water only upon request.

(E) Outdoor water budget shall be reduced by 10%.

(F) City shall expand its public information campaign.

(G) City shall increase water waste patrols.

(H) City shall reduce frequency of hydrant and dead end line flushing.

[Ord. 1662, 10-15-2014; Ord. 1673, 5-20-2015; Ord. 1762, 7-21-2021]

The following prohibitions and actions shall take effect in the event that the City Manager declares a Stage III stage of action:

(A) Outdoor water use shall be allowed three days a week for spray irrigation (Monday, Wednesday, Friday).

(B) Drip or subterranean irrigation shall be allowed seven days per week during non-daylight hours.

(C) Commercial nurseries shall use water only on alternate days during non-daylight hours for outside operations.

(D) Decorative ponds, non-irrigation system golf course water hazards, fountains, and other waterscape features shall not to be filled or replenished.

(E) Swimming pools or landscaping ponds shall not be filled, unless necessary for health and safety or leak repair.

(F) City shall encourage counties, cities, Homeowner Associations (HOAs) and other enforcement agencies to suspend code enforcement and fines for brown turf areas and to otherwise comply with new state laws regarding limitations on such enforcement.

(G) Commercial car washes shall use recycled water or recirculating water systems.

(H) Spray irrigation of medians and parkways shall be prohibited.

(I) City shall strengthen customer billing messages with use comparisons.

(J) City shall implement water use audits targeted to key customers to ensure compliance with directives.

(K) City shall expand rebate programs.

[Ord. 1662, 10-15-2014; Ord. 1762, 7-21-2021]

The following prohibitions and actions shall take effect in the event that the City Manager declares a Stage IV stage of action:

(A) Turfgrass landscapes shall not be watered, except where subterranean or non-potable watering systems are used.

(B) City shall implement a moratorium on new turfgrass landscaping.

(C) City shall implement or modify drought rate surcharge.

(D) Outdoor water budget shall be reduced by up to 25%.

(E) City shall expand public information campaign.

[Ord. 1762, 7-21-2021]

The following prohibitions and actions shall take effect in the event that the City Manager declares a Stage V stage of action:

(A) Watering turfgrass shall be prohibited.

(B) Turfgrass at parks and school grounds shall be watered with recycled water, if available, or not at all.

(C) Golf course greens and school grounds shall be watered no more than two times per week during non-daylight hours with recycled water, or not at all.

(D) Trees, desert plants and shrubs shall be watered only with drip, subterranean or non-adjustable bubbler irrigation systems during non-daylight hours.

(E) Outdoor water budget shall be reduced by up to 50%.

(F) City shall implement a moratorium or net zero demand on new connections.

(G) New construction meters for water service shall not be issued.

(H) Water service through construction meters shall not be made available.

(I) The use of misting systems shall be prohibited.

[Ord. 1762, 7-21-2021]

The following prohibitions and actions shall take effect in the event that the City Manager declares a Stage VI stage of action:

(A) Commercial nurseries shall discontinue all use of potable water for watering and irrigation.

(B) Watering of livestock shall be permitted, as necessary.

(C) Outdoor watering shall be prohibited.

(D) Initial filling of swimming pools or landscaping ponds shall be prohibited.

(E) Restaurants shall use disposable cups, plates, and utensils.

(F) Mandatory rationing shall be implemented.

[Ord. 1662, 10-15-2014; Ord. 1762, 7-21-2021]

(A) Violation of the water use restrictions of §§ 54.056 through 54.060 shall be penalized as follows:

(1) First violation. The Indio Water Authority General Manager or his designee (“General Manager”) shall issue a written notice of the fact of a first violation to the person.

(2) Second violation. For a second violation during any one water shortage declaration, the General Manager may impose a surcharge in the amount equal to 25% of the person’s water bill.

(3) Third violation. For a third violation during any one water shortage declaration, the General Manager may impose a surcharge in the amount equal to 50% of the person’s water bill.

(4) Fourth and subsequent violation. For a fourth and each subsequent violation during any one water shortage declaration, the General Manager may install a flow restricting device of one (1) gallon per minute capacity for services up to one and one-half (1-1/2) inch size, and comparatively sized restrictors for larger services, on the service of the person at the premises at which the violation occurred for a period of not less than forty-eight (48) hours. The city shall charge the person the reasonable costs incurred for installing and for restoration of normal service. Normal service shall not be restored until all the account has been made current and all charges have been paid. In addition, the surcharge provided in division (A)(3) of this section shall continue to apply.

(B) In addition to any penalties imposed herein, a fourth or subsequent violation during any one water shortage declaration of the water use restrictions of §§ 54.056 through 54.060 shall also constitute a misdemeanor unless, at the discretion of the City Prosecutor, the violation is charged as an infraction.

(C) Notice of the violation shall be provided as follows:

(1) Notice of a first violation shall be given in writing by regular mail.

(2) Notice of second or subsequent violations shall be given in writing in the following manner:

(a) By giving the notice to the customer personally; or

(b) If the customer is absent from or unavailable at the premises at which the violation occurred, by leaving a copy with some person of suitable age and discretion at the premises and sending a copy through the regular mail to the address at which the customer is normally billed; or

(c) If a person of suitable age or discretion cannot be found, by affixing a copy in a conspicuous place at the premises at which the violation occurred and also sending a copy through the regular mail to the address at which the customer is normally billed.

(3) The notice shall contain a description of the facts of the violation, a statement of the possible penalties for each violation, and a statement informing the customer of the right to a hearing on the merits of violation pursuant to § 54.063.

[Ord. 1662, 10-15-2014; Ord. 1762, 7-21-2021]

(A) A person may file an application for relief from any provision of this article. The City Manager shall develop such procedures as necessary to resolve such application for relief, and shall take reasonable steps to resolve the application for relief. The decision of the City Manager shall be final. The City Manager may delegate these duties and responsibilities under this section as appropriate.

(B) The application for relief may include a request that the person be relieved, in whole or in part, from the water use restrictions of this article.

(C) In determining whether to grant relief and the nature of any relief, the City Manager shall take into consideration all relevant factors including, but not limited to, the following:

(1) Whether the applicable reduction in water consumption will result in unemployment;

(2) Whether additional persons have been permanently added to the household;

(3) Changes in vacancy factors in multi-family housing;

(4) Increased number of permanent employees in commercial, industrial, and governmental offices;

(5) Increased production requiring increased water;

(6) Water uses during new construction;

(7) Adjustments to water use caused by emergency health or safety hazards;

(8) First filling of a permit-constructed swimming pool; and

(9) Water use necessary for reasons related to family illness or health.

(D) In order to be considered, an application for relief must be filed with the General Manager within 20 days from the date of the mailing of the water bill which is the subject matter of the application. No relief shall be granted unless the person shows that he or she has achieved the maximum practical reduction in water consumption other than in the specific areas in which relief is being sought.

[Ord. 1662, 10-15-2014; Ord. 1762, 7-21-2021]

(A) Any person receiving notification of violation of this article may request a hearing by filing an appeal along with the appeal fee with the General Manager within 15 days of mailing or other delivery of the notice of violation. The appeal fee shall be in an amount set by City Council resolution.

(B) The person’s timely written request for a hearing shall automatically stay installation of a flow-restricting device on any customer’s premises until the Administrative Hearing Officer renders his or her decision.

(C) The person’s timely written request for a hearing shall not stay the imposition of a surcharge. If it is determined that the surcharge was wrongly charged and paid, the Indio Water Authority shall credit any amount due to the unpaid water bill.

(D) The decision of the Administrative Hearing Officer shall be final.

[1961 Code, § 24.17; Ord. 257]

Fire hydrants are provided for the sole purpose of extinguishing fires, and are to be opened and used only by the Fire Department and Water Department or other persons as are specially authorized by the Water Department, upon the person making application at the main office of the Water Department.

[1961 Code, § 24.18; Ord. 257]

To ensure safety of fire hydrants for fire protection, any person authorized by the Water Department to open fire hydrants under § 54.065 will be required to use only an approved spanner wrench, and to replace the caps on outlets when the same are not in use. Failure to meet this requirement will be sufficient cause to prohibit further use of the hydrants, and the refusal of subsequent authorization for use of the fire hydrants.

[1961 Code, § 24.23; Ord. 257]

It is unlawful for any person to place upon or about any fire hydrant, gate valve, manhole, stopcock, meter or meter box connected with water pipes of the system of waterworks, any material, debris or structure of any kind so as to prevent free access to the same at all times.

[1961 Code, § 24.38; Ord. 257; Ord. 894]

Persons wishing to take a supply of water from a fire hydrant must make application to the Water Department for that service. The Water Department will make the necessary connections and install a meter of required size.

[1961 Code, § 24.40; Ord. 257]

It is unlawful for any person to carry away any water from any fire hydrant without a written permit, furnished upon a regular application, by the Water Department.

Subchapter 6. Connections

[1961 Code, § 24.25; Ord. 257]

All applications for water must be made in writing on forms provided by the Water Department and must be signed by the applicant.

[1961 Code, § 24.25; Ord. 546]

(A) Water meters and services shall be sized in accordance with § 1009 of the Uniform Plumbing Code as adopted by the city. Sizes of meters and services not covered by this section shall be sized by the owner, or the owner's authorized representative and approved by the Water Department.

(B) In no event, shall residential water meters be less than 3/4 inch.

[1961 Code, § 24.26; Ord. 257]

Should the water service connection installed pursuant to the request of an applicant be of the wrong size or installed at a wrong location, the cost of all changes required shall be paid by the applicant; except, however, the provisions of this section shall not apply where there is no error in the application.

[1961 Code, § 24.27; Ord. 257; Ord. 1011]

Every water service connection made upon receipt of an application as provided in § 54.081 shall be subject to the following conditions:

(A) The applicant shall pay the stipulated rates at the time and in the manner provided in this chapter;

(B) The Water Department may change rates;

(C) The Water Department and the city shall not be liable for any damage by water or otherwise resulting from defective plumbing, broken or faulty service or water mains, or resulting from any condition of the water itself, or any substance that may be mixed with or be in the water as delivered to any consumer.

[1961 Code, § 24.28; Ord. 257]

When an application for water service is made by a former consumer who has failed to pay all bills for service previously rendered, the Water Department may refuse to furnish water to that applicant until the outstanding bills are paid.

[1961 Code, § 24.29; Ord. 257]

(A) Two or more buildings under one ownership and on the same lot or parcel of land must be supplied by individual or separate water service connections and meters, except in the case of a court or in case of buildings located on the rear of an inside lot, where one service and meter may be installed by the owner to cover more than one building.

(B) The Water Department reserves the right to limit the number of buildings or the area of the land under one ownership to be supplied by one service connection.

(C) A service connection shall not be used to supply adjoining property of a different owner, or to supply property of the same owner across a street or alley.

(D) When property provided with a service connection is subdivided, the service connection shall be considered as belonging to the lot or parcel of land which it directly enters.

[1961 Code, §§ 24.30, 24.31, 24.32 and 24.33; Ord. 257]

(A) Generally. When water service is required by an owner of real property on which there now exists or is planned for immediate construction a dwelling, other structure or improvement requiring domestic water service and there is no water main adjacent to the property, the Water Department may grant permission to the applicant to have a service connection and meter set at the nearest existing water main.

(1) The applicant must agree in writing to the following conditions, to pay all costs of installation and maintenance of a pipeline from the service connection and meter to his or her property and assume all responsibility, liability for, and the payment of all costs and damages growing out of the installation, operation or failure of such pipeline.

(2) The connection and pipeline shall be installed and used as a temporary arrangement only; no water shall be conveyed through for the use of any residence or property other than the property for which it was originally intended; and at such time as a regular permanent water main may be installed to serve the property under this agreement, and on written demand of the Water Department the applicant must bear his or her proportionate share of the costs of the main extension and at his or her expense shall install a regular domestic water service, and shall discontinue the use of the temporary services connections and pipeline.

(B) Manner of procurement. For temporary water service over a short period, special arrangements may be made to secure water supply as follows:

(1) From an installed service connection not in use.

(2) From an outlet at the inlet side of a meter on a service connection that is in use, provided the applicant shall first secure the owner's permission to make that connection and shall agree to pay the cost of making the connection.

(3) From house faucets, provided the applicant shall first have arranged with the consumer who pays for water used through the service.

(C) Discontinued after six months. A temporary service connection conforming with standard requirements may be made permanent at the end of six months after installation, provided all charges for service installation, together with all bills for water furnished through the service, have been paid in full.

(D) When may be made permanent. A temporary service connection conforming with standard requirements may be made permanent at the end of six months after installation, provided all charges for service installation, together with all bills for water furnished through the service, have been paid in full.

[1961 Code, § 24.34; Ord. 257]

Every service connection installed by the Water Department shall be equipped with a curb cock or wheel valve on the inlet side of the meter; the valve or curb cock being intended exclusively for the use of the Water Department in controlling the water supply through the service connection pipe. If the curb cock or wheel valve is damaged by the consumer's use to an extent requiring replacement, the replacement shall be at the consumer's expense.

[1961 Code, § 24.35; Ord. 257]

(A) When a fire service connection is installed the valve governing it will be closed and sealed and remain so until a written order is received from the owner of the premises to have the water turned on. After water is turned on the Water Department shall not be held liable for damages of any kind that may occur to the premises serviced by reason of the installation, maintenance, use, fluctuation of pressure or interruption of supply.

(B) In no case shall any connection be made with any sprinkler or fire service without written consent of the Water Department and should it be found that any such unauthorized connection has been made or that water has been used for a sprinkler or fire service for any other purpose than extinguishing a fire, the water service shall be shut off and not turned on again until a sum equivalent to the monthly minimum provided for in resolution fixing rates effective at that time for a similar-sized regular installation is paid covering the entire period during which the service has been installed. A standard meter of the equivalent size of the service pipe shall be installed by the Water Department at the owner's expense at rates provided in § 54.146.

(C) The Water Department reserves the right to install on each fire service connection a bypass meter, that installation to be made at the expense of the owner of the property.

[1961 Code, § 24.36.; Ord. 257]

Consumers are instructed that in laying water service pipe from the building to the meter, it is compulsory that a fullway gate valve be placed in the line, inside the meter box, for use in shutting off the water in case of emergency.

[1961 Code, § 24.37; Ord. 257]

Any person desiring to change the location of a water service that has already been installed shall make application to the Water Department and, upon payment in advance of the cost of time and material, including excavation and repaving, as estimated by the Water Superintendent, the Water Department will cause the change to be made.

[Ord. 1593, 5-18-2011]

(A) Effective January 1, 2011 automatic residential fire sprinkler systems shall be installed in all new one-and two-family dwelling units pursuant to Cal. Residential Code, Title 24, Part 2.5 adopted on December 1, 2010 by Ordinance No. 1580 and codified in the Code of Indio in Title XV, Chapter 151, § 151.040, with amendments noted in § 151.041. A single permanent service connection shall provide water service for both the domestic water and the residential fire sprinkler portions of each customer service line in the city.

(B) Each Indio Water Authority customer shall provide the Indio Water Authority with accurate information related to his/her/its demands as to domestic water and residential fire sprinkler water, including but not limited to minimum water pressures, at the time of application for water service. The Indio Water Authority will size the single permanent service connection for each customer to meet that customer's demands and pressure requirements. The service line shall be a minimum of one-inch in size.

(C) Each Indio Water Authority customer shall furnish and install a straight single check valve backflow device in accordance with the Indio Water Authority standard plans and the approved material list, said plans and material list being public records maintained by the City Clerk.

Subchapter 7. Meters and Appurtenances

[1961 Code, § 24.43; Ord. 257; Ord. 894]

(A) All water services not otherwise provided for in this chapter shall be metered and all city water used on any premises shall passed through a meter.

(B) No bypass or connection between the meter and the main shall be made, maintained or permitted except as may be installed by the Water Department for sprinkler or fire service. Water served to any premises, where there is or has been any infringement upon § 54.088, will be shut off at once and will not be turned on again until full satisfactory settlement has been made with the Water Department for that infringement.

[1961 Code, § 24.44; Ord. 257]

All water meters and appliances installed by the Water Department at its expense upon the consumer's premises shall remain, at all times, the property of the city, shall be maintained, repaired and renewed by the Water Department when rendered unserviceable by normal wear and tear and may be removed from the consumer's premises at any time.

[1961 Code, § 24.45; Ord. 257]

(A) The consumer shall exercise reasonable care to prevent water meters and appliances on his or her premises from being injured or destroyed and shall refrain from interfering with the same.

(B) Where replacements, repairs or adjustments of any water meter or other appliance are rendered necessary by any act resulting from malice or neglect of the consumer or any member of his or her family, or of anyone employed by him or her, the cost thereof shall be charged to and paid for by the consumer on presentation of the bill therefor.

(C) Any damage which may result from hot water or steam from any boiler or heater on the consumer's premises shall be paid for by the consumer on presentation of a bill therefor.

(D) It shall be unlawful for any person to move, alter, interfere with or remove or cause the same to be done, any water meter or appliance installed by the Water Department without first obtaining written permission from the Water Superintendent or to make or maintain any bypass or other connection between the meter and main water line.

[1961 Code, § 24.46; Ord. 257]

When a nonregistering meter is removed for failure to operate, a notice shall be left on the premises informing the consumer that the old meter supplying the premises has been removed for failure to operate and that a new meter has been set in its place. This notice shall also inform the consumer that in the event the removed meter shall be found upon examination to have been injured and rendered ineffective because of the backing up of hot water or steam from the consumer's water heater or boiler, the expense of the damage caused thereby will be charged to the consumer.

Subchapter 8. Charges and Deposits; Generally

[1961 Code, § 24.49; Ord. 257; Ord. 439]

The Water Department shall have the right to require guarantee deposits from any water consumer who has allowed his or her bill to become delinquent or who does not have an acceptable credit rating or for the payment of future bills.

[1961 Code, § 24.52; Ord. 257]

No interest shall be payable at any time upon any deposit made by any consumer, as required by § 54.116 for water service under the provisions of this chapter.

[1961 Code, § 24.53; Ord. 257; Ord. 439]

Any guarantee deposits that may be required by § 54.115 may be applied to current billing after one year of acceptable payment experience or to closing accounts. Any balance in excess of $5.00 of any deposit remaining after the closing bill or application to current bill for water service has been settled will be returned promptly; provided, nothing is owning to the Water Department by the depositor for water delivered to any former address.

[1961 Code, § 24.55; Ord. 257]

For convenience in the reading of meters and the preparation of water bills, the Water Department is hereby expressly authorized and it shall be its duty to divide the city into districts. These districts may, from time to time, be revised or changed as necessary or desirable in order to equalize the work of reading meters and billing.

[1961 Code, § 24.56; Ord. 257]

The meters in each district established under § 54.119 shall be read on approximately the same day of every other month, except when Saturdays, Sundays and legal holidays intervene.

[1961 Code, § 24.57; Ord. 257]

Water bills based on meter readings shall be prepared and mailed to the consumers in each district on approximately the same day of every other month, except when Saturdays, Sundays and legal holidays intervene. Fifteen days shall be allowed from the date of mailing of the bills for the payment thereof.

[1961 Code, § 24.58; Ord. 257]

In case a house becomes vacant, the regular minimum rate shall be charged and collected from the owner thereof whether water is used or not unless the Water Department is notified in writing of the fact that the property is unoccupied and the Water Department is requested to cut off the water service therefrom.

[1961 Code, § 24.59; Ord. 257]

For the purpose of making charges, all water meters supplying a consumer's premises will be considered separately and the readings thereof will not be combined, except that where the Water Department shall, for operating necessity, install in place of one meter, two or more meters, then the reading of those two or more meters will be combined for the purpose of making charges; provided, the minimum water rates shall be applied to each such meter.

[1961 Code, § 24.60; Ord. 257]

Under ordinary conditions, continuous water service meters shall be read monthly on approximately the same day of the month; provided, the Water Department may, at its discretion, read the meter of any consumer on a bimonthly schedule and a bill issued showing the period covered by the meter readings, the quantity of water used and the total charge for the service rendered.

[1961 Code, § 24.61; Ord. 257]

If the water meter readings indicate a large or unusual consumption has occurred, the readings will be checked before the bill is mailed. The Water Department's services will be available without charge in assisting in locating the probable causes of high consumption. When it is impossible to read the meter due to any obstructions, an average bill or a series of average bills will be rendered. The accumulated over-read or under-read, if any, will be adjusted at the next actual reading date. If the meter fails to register, the charge for water will be based upon the average of the comparable period of the preceding year, taking into consideration the volume of business, weather conditions and any other factors that may assist in determining an equitable charge.

[1961 Code, § 24.62; Ord. 257]

Unless the applicant for water service directs otherwise, all bills will be mailed to the premises where water service is furnished.

[1961 Code, § 24.63; Ord. 257; Ord. 615; Ord. 1011]

In the event any consumer is delinquent in the payment of his or her water bill, and that delinquency continues for a period of five days after the final date for payment of the bill a penalty of 5% of the unpaid current balance shall be added to that consumer's account.

[1961 Code, § 24.64; Ord. 257; Ord. 1011]

A person taking possession of premises and using water through an active service connection without having made application to the Water Department for water service shall be held liable for the water delivered from the date of the last recorded meter reading. If the meter was found inoperative, the quantity of water consumed will be estimated.

[1961 Code, § 24.65; Ord. 257]

Upon application of the owner or occupant of a building or premises served by water service connection to have water shut off at the supply or inlet side of the meter, the Water Department will shut the water off and at the same time will record the reading of the meter.

[1961 Code, § 24.66; Ord. 257; Ord. 275]

No charge will be made by the Water Department for turning on or shutting off the water supply when requested by the consumer incident to the closing of an account.

[1961 Code, § 24.68; Ord. 257; Ord. 275; Ord. 615; Ord. 1746, 1-15-2020; Ord. 1747, 2-5-2020]

The City Council shall adopt by resolution a written policy on discontinuing residential service for nonpayment. The city shall comply with the written policy in all actions to discontinue residential water service. Such policy does not apply to nonresidential water service. Nonresidential customers/users failing to pay a bill on time are subject to termination after a fifteen (15) calendar day notice is served for the service address following the due date.

[Ord. 1301, 10-17-2001; Ord. 1422, 5-4-2005; Ord. 1423, 5-18-2005; Ord. 1426, 6-1-2005; Ord. 1438, 6-15-2005; Ord. 1463, 5-17-2006]

All new development on land that has not had prior water service shall be subject to a water impact fee as established pursuant to the city’s impact fee ordinance (§§ 33.065 et seq.).

Subchapter 9. Charges for Installation

[1961 Code, § 24.70; Ord. 257]

No rent or other charge shall be made by the consumer against the Water Department nor, except as provided in this subchapter, by the Water Department against the consumer for placing or maintaining any meter or appliance upon the consumer's premises.

[1961 Code, §§ 24.71 and 24.72; Ord. 257; Ord. 539; Ord. 740; Ord. 1011]

(A) The Water Department shall collect charges for installation of and the perpetual maintenance of all water services, meters and appurtenances thereto the same to remain the property of the Water Department. These charges shall be established by the City Council by resolution. These charges, in addition to all other repair charges for water facilities and main extensions, must be paid before the meter and service is installed unless otherwise provided for under agreement under other sections of the code.

(B) When water service installation is required by an applicant that is not covered by the schedule of charges set out in division (A) above, that work will be done with charges based upon the cost of the installation as required by an applicant as determined by the Water Department.

[1961 Code, § 24.73; Ord. 257]

The schedule of charges set out in § 54.146 includes meter boxes except where the basement is excavated to the curbline, in which case the applicant shall provide, at his or her own expense, an adequate vault and cover to house the meter and appurtenances in accordance with Water Department requirements.

[1961 Code, § 24.74; Ord. 257]

If a water meter and service installation exceeds 50 feet in length, or for any other valid reason it cannot be installed for the amount stated in the schedule of charges set out in § 54.146(A), due to the peculiarity of the proposed service, the Water Department reserves the right to make the installation on the basis of the costs of the installation as determined by the Water Department.

[1961 Code, § 24.75; Ord. 257]

When water services are installed for automatic fire sprinkler service, the applicant must install, at his or her own expense, a detector check valve of design and at a location approved by the Water Department.

[1961 Code, § 24.76; Ord. 257]

Where a water meter and service are installed, and application is made for an increase in size of service and meter at the same location, a schedule of credits shall be allowed for the meter removed on the above-referenced schedule of charges for installation. The schedule of credits shall be established by the City Council by resolution.

[1961 Code, § 24.78; Ord. 257]

A temporary water service connection may be installed at the same charge as provided for a regular service connection.

[1961 Code, § 24.79; Ord. 257; Ord. 743]

Every applicant for water service from mains installed prior to the date of application, who had not theretofore either in person or through his or her predecessor, in interest, paid his or her proportionate share of the cost of the water main, with respect to the property to be served, shall before the application will be acted upon or water is furnished pursuant thereto, pay to the Water Department a water main connection charge for each foot of frontage of the property to be served, in addition to all other usual and regular charges of the Water Department, including charges for service connection and meter installation. The charge shall be established by resolution of the City Council.

[1961 Code, § 24.80; Ord. 257; Ord. 743]

Where water main extensions are required (intersections not included) to reach property requiring a water supply, they may be made upon the approval of the Superintendent of the Water Department, and the deposit by the applicant of an amount equal to twice the water main construction charges established under § 54.152, provided that the minimum deposit shall be based on the number of lineal feet of frontage in the property to be served. This deposit minus the charges established under § 54.152 for each front foot of property frontage requiring service will be refunded to the payer or his or her assigns only if, during the ten years following installation, water main connection charges are collected from other consumers requiring service from this extension, and not otherwise. All extensions thus provided shall be and remain the property of the Water Department and any balance of the deposit remaining at the end of the above mentioned ten-year period, shall become the property of the water department.

[1961 Code, § 24.81; Ord. 257]

When the City Manager recommends and the public interest or convenience requires the extension of any water main or the replacement of any substandard water main or mains of the Water Department, the Water Department may make water main extensions and replacements of substandard mains without a deposit as required by the preceding section provided the funds are available.

[1961 Code, § 24.82; Ord. 257]

(A) The design, location, materials and standards of construction of any and all extensions shall be approved by the City Manager.

(B) The design of an extension shall be based upon considerations of adequate capacity to meet the present and future requirements of the area to be benefitted, of distribution system operation and efficiency, of maintenance requirements and of anticipated life of the extension.

(C) Extensions shall generally be located on the south and east sides of dedicated city streets or in rights-of-way granted to the city for water main location. Under no circumstances shall any structure be placed over or around any water main or extension, unless provision is made for ready and easy access to any and all parts or points of such main or extension.

(D) Materials and standards of construction shall be those which have been adopted and are used by the Water Department for the area and class of service to be provided.

[1961 Code, § 24.83; Ord. 257]

(A) When an application is made for water service which requires a water main extension to serve property not conventionally subdivided into city lots, the area shall be considered acreage and the extension shall be made at the expense of the applicant as provided by § 54.158.

(B) The required extension shall originate at the nearest adequate existing water main, as determined by the City Manager, and shall extend to and full length along the property to be provided with water service.

[1961 Code, § 24.84; Ord. 257]

The cost of an extension to or in an unconventionally subdivided area shall be borne by the applicant requiring the extension, in conformity with the following provisions:

(A) Upon receipt of an application for water service which requires an extension, when the application is properly filled out and provides an accurate description of the property to be served, the City Manager shall cause the Water Department to prepare a map showing the area to be benefitted by the extension and to make an estimate of cost of installation of the proposed extension.

(1) The applicant shall then deposit a sum of money, equal to this estimated cost, with the city.

(2) Following receipt of the deposit, the City Manager shall cause the proposed extension to be constructed. Or, upon approval of the City Manager and subject to specifications of and inspection by the Water Department, the proposed extension may be installed by private contract at the applicant's sole expense with no refund provisions applicable thereto.

(3) Upon completion of an extension which has been provided for by a deposit with the city, the actual cost of making the extension shall be determined. The actual applicable cost as determined in accordance with division (D) below shall be divided by the number of square feet in the area benefitted by the extensions, as determined by the City Manager, and the resulting unit cost per square foot thus determined shall be the basis for making refunds to the applicant who made the deposit, and for determining the water main construction charges to be made for future service connections to the extension.

(4) In the event the applicant's deposit for estimated costs of installation of an extension exceeds the actual cost of the installation, the excess shall be refunded to the applicant and in the event the deposit is less than the actual cost of installation the applicant shall be liable to the city for the deficiency.

(B)

(1) Where subsequent connections are made to the extension and where a portion or all of the cost of main extensions was paid by the applicant, the water main construction charges received by the city for subsequent service connections to the extension for a period of ten years following the date of completion of the extension, the applicable portion of the cost shall be refunded to the person who paid for the extension or to his or her successors or assigns, as hereinafter provided.

(2) Sale of the property herein referred to and conveyance of the title thereto shall constitute an assignment to the purchaser of the property, and payment of the amount as becomes due to the maker thereof or the purchaser of the property shall constitute a discharge of the obligations to the city of the amount so paid. After the expiration of the ten-year period, any water main construction charges subsequently received shall become the sole property of the city.

(3) A water main construction charge for each and every service connection to an extension installed under the provisions of this chapter shall be paid before the service connection is made.

(a) The water main construction charge is separate from and is in addition to the service connection charge required by any other section of this chapter.

(b) The service connection charges as defined above are not refundable.

(c) Water main construction charges shall be determined by multiplying the number of square feet of ground area to be benefitted by the service connection by the unit cost per square foot as defined above.

(d) Any property lying within the area to be benefitted by the extension, as determined in division (A) above, shall pay a water main construction charge as determined above before water service will be supplied the property.

(e) Water service shall be discontinued immediately when found to be supplied to any property within the area benefitted if the water main construction charge for service to that property has not been paid.

(C) The cost of installing a water main extension less than six inches in diameter including pumps, tanks and appurtenances, shall be borne entirely by the applicant and there shall be no refund provisions for future service connections to such an extension.

(D)

(1) The cost of making extensions six inches and eight inches in diameter and feeder mains from the nearest adequately supplied point in the water distribution system and including pumps, tanks and other appurtenances shall be charged against the applicant. If the extension is provided for by deposit with the city, the actual applicable cost referred to in division (A) above shall be the entire cost of the six-inch or eight-inch pipe lines including facilities such as pumps, tanks and other appurtenances.

(2) The applicable cost of making an extension larger than eight inches in diameter when the larger diameter extension is recommended by the City Manager, shall be determined as follows: The estimated cost of the water main including pumps, tanks and appurtenances, shall be provided for by a deposit made by the applicant and the difference in cost between an eight-inch water main and the larger diameter actually installed shall be borne by the city. Subsequent water main connection charges shall be based on the estimated cost of an eight-inch main, and the refunds to the applicant who made the deposits as hereinbefore provided, shall be upon such basis.

[1961 Code, § 24.85; Ord. 257]

The Water Department is hereby authorized to make water main extensions for the benefit of areas of the city which have been subdivided by means of conveyances, and not pursuant to any regular statute of the state or ordinance of the city, if it is in the best interest of the city to make the extensions.

(A) A charge for each and every service connection to an extension installed under the provisions of this section shall be paid by the person receiving such connection before any such connection is actually made.

(B) The construction charge to be paid pursuant to the terms of this section is separate from and is in addition to the service connection charge also required by any other section of this chapter. The amount of the construction charge to be charged for the water main extension shall be determined in the same manner as that provided for in § 54.158(A) and (D).

[1961 Code, § 24.86; Ord. 257]

Whenever the city shall install a permanent water main extension as authorized in § 54.157 for the purpose of serving either improved property where water service has already been furnished through a temporary service connection or unimproved property where the owner thereof is willing to pay his or her proportionate share of the extension of the water main in order to serve his or her property, upon written demand of the Water Department, before any connection is made with the extended main for the use of such property owner, shall either pay to the city direct, a sum of money equal to the owner's proportionate share of the cost of the extension of the water main or enter into a written agreement with city wherein such owner agrees to pay the city for the use of the water main a rental charge which shall consist of a sum of money equal to that which would represent the owner's proportionate share of the cost of the extension of such water main.

(A) The agreement shall provide that all of the rental shall be paid by the owner to the city in equal monthly installments not to exceed 36 in number.

(B) The equal monthly installments shall be not less than $15 each until the total rental is paid.

(C) If the owner fails during the life of the agreement to pay any installment or rent due within 30 days after the due date, the city shall have the right to discontinue water service to the property from the water main until all the delinquent installments or rents are fully paid.

[1961 Code, § 24.87; Ord. 257]

All extensions of water mains into areas of the city hereafter subdivided under the provisions of Chapter 156 shall be installed according to the design and requirements of the Water Department and at the cost of the subdivider; provided further, that the installations shall be made under written agreement between the subdivider and the city.

[1961 Code, § 24.88; Ord. 257]

The following procedure for the installation of water mains and extensions thereof is intended as an alternative procedure to any other presently authorized by ordinance or law, and is not intended in any way to be exclusive.

(A) When the City Council determines that the public interest and necessity demand the acquisition, construction and completion of a water main to undeveloped areas of the city not yet adequately served with water, for the purpose of providing those areas with water service, and appropriates money out of the treasury of the city for these public improvements, no person shall be permitted to connect his or her property to the water main nor receive water service from the city through the water main until the property owner has paid to the city the proportionate share of the cost of the water main with respect to the property of the property owner to be served; and no application, either by petition or otherwise, shall be approved by the City Council for the installation and completion of a water main under this section unless and until the property owners to be benefitted or a sufficient number thereof shall have paid to the city, or agreed to pay such proportionate share of the cost of the water main as in the opinion of the council insures the payment of the cost of the public improvement. These payments shall be in addition to any other fee prescribed by any ordinance of the city or by the municipal ordinance for the installation and connection of laterals with the water main reaching to the property of the property owners to be served.

(B) When the Council determines the public interest of the city will be served by the extension of water mains into new areas not adequately served with water, no person shall be permitted to make a connection with the extension water main until the property owner whose property shall be served by the extension water main shall have paid to the city his or her proportionate share of the cost of the extension water main, together with a proportionate share of the cost of the original water main, and no application for a connection or service from the extension water main shall be approved unless and until the person shall have paid to the city his or her proportionate share of the cost of the extension water main, together with a proportionate share of the cost of the original water main.

(C) From and after the effective date of this chapter no new water mains or extensions of existing water mains designed to serve an area of the city not yet adequately served by water shall be installed by the city under this section until the following conditions shall have been performed and the following requirements fulfilled:

(1) Whether initiated by the property owners by petition or initiated by the Council itself by resolution, the council shall cause a map or plat to be prepared by the City Engineer and filed with the City Clerk, which map or plat shall show the exterior boundaries of the entire area proposed or designed to be eventually served by the proposed public improvement, or in lieu thereof a written description of the area to be served by the public improvement, together with an estimate of the total cost of the initial improvement.

(2) The adoption of a resolution by the Council which shall prescribe a minimum initial contribution to be paid by the property owners of the area to be benefitted by the construction of the initial unit of the public improvement, based upon a percentage of the total estimated cost, which in all cases shall be sufficient in amount to satisfy the Council that the construction cost will be paid.

(3) The approval by the Council by resolution of a sum to be paid by the property owner for each connection with either a water main or any extension thereof, which sum shall be recommended by the City Manager and shall be determined upon an equitable basis, which shall represent the proportionate share that the property owner should bear of the cost of new water main in relation to its entire cost; or if the property owner's connection is to be made with an extension of an existing water main then the sum to be paid by the property owner shall be determined upon an equitable basis so as to provide that the property owner shall pay a proportionate share of the cost of the water main, together with an additional amount which represents his or her proportionate share of the cost of the extension of the water main.

(4) The same method provided by division (3) hereinabove for determining the cost to be borne by the property owner for a connection with an extension water main shall apply in case the property owner desires to connect with any new extension of an existing water main and previously constructed, extensions thereof, namely, the property owner shall be required to pay his or her proportionate share of the cost of the original water main, together with his or her proportionate share of the cost of any or all extensions thereof.

[1961 Code, § 24.89; Ord. 257]

Before any street within a subdivision is paved with a permanent type of pavement, any required water main shall be installed in that street.

Subchapter 10. Cross-Connection and Backflow Prevention

[1961 Code, § 24.90; Ord. 604]

(A) The purpose of these regulations is:

(1) To protect the public water supply against actual or potential cross-connections by isolating within the premises contamination or pollution 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 other sources of water or process water used for any purpose which jeopardize the safety of the drinking water supply;

(4) To prevent the making of cross-connections in the future.

(B) These regulations are in accordance with the state Department of Public Health Administrative Code, Title 17, entitled “Regulations Relating to Cross-Connections.”

(C) It is the intent of these regulations to recognize that there are varying degrees of hazard and to apply the principle that the degree of protection should be commensurate with the degree of hazard.

[1961 Code, § 24.91; Ord. 604]

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AIR-GAP SEPARATION

A physical break between a supply pipe and 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, with no ties or connection between the device and meter.

APPROVED

Those devices as approved by the Foundation of Cross-Connection Control.

APPROVED CHECK VALVE

A check valve that seats readily and completely and has been previously approved for use in this service by the city. It must be carefully machined to have free moving parts and assured water tightness. The face of the closure element and valve seat must be bronze, composition, or other noncorrodible material which will seat tightly under all prevailing conditions of field use. Pins and bushings shall be of bronze or other noncorrodible, nonsticking material, machined for easy, dependable operation. The closure element (i.e., clapper) shall be internally weighted or otherwise internally equipped to promote rapid and positive closure in all sizes where this feature is obtainable.

APPROVED DOUBLE CHECK VALVE ASSEMBLY

An assembly which has previously been approved for use in this service by the city and consists of at least two independently acting approved check valves including tightly closing shutoff valves on each side of the check valve assembly and suitable leak detector drains plus connections available for testing the watertightness of each check valve, with no ties or connections between device and meter.

APPROVED REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION DEVICE

A device which has previously been approved for use in this service by the city and consists of incorporating two or more check valves and an automatically operating differential relief valve located between the two check, two shutoff valves, and equipped with necessary appurtenances for testing, with no ties or connections between the device and meter.

(1)

The device shall operate to maintain the pressure in the zone between the two check valves less than the pressure on the public water supply side of the device.

(2)

At cessation of normal flow, the pressure between check valves shall be less than the supply pressure.

(3)

In case of leakage of either check valve the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere.

(4)

When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere, thereby providing an air-gap in the device.

(5)

To be approved, these devices must be readily accessible for maintenance and testing and installed in a location where no part of the valve will be submerged.

APPROVED WATER SUPPLY

Any water supply approved by or under the public health supervision of a public health agency of the state, or its political subdivisions. In determining what constitutes an approved water supply, the State Department of Public Health reserves final judgment as to its safety and potability.

AUXILIARY SUPPLY

Any water supply on or available to the premises other than the public water supply.

CROSS-CONNECTIONS

Any actual or potential unprotected connection between any part of a water system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as safe, wholesome, and potable for human consumption.

[1961 Code, § 24.92; Ord. 604]

(A) Each service connection from the city 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 system is accepted as an additional source by the water surveyor, and is approved by the public health agency having jurisdiction.

(B) Each service connection from the city water system for supplying water to premises on which any substance is handled in such a fashion as to permit 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 city water supply system which have been subject to deterioration in sanitary quality.

(C) Backflow prevention devices shall be installed on the service connection to any premises that have internal cross-connections unless such cross-connections are abated to the satisfaction of the city and approved by the state or local health department.

[1961 Code, § 24.93; Ord. 604]

The protective device required shall depend on the degree of hazard as tabulated below:

(A) At the service connection to any premises where there is an auxiliary water supply handled in a separate piping system with no known cross-connection, the city water supply shall be protected by an approved double check valve assembly.

(B) At the service connection to any premises on which a substance that would be objectionable (but not necessarily hazardous to health), if introduced into the public water supply, is handled so as to constitute a cross-connection, the city water supply shall be protected by an approved double check valve assembly.

(C) At the service connection to any premises on which there is an auxiliary water supply where cross-connections are known to exist which cannot be presently eliminated, the public water supply system shall be protected by an approved reduced pressure principle backflow prevention device. A double check valve assembly may be used in lieu of such device if local experience indicates that double check valves are reliably operated and if approved by the water purveyor and local health agency.

(D) At the service connection to any premises on which any material dangerous to health or toxic substance in toxic concentration is or may be handled, the public water supply shall be protected by an air-gap separation. The air-gap shall be located as close as practicable to the service cock and all piping between the service cock and receiving tank shall be entirely visible. If these conditions cannot reasonably be met, the public water supply shall be protected with an approved reduced pressure principle backflow prevention device.

(E) At the service connection to any sewage treatment plant or sewage pumping station, the city water supply shall be protected by an air-gap separation. The air gap shall be located as close as practicable to the service cock and all piping between the service cock and receiving tank shall be entirely visible. If these conditions cannot be reasonably met, the public water supply shall be protected with an approved reduced pressure principle backflow prevention device, providing this alterative is acceptable to both the water purveyor and local health agency. Final decision in this matter shall rest with the State Department of Public Health.

[1961 Code, § 24.94; Ord. 604; Ord. 1594, 5-18-2011]

(A) It shall be the responsibility of the Indio Water Authority to make the determination if any service connection or the handling of substances within the premises served is deemed to constitute a hazard to the city water system and to determine the degree of hazard and establish the requirements for protection. The Indio Water Authority shall accomplish this in conjunction with the local health agency.

(B) It shall be the responsibility of each user of water to install and maintain the required backflow prevention device specified by the Indio Water Authority. Further, it shall be an additional responsibility of each user of water to procure, install and maintain such security equipment, e.g., a protective cage, for said backflow prevention device as may be desired by the user of water in question. The Indio Water Authority shall have no obligation to provide or reimburse any user of water with such security equipment. A user of water shall be prohibited from installing any security equipment, including but not limited to a protective cage, that does not meet approved Indio Water Authority specifications and standards. Security equipment shall only be approved if in accord with standards developed by the Indio Water Authority in accord with this code and all applicable law and regulations.

(C) It shall be the responsibility of the Indio Water Authority to inspect each and test each device by qualified personnel at the expense of the consumer.

(1) Inspection intervals shall be one year maximum. The required interval may be less if determined by the Indio Water Authority that a history of malfunctioning has been established or if the degree of hazard makes more frequent inspections advisable.

(2) All devices shall be disassembled for maintenance and repair at least every five years.

(3) All test results and all maintenance steps taken shall be reported regularly on forms to be provided by the Indio Water Authority and maintained on file at the Indio Water Authority office. Failure to file with the Indio Water Authority the required test and maintenance reports will require the Indio Water Authority to consider the connection unprotected and service may be discontinued.

(D) Inspection fees. The Indio Water Authority will, by resolution, adopt fees for each type and size of device required to be installed.

[1961 Code, § 24.95; Ord. 604]

(A) Service of water to any premises may be discontinued by the water division after ten days' notification if unprotected cross-connections exist on the premises, or if any defect is found in an installed backflow preventive device, or if a backflow preventive device has been removed or bypassed, under direction an inspector may disconnect the water supply immediately when he or she feels that there is a major health problem present, and service will not be restored until the conditions or defects are corrected.

(B) Discontinuance of service may be summary, immediate and without notice when, in the judgment of the Water Superintendent of the Water Division, the action is necessary to protect the purity of the water supply or the safety of the water system, and the Water Superintendent's determination shall be final and conclusive.

[1961 Code, § 24.96; Ord. 604]

The city representative assigned to inspect premises relative to possible hazards shall carry proper credentials of his or her office, upon exhibition of which he or she shall have the right to entry, during usual business hours to inspect any and all buildings and premises in the performance of his duty. This right of entry shall be a condition of water service in order to provide assurance that the continuation of service to the premises will not constitute a menace to the health, safety and welfare of the people throughout the city's water system.

Subchapter 11. Water Companies

[1961 Code, § 24.98; Ord. 631]

No person shall engage in the business of operating any private water company or any other company supplying water within the city without having first obtained from the City Council a certificate of public convenience and necessity.

[1961 Code, § 24.99; Ord. 631]

All persons applying for a certificate of public convenience and necessity shall pay a nonrefundable fee of established by the fee resolution.

[1961 Code, § 24.100; Ord. 631]

(A) All persons applying for a certificate required by this subchapter shall file with the City Council a verified application which shall set forth:

(1) The name and address of the person making application;

(2) If, at the same time of making application, the person is actually operating a water supply company in the city, the name of the company and the area which it serves;

(3) The area for which a certificate of public convenience and necessity is desired;

(4) A description of the proposed water system and proposed charges and rates for services;

(5) Other information as the City Council may require.

[1961 Code, § 24.101; Ord. 631]

Upon filing of the fully completed application for the certificate of public convenience and necessity, the City Clerk shall fix the time for a public hearing thereon before the City Council for the purpose of determining whether the public convenience and necessity require the proposed water company. No certificate shall be granted until the Council shall, after hearing, declare by resolution that the public convenience and necessity require the proposed water company.

[1961 Code, § 24.102; Ord. 631]

Notice of the time and place of the public hearing before the City Council shall be published once in a newspaper of general circulation in the city, and the cost of publication shall be at the expense of the applicant.

[1961 Code, § 24.103; Ord. 631]

In determining whether public convenience and necessity require the proposed water company for which the application is made, the City Council shall investigate and consider:

(A) The demand of the public for the proposed water company;

(B) The adequacy of the existing and proposed service;

(C) The financial responsibility and experience of the applicant;

(D) The effect which an additional water company may have upon existing water companies and water service provided by the city;

(E) The quality, nature and type of service to be furnished by the applicant.

[1961 Code, § 24.104; Ord. 631]

If the City Council shall, by resolution, declare that public convenience and necessity require the additional water company, a certificate to that effect shall be issued to the persons entitled thereto; provided, the City Council may, in its discretion, determine the area of service, conditions and limitations on the granting of said permit; provided, further, that no certificate authorized hereunder shall be issued to any persons who shall not have fully complied with all of the necessary requirements of this chapter.

[1961 Code, § 24.105; Ord. 631]

If the service permitted hereunder is for any reason discontinued for a period of 30 days, the certificate granted shall automatically be canceled and shall be restored only in accordance with the provisions of this subchapter.

[1961 Code, § 24.106; Ord. 631]

If the owner sells or transfers title to the water company, or if more than 25% of the stock in the company is transferred at any one time, a new certificate must be issued provided the new owners have complied with all of the provisions of this chapter.

[1961 Code, § 24.107; Ord. 631]

(A) The City Council may, at any time, revoke or suspend the certificate granted pursuant to this subchapter:

(1) If the company's record is unsatisfactory;

(2) If the company fails to operate the water service in accordance with the provisions of this chapter or the conditions imposed on it by the city upon issuance of the certificate;

(3) If the company discontinues or suspends operation of service for a period of 45 days without permission first had and obtained from the City Council;

(4) If the company operates at a rate or adopts a rate schedule other than that approved by the City Council.

(B) All certificates which shall have been surrendered or revoked by the City Council shall be surrendered to the City Clerk, and the operation covered by the certificates shall cease and be unlawful.

[1961 Code, § 24.108; Ord. 631]

(A) The City Council shall act on the company's application for a certificate of public convenience and necessity by resolution, and may deny any such application if, in its sound discretion, it determines that:

(1) There is a reasonable cause rendering the proposed operation undesirable or inadequate to this city;

(2) There is insufficient public need or demand for the proposed water company;

(3) The proposed water company's operation is inadequate, unsafe, or does not comply with existing standards in use throughout the city for water service;

(4) That it does not provide adequate fire protection.

(B) The Council may, by resolution, and after five days' written notice to the company, suspend or revoke a company's certificate for any of the grounds for which it may deny an application and, in addition thereto, it may suspend or revoke any company's certificate for a violation of any of the provisions of this chapter.

[1961 Code, § 24.109; Ord. 631]

There is exempted from the operation of this chapter any privately owned water company holding a certificate of public convenience and necessity from the Public Utilities Commission and any mutual water company upon their filing with the city documentation of the present areas served together with a map of their area indicating the service mains, the size thereof, the location and capacity of their wells. Upon any later modification or expansion other than routine maintenance or repair said existing company shall comply with all provisions of this subchapter.

[1961 Code, § 24.110; Ord. 631]

The City Council may adopt further rules and regulations implementing the provisions of this chapter by resolution at any later date.

[1961 Code, § 24.112; Ord. 1041; Ord. 1103, 11-20-1991]

(A) The purpose of this subchapter is to provide minimum standards for construction, reconstruction, abandonment and destruction of all wells in order to:

(1) Protect underground water resources; and,

(2) Provide safe water to persons within the city.

(B) Pursuant to the authority cited in Cal. Water Code § 13801(c), the City of Indio City Engineering Services shall enforce the provisions of this subchapter within its jurisdiction.

[1961 Code, § 24.113; Ord. 1041; Ord. 1103, 11-20-1991]

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED WELLS and ABANDONMENT

These terms shall apply to a well whose original or functional purpose and use has been discontinued for a period of one year and which has not been declared for reuse by the legal owner with the City Engineering Services, or a well in such a state of disrepair that it cannot be functional for its original purpose or any other function regulated under this subchapter. Exploration holes shall be considered "abandoned" 24 hours after construction and testing work has been completed.

AGRICULTURE WELL

Any water well used to supply water for irrigation or other agricultural purposes, including so-called “stock wells.”

ANNULAR SEAL or SANITARY SEAL

The approved material placed in the space between the well casing and the wall of the drilled hole (the annular space).

CATHODIC PROTECTION WELL

Any artificial excavation in excess of 50 feet constructed by any method for the purpose of installing equipment or facilities for the protection electrically of metallic equipment in contact with the ground, commonly referred to as “cathodic protection.”

COMMUNITY WATER SUPPLY WELL

Any well which provides water for public water supply systems.

CONTAMINATION

An impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease.

CROSS-CONNECTION

Any unprotected connection between any part of a water system used or intended to supply water for domestic purposes and any source or system containing water or other substances that are not or cannot be approved as safe, pure, wholesome, and potable for human consumption.

DEPARTMENT

City of Indio Engineering Services.

DIRECTOR

The City Engineer or the City Engineer's duly authorized representative.

DISTRIBUTION SYSTEM

The facilities, conduits or any other means used for the delivery of water from the source facilities to the customer's system.

EXPLORATION HOLE

An uncased excavation for the purpose of immediately determining the existing geological and/or hydrological conditions at the site either by direct observation or other means.

INDIVIDUAL DOMESTIC WELL

Any well used to supply water for domestic needs other than a public water supply system.

INDUSTRIAL WELL

Any well used primarily to supply water for industrial processes and may supply water intentionally or incidentally for domestic purposes.

LATERAL (HORIZONTAL) WELL

A well drilled or constructed horizontally or at an angle with the horizon as contrasted with the common vertical well. The term does not include horizontal drains or wells constructed to remove subsurface water from hillside, cuts or fills.

MONITORING WELL

An artificial excavation by any method for the purpose of observing, monitoring, or supplying the conditions of a water-bearing aquifer, such as fluctuations in groundwater levels, quality of groundwaters, or the concentration of contaminants in underground waters.

PERSON

Any individual, firm, corporation, association, profit or nonprofit organization, trust, partnership, special district or governmental agency to the extent authorized by law.

POLLUTION

An alteration of water by waste to a degree which unreasonably affects the water for beneficial uses or facilities which serve such beneficial uses. "Pollution" may include "contamination."

PUBLIC WATER SYSTEM

A system regardless of type of ownership for the provision of piped water to the public for domestic use, if the system has at least five service connections or regularly serves an average of at least 25 individuals daily at least 60 days of the year. A public water system includes:

(1)

Any collection, treatment, storage, and distribution facilities which are used primarily in connection with the system and which are under control of the water supplier.

(2)

Any collection or pretreatment storage facilities which are used primarily in connection with the system but are not under control of the water supplier.

RECONSTRUCTION

Certain work done to an existing well in order to restore its production, replace defective casing, seal off certain strata or surface water, or similar work, not to include the cleaning out of sediments, surging, or maintenance to the pump or appurtenances where the integrity of the annular seal or water-bearing strata are not violated.

SOURCE FACILITIES

Wells, stream diversion works, infiltration galleries, springs, reservoirs, tanks, and all other facilities used in the production treatment, disinfection, storage, or delivery of water to the distribution system.

WATER WELL

Any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into the ground. This definition shall not include:

(1)

Oil and gas wells, or geothermal wells constructed under the jurisdiction of the State Department of Conservation, except those wells converted to use as water wells; or

(2)

Wells used for the purpose of:

(a)

Dewatering excavation during construction; or

(b)

Stabilizing hillsides or earth embankments.

[1961 Code, § 24.114; Ord. 1041; Ord. 1103, 11-20-1991]

(A) No person or entity, as principal agent, or employee, shall dig, drill, bore, drive, reconstruct or destroy:

(1) A well that is to be, or has been, used to produce or inject water;

(2) A cathodic protection well; or,

(3) A monitoring well, without first filing a written application to do so with the City Engineering Services, and receiving and retaining a valid permit as provided herein.

(B) No person or entity shall engage in any activity subject to the jurisdiction of this subchapter without first paying all applicable fees to the City Engineering Services for each activity in the amounts set forth in city's fee schedule resolution.

(C) Any person who shall commence any work for which a permit is required by the City Engineering Services without having obtained a permit therefor, shall, if subsequently granted a permit, pay double the permit fee for such work; provided, however, that this provision shall not apply to emergency work when it shall be established in writing to the satisfaction of the City Engineer that the work was urgently necessary and that it was not practical to obtain a permit before commencement of the work.

(1) In all cases in which emergency work is necessary, a permit shall be applied for within three working days after commencement of the work.

(2) The applicant for a permit for any such emergency work shall, in any case, demonstrate that all work performed is in compliance with the technical standards of § 54.029.

(D) An application for a permit to construct a water well, monitoring well, or cathodic protection well, shall be submitted to the City Engineer on a form and in a manner prescribed by the City Engineer, and shall include the following information:

(1) A plot plan showing the proposed well location with respect to the following items within a radius of 500 feet from the well:

(a) Property lines, including ownership;

(b) Sewage or waste disposal systems (including reserved waste disposal expansion areas), or works for carrying or containing sewage or waste;

(c) All intermittent or perennial, natural, or artificial bodies of water or watercourses;

(d) The approximate drainage pattern of the property;

(e) Other wells, including abandoned wells;

(f) Access road(s) to the well site;

(g) Structures.

(2) The location of the property with a vicinity map including the legal description of the property (assessor's parcel map/tract map number);

(3) The name and state license number of the general contractor (when applicable) and the C-57 license number of the person responsible for constructing the well;

(4) The proposed well depth, including casing size and zones of perforations and strata to be sealed off, if that data can be reasonably projected;

(5) The proposed use of the well;

(6) The location of underground storage tank(s) within 500 feet of the proposed well;

(7) Location and classification by visual inspection of any solid, liquid or hazardous waste disposal sites to include municipal and individual package sewage treatment plants within 2,000 feet of the proposed well;

(8) Where proposed work is reconstruction or destruction of a water well, monitoring well, or cathodic protection well, provide the following information, if available:

(a) Method of reconstruction or destruction of well;

(b) Total depth;

(c) Depth and type of casing used;

(d) Depth of perforation;

(e) Well log;

(f) Any other pertinent information.

(9) Other information as may be deemed necessary for the City Engineering Services to determine if the underground waters will be adequately protected.

(E) As a condition of a construction or reconstruction permit, any abandoned wells on the property shall be destroyed in accordance with standards provided in this subchapter.

[1961 Code, § 24.115; Ord. 1041; Ord. 1103, 11-20-1991]

(A) Permits shall be issued after compliance with the standards provided and incorporated by reference in this subchapter.

(B) Plans shall be submitted to the City Engineering Services to be reasonably necessary to accomplish the purpose of this subchapter.

(C) Completion bonds, contractor's bonds, cash deposits, or other adequate security may be required to insure all projects are performed completely and properly to protect the public's health and safety and the integrity of underground water resources.

[1961 Code, § 24.116; Ord. 1041; Ord. 1103, 11-20-1991]

Where the City Engineering Services determines that the standards of this subchapter have not been met, it shall deny the application.

[1961 Code, § 24.117; Ord. 1041; Ord. 1103, 11-20-1991]

(A) Each permit issued pursuant to this subchapter shall expire and become null and void if the work authorized thereby has not been completed within six months following the issuance of the permit.

(B) Any permit issued pursuant to this subchapter may be extended at the option of the City Engineering Services. Each individual extension granted by the City Engineering Services shall be for not longer than 120 days. In no event shall the City Engineering Services grant an extension which would make the total term of the permit exceed one year. Application for extension shall be made on a form provided by the City Engineering Services. The application shall be accompanied by a fee in the amount set forth in the city's fee schedule resolution.

(C) Upon expiration of any permit issued pursuant to this subchapter, no further work may be done in connection with construction, repair, reconstruction or abandonment of a well unless and until a new permit for that purpose is secured in accordance with the provisions of this subchapter.

[1961 Code, § 24.118; Ord. 1041; Ord. 1103, 11-20-1991]

(A) A permit issued hereunder may be revoked or suspended by the City Engineer as provided in this subchapter if he or she determines that a violation of this subchapter exists, that written notice has been directed to the permittee specifying the violation, and that the permittee has failed or neglected to make the necessary adjustments within 15 days after receiving notice.

(B) A permit may be revoked or suspended by the City Engineer if he or she determines at a hearing held for such purpose that the person to whom any permit was issued pursuant to this subchapter has obtained the same by fraud or misrepresentation.

[1961 Code, § 24.119; Ord. 1041; Ord. 1103, 11-20-1991]

(A) Any person whose application for a permit has been denied or whose permit has been suspended or revoked may request a hearing.

(1) The person shall file with the City Engineer a written petition requesting the hearing and setting forth a brief statement of the grounds for the request.

(2) The Hearing Officer shall be the City Engineer or the City Engineer's designee. At the time and place set for the hearing, the Hearing Officer shall give the petitioner and other interested persons adequate opportunity to present any facts pertinent to the matter at hand.

(3) The Hearing Officer may, when he or she deems it necessary, continue any hearing by setting a new time and place and by giving notice to the petitioner of the action.

(B) At the close of the hearing, or within 30 working days thereafter, the Hearing Officer shall order disposition of the application or permit as he or she has determined to be proper, and shall, by postage prepaid, registered mail, notify the petitioner of the determination.

[1961 Code, § 24.120; Ord. 1041; Ord. 1103, 11-20-1991]

No persons shall engage in any activity listed in § 54.217 unless he or she is in compliance with the provisions of this subchapter and possesses a valid C-57 license in accordance with the California Contractor's State License Law (Cal. Bus. & Prof. Code, div. 3, ch. 9) or possesses a license appropriate to the activity to be engaged in. The person shall register annually with the City Engineer and pay the registration fee specified in the city's fee schedule resolution, prior to commencing any activity regulated by this subchapter.

[1961 Code, § 24.121; Ord. 1041; Ord. 1103, 11-20-1991]

Standards for the construction, reconstruction, abandonment or destruction of wells shall be the standards recommended in the bulletins of the California Department of Water Resources as follows: Bulletin No. 74-81 Chapter II Water Wells, and Bulletin No. 74-90 (Supplement to Bulletin 7481) as these bulletins may be amended by the state from time to time. The content of those bulletins is hereby incorporated by reference with the following additions or modifications:

Bulletin No. 74-90 Monitoring Well:

(A) Exploration holes for determining immediate geological or hydrological information relating to onsite sewage disposal systems, liquefaction studies, hazardous materials investigations, or geotechnical investigations for construction purposes, such as foundation studies, are exempt from the monitoring well destruction standards of Part 111, Bulletin 74-90, provided that a zone of low permeability overlying sediments with water bearing capabilities has not been penetrated. For the above-listed cases, the excavation or boring shall be backfilled with native soils immediately after the investigatory work has been completed. Where a zone of low permeability has been penetrated, the hole shall be abandoned as specified in Bulletin 74-90, Part 111. When the excavation or boring is to be left open and unattended (such as at the end of a work shift), the person in charge of the construction shall take all necessary precautions to ensure the excavation has not created a public health or safety hazard.

[1961 Code, § 24.121; Ord. 1041; Ord. 1103, 11-20-1991]

The location and design of lateral wells shall be in accordance with the standards recommended in the state Department of Health Services publication, “Requirements for Use of Lateral Wells in Domestic Water Systems” as such publication may be amended by the state from time to time. The content of that publication is hereby incorporated herein by reference.

[1961 Code, § 21,123; Ord. 1041; Ord. 1103, 11-20-1991]

A site inspection by the City Engineering Services is required prior to issuance of a permit for a well that is to be part of a public water system or other wells that possess a high potential for contamination as determined by the Director. In the event the well is to serve a system under the direct jurisdiction of the State Department of Health Services, that agency may perform the site inspection and notify the Director of its approval or disapproval.

[1961 Code, § 24.124; Ord. 1041; Ord. 1103, 11-20-1991]

(A) A well inspection shall be requested of the Fire Department at least two working days in advance of the following activities:

(1) For individual domestic wells, agricultural wells, cathodic protection wells, and monitoring wells:

(a) The filling of the annular space or conductor casing;

(b) Immediately after the installation of all surface equipment and (for individual domestic wells) after the well has been disinfected and purged;

(2) For community wells: All community water wells shall be inspected at the frequencies stated in division (A)(1) above for individual domestic water wells. In addition, a site inspection prior to issuance of a permit is required in accordance with § 54.226;

(3) For all wells, any other operation or condition for which a special inspection is stipulated on the well permit;

(4) For well destruction (all wells):

(a) During the actual sealing of the well;

(b) Immediately after all well destruction work has been completed.

(B) Upon failure to notify the Fire Department of the filling of the annular space, approved geophysical tests including sonic log and gamma ray log shall be conducted at the owner's expense, to substantiate that an annular seal has been properly installed.

(C) If the enforcement agency fails to appear at the well site at the time designated for sealing, the well may be sealed without the presence of the enforcement agency. However, the driller shall seal the well in accordance with the standards of this subchapter and the permit in the absence of any inspection.

[1961 Code, § 24.125; Ord. 1041; Ord. 1103, 11-20-1991]

(A) Drilling fluids and other drilling materials used in connection with cathodic protection, monitoring or water well construction, shall not be allowed to discharge onto streets or into waterways, and shall not be allowed to discharge to the adjacent property unless a written agreement with the owner(s) of the adjacent property is obtained; provided, the fluids and materials shall be cleaned up and removed within 30 days after completion of the well drilling and there shall be no violation of waste discharge regulations.

(B) This section shall not operate to prohibit the surface discharge of contaminated groundwater provided such discharge is carried out in compliance with a lawful order of a regional water quality board.

[1961 Code, § 24.126; Ord. 1041; Ord. 1103, 11-20-1991]

(A) It is unlawful for any person or entity to drill, dig, excavate or bore any water well at any location where sources of pollution or contamination are known to exist or have existed, or otherwise substantial risk exists that water from that location may become contaminated or polluted even though the well may be properly constructed and maintained. Exceptions to the above include the following:

(1) Extraction wells used for the purpose of extracting and treating water from a contaminated aquifer;

(2) Wells from which water is to be treated to meet all State Department of Health standards and requirements;

(3) Wells from which water will be blended with other water sources resulting in water that meets all State Department of Health standards and requirements.

(B) Every well shall be located an adequate distance from all potential sources of contamination and pollution as follows:

(C) Minimum distances from other sources of pollution or contamination shall be as determined by the City Engineering Services upon investigation and analysis of the probable risks involved. Where particularly adverse or special hazards are involved as determined by the City Engineering Services, the foregoing distances may be increased or specially approved means of protection, particularly in the construction of the well, may be required as determined by the City Engineering Services.

[1961 Code, § 24.127; Ord. 1041; Ord. 1103, 11-20-1991]

(A) Any person who has drilled, dug, excavated or bored a well subject to this subchapter shall, within 30 days after completion of the drilling, digging, excavation, or boring of the well, furnish the City Engineering Services with a complete log of the well on a standard form provided by the State Department of Water Resources.

(1) This log shall include depths of formations, character, size distribution, i.e., clay, sand, gravel, rocks and boulders, and color for all lithological units penetrated, the type of casing, pump test results when applicable, and any other data required by the department.

(2) The City Engineering Services may require inspection of the well log during any phase of the well's construction and, where necessary to achieve the purposes of this subchapter, may require modification of the work as originally phoned.

(B) Well logs furnished pursuant to this subchapter shall not be made available for inspection by the public, but shall be made available to governmental agencies for use in making studies; provided, any report shall be made available to any person who obtains written authorization from the owner of the well.

[1961 Code, § 24.128; Ord. 1041; Ord. 1103, 11-20-1991]

(A) Check valve. A check valve shall be provided on the pump discharge line adjacent to the pump for all water wells.

(B) Sample spigot. An untreated sample spigot shall be provided on the pump discharge line of any water well used as a public water supply adjacent to the pump and on the distribution side of the check valve.

(C) Water well disinfection pipe. All community water supply wells and individual domestic wells shall be provided with a pipe or other effective means through which chlorine or other approved disinfecting agents may be introduced directly into the wells. The pipe shall be extended at least four inches above the finished grade and shall have a threaded or equivalently secured cap on it.

(D) Water well flow meter. A flow meter or other suitable measuring device shall be located at each source facility and shall accurately register the quantity of water delivered to the distribution system from all community water supply wells serving a public water supply system.

(E) Air-relief vent. An air-relief vent, when required, shall terminate downward, be screened and otherwise be protected from the entrance of contaminants.

(F) Backflow prevention assembly. Agricultural wells equipped with chemical feeder devices for fertilizers, pesticides or other nonpotable water treatment shall be furnished with an approved backflow prevention assembly or a sufficient air gap to insure that a cross-connection with the well does not exist.

[1961 Code, § 24.129; Ord. 1041; Ord. 1103, 11-20-1991]

Every new, repaired or reconstructed community water supply well or individual domestic well, after completion of construction, repair or reconstruction, and before being placed in service, shall be thoroughly cleaned of all foreign substances. The well gravel used in packed wells, pipes, pump, pump column, and all well-water contact equipment surfaces, shall be disinfected by a City Engineering Services-approved method. The disinfectant shall remain in the well and upon all relevant surfaces for at least 24 hours. Disinfection procedures shall be repeated until microbiologically safe water is produced, as set forth in the California Code of Regulations, Title 22, “Domestic Water Quality Monitoring.”

[1961 Code, § 24.130; Ord. 1041; Ord. 1103, 11-20-1991]

(A) Water from all new, repaired and reconstructed community water supply wells shall be tested for and meet the standards for microbiological, general mineral, general physical, chemical and radiological quality in accordance with the California Code of Regulations, Title 22, “Domestic Water Quality and Monitoring.”

(B) In addition to the microbiological standards required in § 54.232, all individual domestic water wells shall be tested for and meet the nitrate, fluoride and total dissolved solids (TDS) standards in accordance with the California Code of Regulations, Title 22, “Domestic Water Quality and Monitoring.”

(C) At the discretion of the City Engineer, for the purpose of protecting the health and safety of the public, any new, repaired or reconstructed individual domestic water well, or community well, shall be tested for and meet any or all additionally specified Water Quality Standards in accordance with the California Code of Regulations, Title 2, “Domestic Water Quality and Monitoring.” Exceptions would be community well water to be either treated or blended with other water sources to meet State Department of Health Services standards and requirements. The treatment or blending must be approved by the State Department of Health Services.

[1961 Code, § 24.131; Ord. 1041; Ord. 1103, 11-20-1991]

(A) Individual domestic water wells for which the owner requests a City Engineering Services evaluation of water quality, shall be tested for water quality standards for individual domestic water wells as provided for in § 54.232. The City Engineering Services shall perform a well-site inspection and conduct the microbiological sampling portion of the evaluation. Any additional testing, including any pump test to determine the yield quantity of the well, shall be performed by state-certified individuals at the expense of others.

(B) The City Engineering Services shall collect an evaluation service fee in accordance with the city's fee schedule resolution.

[1961 Code, § 24.132; Ord. 1041; Ord. 1103, 11-20-1991]

(A) If, after 30 days of abandonment, the owner has not declared to the City Engineering Services a proposed reuse of the well per § 54.238 and the well has been found by the City Engineering Services to be a hazard, whereby its continued existence is likely to cause damage to groundwater or a threat to public health and safety, the City Engineering Services shall direct the owner to destroy the well in accordance with § 54.224.

(B) Upon removal of the pump, the casing shall be provided with a threaded or equivalently secured watertight cap. The well shall be maintained so that it will not be a hazard to public health and safety until the time as it is properly destroyed.

[1961 Code, § 24.133; Ord. 1041; Ord. 1103, 11-20-1991]

Where an abandoned well has been identified and the owner fails to comply with the City Engineering Services order to destroy the well, the well may be declared a public nuisance pursuant to Cal. Gov't Code § 50231, and thereafter abated pursuant to Cal. Gov't Code tit. 5, div. 1, art. 9. Where abatement is undertaken at the expense of the city, that cost shall constitute a special assessment against the parcel and shall be added to the next regular tax bill as enumerated under Cal. Gov't Code §§ 50244 et seq.

[1961 Code, § 24.134; Ord. 1041; Ord. 1103, 11-20-1991]

Where a well is unused or its disuse is anticipated, the owner may apply to the City Engineering Services, in writing, stating an intention to use the well again for its original or other approved purpose. The City Engineering Services shall review such a declaration and may grant an exemption from certain of the provisions of § 54.235, provided no undue hazard to public health or safety is created by the continued existence of the well. Thereafter, an amended declaration shall be filed annually with the City Engineering Services. The original or subsequent exemption may be terminated for cause by the City Engineering Services at any time.

[1961 Code, § 24.135; Ord. 1041; Ord. 1103, 11-20-1991]

Subject to approval by the State Department of Health Services, the City Engineer may grant an administrative variance of the provisions of this subchapter where documentary evidence establishes that a modification of the standards as provided herein will not endanger the general public health and safety and strict compliance would be unreasonable in view of all the circumstances.

Subchapter 12. Penalty

[1961 Code, §§ 24.111, 24.136, 24.38 and 24.43; Ord. 1041; Ord. 1103, 11-20-1991; Ord. 257; Ord. 631; Ord. 894]

(A) Any person violating the provisions of this chapter for which no other penalty is set forth is guilty of a misdemeanor. In addition, the city may bring an action in the Superior Court of the state of California for the county of Riverside to obtain injunctive relief prohibiting any violation of this chapter.

(B) Any person found taking water from a fire hydrant in violation of § 54.068 shall be subject to a fine of $50 for the first offense in one calendar year, $100 for the second offense in the same calendar year and $300 for the third and each additional offense in the same calendar year.

(C) Any person found taking water from a city main or service line is in violation of § 54.100 and shall be subject to a fine of $25 for the first offense in a calendar year and $50 for each additional offense in the same calendar year.

(D)

(1) The City Engineer, or the City Engineers designee, may, at any time, and all reasonable times, enter any and all places, property, enclosures and structures for the purpose of conducting examinations and investigations to determine whether all provisions of §§ 54.215 through 54.238 are being complied with.

(2) It is unlawful for any person, firm, corporation or association of persons to violate any provisions of §§ 54.215 through 54.238 or to violate any provisions of any permit granted pursuant to those sections. Any person, firm, corporation or association of persons violating any provision of those sections shall be deemed guilty of an infraction or misdemeanor as herein specified. The person, firm, corporation or association of persons shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of those sections or the provisions of any permit granted pursuant to those sections is committed, continued or permitted. Any person, firm, corporation or association of persons so convicted shall be:

(a) Guilty of an infraction offense and punished by a fine not exceeding $100 for a first violation;

(b) Guilty of an infraction offense and punished by a fine not exceeding $200 for a second violation at the same site. The third and any additional violations on the same site shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000 or six months in jail or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve a person, firm or corporation or association of persons from the responsibility for correcting the violation.

(3) Anything done, maintained or suffered in violation of any of the provisions of those sections is a public nuisance and may be enjoined or summarily abated in the manner provided by law. Every public officer or body lawfully empowered to do so shall abate the nuisance immediately.